* Last month in The Trace’s daily roundup…
Cook County’s chief public defender: End the criminalization of gun possession.
In an op-ed for The Nation, Sharone Mitchell Jr. lent his support to an amicus brief filed by public defenders against New York’s gun licensing policy, decrying how it’s largely young men of color who are affected when illegal gun possession cases are prosecuted. “Despite the Second Amendment’s claimed protections — that have only expanded in the last 60 years — Black and brown men in New York, Chicago, and other localities around the country aren’t protected like white gun owners: We’re arrested, prosecuted, and warehoused in prisons,” he writes.
Mitchell expressed support for many policies of the gun reform movement — including funding community violence intervention, repealing the gun industry’s unique legal protections, and restricting assault weapons and high-capacity magazines. But he argued that the cost of gun possession prosecutions has been too high for Black and brown communities, while also failing to cut the supply of guns to those areas.
* Mitchell’s op-ed has all but been ignored by the Chicago media…
I think about a college classmate, who is Black. A licensed gun owner in another state, he was visiting family in Illinois—a state with different licensing laws. He left his licensed gun in his bag, which he put through the metal detector at a bar where he planned on watching the Air & Water Show. The bag set off the detector and my classmate was arrested and prosecuted for possession of a firearm. I became his public defender. Because of his arrest, he served time in jail, lost his job, and faced housing instability. The shame and trauma stay with him to this day.
I think about a man my office represents, a father of four kids and professional driver, who purchased a firearm after being caught in the cross fire of a shooting on the freeway. He was willing to do anything to keep himself and his family safe. But he was Black. Shortly after he started carrying a gun for his own protection, suburban police arrested him and prosecutors charged him with a felony for not having the right license.
I also think about the hundreds of young Black men my office represents every year, arrested and facing years in prison for simple possession of a gun because they were terrified, but didn’t have enough money, the wherewithal, or time to purchase a license. Often, they are denied a license because of a prior drug conviction—an obstacle to licensure that their white counterparts, far less likely to be arrested for drug possession than Black and brown Americans, do not face.
I think about how differently they would be treated by police and prosecutors if they were born a different color, lived in a different area of the state. Here’s the stark reality of injustice: Over 75 percent of firearm possession convictions in Illinois occur in Cook County, in a few Chicago neighborhoods.
Most critically, however, my office sees the profound and oppressive impact of disproportionate gun arrests on the people we represent. We see how, far from ending gun violence, this form of “gun control” completely undermines public health and safety. The people we serve face a dual threat: harm from a community awash in violence—and harm from a system awash in incarceration. And throughout it all, guns don’t disappear, and shootings continue.
The truth is, laws criminalizing gun possession not only devastate Black and brown communities; they also fail to achieve one of their primary objectives: reducing the supply of guns on our streets. As the Chicago Police Department seizes thousands of guns on the street, thousands more exist on the market and access to them remains far too easy.
* I decided to post the public defender’s op-ed after reading this tweet from a pro-gun exurban Republican legislator and figured they would go together well…
…Adding… Semi-related…
With the school shooting at Oxford High School near Detroit, Mich., two weeks ago still fresh in the minds of many teachers and parents, some wonder what school officials might have missed leading up to the tragedy.
The Illinois Education Association stated members across the state continue to report violence in their schools. Now, the organization is pushing for school leaders to follow proper safety protocols.
Gov. JB Pritzker signed a bill into law in 2019 requiring all schools to identify staff for threat assessment teams and create a procedure to handle threats by February 2020. IEA President Kathi Griffin is working with a bipartisan group of state lawmakers to craft a bill to track schools that aren’t complying with that law.
Griffin says Illinois school administrators who don’t have a plan in place must act now to keep their students, staff, and school communities safe. […]
The state doesn’t know how many districts follow the school threat assessment law right now. Despite that, Rep. Fred Crespo (D-Hoffman Estates) and Rep. Tony McCombie (R-Savanna) say school districts must step up and follow the mandate.
They plan to file language soon for a trailer bill to ensure the state can monitor and enforce the law. Crespo said school leaders need to understand they’re on the hook when it comes to safety.
- Merica - Thursday, Dec 16, 21 @ 10:14 am:
This is a great strategy to lose an election. What should we call this? the decriminalization of violent crime?
- Dan Johnson - Thursday, Dec 16, 21 @ 10:15 am:
And these are mandatory sentences. Zero discretion. 15 years for simple possession.
We have the longest mandatory sentences for possession (or use) of a weapon in the country.
These should be discretionary.
Criminal punishments should be swift and certain, not severe. We don’t catch nearly enough people who commit crimes. And of those we do, we punish them with sentences that are far too long.
More innovation with swifter, certain (but appropriate) sentences or consequences — prison isn’t that good of a consequence for deterrence — would change the calculus of committing violence.
- TheInvisibleMan - Thursday, Dec 16, 21 @ 10:16 am:
I saw that tweet this morning, and my first thought was “when did Sue move to Chicago”.
Then I looked up the rape statistics for Morris.
Sue should focus on her district.
- Shield - Thursday, Dec 16, 21 @ 10:17 am:
- Merica - Thursday, Dec 16, 21 @ 10:14 am:
Is the BIF already getting broadband into troll caves? Amazing!
- people caring loudly - Thursday, Dec 16, 21 @ 10:18 am:
Does sue think the only people who live in Lakeview and Lincoln Park are suburban kids with mommy and daddy paying rent? Bc that’s how that reads
- cermak_rd - Thursday, Dec 16, 21 @ 10:20 am:
I could agree with removing the limitation on felons owning guns if the felony they were convicted of did not involve a gun. In the same way I support removing the requirement that parolees not drink (or in IL use marijuana) if their crime had nothing to do with substance use.
I was reared in Coles County. I know for a fact that back then the laws regarding illegal weapons were not enforced (basically if you never shot anyone with it you were safe and even then if it was self-defense you were safe.) Perhaps the state should make sure that the laws are equally enforced in all 102 counties.
- Out Here In The Middle - Thursday, Dec 16, 21 @ 10:21 am:
Unfortunately the focus of these gun laws on black citizens is a feature of the law . . . not a bug.
- Donnie Elgin - Thursday, Dec 16, 21 @ 10:22 am:
Both the public defender and Senator Rezin are correct, and one solution is to get rid of the FOID Card.
- Tony DeKalb - Thursday, Dec 16, 21 @ 10:27 am:
Well one of the commenters on that Rezin tweet suggests “they” should “buy more guns and all kill each other.” I wonder who “they” is?
- Siriously - Thursday, Dec 16, 21 @ 10:31 am:
Nothing says a policymaker is not really interested in policy like an anecdote
Look at crime stats by neighborhood by year, then maybe you can look at how you want to invest in crime prevention strategies and tools.
That tweet is what I expect someone to say who is not an IL State Senator.
You’re an actual lawmaker, maybe try doing the work that you’re there to do. Tweet less?
- Anyone Remember - Thursday, Dec 16, 21 @ 10:39 am:
Since permanent DUI related license revocations disproportionality affect lower income people, let’s get rid of that law. No /s
- Mason born - Thursday, Dec 16, 21 @ 10:47 am:
Thanks for linking the op-ed Rich.
This is a bug/benefit of our current CCW law depending on your point of view. It’s expensive and time consuming to get a CCW license. The training is expensive and can be hard to find, takes forever to have the license issued, and due to restrictions of minimal value if you rely on public transport. These are the side effects of the law people with a lack of money or time are going to find it difficult to get one. A lot of those people are unfortunately going to be minorities. Those folks are also the ones most likely to feel the need to defend themselves due to living/working in high crime areas. While our law is world’s better than the NY law which seems to be a Friends/Family/Celebrity permittee type it has this effect.
As for the Senator a lot of people seem to like to prove repeatedly that they’re idiots.
- Merica - Thursday, Dec 16, 21 @ 10:49 am:
Just as a reminder, reality show host Donald Trump was elected as President of the United States, and was barely defeated. You have to carry **some** rural white people and most of the white people in the suburbs to win. How does this policy direction help you win? how does getting rid of AP course and modifying grades and tests help you win?
what happens to holding police officers accountable by creating a database of their disciplinary records, mandating body cams, recruiting more officers of color?
Maybe this is a good idea to explore in the future, but right now it’s political suicide. First, prevailing opinions are against you. Secondly, one incident of violent crime unifies a community against you.
If you want Sean Hannity as the next President, keep it up
- cermak_rd - Thursday, Dec 16, 21 @ 10:54 am:
Anyone Remember,
The way I read the law is you have to be convicted of 4 DUIs within 20 years to get a permanent DUI loss. That’s a lot of cases and a lot of reminders to stay on the straight and narrow (or at least not drive after drinking). Why does it disproportionately hit lower income people? Inferior legal advice? Less ability to hire a cab?
- Fav Human - Thursday, Dec 16, 21 @ 10:57 am:
If you don’t prosecute gun possession, in essence you have Vermont style concealed carry.
FOID, CCW not needed.
- Amalia - Thursday, Dec 16, 21 @ 11:02 am:
yep, read that piece by the Public Defender a while ago. Sharone Mitchell and Kim Foxx make quite a pair.
- Blue Dog - Thursday, Dec 16, 21 @ 11:04 am:
the FOID card does nothing to reduce gun violence. nothing.
commit a felony with a gun..25 yrs. no parole.
- Almost the Weekend - Thursday, Dec 16, 21 @ 11:17 am:
The Chicago media is ignoring this so Kim Foxx doesn’t get any other ideas.
Academia and theory are completely different from the real world. It’s best to apply a combination of both to meet the needs of society. Kim Foxx has failed to do this, please don’t give her any other ideas. She’d be going full DC Rep Miller if she does.
- Anyone Remember - Thursday, Dec 16, 21 @ 11:24 am:
cermak_rd
===Why does it disproportionately hit lower income people?===
They can’t afford the lawyers who can get the initial cases “watered down” … . DUI cases are the only criminal cases where the majority of attorneys are privately retained and paid. Unless a fatality is involved, how often are DUI defendants represented by public defenders?
- Roman - Thursday, Dec 16, 21 @ 11:34 am:
No doubt, there are racial disparities in enforcement of gun crimes. But the racial disparities are even greater when it comes to victimization. That doesn’t get talked about nearly enough.
The media (and Sue Rezin) focus on violent crimes in predominantly white areas. But the overwhelming majority of carjackings and shooting are occurring in Black neighborhoods with Black victims.
Getting guns and shooters off the street saves Black lives.
- Eric - Thursday, Dec 16, 21 @ 11:46 am:
===15 year mandatory sentence===
Please point to the Illinois criminal statute that imposes a 15 year mandatory minimum sentence for firearm possession. No such law exists.
- Ares - Thursday, Dec 16, 21 @ 11:50 am:
Bail changes will present even thornier issues than gun enforcement, when the bail provisions of HB3653 take effect 1/1/23 and 1/1/25, and judges have to apply them to people arrested on gun charges.
- Give us Barabbas - Thursday, Dec 16, 21 @ 11:53 am:
I have no doubt black people get a harder time on gun-related crime and punishment in Cook County. But that line in the story about Cook County implies it is all policy-driven, and I just feel like I have to point out, the majority of Illinois’ population is concentrated in Cook County and the suburbs so the stats can be misrepresented in some ways.
- Ok - Thursday, Dec 16, 21 @ 12:10 pm:
Senator Rezin thinks that Lake View and Lincoln Park are just kids of parents from Wheaton and Naperville. She is talking to the Wheaton and Naperville parents who are already scared of the city and disapprove of their young kids moving there.
It’s like she is stuck in 1998.
160,000 people live in those two neighborhoods. 14,000 people live in Morris.
- SOIL M - Thursday, Dec 16, 21 @ 12:11 pm:
Of course restrictions on the Second Ammendment have more impact on Black and Brown Men. That is the entire history of gun control laws going back to the post civil war period. It has always been, and still is a process of control by the Democratic Party. Look back at the history of gun control and where it is today. The need to control minorities has not changed, just the messaging.
- Lester Holt’s Mustache - Thursday, Dec 16, 21 @ 12:31 pm:
== still is a process of control by the Democratic Party. ==
This isn’t correct, republicans used to support gun control before they went nuts. Nixon proposed a federal ban on handguns. Reagan supported multiple gun control laws. H.W. Bush famously renounced his membership in the NRA. Sheesh, you should know this it wasn’t even that long ago.
- We've never had one before - Thursday, Dec 16, 21 @ 12:32 pm:
>>>>What should we call this? the decriminalization of violent crime?
In Cook Co, we apparently already have the decriminalization of violent crime, if we don’t indict, if we don’t detain.
Here we are talking about possession of a firearm. The mere possession of a firearm is a violent crime. Yet there is a violent environment. Allow the people, ALL THE PEOPLE, without infringment, the possesion of the tools of defense.
- Chris - Thursday, Dec 16, 21 @ 12:56 pm:
“ semi automatic weapons ”
Oh, those sound extra dangerous. Perhaps Senator Rezin would like to introduce legislation limiting semi-automatic weapons in Illinois. /s
What is with the political gun nuts trying to make a standard hand gun sound more dangerous than it is? “Semi automatic weapon” sheesh.
- Roman - Thursday, Dec 16, 21 @ 12:58 pm:
== And these are mandatory sentences. Zero discretion. 15 years for simple possession. ==
Not true. From the criminal code, unlawful use of a weapon by a felon: “ a Class 3 felony for which the person shall be sentenced to no less than 2 years and no more than 10 years.”
That’s for a previously convicted felon. Simple possession by a non felon almost always results in probation in Illinois. Gerry McCarthy went crazy over this when he was CPD superintendent because almost all gun possession charges in New York result in prison sentences. (See Plaxico Burress.)
- Chris - Thursday, Dec 16, 21 @ 12:59 pm:
“ It’s like she is stuck in 1998.”
That view was 4-5 years out of date by 1998. More like 91-92.
- We've never had one before - Thursday, Dec 16, 21 @ 1:06 pm:
typo, sorry.
The mere possession of a firearm is NOT a violent crime.
- Anyone Remember - Thursday, Dec 16, 21 @ 1:11 pm:
===Look back at the history of gun control … .===
Sacramento, Black Panthers, Gov. Ronald Reagan, The Mulford Act. The internet is your friend.
- Todd - Thursday, Dec 16, 21 @ 1:20 pm:
Lester —
the republicans that support gun control are the outliers in the party. Just as pro-2A dems are the outliers in their these days.
The number of hypocrites on the other hand is pretty large.
The issue of possession could easily be delt with but Cook wants to play games. While Ms Foxx release and refuses to charge her criminal supporters, she appears more than willing to go after people for carrying a gun who had no priors or criminal intent.
if there is no prior felony, give them a misdemeanor $200 fine and let it go, especially if they have a carry license from another state. But a large part fo this may be resolved with the New York case. If the Court finds against New York, Illinois is gonna have the re-write our carry law as I see several points to be contested straight away that would remedy these types of situtations.
After all I publically defended Donnie Trotter on that bogus charge.
- Donnie Elgin - Thursday, Dec 16, 21 @ 1:47 pm:
“What is with the political gun nuts trying to make a standard hand gun sound more dangerous than it is? “Semi automatic weapon” sheesh”
Spot on Chris. Go to any gunshop and the majority of both handguns/rifles on display are semi-auto.
- Rich Miller - Thursday, Dec 16, 21 @ 3:04 pm:
===What should we call this?===
The Rifle Association’s case.
- Chicago 20 - Thursday, Dec 16, 21 @ 3:07 pm:
So how did Alphonso Joyner get back on the street?
- NonAFSCMEStateEmployeeFromChatham - Thursday, Dec 16, 21 @ 3:10 pm:
Story about yesterday’s District 186 forum about security measures taken in Springfield Public Schools after last month’s fatal stabbing at Lanphier HS.
In addition to the security enhancements, Springfield NAACP chapter President Teresa Haley is also calling for the district to hire more African-American social workers and counselors (in addition to reiterating support for metal detectors and wands):
https://www.sj-r.com/story/news/2021/12/16/springfield-schools-structural-security-measures-being-implemented/8903408002/
- JoanP - Thursday, Dec 16, 21 @ 3:39 pm:
= Unless a fatality is involved, how often are DUI defendants represented by public defenders? =
Extremely often.
- Eric - Thursday, Dec 16, 21 @ 3:44 pm:
DUI cases are a poor comparison. On a side note, however, the reason DUI cases are handled by private attorneys is because with a DUI usually comes a statutory summary suspension (SSS). That is a civil proceeding that public defenders are not able to handle as a matter of law (i.e. they are not criminal). Regardless, it is still very common for public defendants to be appointed to DUI cases, both misdemeanors and felonies.
- RamblerFan - Thursday, Dec 16, 21 @ 6:06 pm:
Research done by Loyola University examined the characteristics of those convicted of gun possession and how they are sentenced. Most convicted as a felon in possession were not convicted of felonies involving violence; the likelihood of going to prison if convicted of gun possession in Cook County higher than rest of Illinois. Receipts at:https://www.luc.edu/media/lucedu/ccj/pdfs/firearmpossessionsentencinginillinois.pdf
- RamblerFan - Thursday, Dec 16, 21 @ 6:11 pm:
Roman–see the report referenced by Loyola. For a period of time (2012-2017) almost ALL people convicted of simple possession without a prior felony in Cook County went to PRISON after the law pushed by McCarthy/Mayor was passed. Although this went down under Kim Foxx (and did not result in any increase in violence/gun violence in 2017, 2018, and 2019), and now most convicted of possession without prior felony convictions don’t get prison (just like in the rest of Illinois).
- Anonymous - Thursday, Dec 16, 21 @ 6:40 pm:
https://www.luc.edu/media/lucedu/ccj/pdfs/firearmpossessionsentencinginillinois.pdf
- Elmer Keith - Thursday, Dec 16, 21 @ 7:10 pm:
“…Illinois is gonna have the re-write our carry law as I see several points to be contested straight away…” Right, let’s trust the fired NRA contract lobbyist who used Otis McDonald as a front, then went behind the backs of every gun owner in Illinois to cut deals with the anti-gun Chiefs of Police in Brandon Phelps concealed carry bill? Don’t do us any favors.
NRA & ISRA gun hicks in small towns already have this type of lenient sentencing from local prosecutors, it’s called the good old boy network. They won’t lift a finger for Cook County residents.