Illinois Bar Journal


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Articles on Firearms

Decedent’s survivors can sue gun manufacturers and distributors for public nuisance provided that decedent’s death is “fairly traceable” to the defendants’ conduct March 2002 Illinois Law Update, Page 120 On December 31, 2001, the Appellate Court of Illinois, First District, concluded that the complaint instituted by survivors of decedents killed by guns manufactured or distributed by the defendants stated a cause of action for public nuisance.
Convicted felons would have to give up weapons and FOID cards under proposed legislation; S.B. 1065 July 2001 Illinois Law Update, Page 342 The General Assembly approved a new gun control measure that would require convicted felons to surrender their guns and Firearm Ownership Identification Cards before going to prison.
The Illinois law prohibiting the unauthorized possession of weapons on public property is not unconstitutionally vague, nor does it violate separation of powers principles April 2001 Illinois Law Update, Page 170 On February 16, 2001, the Illinois Supreme Court reversed the appellate court's finding that § 21-6 of the Criminal Code of 1961, 720 ILCS 5/21-6, was unconstitutional.
Gunrunning that involves minors is a Class X felony; PA 91-13 August 1999 Illinois Law Update, Page 406 "Gunrunning'' constitutes the "violation of any of the paragraphs of section 24-3'' of the Illinois Criminal Code, 720 ILCS 5 et seq, when three or more firearms are transferred.
Illinois responds to recent school shootings with preventative and punitive legislation August 1999 Illinois Law Update, Page 406 In response to high school shootings in Arkansas, Colorado, and other states, the General Assembly enacted several bills into law that attempt to deter and more harshly penalize school shooting offenders.
Penalties enhanced for unlawful discharge or sale of firearms near schools; PA 91-12 August 1999 Illinois Law Update, Page 406 According to 720 ILCS 5/24-1.2, "aggravated discharge of a firearm'' is, inter alia, firing a gun at a person, or into a building or vehicle when the shooter knows it is occupied.
Providing certain minors with access to firearms is a misdemeanor; PA 91-18 August 1999 Illinois Law Update, Page 406 PA 91-18 will penalize a person who knowingly leaves a firearm where a minor under 14 years of age can access it if the minor later causes death or serious bodily harm with it.
School officials must report armed persons on school grounds; PA 91-11 August 1999 Illinois Law Update, Page 406 According to PA 91-11, a school official must notify the school principal if he/she observes a "person in possession of a firearm on school grounds.''
School shooters excluded from juvenile court jurisdiction ; P.A. 91-15 August 1999 Illinois Law Update, Page 406 The Juvenile Court Act, 705 ILCS 405/1 et seq, attempts to best serve the safety and ``welfare of [an accused minor] and the best interests of the community'' by shielding the minor from the full force and application of the Illinois Criminal Code.
Correspondence from Our Readers May 1999 Column, Page 234 Single-subject rule: falling on the sword of Damocles?
The Lawyer’s Journal By Bonnie McGrath March 1999 Column, Page 126 The "Frye plus reliability'' standard.