Publications

Articles on Firearms

New exemptions from Firearm Owners Identification Card Act ; P.A. 92-0839 (approved 8-22-02, effective immediately); P.A. 92-0854

May
2003
Illinois Law Update
Page 226
Recent legislation created additional classes of persons exempt from the requirement that a person who owns or possesses a firearm in Illinois must have a Firearm Owner's Identification Card.

Plaintiff’s complaint against firearm manufacturers, distributors and dealers for creation and maintenance of public nuisance states viable cause of action

February
2003
Illinois Law Update
Page 62
On November 4, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County dismissing the plaintiff's second amended complaint for failure to state a cause of action.

Law prohibits cell phone look-alike firearms: guns that resemble cellular telephones P. A. 92-0155

August
2002
Illinois Law Update
Page 402
On July 25, 2001, Gov. George H. Ryan signed into law Senate Bill 0037, which amends the Criminal Code of 1961 to prohibit the manufacture, sale, transfer, purchase, possession, or carrying of a firearm that is in the shape or design of a wireless telephone.

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.

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