Chicago Mayor Rahm Emanuel (D) is pushing more gun control for Federal Firearms License holders (FFLs) in the city.
He couched the push as an attempt to fight straw purchases but did not mention that Illinois law already makes it illegal to sell a gun to someone who lacks the legal documentation to buy one and also prohibits someone from purchasing a gun for any individual who cannot legally purchase one themselves.
In fact, the NRA-ILA reports Illinois laws governing gun sales and transfers are some of the most stringent in the nation.
Regarding the sale of guns:
A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly… Sells or transfers ownership of a firearm to a… person who does not display to the seller or transferor of the firearm either: (1) a currently valid Firearm Owner’s Identification Card that has previously been issued in the transferee’s name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act; or (2) a currently valid license to carry a concealed firearm that has previously been issued in the transferee’s name by the Department of State Police under the Firearm Concealed Carry Act.
A violation of the Illinois law is a Class 4 felony that can result in up to three years in prison.
And in addition to the rules barring sales to those not possessing a FOID card or concealed carry permit, another law–720 Ill. Comp. Stat. 5/24-3.5–bars individuals from buying guns for persons prohibited from buying them for themselves:
A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.
In addition to the Illinois laws against straw purchases, ATF form 4473 makes clear that the purchaser of the gun must be the actual buyer of the gun as well. This is a federal regulation against straw purchases that is in addition to the state laws.
Yet Emmanuel thinks more laws and regulations are in order.
AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at firstname.lastname@example.org.