The Chicago Tribune’s John Byrne reports that Illinois Gov. Pat Quinn has signed a law stipulating that gang members caught with a loaded gun will receive at least three years in prison. They will receive a maximum of ten years in prison, even though possession of firearms is otherwise legal in many parts of Illinois (it’s not legal in Chicago).

The Chicago Police Department are big supporters of the law. But what are gangs? Byrne reports that the “statute defines a gang as any group of at least three people with a hierarchy that engages in a pattern of criminal activity. The law specifies it is not necessary for prosecutors to show the criminal group has a name, insignias, colors, territory or other symbolism commonly linked with street gangs in order to apply the law to members.”

But I fear this law could be used against people living in dangerous situation who use a gun to protect them against gangs. Or people who have left a gang, resisted pressure to join a gang, or have family members in a gang might be incorrectly seen as gang figures.  Further, not all gangs are created equal and it seems wrong to lump together a block gang of four teenagers with an organized criminal enterprise.

It bears watching if the statute is legally challenged. If it holds, implementation seems problematic — it will mainly depend on the discretion of police and prosecutors.

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