New Cook County Prosecutor Vows Crackdown on ‘Assault Weapons’

The new state’s attorney in Cook County, Illinois is pledging to make Chicago a safer place by cracking down on illegal gun possession, including the so-called assault weapons that are the subject of a federal lawsuit. 

Eileen O’Neill Burke, who was sworn in last weekend, says Cook County’s positives are being “overshadowed by crime right now”, which is true enough. But Burke’s tough-on-crime stance extends far beyond going after violent criminals. In her first comments to the press on Monday she made it clear that her office will be prosecuting far more non-violent, possessory offenses than her predecessor Kim Foxx. 

O’Neill Burke called the state’s assault weapons ban — which is being challenged in a downstate federal court — a top tool to address Chicago gun violence. 

“There is no doubt in my mind that the appellate courts are going to uphold our ban,” O’Neill Burke said. “Starting today, we are treating the possession of these weapons with the seriousness they demand.”

She should at least entertain the possibility that the Seventh Circuit Court of Appeals will uphold Judge Stephen McGlynn’s decision striking down most of the state’s ban on “assault weapons” and “large capacity” magazines. While a three-judge panel on the Seventh Circuit previously overturned an earlier injunction granted by McGlynn, the panel that will hear the state’s appeal of McGlynn’s final determination has a different makeup, and one that may very well be more critical of the state’s ban on commonly owned arms. 

The gun and magazine ban are still in effect while the lawsuit is appealed, and Cook County has an “assault weapon” ban of its own in place in addition to the statewide prohibitions that McGlynn deemed unconstitutional, so O’Neill Burke can prosecute as many possessory cases as law enforcement in Cook County bring her. 

Her first policy directive calls for prosecutors to seek detention for “every detainable felony offense where an offender used or possessed a firearm equipped with an extended magazine, drum magazine, automatic switch, or used a ghost gun or defaced firearm.”

The county also will seek detention for “any domestic violence-related, stalking or sex offense where the offender used or possessed a weapon” as well as “any detainable felony offense that is committed on public transportation,” among other cases, O’Neill Burke’s office said in a statement.

Keep in mind that possessing a handgun in public without a carry license is a Class 4 felony in Illinois, so O’Neill Burke’s directive doesn’t just cover individuals accused of committing a violent offense. Simply possessing a handgun with a factory-issued magazine that holds more than 10 rounds would be enough for prosecutors to try to keep someone locked up until trial. 

Given how many repeat violent offenders are released before trial by Cook County judges, it remains to be seen whether O’Neill Burke’s mandate will have a significant impact on those facing non-violent, possessory charges, but her pledge to crack down on mere possession of some of the most popular rifles in the country is still concerning… and all the more reason for the Supreme Court to grant cert to the Snope case challenging Maryland’s “assault weapons” ban when the case is heard in conference in just a few weeks.