Chicago City Wire

In her first move as Cook County State’s Attorney, Eileen O’Neill Burke said she would seek detention for violations of the Illinois PICA Act, the two-year-old law that banned so-called assault weapons and other firearms and magazines—a law that a federal judge in downstate Illinois judge recently ruled unconstitutional.

To Mandi Sano, spokesperson for the Illinois Gun Rights Alliance, Burke’s announcement hints of a public relations stunt aimed at a near certain appeal of the judge’s Nov. 8 ruling.

“I'm curious why her first directive isn't to seek detention for every detainable felony (full stop), why just the ones in which a PICA banned item is used,” Sano told Chicago City Wire in an email. “Is this directive to keep Illinoisans safe or to bolster the perceived need for PICA in advance of the appellate court's decision?”

Burke’s announcement was part of a tougher on crime approach targeting the leniency of detention under the 2021 SAFE-T Act, which overhauled the criminal justice system. Burke promised to seek detention for a host of crimes including any domestic violence-related, stalking or sex offense where the offender used or possessed a weapon.

But history shows that targeting weapons does not move the needle on crimes involving firearms, Sano said.

In 1968, Chicago began requiring registration of handguns. 

In 1982, Chicago banned the sale and registration of handguns, effectively banning handguns in the city. 

In 1993, Cook County instituted an "assault weapons" ban to protect citizens. 

In 2006, Cook County strengthened its "assault weapons" ban. 

In 2013, Cook County again strengthened its "assault weapons" ban. 

In 2023, Illinois Governor Pritzker signed PICA—the statewide "assault weapons ban" into law. 

In spite of the city's, county's and state's restrictive gun mandates over decades, Chicago and Cook County continue to have among the highest number of shootings in the country.

“Hopefully the new Cook County State's Attorney decides to prosecute and hold accountable ALL criminals that commit crimes causing death or injury to other human beings, not just the crimes that are committed with items banned under PICA or the Cook County ban,” Sano said. “Because if PICA or the Cook County ban is the litmus test for prosecution then Illinois residents will not see the results they deserve.”

Burke, sworn into office on Monday, Dec. 2, replaces Kim Foxx, who served as the State’s Attorney for eight years. 

Law enforcement and former county prosecutors are hoping that Burke reverses many of the progressive policies instituted under Foxx, including mass exonerations of convicted murderers on questionable claims of police and prosecutorial misconduct.