Illegal Firearm Possession: A Reflection on Policies and Practices that May Miss the Mark and Exacerbate Racial Disparity in the Justice System

By David E. Olson

Justifiably, there has been considerable attention and focus by the public, scholars, policy makers, and criminal justice and public health practitioners on violent crimes involving firearms. However, much less attention has been paid to the crime of illegal possession of firearms. Part of this reflects dramatically different definitions of this behavior across the states given the variation in the requirements for concealed carry of a handgun, and thus what constitutes legal versus illegal possession or carrying. And while clearly the commission of a violent crime with a firearm versus the possession of a firearm by someone not licensed/permitted to do so are substantively different behaviors, often the term “gun crimes” conflates the two criminal offenses. This essay examines the 7 issue of how illegal possession of a firearm is responded to by the justice system, with a focus on Illinois to illustrate some of these issues and how arrests and convictions for these offenses disproportionately impact Black men.

Durham, NC: Duke University Center for Firearms Law, 2022. 11p.