Elgin man sentenced to 6 years on gun charge

An Elgin man who sold a replica AK-47 assault rifle to an undercover police officer has been sentenced to six years in prison, authorities said Friday.

A Kane County jury convicted Benjamin Tamayo, 40, last month of unlawful use of a weapon by a felon and unlawful sale of a firearm, both felonies. Tamayo, who was convicted of obstructing justice in 2001, was sentenced Wednesday by Circuit Judge Thomas E. Mueller.

Prosecutors said Tamayo and his brother, co-defendant Carlos Tamayo, 34, of Chicago, sold the replica weapon to an undercover officer on Aug. 7, 2008. In March, the younger Tamayo was sentenced to two years in prison after pleading guilty to aggravated unlawful use of a weapon.

By statute, Benjamin Tamayo must serve at least half of the 6-year sentence. He was credited for 253 days spent in the county jail, according to the state's attorney's office.