Offenses involving guns can carry hefty penalties, whether a gun was actually discharged or not. People may use guns to defend themselves but still end up charged with a gun crime because of illegal possession. Possession or use of a gun can elevate a relatively minor alleged crime into a serious felony offense.

If you are charged with a weapons offense, you need the help of a dedicated defense attorney. While the potential consequences of a gun crime may be severe, a Chicago gun lawyer can help you understand the charges against you and work toward minimizing them.

State Gun Laws

The state of Illinois imposes some limits on gun ownership. These gun laws are located in 720 Illinois Compiled Statutes 5/24-1 through 5/24-3. The state requires a background check and a three-day waiting period for the purchase of a gun. They also restrict who can own a gun, prohibiting some classes of convicted criminals from legal gun ownership.

Gun owners need a license, known as a Firearm Owner’s Identification (FOID) card. Possession of a gun without a FOID card is a Class A misdemeanor. A second offense is at least a Class 4 felony—it may be a higher offense if the defendant is no longer eligible for a FOID card.

There are several qualifications that you need to meet to be eligible for a FOID. For starters, you must be at least 21 years old, unless you have written consent from a legal guardian. You must also have never been convicted of a felony and not have a history of drug addiction. There are other limitations related to your capacity as an adult, including whether or not you have been in a mental health facility in the past five years.

It is no longer legal to purchase semi-automatic weapons in Illinois, though people who already owned them prior to the sales and manufacturing restriction are allowed to keep them as long as the guns are registered. Possession of an unregistered semi-automatic weapon is illegal.

Possession charges may not require any other illegal behavior. However, discovery of an illegal firearm is often incidental to other criminal charges. A seasoned attorney can help with gun charges and other related criminal offenses in Chicago.

Chicago Concealed Carry License

In Illinois, people must have a Firearms Owners Identification (FOID) card in order to legally possess firearms or ammunition. The Illinois State Police must issue a FOID to any qualified applicant.

Additionally, 430 Illinois Compiled Statutes § 66 requires people to have a Concealed Carry License in order to carry a concealed firearm. Carrying concealed refers to carrying either a loaded or unloaded, fully or partially concealed firearm on his or her person or within a vehicle. In addition to meeting the other legal qualifications, the applicant must not pose a danger to self or others. A Chicago gun attorney can help people determine whether they are eligible for a Concealed Carry License and potentially challenge denials.

Weapon-Related Offenses

Illinois has a crime known as the unlawful use of a weapon (UUW). The title of the law suggests that someone would have to use or attempt to use a weapon in the commission of a crime. However, the law does not require a weapon to be discharged. Instead, someone can get a UUW charge for possessing a firearm in a prohibited location or possessing certain types of weapons.

People can even get charged with the aggravated unlawful use of a weapon (AUUW) without discharging it or brandishing it. Possessing it in public without the proper license can become an aggravated offense if the weapon is loaded and immediately accessible to the person. AUUW charges are felonies and can carry a mandatory minimum six-year sentence if a defendant has certain prior convictions.

Felons cannot legally own a firearm or possess ammunition in Illinois. The felony conviction does not have to be in Illinois. Police can charge a defendant with unlawful use of a weapon by a felon (UUWF) if they find a firearm, even in an unrelated search. Felons with multiple prior convictions for certain violent, drug-related, or firearm-related offenses may be charged as an armed habitual criminal (AHC). An AHC is a Class X felony, which carries a sentence of six to 30 years and disqualifies a person from parole.

Possession or use of a firearm during the commission of another crime can also increase sentences for related crimes. During the commission of a crime:

• Possessing a firearm can add 15 years
• Discharging a firearm can add 20 years
• Causing great bodily harm, disfigurement, or disability adds at least 25 years

A skilled firearm lawyer could help a defendant determine what potential consequences apply to them and see if charges in Chicago could be reduced.

Defense Strategies in Chicago Gun Cases

You have several options when it comes to fighting back against gun charges. Ultimately, the facts of your case will determine the right approach. Some of your options include the following:

Self-Defense

One of the most popular options for offenses involving the use of a firearm includes self-defense. You are entitled to defend yourself—even with deadly force—in situations where you have a reasonable belief that you are facing imminent harm. You could also use a weapon to defend someone else in that position.

Lack of Possession

In Illinois, many firearm charges are based on possession. The law recognizes two types of possession: actual possession and constructive possession. Actual possession means you physically had the firearm on your person, while constructive possession means the weapon was not directly on you but was in a place over which you had control or the intent to control. Both are treated the same under the law if proven, but constructive possession is often more difficult for prosecutors to establish. If you can show that you did not have either type of possession, you may not be guilty of this offense.

Constitutional Violations

Many defenses are based on your constitutional rights. If the police illegally search your property, any evidence related to a gun charge could be kept out at trial.

Losing Your Gun Rights

When you are convicted of a gun crime, you could face an array of penalties, including incarceration or fines. However, there could be other consequences as well, including the loss of your firearm rights.

Under federal law, convicted felons are barred from owning, using, selling, or possessing firearms. This is true for any felony offense, including many state-level gun charges. In most situations, this ban is permanent.

According to Illinois law, you could also have your FOID card revoked after being convicted of a felony. This prohibition could remain in place even if your rights at the federal level are restored.

There are limited options for restoring your gun rights after a criminal conviction. If you are pardoned by the governor, you have the right to petition for the return of your gun rights. There are also other circumstances where a Chicago gun attorney may be able to help restore your rights.

How an Attorney Could Help

Being charged with a gun crime is a serious matter, and it is something that you should never face on your own. Instead, you could benefit from working with a Chicago gun attorney during every phase of your case.

First and foremost, your attorney could evaluate the allegations against you. This can help them answer your questions and advise you on the strengths and weaknesses of the state’s evidence. Your lawyer could help you better understand the legal jeopardy you face while also providing you with the details you need to make decisions about your defense.

At no point is the support of an attorney more important than when your case goes to trial. There are complex rules regarding evidence and witness testimony, and even a small mistake could hurt your defense. Placing your trust in an attorney can increase your chances of achieving a positive outcome. 

Talk to a Dedicated Chicago Gun Attorney

Firearms offenses are severe and can come with serious consequences. Whether the charges accompany other criminal charges or are simply for unlawful possession, you face potential jail or prison time and other penalties.

Schedule a free case evaluation with a knowledgeable Chicago gun lawyer from Price Benowitz. We can help you understand the charges against you and review your potential defense strategies.