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