Illinois Weapons & Gun Crime Lawyer
Illinois has some of the strictest gun laws and most severe penalties for weapons crimes in the United States, and the laws are continuously changing. In Cook County, Lake County, and the surrounding areas, prosecutors are often overeager to pursue weapons charges. Without an experienced gun crime defense attorney to protect your Second Amendment rights, you could find yourself facing significant fines and jail time, even if you didn’t do, or know you were doing, anything wrong.
Why Choose Our Law Firm to Defend Your Weapons Charges?
- 30+ Years Of Experience
- 24/7 Availability
- Free Case Consultations
- Services in English and Spanish
We fight to protect the rights of people in Chicago and Cook County, Bridgeview, Skokie, Maywood, Lake County, DuPage County, and throughout Illinois.
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Facing weapons charges in Illinois? Call The Law Office of Steven Fine at
(312) 922-0855.
Table of Contents
ToggleIllinois Gun Laws and Penalties
Illinois has some of the strictest gun laws in the country, designed to regulate firearm ownership and usage and to impose severe penalties for violations. The state’s gun laws encompass various aspects, including ownership, carrying, and usage of firearms, each with regulations and consequences for non-compliance.
Legal Firearm Ownership
To legally own a firearm in Illinois, residents must obtain a Firearm Owner’s Identification (FOID) card from the Illinois State Police. The application process includes a background check that screens for criminal history, mental health issues, and other disqualifying factors. Without a FOID card, possessing any firearm or ammunition is illegal, and violators can face penalties, including fines and imprisonment.
At the Law Office of Steven Fine, our lawyer is dedicated to fiercely defending the rights of clients who are facing the criminal justice system. Over his more than 20 years practicing law, Steven has handled hundreds of complex cases, representing his clients with a comprehensive approach to law. His techniques are cutting-edge and aggressive, and he is always willing to put in the extra effort to research and fully understand a case from every angle.
Education:
- B.A. – University of Iowa, 1990
- J.D. – John Marshall Law School, 1994
Bar Admissions:
- Supreme Court of Illinois
- U.S. District Court Eastern District of Wisconsin
- U.S. District Court Northern District of Illinois
- U.S. Court of Appeals 7th Circuit
For carrying firearms, Illinois permits concealed carry, but not open carry. Residents must obtain a Concealed Carry License (CCL), which requires completing a training course and passing a background check. Carrying a concealed weapon without a CCL can result in penalties, including felony charges that may lead to imprisonment and substantial fines. The penalties are even more severe for repeat offenders or individuals carrying firearms in prohibited areas, such as schools and government buildings.
Selling Firearms in Illinois
Illinois also has stringent regulations on the sale and transfer of firearms. All sales, including private transactions, must involve a background check and be documented. Violating these laws can lead to misdemeanor or felony charges, depending on the circumstances.
Weapons Charge Penalties
The penalties for weapons charges in Illinois vary based on the nature and severity of the offense. Unlawful possession of a firearm is typically a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500. However, possession of a firearm by a convicted felon or in certain restricted areas can elevate the charge to a Class 2 felony, carrying a prison sentence of 3 to 7 years.
In cases involving the use of a firearm in the commission of a crime, penalties are even more severe. Illinois enforces mandatory minimum sentences for using firearms in violent crimes, such as armed robbery or aggravated assault. These sentences can add decades to the prison terms of convicted offenders.
Types of Weapons Offenses
In Illinois, weapons offenses encompass a variety of illegal activities involving firearms and other dangerous weapons. These offenses range from unlawful possession and carrying to the use of weapons in committing other crimes. Understanding the different types of weapons offenses is crucial for building a strong defense for your case.
Unlawful Possession of a Firearm
This offense occurs when an individual possesses a firearm without a valid Firearm Owner’s Identification (FOID) card. It is considered a Class A misdemeanor, but the charge can escalate to a felony if the individual has a prior criminal record or is found in possession of certain types of firearms, such as those classified as assault weapons.
Unlawful Use of a Weapon (UUW)
UUW is a broad category that includes various illegal activities related to the use of firearms and other weapons. This can include carrying a concealed firearm without a valid Concealed Carry License (CCL), carrying a loaded firearm in public, or possessing a firearm in prohibited places like schools or government buildings. Depending on the circumstances, UUW can be charged as a misdemeanor or a felony.
Aggravated Unlawful Use of a Weapon (AUUW)
This is a more severe offense and typically involves carrying a firearm without a FOID card or CCL while committing another crime, carrying a firearm with an altered or obliterated serial number, or carrying a loaded firearm in public. AUUW is usually charged as a felony, with penalties that can include prison time.
Illegal Sale or Transfer of Firearms
This offense involves selling or transferring firearms without conducting the required background checks or without proper documentation. Engaging in the illegal sale or transfer of firearms is a serious offense that can result in misdemeanor or felony charges, depending on the nature and extent of the violation.
Possession of a Firearm by a Felon
Convicted felons are prohibited from possessing firearms in Illinois. Violating this law is considered a Class 2 felony, punishable by 3 to 14 years in prison. The severity of this offense underscores the state’s commitment to preventing firearm access to individuals with a history of serious criminal activity.
Possession of a Stolen Firearm
This offense occurs when an individual knowingly possesses a stolen firearm. It is treated as a felony and carries penalties, including potential prison time.
Use of a Firearm in the Commission of a Crime
When a firearm is used in the commission of another crime, such as armed robbery or assault, it enhances the severity of the offense. Illinois imposes mandatory minimum sentences for crimes involving firearms, leading to longer prison terms and more severe penalties.
Are you facing criminal charges for unlawful possession of a firearm? Call (312) 922-0855 to build your case.
FOID & Concealed Carry License Appeals
In Illinois, individuals denied a Firearm Owner’s Identification (FOID) card or a Concealed Carry License (CCL) have the right to appeal the decision. Appeals can be filed with the Illinois State Police and must include supporting documentation, such as evidence of rehabilitation, character references, and any relevant legal documents. The appeals process aims to ensure fair consideration of applicants who may have been unjustly denied due to past issues or errors in the application process. Successful appeals result in the issuance of the FOID card or CCL, allowing individuals to legally own and carry firearms in Illinois.
Frequently Asked Questions About Weapons Charges
What Constitutes a Weapons Charge?
A weapons charge involves illegal activities related to firearms or other weapons, such as unlawful possession, carrying without a permit, use in a crime, sale or transfer without proper documentation, and possession by prohibited individuals, like convicted felons. Violations can result in severe legal penalties
How Can I Beat a Weapons Charge?
To beat a weapons charge, hire an experienced criminal defense attorney to review your case, identify legal defenses such as unlawful search and seizure, lack of evidence, or procedural errors, and represent you in court. Your lawyer can negotiate plea deals or work to have charges reduced or dismissed.
Does Possession of a Weapon Make My Charges Worse?
Possessing a weapon can aggravate your charges, leading to more severe penalties. In Illinois, using or possessing a firearm during the commission of a crime often results in felony charges, mandatory minimum sentences, and longer prison terms, worsening your legal situation.
Steven Fine did an excellent job representing my son. He’s extremely knowledgeable, shows compassion for his client (my son and I), He kept an open communication throughout the duration of the case. Lastly, my son and I were satisfied with the end result of our case. I recommend Steven Fine 100% He’s the best.
At the Law Office of Steven Fine, our lawyer is dedicated to fiercely defending the rights of clients who are facing the criminal justice system. Over his more than 20 years practicing law, Steven has handled hundreds of complex cases, representing his clients with a comprehensive approach to law. His techniques are cutting-edge and aggressive, and he is always willing to put in the extra effort to research and fully understand a case from every angle.
Education:
- B.A. – University of Iowa, 1990
- J.D. – John Marshall Law School, 1994
Bar Admissions:
- Supreme Court of Illinois
- U.S. District Court Eastern District of Wisconsin
- U.S. District Court Northern District of Illinois
- U.S. Court of Appeals 7th Circuit