Illinois Gun Charges

Contact a Drug Lawyer for Your Best Defense. Acquiring or transferring firearms from a private citizen in Illinois requires the following: - Both the Seller and Buyer must possess valid FOID cards. There have been rumors that Unlawful Use of a Weapons (UUW) laws in Illinois have been declared unconstitutional, but this is not correct, as we have discussed elsewhere on this site. For example, if you have a prior robbery and residential burglary conviction, and then you are charged for possessing cocaine while armed with a handgun, then you can be charged with both Armed Violence and Armed Habitual Criminal. If you don't know how to beat a felony drug charge in Illinois, reach out to the lawyers at Chicago Trusted Attorneys, who can help. Whereas most gun charges involve suspects carrying guns in their car or on the street, the charge of Unlawful Weapon by Felon often occurs where a gun is found in the home of the suspect. One of the issues on many people's minds are whether police officers are going through the right procedures.

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Even possessing ammunition can result in a weapons charge. The waiting period between buying and actual possession of a gun is called the "cooling-off" period. According to the regulations, a handgun is any device that is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas. Here is a comprehensive guide about Illinois' Gun Possession Laws: PRACTICE AREAS. We can help you work for the best results for your case, starting with helping you to understand your charges and your defense. In addition, the individual may be charged with up to 50 years in prison if they are in possession of a machine gun inside of a penal institution. If police found a weapon on your person through an illegal search, your attorney may be able to have your charges dropped. Losing your probation opportunity isn't the only penalty you could face. What is the punishment for unlawful use of weapons? Before this law was passed, it was common for gun owners caught for the first time without proper identification to be charged with a misdemeanor and locked up for less than a year. Public park, athletic area, or athletic facility.

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For example, a 50 year old medical doctor with no criminal record must receive prison time if convicted of aggravated unlawful use of a weapon. However, in 2011, the laws changed and became quite harsh. The firearm is carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act. Broken bottles or other pieces of glass. In the case of a machine gun, simply owning or possessing parts which can be put together to create a machine gun can lead to some serious jail time. The First Time Weapon Offender Program in Illinois is a diversionary program for people charged with gun crimes. However, that does not mean the possession of firearms and other weapons is unregulated.

First Time Gun Charge In Illinois

Of weapons — some more common and others quite bizarre. 2) is a much more serious charge or offense involving a situation where a person knowingly or intentionally fires a weapon in the direction of another person or into a building or vehicle they know to be occupied. Although the person may have intended no harm with the weapon, it is a criminal offense to be in possession of certain weapons at certain locations or without the proper documentation. Types of Weapons Offenses in Illinois. In Illinois, gun laws are extremely strict so if you are facing first time gun charges then you will need an aggressive criminal defense attorney representing you.

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Mr. Pissetzky and another attorney pushed the case... Motion Granted, Case Dismissed. Some Illinois drug offense cases may be addressed with a simple denial that the drugs were yours. Is Aggravated Unlawful Use of a Weapon a Felony or Misdemeanor? You are intellectually disabled or developmentally disabled. If you can show this was not the case, you may be able to have the charges against you dismissed. It can even interfere with one's ability to access loans and welfare aids. Clearly, being convicted for unlawful use of weapons in aggravated circumstances will lead to very hard jail time. You could be sentenced to the Illinois Department of Corrections on your very first offense. You have been discharged from the Armed Forces under dishonorable conditions. Schedule a free consultation. Proximately caused great bodily harm, permanent disability, permanent. If you submitted an application for a FOID and were denied, then you can appeal that denial. If you are caught in possession of a loaded gun and have no FOID card or Conceal and Carry License (CCL) then you could be facing 1-3 years in prison even if you have no prior convictions. Any stadium, arena, or the real property or parking area under the control of a stadium, arena, or any collegiate or professional sporting event.

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That's right: no felony conviction enters against you. A medical marijuana patient registry card holder. Further, if you are not read your Miranda rights or afforded legal representation. An experienced firearms lawyer can. If the firearm is not immediately accessible to you (e. g., it is in the. They must receive approval from the ISP before the firearm can be transferred to the buyer. Be charged with AHC if you receive, sell, possess, or transfer a firearm. Additionally, a criminal defense attorney that is familiar with the prosecutors and judges can get your charges amended from a felony to a misdemeanor offense to keep the felony off your record and keep you out of Cook County jail. Given that gun possession and trafficking is becoming a bigger and bigger problem across Illinois, police are cracking down on gun crimes throughout the state—including in and around Wheaton and DuPage County. Any building or real property that has been issued a Special Event Retailer's license. Possession in any establishment that sells alcoholic beverages is a Class 4 felony. Many counties have diversion programs which are alternatives to the criminal justice system.

In Illinois, it is illegal to own almost any kind of weapon without first obtaining a Firearm Owner's Identification (FOID) card. What this means is that you cannot possibly obtain a concealed carry permit for any of these weapons. I offer this Illinois firearm guide as free legal education. That it couldn't function, unless it's a machine gun, is not. To learn about what we can do for you, do not hesitate to contact us today at (312) 883-9466. Argue any possible defenses to strengthen your case. If you or a loved one has been accused of a gun charge or other weapons violation and are seeking legal guidance from an aggressive criminal attorney, contact the Law Offices of Andrew M. Weisberg to schedule a private consultation with Mr. Weisberg.