What You Need to Know About Illinois Weapons Charges
A police counter in the City of Chicago is almost inevitable and the subsequent search of your vehicle is almost guaranteed. The smell of fresh cannabis, tinted windows, no license plate, and acting nervous are all pretextual reasons the police can use to stop you and will stop you. This method of policing leads to unnecessary charges and the conviction of innocent people.
If you're facing a weapon charge in Illinois, it's essential to understand the laws and your rights. You should also be aware of all the potential consequences of a conviction. Because Illinois has such strict gun laws, violations can result in severe penalties, including imprisonment and fines. In this article, we'll discuss the types of Illinois weapons charges, the penalties, and what you can do if you're facing charges.
Types of Illinois Weapons Charges
There are several different charges an individual can receive if they are in possession of a weapon. These charges are different from violent crimes where an individual has brandished or discharged a firearm. Here are the most common weapons charges you may be facing:
Misdemeanor Unlawful Use of a Weapon (UUW): Under Illinois law, it is illegal to carry a concealed weapon on your person without a conceal carry license (CCL). Even if you have a Firearm Owner’s Identification Card (FOID) you cannot conceal a weapon on your person or carry the weapon illegally in your vehicle. The weapon must be broken down and not immediately accessible. In addition, a person who is in possession of a firearm while under the influence of drugs or alcohol, or on specific premises, such as schools, airports, government buildings, and public transportation can result in charges.
Felony Aggravated Unlawful Use of a Weapon (AUUW): This charge is more severe than Misdemeanor UUW and generally involves possessing a firearm without a valid Firearm Owner's Identification (FOID) card. The State is much more harsh with these types of offenses and it is critical you find an attorney who is experienced with gun charges.
Unlawful Sale or Delivery of Firearms: It is illegal to sell or transfer firearms to individuals who are ineligible to own them under Illinois law.
Concealed Carry Violations: Even if an individual has taken the proper steps to legally carry a concealed weapon, they may face charges if they don’t follow the necessary regulations. For example, even if you have a FOID and CCL, you cannot be in possession of illegally stored cannabis. The cannabis must be in a sealed, odor proof container and you cannot have more than 30 grams.
Penalties for Illinois Weapons Charges
The penalties for Illinois weapons charges vary depending on the type and severity of the offense. In general, weapons charges are classified as either a misdemeanor or a felony.
For example, if you have a FOID, a first-time UUW offense is typically a Class A misdemeanor, which carries a penalty of up to one year in jail and a fine of up to $2,500. A subsequent offense can result in a Class 3 felony, which carries a penalty of up to five years in prison and a fine of up to $25,000.
AUUW is typically a Class 4 felony, which carries a penalty of up to three years in prison and a fine of up to $25,000. Aggravating factors, such as possessing a weapon in a school or park, can result in a Class 3 felony, which carries a penalty of up to five years in prison and a fine of up to $25,000. Unlawful sale or delivery of firearms is a Class 4 felony, which carries a penalty of up to three years in prison and a fine of up to $25,000. A convicted felon who is in possession of a firearm can be charged with a non-probationable Class 2 felony and be sentenced to a minimum of 7 years in the Illinois Department of Corrections. In some instances a person can be charged with a Class X felony and be looking at maximum of 30 years in IDOC.
What to Do if You're Facing Illinois Weapons Charges
If you're facing Illinois weapons charges, it's crucial to hire an experienced criminal defense attorney who understands Illinois gun laws. Get in touch with a lawyer as soon as possible, as they can help you navigate the legal system, build a defense, potentially reduce the charges or penalties you face, and in a best case scenario, get the charges dismissed completely.
If you're facing Illinois weapons charges, it's essential to understand the charges, the potential penalties, and what you can do to protect your rights. If you have been charged with a weapons offense in Illinois, it is important to contact our firm immediately. Attorney Nate Bernard has substantial experience with gun charges and has a thorough understanding of the relevant laws. He’ll help you build the best possible defense and work toward a positive outcome to your case. Submit your information for a free case evaluation.