Chicago Gun Crime Defense Attorney
Chicago Gun Crime Lawyer
If you’re facing charges related to firearms in Chicago, navigating the legal process can be daunting. The laws around gun possession and use are strict in Illinois and Chicago, and a conviction can lead to serious consequences. Having a knowledgeable defense attorney by your side is essential to protect your rights and build the best possible defense.
Understanding Gun Laws in Chicago, IL
Chicago has some of the strictest gun laws in the country. The city enforces regulations aimed at reducing gun violence, but these laws also mean that even minor violations can lead to hefty penalties. Illinois’ gun laws include restrictions on carrying firearms, the manner of possession, and certain types of weapons in Chicago, IL.
For anyone caught or suspected of violating these laws, it’s crucial to understand the specific statutes involved. Possessing a firearm without a valid license, carrying a concealed weapon without proper permits, or being involved in firearm-related incidents can lead to charges such as unlawful use of weapons, illegal possession of firearm ammunition, or even more severe allegations, depending on the circumstances.
Common Gun Charges in Chicago
Unlawful Possession of a Firearm
This charge is one of the most common firearm-related offenses in Chicago. It applies when someone is found with a firearm in their possession without possessing the necessary legal license or permit required by Illinois law. To legally carry or possess a firearm in Chicago and Illinois generally, you must have a valid Firearm Owner’s Identification (FOID) card issued by the Illinois State Police.
If you are caught with a gun and do not have a valid FOID card, or if your FOID has been revoked or suspended, you can be charged with unlawful possession. Additionally, even with a valid FOID, certain restrictions may apply if you are under the influence of alcohol or drugs, or if your possession occurred in prohibited locations, such as schools or courthouses.
Concealed Carry Violations
Even with a FOID and a CCL, the law imposes strict guidelines that regulate the manner in which a person carries their firearm. For example, a person cannot be at a bar or establishment that sells alcohol while carrying their firearm arm. This is in violation of the Conceal Carry Act.
Carrying a Firearm in a Vehicle (Guns in Vehicles)
In many cases, firearms found inside a vehicle are hidden from view, making discovery more complex. Police often conduct traffic stops for minor violations such as speeding, expired plates, or equipment issues like a broken license plate light. Officers may use these infractions as a reason to search the vehicle.
If an officer smells cannabis or sees something suspicious during a stop, this can lead to a full vehicle search, especially if the driver consents. Additionally, if the driver is arrested and the vehicle is towed, law enforcement officers may search it without a warrant.
To reduce the likelihood of being unlawfully stopped or searched, avoid having illegal substances like cannabis in accessible areas of the vehicle, and ensure your equipment, such as lights and plates, is functioning properly. If you believe your vehicle was searched illegally, your attorney can challenge the stop or search, which could lead to a dismissal of charges.
Common Questions:
If I have a valid FOID card, can I keep my weapon inside my vehicle?
Yes, but it must be stored properly—unloaded, in a non-functioning state, or kept in a case or container. Improper storage can lead to arrest and charges.
If I don’t have a FOID card, can I carry ammunition in my vehicle?
No. You cannot possess or carry ammunition without a valid FOID card.
I’ve never had a FOID or CCL. What if I didn’t know there was a weapon in my vehicle?
You must have knowledge of the weapon’s presence to be charged. If you weren’t aware, you likely won’t face charges. Contact us to discuss your case.
Do I need to tell the police if I have a weapon in my car with a valid FOID and CCL?
Only if asked. Under law, you must disclose possession if requested during a lawful stop. You are not required to voluntarily inform the officer.
Common Gun Charges in Chicago, IL
Aggravated Unlawful Use of a Weapon
If a person has in their possession a firearm and was never issued a Concealed Cary License (“CCL”) or a FOID card, that person will be charged with Aggravated Unlawful Use of a Weapon. Being charged with this offense carries with it serious consequences and prison time. Subsequent charges for Aggravated Unlawful Use of Weapon can increase the seriousness of the charge. For example, if a person is a felon and is in possession of a firearm, that person can be charged with a Class 2 Felony. If a person has two or more prior weapon convictions and is subsequently charged with Aggravated Unlawful Use of a Weapon, that person can be charged with a Class X felony caring with it a prison sentences of a minimum of 12 years. Read more about aggravated unlawful use of a weapon.
Illegal Sale or Transfer of Firearms
Selling or transferring firearms without proper licensing or through illegal channels can lead to severe criminal charges. The state of Illinois enforces strict regulations regarding firearm transactions. If you are not licensed as a firearms dealer, you are prohibited from selling or transferring guns to others. Even private sales are subject to regulations, including background checks and reporting requirements in certain cases.
Engaging in unlicensed sales, especially with the intent to sell to convicted felons or minors, or transferring weapons across state lines without compliance, can result in federal and state charges. It is critical to follow all laws related to firearm sales to avoid criminal liability.
Possession of a Firearm by a Prohibited Person
Certain individuals are legally barred from owning or possessing firearms in Illinois. These restrictions are generally based on criminal history, mental health status, or juvenile records. The most common prohibited individuals include those with prior felony convictions, certain misdemeanor convictions (especially domestic violence), or individuals subject to certain restraining orders.
If a prohibited person is found with a firearm, they can face charges for possession, which carry significant penalties, including jail time. The law emphasizes protecting public safety by preventing dangerous individuals from having access to firearms. If you are prohibited from owning a firearm but are found in possession, it is crucial to seek legal counsel immediately to explore possible defenses or mitigation strategies.
Being charged with a gun crime in Chicago can be life-altering. Even if the firearm was not used in the commission of a violent crime, gun possession or related charges can lead to serious legal and personal consequences. In Illinois, gun laws are among the strictest in the country, especially in Chicago, where there are strict requirements for gun ownership, transportation, and use. Given the severe consequences of gun charges, working with a Chicago gun crime lawyer at Bernard Law is essential to protect your future.
Possible Consequences of Gun Charges
A conviction for a gun crime can lead to:
Loss of Freedom: A conviction can result in significant jail or prison time. Even first-time offenders may face mandatory minimum sentences, depending on the nature of the charge. In some cases, probation may be an option, but violations of probation terms can lead to additional penalties.
Employment Challenges: A criminal record involving a gun charge can make it difficult to secure employment. Many employers are hesitant to hire individuals with any type of violent or weapons-related offense on their record.
Loss of Gun Ownership Rights: A conviction on a firearm charge can result in the loss of your right to legally own or possess a firearm in the future, making it difficult to protect yourself or participate in recreational shooting sports.
Social Stigma: In addition to the legal penalties, being convicted of a gun crime can damage your reputation within your community and create social stigma, leading to strained relationships with friends and family.
Financial Challenges: Gun charges often come with hefty fines, which can add financial strain to the legal and personal consequences of a conviction.
The impact of a gun charge goes beyond the immediate penalties. It can create long-term obstacles that affect your personal life, career, and future opportunities. Therefore, securing the services of experienced Chicago gun crime attorneys is crucial for protecting your rights and minimizing the damage.
The Importance of Working with a Gun Crime Attorney in Chicago IL
If you’re facing gun charges, it’s important to act quickly. A defense attorney experienced in firearm-related cases can examine the details of your situation, challenge evidence if necessary, and pursue the most favorable outcome. Possible defenses might include procedural errors during arrest, lack of evidence connecting you to the firearm, or legal reasons why the charges should not apply.
Your attorney will also advise you on the potential penalties—such as fines, probation, or jail time—and work to mitigate those consequences through negotiation or trial advocacy. There are key benefits of working with a gun crime lawyer in Chicago.
Knowledge of Firearm Laws
Gun laws in Chicago and Illinois are complex and continually changing. A seasoned Chicago gun crime lawyer will have a deep understanding of these laws and be able to navigate the nuances of your case. They will know how to interpret the charges against you and explain your legal options in a clear and concise manner.
Crafting a Strong Defense
A Chicago gun crime defense lawyer will work diligently to build a defense that suits the specifics of your case. Possible defenses may include:
Challenging the Legality of the Search and Seizure: If the firearm was found as a result of an illegal search, your attorney may file a motion to suppress the evidence, which could lead to a dismissal of the charges.
Proving Lack of Knowledge: In some cases, your attorney may argue that you were unaware of the firearm's presence, especially if it was found in a vehicle or shared property.
Questioning Intent: If the gun was in your possession but not intended for illegal use, your attorney may argue that the circumstances do not warrant a harsh sentence.
Demonstrating Proper Licensing: In cases where gun ownership or transportation is questioned, showing proof of proper licensing or permits can help reduce or dismiss charges.
Negotiating Lesser Charges or Penalties
A firearms defense attorney will have the negotiation skills needed to work with prosecutors to reduce your charges or negotiate for lesser penalties, such as probation instead of jail time. In some cases, they may even work to have your charges dismissed altogether.
Protecting Your Rights and Future
A conviction for a gun-related offense in Chicago can have long-lasting impacts, including difficulties with employment, housing, and your ability to own firearms in the future. That’s why having a dedicated Chicago firearms defense attorney on your side is essential.
At Bernard Law, our team of dedicated Chicago gun crime defense lawyers is here to fight for your rights and provide the legal representation you need during this challenging time. Whether you’re facing charges of unlawful possession, aggravated use of a firearm, or another gun-related offense, we will work tirelessly to protect your future. Contact us today to schedule a consultation with a gun charges attorney in Chicago, IL and take the first step toward defending yourself against gun charges.
Trusted Criminal Defense Lawyers for Firearm Charges
If you are facing firearm-related charges in Chicago, it is crucial to have a dedicated Chicago gun crime defense lawyer representing your interests. Bernard Law will craft a tailored defense for clients against a wide range of firearm offenses, including unlawful possession, illegal sale or transfer of weapons, and possession by prohibited persons. We understand the complexities of Illinois gun laws and local court procedures, which allows us to craft effective defense strategies for each individual case.
Our approach focuses on achieving the best possible results, whether through negotiations, motions to dismiss, or trial advocacy. Privacy and confidentiality are at the core of our services, ensuring that your case receives personalized attention and discreet handling at every stage.
If you are in need of legal assistance, don’t wait to seek help. Contact us office today to schedule a confidential consultation. We are prepared to stand by your side, protect your rights, and navigate the legal system on your behalf.
Frequently Asked Questions: Gun Violations
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Your Fourth Amendment rights typically come into play when you're charged with a gun offense in Chicago, IL. In most instances, the police typically discover a weapon after they search you, your car, or your home. In order for the police to conduct a search they must have probable cause and in some instances, they must have a warrant. It was extremely common for the police to ignore, forget, or to intentionally violate someone's Fourth Amendment rights. If this is the case, your case could be thrown out completely. If you are charged with a gun offense in Chicago, IL, we will determine if your legal rights have been violated.
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If you are convicted of a gun crime in Chicago, IL, you could potentially be sentenced to jail or prison. In addition, you could forever be labeled a convicted felon. As a convicted felon, you are no longer eligible to vote, obtain housing, and governmental benefits. It is extremely important that you have an gun crime attorney to determine the best way to handle your case and possibly avoid a conviction.
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In some situations, negotiating with the prosecutors to reduce gun charges will be in a person’s best interest. If the person has no prior felony or misdemeanor convictions, in some cases the State will agree to reduce the guncharges. If a person is charged with a misdemeanor gun offense, we may be able to negotiate with the prosecutor to drop charges after that person completes certain conditions. In some situations, the State may not be able to prove certain elements of the gun offense you are charged with. For example, if you are charged with a misdemeanor UUW, the State must prove that the weapon was immediately accessible. If the facts and circumstances show that the weapon was no immediately accessible, the case can be dropped. Call us today for a free consultation.
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You should never talk to the police or prosecutors without an attorney present. In almost every situation that the police or State wants to talk to you it is because you are suspected of committing a crime. Anything you say to the police or prosecutors WILL be used against you. Meaning, if you admit to something or even simply corroborate a fact that tends to show you committed a crime, your chances of getting the case dismissed drop drastically. A confession is the most damning piece of evidence against a person charged with a crime. Whenever you are asked to speak to the police or the prosecutor, say these magic words: “I am invoking my Fifth Amendment right to remain silent, and I want an attorney present for any questioning.”
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Being found guilty of a criminal offense can have drastic effects on your life. In some cases you can be sentenced to significant jail or prison time. Your job can be in jeopardy, your family, housing and other aspects of your life. Pleading guilty to an offense should be your absolute last resort given these possible consequences. Call us today to determine what your best options are and ways we can help you.
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If you have been previously convicted of a felony offense and subsequently convicted of another offense, the State could determine that you are “extendable.” This means that your sentence could be longer than the typical range of that offense. If you are a convicted felon and you are facing another felony, call us to determine your options and get a free consultation.
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The Illinois State Police and the State itself impose very strict guidelines for owning a weapon. If you are a convicted felony you cannot obtain a FOID card. If you currently have a FOID and/or CCL and you are convicted of a gun crime, the State can revoke your privileges and you could lose your FOID and CCL indefinitely.
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If you have been convicted of a gun offense you cannot get your record expunged. However, you may be able to get the conviction sealed. There are time frames to be aware of and the process of sealing can be complicated. It is best to speak to an chicago gun crime defense attorney to help you through the process and ensure there are no issues.
