What are my legal rights if I’m charged with a gun offense in Chicago, IL?

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. Read More "

What are the potential consequences of a conviction for a gun crime in Chicago, IL?

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. Read More "

What will happen if I am found guilty or plead guilty to the charges in Chicago, IL?

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. Read More "

Gun Charges in Chicago, IL

Chicago Gun Charge Attorney

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Unlawful Use of a Weapon in Chicago, IL

In Illinois, to legally purchase and possess a weapon, a person must have a valid Firearm Owners Identification (“FOID”) card. Even with a FOID however, the law regulates the manner in which a person can possess a firearm. For example, if a FOID holder has a weapon in a vehicle, it must be unloaded and kept in a case, OR broken down in a non-functioning state, OR not immediately accessible inside of the vehicle. In addition, there are other types of weapons that can lead to an Unlawful Use of a Weapon charge if a person is in possession of such weapons. For example, if a person has a taser on their person or inside of a vehicle without first obtaining a FOID card, that person can be charged. Being in possession of brass knuckles can lead to being charged with UUW. Generally, a person under these circumstances would be charged with a misdemeanor Unlawful Use of a Weapon charge.

Being charged with a weapon offense, whether it be a misdemeanor of felony, can have a severe impact on ones ability to be employed and/or a mandatory prison sentence. Repeat gun offenders face an even more difficult road as the law requires even harsher consequences. Finding an attorney who understands search and seizure law and is able to identity potential issues in a case is extremely important. Contact Bernard Law today to discuss your options.

Common Questions:

IF I HAVE A VALID FOID CARD, CAN I HAVE MY WEAPON INSIDE OF MY VEHICLE?

If you have been issued a valid Firearm Owner Identification Card you are allowed to have your weapon inside of your vehicle however, it must be properly stored. In Illinois, a person who has a weapon inside of their vehicle must have the weapon either broken down in a non-functioning state; or is not immediately accessible within the vehicle; or unloaded and enclosed in a case, firearm carrying box, shipping box, or other container. Someone with a valid FOID card can still be arrested and charged with a criminal offense if their weapon is not properly stored in their vehicle.

IF I DONT HAVE A FOID CARD, CAN I CARRY AMMUNITION INSIDE OF MY VEHICLE?

If a person has not been issued a valid FOID card, that person cannot possess ammunition in their vehicle nor on their person. In order to legally possess and purchase ammunition, a person needs a valid FOID card.

I’VE NEVER BEEN ISSUED A FOID CARD OR A CCL. WHAT IF THERE IS A WEAPON INSIDE OF THE VEHICLE I’M DRIVING AND I DIDN’T KNOW ABOUT IT?

A person must have knowledge that a weapon is inside of the vehicle they are driving in order to be charged with a criminal offense. Knowledge can proven if that person admits they knew a weapon was inside of the vehicle or if the circumstances suggest that a person knew a weapon was inside of the vehicle. Call us today to speak with any attorney about your specific circumstances.

I HAVE A VALID FOID CARD AND A VALID CCL. DO I HAVE TO TELL AN OFFICER IF I HAVE A WEAPON IN MY CAR?

It depends. The Firearm Conceal Carry Act (430 ILCS 66/10(h) states, “If an officer of a law enforcement agency initiates an investigative stop, including, but not limited to, a traffic stop, of a licensee… upon the request of the officer the licensee…shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, or present the license upon the request of the officer if he or she is a licensee…” Therefore, a CCL holder must disclose that there is a firearm in the vehicle only if requested by the officer. Nothing in the Act states that a person must voluntarily disclose that a firearm is in the vehicle. The law also states that a CCL holder must submit to an officer securing the firearm during the traffic stop and/or investigation.

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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.

Conceal Carry Act 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.

Guns in Vehicles

In most cases, when a person is illegally carrying a firearm inside of vehicle, it is typically hidden from view. So, the question is, how are officers able to recover firearms that are out of view? In most scenarios a person is pulled over for a traffic offense. This can be as a result of speeding, having expired plates, or having an equipment violation (no working license plate light). In most cases, officers use these violations as a pretext to discover that a person is in possession of contraband.

There are many ways in which a typical traffic stop can lead to an officer discovering a firearm. When the officer pulls a person over and smells cannabis inside of the vehicle, that officer can search the entire vehicle. If a person consents to a search of their vehicle, that officer can search the vehicle. If a person is arrested and their vehicle needs to be towed away from the scene, officers can search their vehicle. To avoid being pulled over in the first place, ensure that you do not have cannabis being illegally stored inside of the vehicle. It needs to be in a sealed, childproof container. Also avoid committing traffic infractions, follow the speed limit, and make sure that all of your equipment is functioning. In many cases, police officers illegally stop and a search a vehicle for the sole purpose of finding contraband. If this the case, we can challenge either the stop or search and obtain a dismissal in your case. Read more about guns in vehicles.

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Frequently Asked Questions: Gun Violations

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.
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 attorney to determine the best way to handle your case and possibly avoid a conviction.
In some situations, negotiating with the prosecutors to reduce 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 charges. 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.
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.”
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.
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.
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.
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 attorney to help you through the process and ensure there are no issues.