Guns and Weapons
On this Page:
- Supreme Court's Historic Gun Rights Decision Could Affect Your Case
- The Least You Should Know about Illinois Firearms Law
- How to Beat a Gun Case
- Related Blog Posts
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
-Second Amendment to the United States Constitution
This page gives a very general overview of the procedures, penalties, and defenses involved in an Illinois Unlawful Use of a Weapon (UUW) charge. Every case is different and the law is constantly changing, so there is no substitute for having the facts of your case analyzed by an experienced Illinois weapons lawyer.
Supreme Court Decides Historic Gun Possession Case
On June 28, 2010, the United States Supreme Court decided McDonald v. City of Chicago, a historic gun rights case. If you have been charged with any crime involving your ownership or use of a gun, this could affect your case.
Illinois Firearms Law: Potential Penalties
Class A Misdemeanors Punishable by Up to a Year in Jail and/or $2500 Fine
- Possession of a firearm,
- Possession of a knife, switchblade, throwing star, blackjack or bludgeon,
- Possession with intent to use a dagger, knife, or broken bottle or piece of glass,
- Possession of a tear gas gun,
- Selling, manufacturing, or possessing an explosive bullet.
Class 4 Felonies Punishable by Up to 1-3 Years in Jail and/or $25,000 Fine
- Possession of a firearm in an establishment that sells alcohol,
- Possession of a firearm while hooded, robed, or masked,
- Possession of a firearm without a valid FOID card,
Class 3 Felony Punishable by 2-5 Years and/or $25,000
- Second offense of possession of a firearm,
- Possession of a firearm within 1000 feet of a school, courthouse, housing project, or park,
- Possession of a sawed off shotgun,
- Possession of a bomb, grenade, or Molotov cocktail,
- Possession of a silencer.
Class 2 Felony Punishable by 3-7 Years and/or $25,000
- Possession of a machine gun
Class X Felony Punishable by 6-30 Years and/or $25,000
- Possession of a loaded machine gun.
How to Beat a Gun Case
Most defenses to Unlawful Use of a Weapon accusations fall into four categories:
Challenge the Stop or the Search:
It is illegal for police to stop you without a specific reason. Even if the police do properly stop you, it is unconstitutional for police to search you without probable cause. If the case against you is based on a gun or other weapon that was found in your car, and either the stop or the search was unconstitutional, any and all evidence obtained as a result of the illegal stop or search must be thrown out. Without the illegally obtained evidence, the case against you falls apart and must be thrown out.
Challenge "Possession"
Maybe you were arrested because you were in a car with other people and the police found a gun or other weapon near you, but not on you. Or, perhaps you were alone, but the police found weapons near you in a backpack or glove compartment. Both of these are cases in which "possession" can be challenged; just being near a gun or other weapon does not mean they were in your "possession" or that you even knew about them.
An Invalid Search Warrant
Some cases involving a weapon found during a search of your home or business can be dismissed because of defects in the search warrant. A search warrant may be invalid for several reasons:
- Lack of probable cause,
- The information used to get the warrant was obtained from an unreliable source ,
- The warrant was based on stale information. This can happen either because the warrant is based on old information, or, the warrant was based on fresh information but was not acted on promptly,
- The warrant does not identify the place and persons to be searched, or the items to be seized, with sufficient particularity.
Constitutional Challenge
New case law provides excellent ammunition to attack the constitutionality of laws restricting access to guns and other weapons. In McDonald v. City of Chicago, the Supreme Court ruled that the right to have a gun for self-defense in the home is a constitutional right. Although the Court did not answer the question as to whether it yet recognizes the right to defend oneself outside of his or her home that certainly seems to be the next logical progression. After over a hundred years of neglect, the Supreme Court is beginning to honor the text and intention of the Second Amendment Right to Bear Arms. This case opens many excellent opportunities for those who are merely attempting to exercise their Constitutional right to have weapons and protect themselves in a dangerous world.
Call for a Free Evaluation of Your Illinois Firearms or Weapons Case
Facing an Unlawful Use of a Weapon prosecution may be the most stressful thing you will ever go through in your life. I’ve helped hundreds defeat criminal charges, or at least control the damage they can cause, and I can guide you through the complex road ahead. If there is a way to beat your case, I will find it. If there is a way to settle your case quickly while keeping your record clean, I will find it. On the way phone calls and email will be answered promptly and you will have direct access to me personally.
Call me at 312.789.8050 or contact me online for a free consultation.