Firearm ownership is a political hot topic around the country, but particularly in Illinois. Often, it requires consultation from our experienced weapons criminal defense lawyers in Illinois if the need arises. With shootings on the rise, law enforcement has become very aggressive in pursuing gun charges. Frequently, that aggressiveness results in a violation of rights.
Our weapons criminal defense lawyers have observed that many guns are recovered through some type of search or seizure. If the police do not follow certain guidelines pertaining to probable cause or the use of search warrants, the evidence must be thrown out and the case dismissed. The attorneys at The MacNeil Firm have the strategies and experience needed to produce the best results possible in your gun or firearm case.
Illinois Gun Laws
Generally a person may only possess a firearm while on their own property. However, recently Illinois has passed concealed carry laws that would make it legal under some circumstances for a person to carry a gun in public. It will still be illegal for most unlicensed persons to carry firearms on their person. Our weapons criminal defense lawyers in Illinois has active defense strategies for a wide variety of such cases.
In Illinois, illegal possession of a firearm is frequently called unlawful use of weapon, or UUW. Other gun, firearm, or weapon charges that The MacNeil Firm has successfully defended include but are not limited to:
- Unlawful Use of Weapon
- Unlawful Use of Weapon by Felon
- Possession of Firearm without Valid FOID Card
- Defacing a Firearm
- Possession of Silencer
- Possession of Machine Gun
- Possession of Firearm with Barrel Length Shorter than 16″
Common Weapons Charges
Most weapons charges in Illinois are felony charges involving firearms and guns. There are misdemeanor weapons charges that can be enforced, involving switchblade knives, blackjacks and brass knuckles although these aren’t seen too often because these items are easy to find and purchase at flea markets but are illegal.
In Illinois, most felony charges involve Aggravated Unlawful Use of a Weapon. In Illinois, it’s illegal to possess a gun without a firearm owner identification card. This is obtained after answering a questionnaire and passing a background check.
Many aggravated UUW charges are situations where a person is carrying a gun in their car or on their person. A FOID card does not permit those types of carry; a concealed carry permit is required for this. Aggravated Unlawful Use of a Weapon generally is a Class IV felony, which carries a potential sentence of one to three years in prison. Some Aggravated Unlawful Use of Weapons charges cannot receive probation. Also in Illinois, felons are not allowed to possess guns or firearms. Possession of a firearm by a felon is a special Class III felony that has a sentencing range of two to 10 years, and probation is not available.
Most aggravated unlawful weapons charges involving a firearm are going to be Class IV felonies, which carry a sentence of one to three years. Some can receive probation; some cannot. Possession by a felon is a Class III felony, which has a mandatory sentence of two to 10 years.
Contact our weapons criminal defense lawyers for a free consultation
Illinois has some of the strictest gun laws in the nation. At The MacNeil Firm, we have a deep understanding of the laws and experience handling these types of criminal cases. Our weapons criminal defense lawyers will protect your constitutional rights and do everything we can to get you a favorable outcome for your case. Contact us today for a free consultation.