DuPage County Weapons Charges Attorney

Weapons offenses are almost always felonies, which means that if you are convicted you could be faced with jail time and a criminal record that will follow you and negatively impact the rest of your life.  Many weapons offenses, especially those related to the commission of another crime while in possession of a gun, carry mandatory prison terms.

If you have been charged with a weapons offense in Illinois, you need to have the help of a criminal defense attorney who knows and understands the system. There have been recent changes in the law concerning weapons offenses, so it is important for you to be represented by a lawyer who is familiar with these changes.

At Wolfe & Stec, Ltd., we make it a priority to stay up to date with changing laws and how they affect the criminal defense cases we handle. We use our knowledge to our clients’ benefit and work to get the best possible result. With office locations in Woodridge and Chicago, we represent clients throughout the entire Chicagoland area. Call our DuPage County weapons charge defense attorneys today at 630-305-0222 to schedule a free initial consultation.

Weapons Violations In Illinois

A weapons offense is taken very seriously; and with the possibility of a felony conviction on the line, you cannot risk being represented by an inexperienced lawyer. Our team handles a broad range of cases, including:

• Unlawful use of a weapon
• Conceal-and-carry issues
• Armed robbery
• Felony firearms offenses
• Weapons offenses involving military personnel.

Illinois Weapons Laws

Illinois law 720 ILCS 5/24-1 deals with unlawful use of weapons and states that a person commits the offense of unlawful use of weapons when the person knowingly:

1. Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, sling-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon throwing star, or switchblade knife, or ballistic knife; or
2. Carries or possesses with intent to use unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other similar dangerous or deadly weapon; or
3. Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, unless this is a non-lethal noxious substance designed solely for personal defense carried by a person 18 year of age or older; or
4. Carries or possesses in any vehicle or concealed on or about his person any firearms, except when on his own land, dwelling or business.

Aggravated Unlawful Use of Weapon Violations

Charges increase to felony aggravated unlawful use of a weapon (Agg UUW) (720 ILCS 5/24-1.6) if, (unless you are on your own land, residence or place of business):

1. the firearm was not in a case, loaded, and immediately accessible, or
2. the firearm was not in a case, unloaded, but the ammunition was immediately accessible; and
3. you did not possess an FOID card or a Conceal and Carry license.

What is a FOID card?

If you are a resident of Illinois and want to legally possess and/or transport a gun, you must have a valid Firearm Owner’s Identification Card (FOID) issued by the Illinois State Police to possess a gun. A FOID card allows you to transport your gun after a background check if:

1. it is in a non-functioning state; or
2. it is unloaded, in a case and you have a valid FOID card, or
3. you carry or possess the gun under the Firearm Concealed Carry Act. This allows you to carry a concealed firearm on your person or in your car if you have both a license to do so and have a FOID card.  However, public institutions and private businesses are allowed to forbid weapons on their premises.

You will not be eligible for a FOID card if you are:

• a convicted felon
• a minor convicted of certain misdemeanors, crimes that would be felonies if committed by an adult, or who has been adjudicated delinquent
• addicted to controlled substances
• “mentally impaired” or “intellectually disabled”
• have been committed to a mental hospital or adjudicated mentally defective within the last five years, or convicted of certain domestic or violent crimes.

Illinois does not recognize concealed carry licenses from other states.   Even if you are licensed to carry concealed weapons, you still are prohibited from doing so while under the influence of alcohol or drugs.

Punishments

Under 720 ILCS 5/24-1(b), some Unlawful Use of a Weapon (UUW) charges are misdemeanors punishable by up to one year in jail and a fine up to $2,500. However, most weapons or Unlawful Use of Weapon (UUW) charges are felonies and carry a sentence of up to three years in jail.  Probation may be possible depending on whether you have a past criminal history.  If you have a previous felony conviction, you can be charged with a Class 3 or greater felony, with a 2-year minimum jail sentence.

If crimes are committed with weapons, the situation is much more severe.  You may be charged with a Class 1 or Class X felony for aggravated firearm discharge, including discharging at or into an occupied building or vehicle or knowingly shooting at an official.

A Class 1 felony conviction brings 4 to 15 years in prison on top of up to $25,000 in fines and at least 2 years’ parole. For a Class X felony, there is no chance for getting probation.  Sentencing is usually anywhere from 6 to 30 years in prison, up to $25,000 in fines, and a minimum parole of 3 years.

Contact Wolfe & Stec, Ltd For Help With Weapons Violation Charges

If you have been accused of any weapons violations in Illinois, you need legal assistance.  Many weapons offenses, especially those related to the commission of another crime while in possession of a gun, carry mandatory prison terms. Charges such as armed violence, armed robbery, aggravated vehicular hijacking, and home invasion carry increased penalties if a firearm was used.

The Illinois criminal defense lawyers at Wolfe & Stec, Ltd. are skilled trial lawyers who believe each case is unique, with its own set of circumstances.  Often, there may be a violation of your constitutional rights by the police in searching and seizing your weapons.  We know the judges and the court system and will aggressively explore every avenue for your defense.

Don’t delay — contact us online for a free consultation today if you have been accused of any weapons charges, or call us at 630-305-0222. Our Illinois weapons violation lawyers represent clients in DuPage County, Naperville, Aurora, Wheaton, Downers Grove and Bolingbrook, Illinois.