Dupage County Lawyers

Conceal And Carry In Illinois

REAL PROBLEMS. REAL SOLUTIONS.

Illinois has some of the strictest gun laws in the country, and they are constantly evolving. If you have a valid Firearm Owner’s Identification (FOID) card, you are allowed to possess a gun, but that doesn’t mean you can carry it with you everywhere. To carry a weapon, you need a concealed carry permit (CCW), or if you are transporting the weapon for a valid purpose, it would have to be broken down or in a case where it is not functional.

Illinois takes gun violations seriously, and punishments can be severe. If you have been accused of carrying a concealed firearm without a permit or violating the terms of your concealed carry permit, you need the help of an attorney who is up to date on current laws.

The experienced Illinois gun violation attorneys at Wolfe & Stec, Ltd., know Illinois gun control laws, the judges, the courts and the system, and we can protect your rights by defending you against firearms offenses, including conceal and carry violations. We also represent people who have been wrongfully denied conceal carry permits. Clients in Woodridge and throughout the Chicagoland area turn to us for aggressive criminal defense representation.

We offer a free consultation, so contact us at 630-305-0222 or email us to discuss your individual firearms violation situation with a skilled attorney who understands your Second Amendment rights and Illinois gun laws.

What Illinois Law Says

llinois gun laws require residents to have a valid Firearm Owners Identification (FOID) card to legally possess a firearm or ammunition. To obtain a FOID card, you must submit an application to the state police department (website.) The Illinois State Police checks the FBI’s National Instant Criminal Background Check System (NICS), to determine whether the applicant has a criminal record, is addicted to controlled substances, is mentally impaired, or if there are other situations that would make the person ineligible to own a firearm. Once the FOID card is issued, the State Police checks the FBI system every 24 hours and revokes the card of anyone who has incurred a recent infraction.

Concealed carry (CCW) licenses are issued by the Illinois State Police to applicants who have passed a 16-hour training course and are at least 21 years old. Illinois gives law enforcement the right to object to the issuance of a CCW license if they think the applicant is a danger to public safety or themselves. A final decision is made by the Concealed Carry Licensing Review Board.

Illinois will not honor any other states’ concealed carry permits but will issue non-resident concealed carry licenses to residents of Arkansas, Mississippi, Texas, and Virginia. The list is being updated as more states are identified as having laws similar to those of Illinois.

To obtain a concealed carry license, you must meet the following minimum requirements:

  • Be at least 21 years old
  • Have a valid Firearm Owner’s Identification card (FOID)
  • Not have been convicted or found guilty of a misdemeanor involving the threat of physical force or violence within the past five years
  • Not have two or more violations related to driving while under the influence of alcohol, other drugs, or intoxicating compounds within the past five years
  • Not be subject to a pending arrest warrant, prosecution or proceeding for an offense or action that could lead to disqualification to own or possess a firearm
  • Not have been in a residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the past five years

Penalties

Even if you have a CCW license, there are restrictions on carrying firearms in Illinois; and without a license, punishments are severe.

Possession can be charged as a misdemeanor or felony, depending on the circumstances.

  • A first offense for knowingly carrying or possessing firearms is a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. A second offense becomes a Class 3 felony, with punishment of up to five years in prison.
  • If possession takes place somewhere licensed to sell liquor, it becomes a Class 4 penalty, punishable by up to three years in jail.
  • If the possession is of a machine gun, it can be a Class 2 felony with penalties of up to seven years in prison. If the machine gun is loaded, it becomes a Class X felony, with possibility of up to 30 years in prison.
  • If possession is of a sawed-off shotgun, it is a Class 3 felony; and if possession takes place while hooded, robed or masked, it is a Class 4 felony.

For Defense Against Concealed Carry Violations — Contact Wolfe & Stec, Ltd. For Help

The rules surrounding carrying a concealed gun, even with a permit, are changing and subject to interpretation. If you have been accused of illegally having any concealed weapon, or any other weapons offenses, the experienced Illinois gun crimes lawyers at Wolfe & Stec, Ltd. are here to defend you.  In addition, we can help if your application for a concealed carry permit was denied.

We understand how the state police, the Concealed Carry License Review Board (CCLRB) and other involved agencies operate. We know that many law-abiding citizens without a criminal record are being denied permits. We know how to move forward and help people take the steps to appeal these denials and obtain permits.  We are skilled trial lawyers who believe each case is unique, with its own set of circumstances. 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 concealed weapons charges, or call at 630-305-0222. We represent clients in DuPage County, Naperville, Aurora, Wheaton, Downers Grove and Bolingbrook, Illinois.

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