Possession of a Stolen Firearm Lawyer Chicago, Illinois

Possession of a Stolen Firearm Lawyer in Chicago Serving All of Cook County, Illinois

Possession of a stolen firearm charges in Chicago and throughout Cook County aren’t something you should take lightly. Illinois prosecutors aggressively pursue convictions in firearm-related convictions, and if you’re found guilty, you could be facing consequences that can affect you for the rest of your life.

At Combs Waterkotte, we understand that these cases have two sides. In some instances, individuals are unaware that the firearm in question was stolen. In others, law enforcement may have obtained evidence through an illegal search or seizure. Whatever the circumstances, we begin every case with a thorough review of the facts to determine how the firearm was discovered, how police collected evidence, and whether or not the prosecution can prove their theory of events.

Our team of criminal defense attorneys, law clerks, and paralegals works together to identify weaknesses in the prosecution’s case and pursue every available defense strategy. From the beginning, we’ll seek opportunities to have your charges reduced or dismissed through negotiations. But if we can’t reach a favorable resolution, we’re fully prepared to fight for you in court.

If you’re facing a possession of a stolen firearm charge in Chicago or anywhere in Cook County, do not wait to get legal help. Contact Combs Waterkotte online or reach out to us at (314) 900-HELP today for a free, confidential consultation. The sooner you act, the more opportunities your defense team may have to protect your future and fight for the best outcome possible.

What Is Possession of a Stolen Firearm in Chicago, Illinois?

Under Illinois law, there are two crimes associated with stolen firearms: possession of a stolen firearm, and aggravated possession of a stolen firearm.

Understanding possession of a stolen firearm is simple. This charge applies when:

• You are not entitled to the firearm in question
• You possess the firearm in question knowing that it was stolen

The statute, 720 ILCS 5/24-3.8, also mentions that if the serial number on the firearm has been filed off and removed, the prosecution can automatically assume that you knew the gun to be stolen (whether you actually did or not).

Aggravated possession of a stolen firearm is much more strict. This law applies when there are multiple firearms involved. It’s written in such a way that intentionally targets gunrunners and other individuals who sell firearms unlawfully.

Penalties for Possession of a Stolen Firearm in Chicago, Illinois

The state of Illinois has notoriously strict gun laws, and possessing a stolen firearm is no exception. Having a stolen firearm is always charged as a high-level felony offense, the penalties for which can result in several years in prison.

Possession of just 1 stolen firearm is a Class 2 felony. A conviction for a Class 2 felony charge in the state of Illinois can result in a prison sentence between 3 and 7 years (or 7 to 14 years for an extended term sentence) and a possible fine up to $25,000.

Aggravated possession of a firearm is even more serious. The statute calls for felony-level sentencing based on the number of stolen guns an individual possesses over a specific course of time. According to the statute:

• Possession of 2 to 5 stolen firearms over a 1-year period is a Class 1 felony
• Possession of 6 to 10 stolen firearms over a 2-year period is a Class X felony with a prison sentence up to 30 years
• Possession of 11 to 20 stolen firearms over a 3-year period is a Class X felony with a prison sentence up to 40 years
• Possession of 21 to 30 stolen firearms over a 4-year period is a Class X felony with a prison sentence up to 50 years
• Possession 30 or more stolen firearms over a 5-year period is a Class X felony with a prison sentence up to 60 years

A felony conviction can result in barriers to employment, trouble finding housing, and the permanent loss of your right to own a firearm legally in the state of Illinois.

What to Do If You’re Arrested for Possession of a Stolen Firearm in Chicago

Given the serious penalties involved, an arrest for possession of a stolen firearm in the Chicago area is a high-stress situation. That does not mean you are without recourse, though. The expert criminal defense lawyers at Combs Waterkotte recommend the following steps for anyone accused of having a stolen firearm in Chicago:

• Exercise your right to remain silent — Do not answer questions about where the gun came form, who owned it, or whether or not you knew it was stolen. Police can use casual comments to argue knowledge, possession, or intent. Speak only to request a lawyer.
• Ask for a lawyer — Request an attorney immediately, especially before answering firearm-related questions. These cases often depend on knowledge, control, and search issues. A defense lawyer can protect you before police pressure you into saying something that can hurt your case.
• Do not consent to searches — Don’t agree to searches of your car, home, phone, or social media accounts. Make police get a warrant. If law enforcement searches you without your consent, your attorney can challenge it later.
• Do not explain the gun — Avoid trying to talk your way out of the arrest. Even innocent explanations can be twisted into proof that you knowingly possessed a stolen firearm.
• Share ownership evidence with your lawyer — Tell your attorney about anyone who can explain where the gun came from, who actually owned it, or how it ended up with you. Receipts and witness statements can help challenge the prosecution.
• Preserve digital evidence — Save any text, calls, social media messages, pictures, or videos connected to the gun. These can help show you did not know the gun was stolen, that you did not possess it, or that you were only near it briefly.

Criminal Defense Strategies Against Possession of a Stolen Firearm Charges in Chicago

Despite the serious nature of the charges, a good defense lawyer can still greatly help your possession of a stolen firearm case. At Combs Waterkotte, we employ the following criminal defense strategies to help get these charges reduced or even dismissed.

Lack of Knowledge That the Firearm Was Stolen

Chicago and Cook County prosecutors have to prove that a defendant knew a firearm was stolen. Simply unknowingly possessing a firearm that turns out to be stolen is not enough for a conviction. Your defense lawyer can argue that you had no reason to suspect the gun was stolen, especially if you acquired it through a friend, family member, private sale, inheritance, or another seemingly legitimate source.

Challenging Actual or Constructive Possession

Prosecutors must prove that you actually possessed the firearm. In many of these cases, a gun is found in a vehicle, residence, or a space shared by multiple people. A defense lawyer may be able to argue that the firearm belonged to someone else or that you lacked control over the location where it was found. Mere proximity to a stolen firearm does not automatically establish possession.

Fourth Amendment Violations

Evidence police obtain through an unlawful search or seizure can be excluded from trial under the Fourth Amendment. Defense lawyers can challenge vehicle searches, home searches, traffic stops, or warrant executions that led police to find the firearm. If the police violated your constitutional rights during their investigation, the court may suppress any resulting evidence.

Miranda Rights and Improper Police Questioning

In stolen gun cases, police often rely on statements made during an arrest to establish knowledge that the gun was stolen. If police question a defendant without properly advising them of their Miranda rights, a defense lawyer can seek to suppress any statements made under the Fifth Amendment. Excluding admissions or incriminating statements can make it much more difficult for the prosecution to prove their case.

Challenging Evidence That the Firearm Was Actually Stolen

Prosecutors must establish that the gun was actually stolen in order for their charge to stick. A defense attorney may scrutinize ownership records, theft reports, serial number information, and law enforcement databases for inaccuracies. If the prosecution can’t prove the gun was stolen beyond a reasonable doubt, the possession charge may fail.

Claim of Right or Good-Faith Ownership Belief

In some situations involving an allegedly stolen weapon, a defendant may have genuinely believed they had a lawful right to possess the firearm. For example, if the gun is inherited, gifted, purchased, or transferred under circumstances that appeared legitimate, a defendant may not believe they did anything wrong. A lawyer can argue that this good-faith belief undermines the prosecution’s claim of knowing possession of a stolen firearm.

Coercion or Duress

In some instances, a defendant may assert that they possessed a firearm only because another person threatened them with harm. Under limited circumstances, evidence of coercion or duress can help to explain why a defendant had possession of a stolen firearm. This defense focuses on whether the defendant had a realistic opportunity to avoid having possession of the gun without exposing themselves to serious danger.