What are Illinois’ Firearm Laws?
Some of Illinois’ key firearm laws include:
- Unlawful Possession of Weapons by Felons: Per § 720 ILCS 5/24-1.1, it is illegal for any person convicted of a felony in Illinois, or elsewhere, to possess, inside of their home or otherwise, any firearm or firearm ammunition.
- Aggravated Unlawful Use of a Weapon: Per § 720 ILCS 5/24-1.6, it is illegal to carry a firearm without a valid FOID or Concealed Carry License (CCL).
- Armed Habitual Criminal: Per § 720 ILCS 5/24-1.7, it is illegal to possess a firearm after two or more convictions for specific, serious offenses.
- FOID Card Requirement: Per § 430 ILCS 65/, it is illegal for anyone to possess a firearm or ammo without a valid Firearm Owner’s Identification card.
After you have been arrested for unlawful possession of a firearm in Chicago, we encourage you to promptly call our Chicago weapons offenses lawyers. We have more than 80 years of combined legal experience at Combs Waterkotte and are prepared to fight for you today. Call our office now at (314) 900-HELP.
What is a “Felon in Possession of a Firearm” in Chicago?
This charge means that you have a prior felony conviction and still knowingly carried a gun or ammunition, which is illegal under Illinois law. This charge can range from a Class 3 felony to a Class 2 felony, or even a Class X felony if the weapon is a machine gun or you are deemed an “armed habitual criminal.”
If you are convicted of this crime, you could face the following penalties:
- For a Class 3 Felony: 2-10 Years in Prison
- For a Class 2 Felony: 3-14 Years in Prison
- For a Class X Felony: 6-30 Years in Prison
Additionally, the possession in question is constructive possession– which means that you had knowledge of the weapon and the ability to control it, even if it wasn’t on your person. An example of this could be if a firearm is kept in your home, even though it is legally registered to someone else in your household, or if you are driving or riding in a car where a firearm is found.
How Do Gun Charges Arise in Chicago?
A gun charge can arise from a minor interaction before it turns into a serious investigation.
While gun charges can arise in a variety of ways in Chicago, common situations include:
- Traffic Stops
- Search Warrants
- Police Encounters
- FOID / Technical Violations
- Possession in a Shared Residence/Vehicle
Charges may be based not only on whether a firearm was found on you (actual possession), but on if law enforcement believe you had knowledge and access to a firearm (constructive possession).
Statements made to police during these encounters can affect how the state builds its case against you. If any of your rights were violated in an unlawful search or seizure, whether it be a vehicle search, home entry or pat-down, our legal team at Combs Waterkotte can file a motion to suppress. Because these cases can develop quickly, it is important that you take swift legal action to protect your rights and freedoms.
What is Actual vs. Constructive Possession in Chicago?
You can be charged with unlawful possession of a firearm in Chicago, whether your case involves actual or constructive possession.
The differences between these types of possession are:
- Actual: This is when you have direct, physical control over a firearm. Examples of this would include holding a gun in your hand, having it in your pocket or carrying it in your backpack.
- Constructive: This is when you don’t have physical possession of a firearm but you know of its presence and you have the ability to control it. Examples of this would include a gun found in your glove compartment, under a car seat or in a shared home.
Regardless of which type of possession you are being accused of, the penalties you are facing are the same. To retain aggressive legal defense in your corner throughout your unlawful possession case, don’t hesitate to contact Combs Waterkotte today.
Chicago Penalties for Unlawful Possession of a Firearm
The penalties you are facing in your Chicago unlawful possession of a firearm case depend upon various factors such as the type of weapon involved, your age and prior criminal history.
Charges can range from a misdemeanor to a serious felony offense:
- Class A Misdemeanor: This is the charge you are looking at if you allegedly possessed a firearm, other than a handgun. You are facing up to one year in jail and $2,500 in fines.
- Class 4 Felony: This is the charge you are looking at if you are under 21 and allegedly in possession of a handgun or if you allegedly possessed a handgun without a valid FOID card. This is also the charge you will face for aggravated unlawful use of a weapon. For a Class 4 felony, you are facing 1-3 years in prison and up to $25,000 in fines.
- Class 2 Felony: This is what you are facing for a second violation or if you are a previously convicted felon. For this offense you are facing a mandatory minimum of 3 years in prison, or if you are a felon, a mandatory minimum of 7 years.
- Class X Felony: If you are deemed an “armed habitual criminal,” then you are facing a Class X felony, with a mandatory sentence of 6-30 years in prison, without probation.
If you are a first-time weapon offender, however, you may qualify for the First-Time Weapon Offender Program and be able to avoid prison time. To best assess all of your legal options, we encourage you to speak with our Chicago unlawful possession of a firearm lawyers today.
Aggravating Factors That Increase Penalties in Chicago
If aggravating factors are involved in your case, then you are looking at the possibility of a heightened charge with elevated penalties.
Examples of aggravating factors include:
- Prior Criminal Record (whether you are a previously adjudicated delinquent minor or you have a prior conviction for a felony or violent misdemeanor)
- Firearm Status and Location (if a firearm was found in your vehicle or on your person while you are in public, if uncased, loaded or immediately accessible)
- Lack of Licensing (carrying a gun without a valid FOID or CCL)
- Protected Locations (this includes possessing a gun on school grounds, at a park, upon public transport and more)
- Illegal Possession (this involves engaging in other criminal activity while in possession of a firearm)
- Order of Protection (this involves being under an active order of protection or having one issued against you in the past 2 years)
- Underage Violations (this is if you are under 21 and found in possession of a handgun)
If any of these are involved in your unlawful possession of a firearm case, it is important that you immediately speak with one of our Chicago firearm defense lawyers today.
What to Expect After a Gun Arrest in Chicago
After you have been arrested for the unlawful possession of a firearm in Chicago, you can expect the following chain of events to take place:
Processing: Your arrest will be documented, including the completion of an arrest report, taking your mugshot and creating the case, reviewing it for probable cause.
Bond Hearing: This is when you are either released from the police station, with a future court date, or transferred to the Cook County Jail to await a bond hearing. At the bond hearing, a judge will decide if you are to remain in jail, while your case is pending, or if you can be released, while awaiting trial.
Charges: You are facing a Class A misdemeanor for an unlawful possession of a firearm or ammunition charge, but could be facing up to a Class 3 felony if this is a subsequent offense.
Your Rights: It is important that you invoke your right to remain silent and your right to an attorney.
Potential Consequences: If convicted, you may face mandatory prison time, heavy fines, community service, a permanent criminal record and potential loss of gun rights (if your charge was elevated to a felony offense).
