What is an Unlawful Use of a Weapon Charge in Chicago?
These cases can sometimes arise when someone doesn’t have a valid Firearm Owner’s Identification (FOID) card or a Concealed Carry License (CCL).
You can be charged with this crime if you:
- Possessed a weapon in a prohibited place
- Improperly transported a weapon by vehicle
- Carried while under 21 years old
- Carried while committing another crime
While these cases are often misdemeanors, they can be elevated to felony offenses if certain aggravated factors were present such as if the weapon was found during another crime, you are a felon, or if the weapon in question was a machine gun or shotgun with a short barrel.
If you have been arrested for the unlawful use of a weapon in Chicago, you can rest assured that we know how to handle these cases. Speak to our Chicago unlawful use of a weapon lawyer today at (314) 900-HELP.
Illinois’ Specific Firearm Laws
In Illinois, you can face an unlawful use of a weapon charge if you violate Illinois’ strict laws.
These laws include:
- FOID Card Requirements: You must carry a Firearm Owner’s Identification (FOID) card to possess firearms or ammunition.
- Assault Weapons Ban: Semi-automatic assault weapons are banned.
- Magazine Capacity Limits: You must follow restricted magazine capacities, which include 10 rounds for long guns and 15 for handguns.
- Concealed Carry License: A Concealed Carry License (CCL) is required for public carry.
- Safe Storage: You must store your firearms safely.
- Background Checks and Waiting Periods: You have to pass a background check to purchase a gun, with a mandatory 72-hour waiting period imposed on the purchase of all firearms.
- Prohibited Locations: Concealed carry isn’t allowed at certain places such as schools, government buildings or places that serve alcohol.
Additionally, due to the Firearms Restraining Order Act, an individual that is deemed a danger to themselves or others can have their firearms temporarily removed.
How You Can be Charged with Unlawful Use of a Weapon in Chicago
You could be charged with the unlawful use of a weapon in Chicago if you carried a loaded gun in a vehicle, possessed a weapon at a school or government building or if you had no licensing or an expired license while carrying a firearm.
You could also be charged with this crime if you carried an illegal weapon, which can include:
- Daggers
- Stun guns
- Tasers
- Billy clubs
- Sawed-off shotguns
Additionally, you could be charged with this offense if you recklessly or unlawfully discharged a firearm or if you carried a weapon while under 21, while engaged in carrying out a misdemeanor drug offense or if you have a prior conviction.
What Happens After a Chicago Weapons Arrest
If you have been arrested for unlawfully using a weapon in Chicago, we are prepared to walk you through each step of the criminal case process.
Following an arrest, you can expect the following to take place:
- A bond hearing: This is where the judge decides if bail is required and he sets the conditions for your release.
- Preliminary hearing: This is where they determine that probable cause exists and whether the charges assigned to you are a misdemeanor or felony offense.
- Pre-trial motions: During this time, we will review evidence, such as police reports, bodycam footage and forensic reports, and can file motions to suppress if you were unconstitutionally searched or stopped.
- Trial or plea negotiations: Either a plea deal will be negotiated between the prosecution and the defense or the case will move to trial. If your case goes to trial, we may be able to apply certain defenses such as self-defense or proving legal ownership and possession.
- Sentencing: The sentence you face can depend upon the location where the alleged offense took place, whether you were carrying any lawful permits and your prior criminal history.
- Appeals: After a conviction has taken place, you will have 30 days to appeal the decision to a higher court.
Constitutional Rights Defenses in Chicago Unlawful Use of a Weapon Cases
Depending on the circumstances surrounding your case, the following defenses might apply to you:
- Second Amendment: Under the Second Amendment, you have the right to keep and bear arms. This allows you to possess a functional firearm for self-defense within your own home and on your land.
- Fourth Amendment: We can file a motion to suppress evidence, if the police conducted an unlawful traffic stop or search of your home or vehicle.
- Fifth / Fourteenth Amendment: If the gun isn’t found on you directly, we can challenge the possession element by arguing that the prosecution can’t prove that you knew of the weapon’s presence.
If there was misconduct on the part of the police or if Illinois gun laws were not applied correctly to your case, we may be able to obtain a charge dismissal or reduction. Additionally, we may also be able to show that your firearm malfunctioned.
How a Chicago Conviction for the Unlawful Use of a Weapon can Affect Your Future
If you have been charged with this offense, you could be facing one of the following:
- A misdemeanor
- A felony–which can range from:
- A Class 4 felony: These usually apply in the case of a first-time aggravated unlawful use of a weapon offense.
- A Class 2 felony: This can occur if you are convicted of carrying a firearm without a valid FOID card or in certain prohibited locations, such as a park, school or government facility.
- A Class 3 felony: Like a Class 2 felony, you can be charged with a Class 3 felony if you are convicted of carrying a firearm without a valid FOID card or in certain prohibited locations, such as a park, school or government facility.
- A Class X felony: If a firearm was discharged in a way that put someone’s life at risk or if you possessed a weapon as a felon or while falling under the category of Armed Habitual Criminal.
Additionally, this type of a charge comes with a variety of penalties that can include:
- 1-3 years in prison for a Class 4 felony, 2-14 years in prison for a Class 3 or 2 felony, 6-30 years for a Class X felony
- High fines
- Weapons forfeiture
- Possible vehicle impoundment
- The potential for probation
- The potential for mandatory gun safety courses
- A criminal record that will affect your future employment, housing, etc.
If you are deemed a first time weapon offender, you may be eligible for a diversionary sentence rather than a conviction.
Common Mistakes to Avoid After a Chicago Weapons Charge
Following a Chicago unlawful use of a weapon arrest, it is important that you refrain from these common mistakes:
- Talking to police without a lawyer present
- Waiting to retain a criminal defense lawyer until it’s too late
- Posting on social media about your arrest
- Discussing your case with others
- Tampering with evidence
- Missing important court dates
- Assuming having a valid FOID or CCL card means you’re safe
When you reach out to a proven Chicago unlawful use of a weapon lawyer, you can have peace of mind that early intervention frequently leads to cases being dismissed or reduced.
