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However, in 2011, the laws changed and became quite harsh. Protect Your Probation with an Illinois Defense Attorney. The usual penalty for this crime is 6-30 years in prison. Regardless of whether you are charged with a misdemeanor, felony or aggravated unlawful use weapons offense, know that we can help you. You are intellectually disabled or developmentally disabled. A prohibited person includes: - A felon or anyone awaiting trial on felony charges. There are many other creative ways to fight UUW charges, and only a proven, effective Chicago gun crime defense attorney. Traffic/DUI Offenses. Any weapons covered by the National Firearms Act (NFA) must also be registered in accordance with federal law. The defendant has not participated in the First Time Weapon Offender Program. Most Chicago UUW charges concern firearms, and there are many ways to defend. When you have a top class Chicago weapons attorney working with you, your chances of a positive outcome will be much better. The gun possession and carrying laws of Illinois are both somewhat lenient compared to other states but also uniquely complex. They must receive approval from the ISP before the firearm can be transferred to the buyer.

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If you do not discharge it? Once a person is a convicted felon, he or she may not possess a weapon at any location, including their own home for protection. The strictness of the law is predicated on the number of crimes involving firearms in the state. With gray areas in the law and the introduction of Firearm Owners Identification (FOID) requirements, it is easy to see how many people could find themselves arrested and charged with a gun crime without ever knowing they were doing something wrong. That means you'll be returned behind bars, where you'll finish out your sentence term. While cases like these are truly difficult to defend due to the stringent nature of the laws involved, they are not impossible. Firearm crimes have some of the worst penalties in Illinois. Of weapons — some more common and others quite bizarre. The program is 18 to 24 months long, and participants are required to stay clean from drugs, obtain a GED or fulltime employment, and a minimum of 50 hours of community service. At Goldman and Associates, we understand that there are always two sides to a story. Why your Second Amendment rights may not be as effective in Illinois. It states, "No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act. You may also face serious criminal penalties if you are found to be in unlawful possession of a weapon with a previous felony conviction on your record. This is called the National Right-to-Carry Reciprocity Act of 2011, which allows individuals with valid state-issued concealed carry permits to carry a concealed firearm across state lines, as long as that state allows concealed ntact David L. Freidberg, P. C. David L. Freidberg understands that in law enforcement's fight against crime, they can become overzealous in their interpretation of what constitutes a valid weapons charge.

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Aggravated Discharge of a Firearm. This offense only applies if the gun is not in a case, it was unloaded but the ammo was closely accessible, and the offender did not have a valid concealed license. The waiting period between buying and actual possession of a gun is called the "cooling-off" period. Instead of letting your probation be taken, talk to the lawyers at Chicago Trusted Attorneys™. A first-time weapon possession offense is also considered a felony without a FOID and are no longer eligible to obtain one through legal channels. An equal number have found themselves serving time because they were told unlawful use of weapons cases are hard to defend. I offer this Illinois firearm guide as free legal education. The underlying offense is non-violent.

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Possession of a firearm during a gang-related activity. Personnel at the school, you may enlist this adequate defense to your. Daggers, dirks, billies (batons), dangerous knives, razors, stilettos. A criminal defense lawyer in Wheaton or DuPage County, Illinois may be able to question whether the prosecutor met his or her burden and may be able to assert a defense to the charge on your behalf. A person found guilty of Unlawful Use of a Weapon can be sentenced be sentenced up to 364 days in the county jail. Our skilled attorneys will sit down with you and listen to all the circumstances of your gun charges. You have been a patient in a mental institution or any part of a medical facility for the treatment of mental illness within the past 5 years. If you are found with a weapon on you, you may be charged with an Unlawful Use of Weapons offense.

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Public or private hospital or hospital affiliate, mental health facility, or nursing home. The below charts show the possible sentences given the different circumstances under the Illinois FOID Act: As the last line of the table suggests, you can be charged with a gun crime even if you have a FOID card. He said people from Chicago went across the border, filled up gym bags with illegal weapons from gun shows and sold them to gangs back in Chicago. While "armed with a firearm. To unlawful possession charges. Possess a switchblade knife. Gun Laws in Illinois. The crime is punishable by up to 1 year in jail. Drug users or addicts. Otherwise, the penalties for weapons charges in Illinois are: - Aggravated unlawful use of a weapon – Class 4 felony, one to four years in prison for a first offense. The basic sentence for unlawful possession of a weapon by a felon in Illinois is a Class 3 felony, which can include between 2 and 10 years in prison.

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Other serious offenses that involve firearms include: - Knowingly selling, giving or otherwise disposing of any firearm or ammunition to a prohibited person, the crime is punishable by up to 10 years in prison. Weapons charges in a particular case will vary according to the details of the event and whether anyone was injured or killed as a result of the alleged weapons violation(s). Community volunteer with the police. Even if police are searching your home for a different reason, finding. People v. RMC – Chicago police officers received information that a 2 kilo cocaine deal was going to happen in a garage.... Motion to Suppress Heroin Granted. Lack of ownership – Your lawyer may be able to argue that you did not own the firearm in question.

Of a forcible felony, firearm-related charge and/or drug charge, you could. Not be a convicted felon. These are aggravated circumstances. What is the Sentencing Range for Unlawful Use or Possession of a Weapon by a Felon? In other words, if there is evidence that a person fired a weapon in the direction of another person, it is not a stretch for the prosecution to allege that the shooter intended to kill his or her target. Not be prohibited under the FOID Act or federal law from possessing or receiving a firearm. If you have been charged with an unlawful use of weapons offense, you will need our experienced unlawful use of weapons lawyer in Chicago in your corner.

In Illinois and throughout the U. S., people have the constitutional right to bear arms. Call our offices today on 847. Unlawful possession of handguns by minors is classified as a class 4 felony, and is punishable by one to three years' imprisonment, a fine of up to $25, 000, or both. Unlawful possession of a weapon while on parole or under supervised release is also a Class 2 felony, and possession of a machine gun by a felon is a Class X felony, with a possible penalty of 30 or more years in prison.