Tag Archives: weapons charges

Other Weapons Charges in IllinoisWhile more attention is given to gun law violations, serious penalties are also given to those who violate Illinois’ other weapons laws. These banned weapons include stun guns and throwing stars, among others. Additionally, it is illegal to possess certain types of weapons depending on the property that you are on or even what you are wearing. If you have been charged with a weapons violation, you may be facing up to 30 years in prison if convicted of a class X felony. Weapons charges vary greatly on a variety of factors, however, and the charges you faced could well be dropped to a lower level felony or even a misdemeanor.

Prohibited Weapons in Illinois

Pursuant to Illinois code 720 ILCS 5/24-1, it is unlawful to possess, carry, manufacture, or sell any of the following weapons in Illinois:

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Naperville criminal defense attorneys, regulation of firearm dealers, Illinois firearms dealersLast week, a bill aimed at increasing state regulation over Illinois firearms dealers was defeated by a vote in the State House of Representatives. Prior to the vote, the bill underwent six major amendments. After its defeat, sponsor Kathleen Willis quickly filed a seventh version, although the spring session ended before a vote could be held. Concerns over the law’s potential to elicit unfair weapons charges continues to spark debate among members of both parties.

House Bill 1016

Under current federal law, gun store owners are required to obtain a federal firearms license and a state Firearm Owners Identification card which are issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). If passed, House Bill 1016 would create an additional layer of regulation at the state level that would require store owners to obtain both state and federal licenses.

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b2ap3_thumbnail_Constructive-Possession-of-weapon.jpgThe charge of aggravated unlawful use of a weapon (AUUW) is a serious crime in Illinois and can carry harsh penalties. Constructive possession of a weapon exists when an offender does not have the weapon on his or her person, but does exercise control over it. The Illinois Appellate Court’s recent ruling in People v. Daniel Smith clarifies existing law on the type of evidence considered sufficient to constitute constructive possession.

The Case

In 2012, Greyhound bus driver discovered a bag containing a handgun that was left behind by a passenger. Intending to take the bag to his supervisor, the driver disembarked, carrying the bag. He was then approached by the defendant whom the driver recognized as a passenger who had been sitting near where the bag was found. The defendant proceeded to tell the driver that the bag was his. The driver asked him what was in the bag and he responded, “Nothing but a BB gun.” The driver refused to turn the bag over, and delivered it to his supervisor as planned. After law enforcement was contacted, the gun was identified as a semi-automatic handgun with a live round in the chamber. The defendant was arrested, charged, and convicted of six counts of aggravated unlawful use of a weapon.

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illinois-concealed-carryThe Firearm Concealed Carry Act was placed into law last summer. It is no longer enough to carry a Firearm Owner’s Identification (FOI) Card to carry or own a concealed weapon. A person must meet several requirements to be qualified for a license to carry a concealed firearm or they may be arrested for weapons charges. The applicant:

  • must be at least 21 years of age
  • must have a current, valid FOI Card when applying for the license
  • must not be prohibited under the Firearm Owners Identification Card Act from having or receiving a firearm
  • must not have any convictions or be found guilty of a misdemeanor involving the use of physical threat or force or violence in the five years prior to applying for the license
  • must not have more than one DUI violation within the five years leading up to applying for the license
  • must not have a pending arrest warrant or any legal action that would disqualify the applicant from carrying a firearm
  • must not have been or currently be in treatment for alcohol or drug abuse within five years of applying for the license
  • must complete approved firearms training

The application must be completed along with the requested documentation. Applicants are subject to an extensive background investigation. Those who have not lived in the State for more than 30 days who apply are considered non-resident applicants and must follow the required process. Cook County Child Safety Lock Ordinance Along with the Firearm Concealed Carry Act, Cook County commissioners passed an ordinance regarding the safety locks and storage of guns in homes. According to an article in the Chicago Tribune, all guns kept in a home must have a trigger lock, be stored unloaded in a container separate from ammunition or be secured by the legal owner in any environment where persons 21 years of age or younger are present. Violators are subject to fines and even jail time. If you are facing weapons charges, you should contact an experienced Naperville, Illinois criminal defense attorney immediately.

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