Tag Archives: weapons charges

St. Charles weapons charges defense attorney

Gun violence is a major concern for Illinois residents, especially those living in or around Chicago. In order to help prevent needless injuries and deaths from gun violence, Illinois has enacted several strict gun ownership policies. In order to legally own a firearm in Illinois, you must obtain a Firearm Ownership Identification (FOID) card. The Illinois State Police has the right to revoke your FOID card and therefore withdraw your legal authorization to possess a firearm for a number of reasons. If you are a gun owner, it is critical that you understand the laws pertaining to firearm possession to avoid criminal charges.    

FOID Eligibility

In order to receive a FOID card, gun owners must meet several criteria. Illinois residents are not eligible for a FOID card if they:

...
Continue reading

St. Charles gun charges defense attorney

Criminal charges related to theft, weapons violations, and possession of controlled substances are often the result of a police search of a vehicle or a home. However, if a police search was conducted, and the proper procedures were not followed, it is possible that any evidence discovered in the search will be inadmissible in court. According to the “exclusionary rule,” the government cannot use evidence against a criminal defendant that was acquired in violation of the Constitution. It is crucial for every person in Illinois to know what their rights are in regard to search and seizure of their property.

When Are Police Allowed to Search My Home?

You have a constitutional right to be free from unreasonable searches of your property. The Fourth Amendment to the Constitution states in part that the right of people to be protected from unreasonable searches and seizures will not be violated and that “no Warrants shall issue, but upon probable cause.” This means that law enforcement cannot search a person’s property without a good reason for doing so. Typically, a person’s residence cannot be legally searched by law enforcement unless the officers have a valid search warrant that was signed by a judge. However, there are several situations in which police can search your home even if they do not have a search warrant.

...
Continue reading

St. Charles gun charges defense attorney

Illinois is known for having some of the strictest gun laws in the country. In order to legally purchase a firearm in Illinois, you must obtain a Firearms Owner’s Identification (FOID) card. Only those individuals who meet certain criteria will be issued a FOID card. Being caught in possession of a gun without a valid FOID card can result in significant criminal penalties. If you have been charged with a firearm-related crime, it is essential that you contact an experienced criminal defense attorney who can explain your legal options.

Who Is Eligible for a FOID Card?

In order to obtain a FOID card and be permitted to possess a firearm in Illinois, you must meet certain criteria. You must be over 21 years old or have parental consent, have a valid driver’s license or state identification card, and not be an unlawful resident of the United States. A person cannot be issued a FOID card if he or she:

...
Continue reading

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:

...
Continue reading

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.

...
Continue reading

Archives