Chicago Firearm Charges
Get Help from a Skilled Chicago Criminal Defense Lawyer
The 2nd Amendment to the U.S. Constitution states: "A well regulated
Militia, being necessary to the security of a free State, the right of
the people to keep and bear Arms, shall not be infringed."
The 2nd Amendment's application is expanding in Illinois; however,
gun owners, dealers, and collectors must still comply with state and federal
laws that regulate these weapons. Illinois' gun laws are listed under
720 ILCS 5/24-1 through 720 ILCS 5/24-3. For example, Illinois requires
prospective gun owners to complete a background check and wait at least
three days before purchasing a gun. Illinois also completely prohibits
some items, including fully-automatic machine guns, armor-piercing bullets,
If you or a loved one is charged with a firearms offense, call
Chicago Criminal Defense Attorney Thomas Hallock to discuss your legal options!
FOID: Firearm Owner's Identification Card
In Illinois, you need a FOID card to lawfully purchase and possess a firearm.
It is a Class A misdemeanor to possess a gun without a FOID card, assuming
you were eligible to obtain a FOID card. A subsequent arrest for this
crime becomes a Class 4 felony under 430 ILCS 65/14(b), assuming you still
are eligible for a FOID card.
However, it is a Class 3 felony to possess a firearm without a FOID card
if you were ineligible to obtain a FOID card at the time of your arrest.
A third or subsequent arrest for this crime becomes a Class 1 felony under
430 ILCS 65/14(c).
Unlawful Use of a Weapon Charges
You can be charged with unlawful use of a weapon (UUW) under 720 ILCS 5/24-1
even if you did not "use" the weapon in the normal sense of
the word. In Illinois, merely possessing the weapon is considered using
it. The crime of UUW applies to a variety of items, including knives,
batons, tasers, and brass knuckles. However, most charges for UUW involve
firearms and include the following:
Unlawful Use of a Weapon (UUW):
Possessing a prohibited weapon; or
Possessing a weapon in a prohibited place; or
Possessing a firearm or ammunition without a FOID card; or
Illegally transporting a firearm
Aggravated Unlawful Use of a Weapon (AUUW):
Unlawful Use of a Weapon by a Felon (UUW – by a Felon):
- Possessing a prohibited weapon after having been convicted of a felony
In Illinois, some violent crimes that are committed with a firearm automatically
result in an enhanced sentence. Where applicable, the following enhancements apply:
15 years is automatically added to the sentence if the crime was committed
while "armed with a firearm."
20 years is automatically added to the sentence if, during the commission
of the crime, the defendant "discharged a firearm."
25 years up to life is automatically added to the sentence if, during the
commission of the crime, the defendant "discharged a firearm that
proximately caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person."
Contact Thomas C. Hallock if you need a skilled and committed firearms defense attorney in Chicago.
Reach the firm at (888) 412-3741 for a