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Common Sentences for Felony Gun Possession in Chicago
To legally obtain a gun in the state of Illinois, there are a few requirements that prospective gun-owners must meet. One of the most important is to get a Firearm Owners Identification Card (FOID). Convicted felons are unable to secure one of these cards because felons have lost their opportunity to purchase and own guns for life.
While FOID cards are required to legally obtain a gun, they do not allow individuals to carry their weapons outside of their homes. It is a common misconception that the FOID card gives you the right to travel about with your weapon. This is not true. If you want that right, you must obtain a Chicago concealed carry permit.
If you were arrested and charged with a gun-related crime, know that you do not have to tell the police anything. You can calmly say that you will answer any questions they have with your lawyer present. Having a Chicago criminal defense attorney on your side is critical to protecting your legal and constitutional rights. Thomas C. Hallock is a Chicago criminal defense attorney who can develop a defense strategy to combat your charges.
Penalties for Chicago Firearm Convictions
When you are arrested for unlawful possession of a firearm, this is a felony. The fine you must pay is $25,000, and you will also be sentenced to jail. These are the different types of felonies you can face and their penalties:
- Class 3 Felony will happen when you are arrested for having a gun while outside of prison. This comes with two to 10 years in jail.
Class 2 Felony comes with three to 14 years in jail, and it occurs when a person who
is not in jail but is arrested for having a gun in the following situations:
- While on parole
- While on mandatory supervised release
- Is a felon and is committing a repeat offense
- Commits a forcible felony
- Violates the Firearm Owners Identification Card Act
- Commits stalking or aggravated stalking
- Commits a drug felony that is at least a class two or greater
- Class 1 Felony will come with a four to 15-year prison sentence if a person is found with a weapon while incarcerated.
Class X Felony can come with a prison sentence of 30 years in the following situations:
- The weapon is a machine gun
- Possession of a gun, ammunition, or explosives while incarcerated
- Jail sentence increases to 50 years if an inmate is found with a machine gun
- Wearing body armor with any of the felonies listed above can come with up to 40 years in prison.
Protect Yourself With a Chicago Criminal Defense Attorney
There are situations in which a person’s Second Amendment right to possess a firearm is unjustly violated. When you are facing major jail time and high fines as a result of a Chicago gun arrest, Thomas C. Hallock will fight on your behalf so that you see your full legal justice. Initial consultations are always free. Call Stephen C. Hallock today at (312) 487-2441 for local residents or toll-free at (888) 412-3741 to speak with an experienced Illinois criminal defense attorney.
What You Should Do
- Be respectful.
- Calmly record the interaction.
- Ask if you are free to leave. If you do not ask, the officer may think - and the judge may agree - that the interaction is consensual.
- If you are free to leave, go! If you are not free to leave, do not answer and questions before speaking with your attorney.
What You Should Not Do
- Do not physically resist arrest.
- Do not become aggressive or confrontational.
- Do not consent to a search. The Constitution does not apply if you consent.
- Do not answer questions without first speaking with your attorney. Police are allowed to hold you for 48 hours and they may lie to you the entire time.