Facing Gun Possession Charges? Jail Time and Fines Might Be in Your Future

 Posted on May 12, 2017 in Criminal Law

Illinois has a history of having strict gun possession laws. For example, Illinois was the last state in the country to allow for concealed weapon carrying, which you must have a permit to do.

If you are charged with a gun crime, you can expect that a court and jury will not take such allegations lightly. Retaining a defense attorney is the first step you can take to safeguard your constitutional rights as a defendant. 

Requirements for Gun Owners

In order to buy and possess a gun in Illinois, at the minimum you must have a Firearm Owner’s Identification (FOID) card. This card does not allow you to carry concealed. It is a prerequisite to obtaining a concealed weapons permit.

This means that if you have a FOID, and you are carrying a gun outside your home or business, the gun must be not immediately accessible, broken down, or unloaded and enclosed in a container. 

Restrictions on a Gun Possession

Illinois also bans guns in certain locations even if the possessor has a concealed weapons permit. These locations include:

• Schools and campuses;
• Child care facilities;
• State and local government buildings;
• Detention centers and prisons;
• Public parks and playgrounds;
• Hospitals, nursing homes, and mental health facilities;
• Public transit;
• Airports; and
• Stadiums, sport venues, and gaming establishments.

Penalties for Gun Possession Convictions

If you are convicted of a weapons charge, you could face one of several possible sentence ranges.

If you are possessing a gun without a FOID card and you are eligible for such a card, you would be guilty of a class A misdemeanor. Class A misdemeanors can come with a fine of up to $2,500 and can be punishable by up to a year in prison. 

After your first violation, the charges would be a class 4 felony, which carries a fine of up to $25,000 and a sentence between one and three years in prison.

If you possessed a weapon without a FOID card and you are not eligible for a card, you could be facing up to two years in prison and a fine up of up to $25,000. Some reasons why you may not be eligible for a card is if you are a felon, have domestic abuse convictions, or are under age 21 (or under age 18 in some cases).

Contact a Wheaton, IL Gun Charges Lawyer

The skilled DuPage County, IL gun possession charges attorneys at Davi Law Group, LLC will fight hard for you whether negotiating with a prosecutor or arguing before a judge.

Davi Law Group, LLC can be reached at 630-580-6373. We are able to meet clients at one of our offices that serve DuPage, Kane, Cook, Kendall, and Will counties.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39