Illinois does criminal possession of guns and firearms and other weapons under different circumstances. Here are those charges:
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Firearms Charges in Illinois: What You Need to Know
Illinois has some pretty strict laws when it comes to guns and weapons. There are a bunch of different charges you could face for illegally having or using firearms or other weapons. Here’s a quick rundown of some of the most common weapons charges in IL.
Unlawful Use of Weapons
One of the most common weapons charges is unlawful use of weapons (UUW). This covers a lot of different situations where you illegally possessed or used a weapon. There are a few different “classes” or levels of this charge:
- Class 4 Felony Unlawful Use of a Weapon – This is when you possess a firearm and you don’t have a valid Firearm Owner’s ID (FOID) card. Or if your FOID card has been revoked or suspended. This is a felony charge punishable by 1-3 years in prison.
- Class 3 Felony Unlawful Use of a Weapon – This charge happens if you possess a firearm or ammo after being convicted of a forcible felony. It also happens if you sell or give guns to someone who doesn’t have a valid FOID card. This is obviously more serious with punishment up to 2-5 years locked up.
- Class 2 Felony Unlawful Use of a Weapon – This is the most serious level of UUW charges in IL. It includes possessing a gun as a felon or possessing a machine gun. It can also happen if you fire a gun recklessly and endanger someone’s safety. We’re talking possible 3-7 years behind bars here.
As you can see, UUW charges cover a wide range of weapons violations. It all depends on your specific situation, criminal record, the type of weapon, and other circumstances around the alleged crime.
No Valid FOID Card
To legally possess firearms or ammo in Illinois, you need to have a valid FOID card. It’s basically like a driver’s license but for guns. If you don’t have one (or yours expired or got revoked), then you can face charges like:
- Class A Misdemeanor – Punishable by less than 1 year in jail. This is for simple possession without a FOID card.
- Class 4 Felony – Up to 3 years in prison. This is for actually using or firing a weapon without having a valid FOID card.
On top of criminal charges, you can also have the guns seized permanently if you don’t have the card. The penalties get even worse if you don’t have a FOID and you’re otherwise prohibited from having firearms, like if you’re a convicted felon.
Using Firearms in Crimes
If you use a gun while committing another crime, you’ll face even more charges in Illinois. For example:
- Armed Robbery – Robbery becomes armed robbery if you use a deadly weapon like a gun. This bumps it up from a Class 2 to a Class X felony.
- Aggravated Battery – Using a firearm during an assault or battery makes it way worse in the eyes of IL prosecutors.
- Aggravated Discharge of a Firearm – Intentionally firing a gun in the direction of another person is a Class 1 felony.
| Charge | Description | Potential Penalties |
|---|---|---|
| Unlawful Use of Weapons | Possessing firearms/ammo illegally | 1-7+ years prison |
| No Valid FOID Card | Owning guns without proper ID card | Less than 1 year to 3+ years prison |
| Armed Robbery | Using gun while robbing | Up to 30 years prison |
As you can see, using guns illegally or while doing other crimes makes the situation much more serious. You could be facing decades behind bars for some of these charges involving firearms.
Defending Firearms Charges in Illinois
If you’ve been accused of any kind of gun or weapons charges, it’s critical that you talk to an experienced IL criminal defense lawyer right away. An aggressive attorney may be able to get evidence thrown out or charges reduced or dismissed. They can also help minimize penalties if you go to trial and lose.
A good lawyer will look at all the specifics of your case to build the best defense strategy. For example, they may argue you actually did have a valid FOID card or that the weapon wasn’t actually yours. Or they may claim police violated your rights when searching you or seizing the weapon. There are lots of avenues to pursue for getting charges dropped or penalties lowered.
Why You Need an Attorney
Trying to navigate Illinois’ complex weapons laws on your own is super difficult. Prosecutors tend to be really aggressive in pursuing firearms charges, too. Having an experienced criminal defense lawyer in your corner to protect your rights and freedom is essential.
Don’t leave your fate to chance here – these criminal charges could follow you for life. And some of the potential prison sentences are no joke. Get in touch with a seasoned IL gun crimes attorney today to explore your options and start crafting a defense to beat the charges.
Resources
Here are some other useful links related to Illinois firearms laws and charges: