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GUN CHARGES IN ILLINOIS

Posted on by fimbiantilaw

To purchase and possess a gun in Illinois, you must have a handgun license, also known as a Firearm Owner’s Identification card.  Many people may miss the importance of this FOID card and fail to obtain a license due to the difficulty of getting one.  However, this, and other unauthorized usage of a weapon, can cost you greatly.  If you have been brought up on gun charges in Illinois, it is important that you speak to an experienced attorney about your defense.

WHAT ARE THE VARIOUS GUN CHARGES?

It may be difficult to know how to avoid breaking certain laws if you do not know what they are; while it may be obvious that you should not possess a firearm without a FOID card, some other violations may not be so clear and therefore we will discuss them here.

  1. Unlawful Use of Weapons, 720 ILCS 5/Art. 24. If a person knowingly carries or possesses in any vehicle or concealed on or about his person, except when on his land or in his own abode, a pistol, revolver, stun-gun Taser or any other firearm, they are guilty of Unlawful Use of Weapons.  Multiple convictions may increase the penalty.
    1. There are also certain places and manners in which you cannot possess a firearm
      1. Within an establishment that sells alcohol;
      2. While hooded, robed or masked in a way that conceals your identity;
  • Within 1,000 feet of a school, public housing project, public park, or courthouse
  1. Possession of a switchblade, brass knuckles, bludgeon, sand shot, black jack, or throwing star.
  2. Possession with intent to use a dagger, dirk, dangerous knife, broken bottle or other piece of glass, billy, or razor stiletto.
  3. Possession of a tear gas gun projector or bomb or any other object that contains a noxious liquid gas or substance.
  4. Possession of a machine gun; the class of the felony does increase if the machine gun is loaded.
  5. Possession of a sawed-off shotgun.
  6. Possession of a bomb, grenade, molotov cocktail or any container with an explosive substance.
  7. Possession of a silencer.

PROPERLY OBTAINING A FOID CARD

For those who wish to purchase a gun, it is important that you follow the proper protocol to ensure that you legally possess one.  In order to obtain a FOID card, you are required to submit an application to the state police department.  To qualify for a FOID card you must be:

  1. A minimum of 21 years of age; 18 if you have written parental consent and a parent who is eligible for a FOID card of his/her own;
  2. A U.S. citizen or legal resident;
  3. Eligible to obtain and possess a firearm under the federal law.
  4. There are also some limitations that you should be aware of:
    1. You may not be a convicted felon;
    2. You must not have been a minor convicted of misdemeanors that would have been felonies if committed by an adult;
    3. You cannot have an addiction to certain controlled substances;
    4. You may not be mentally impaired or intellectually disabled
      1. If you have been adjudicated as mentally defective or committed to a mental hospital in the last five years, you will not eligible for a FOID card.
    5. You cannot have been convicted of certain domestic or violent crimes.

Sometimes, it may not seem worth it to do things the right way, even if that means doing things the hard way.  Unfortunately, failing to adhere to all the rules, especially when it comes to possessing a firearm, can mean enormous amounts of trouble for you, and possibly for your family if you are put in jail and thereby unable to be there for your family.  Because of the significant stakes involved, it is important that you find an attorney who is able to defend you well.  Eugene Fimbianti is more than familiar with the law, he’s familiar with law enforcement and the prosecution process.  This familiarity does not come as a result of any book Mr. Fimbianti has read, but as a result of Mr. Fimbianti’s past as a prosecutor and a police officer.  Choose an attorney who knows how to defend you because they know how you will be prosecuted; call The Law Offices of Eugene Fimbianti immediately.