In recent years, the legal landscape surrounding concealed carry in Illinois, particularly in Chicago, has undergone significant changes. As the debate on gun rights and regulations continues, concealed carry legal battles have become a focal point for both lawmakers and citizens.

In this blog, we will delve into notable legal cases related to concealed carry in Chicago, extracting valuable lessons and insights that can serve as a guide for responsible gun owners. Moreover, we will emphasize the importance of building a robust defense with an experienced criminal defense lawyer.

Understanding Illinois Concealed Carry Laws

Before we delve into specific legal cases, it’s crucial to have a foundational understanding of Illinois’ concealed carry laws. The state has a complex set of regulations governing the issuance and carrying of concealed firearms, with stringent eligibility requirements and mandatory training for applicants. Despite these regulations, legal challenges have arisen, leading to several landmark cases that shed light on the intricacies of concealed carry laws.

People v. Aguilar (2013)

In this case, the defendant was charged with carrying a concealed weapon without a valid permit. The lesson here is clear: understanding the nuances of concealed carry laws is paramount. Even well-intentioned individuals may find themselves on the wrong side of the law if they are not fully aware of the requirements and limitations imposed by the state.

Lesson: Stay Informed and Compliant – Regularly update your knowledge of concealed carry laws to ensure you are in compliance with any changes or amendments.

People v. Webb (2015)

Webb’s case involved a self-defense claim, as he argued that he carried a concealed firearm to protect himself. The court, in this instance, emphasized the importance of a justifiable reason for carrying a concealed weapon. While self-defense is a valid argument, it must meet specific criteria to be considered legally sound.

Lesson: Establish a Strong Legal Basis – If you choose to carry a concealed weapon for self-defense, ensure that your reasons align with the legal standards set by the state.

Moore v. Madigan (2012)

This federal case challenged the constitutionality of Illinois’ concealed carry ban. The court’s ruling prompted the state to enact new legislation allowing concealed carry, highlighting the evolving nature of gun laws and the need for vigilance in understanding legal developments.

Lesson: Be Prepared for Legal Changes – Given the evolving nature of gun laws, gun owners must be prepared to adapt and stay informed about any amendments that may affect their rights and responsibilities.

Building a Strong Defense with an Experienced Criminal Defense Lawyer

In light of these lessons, it is evident that responsible gun ownership goes hand in hand with a deep understanding of the legal landscape. In the event of legal challenges, the importance of having a skilled criminal defense lawyer cannot be overstated. An experienced attorney can navigate the complexities of concealed carry laws, build a robust defense strategy, and ensure that your rights are protected throughout the legal process.

Legal Expertise

A criminal defense lawyer specializing in concealed carry cases brings invaluable legal expertise to the table. They understand the nuances of the law, enabling them to craft a defense tailored to the specific circumstances of your case.

Case Evaluation

Experienced lawyers can conduct a thorough evaluation of the evidence and circumstances surrounding your case. This allows them to identify potential weaknesses in the prosecution’s case and develop effective counterarguments.

Negotiation Skills

In some cases, negotiation skills can be crucial for achieving favorable outcomes. A skilled criminal defense lawyer can engage in plea negotiations or settlement discussions, striving to minimize the impact on your life.

Firearm Concealed Carry Act In Chicago, IL

As concealed carry legal battles continue to shape the legal landscape in Illinois, responsible gun owners must remain vigilant and well-informed. Lessons learned from notable cases underscore the importance of understanding the intricacies of concealed carry laws and the need for a strong defense when facing legal challenges.

By partnering with an experienced criminal defense lawyer, individuals can navigate the complexities of the legal system, ensuring their rights are protected and their voices heard in the ongoing discourse on gun rights and regulations.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Illinois has strict and often confusing laws surrounding the rights of private citizens to sell firearms in the state. If you are interested in selling firearms as a private citizen, it is essential that you fully understand what these rights and limitations are. Failure to understand these laws and properly comply with them can otherwise lead to the serious charge of firearms trafficking. We’ll discuss exactly what firearms trafficking is and what the penalties are for violating this law. Then we’ll break down exactly how the legal sale of firearms by private citizens can happen while also staying compliant with these laws.

What Is Firearms Trafficking in Illinois?

To legally possess a firearm or firearm ammunition in the state of Illinois, a person is required by law to have a Firearms Owners Identification Card (FOIC). These cards are issued by the Illinois State Police to qualified applicants. By the most simple definition, firearms trafficking in Illinois is the illegal sale or transfer of firearms from one party to another. According to the Illinois General Assembly, the exact definition for firearms trafficking is: “A person commits firearms trafficking when he or she has not been issued a currently valid Firearm Owner’s Identification Card and knowingly:

• brings, or causes to be brought, into this State, a firearm or firearm ammunition for the purpose of sale, delivery, or transfer to any other person or with the intent to sell, deliver or transfer the firearm or firearm ammunition to any other person

According to the law, there are a few exemptions that apply to certain people. They include:

• a person exempt under Section 2 of the Firearm Owners Identification Card Act from the requirement of having possession of a Firearm Owner’s Identification Card
• a common carrier
• a non-resident who may lawfully possess a firearm in his or her resident state

What Are the Penalties for Firearms Trafficking in Illinois?

Firearms trafficking is a serious offense in the state of Illinois. Violation of the law can lead to fines and imprisonment. The law is classified as a Class 1 felony with the penalty for the violation being a minimum of four years in prison and a maximum of 20 years, a fine not to exceed $25,000, or both. If a person is convicted of firearms trafficking multiple times the charge is elevated to a Class X felony. The penalty for violating a Class X felony is a minimum of six years in prison and a maximum of thirty years, a fine not to exceed $25,000, or both.

How Can Illinois’ Private Citizens Legally Sell a Firearm?

If you plan on selling guns as a private citizen, you must first make sure that the buyer meets certain requirements. All buyers in the state must be at least 18 years of age in order to purchase rifles, shotguns, or ammunition for these types of firearms. For handguns and handgun ammunition, all potential buyers must be at least 21 years of age or older. It is a requirement for a buyer to have a valid FOIC card. Before you are allowed to transfer the firearm to the buyer, you must first contact the Department of State Police with the FOIC card number to check if the sale or transfer is legal. If the Department of State Police approves the sale, they will issue you with an approval number. This number will be valid for a period of thirty days after it is issued. There are limitations other than age on who you can sell a firearm. Individuals restricted from owning a firearm include:

• Persons with mental impairment
• Those who have ever been a patient at a mental institution
• Individuals who are deemed to be intellectually or developmentally disabled
• Those who have used or been addicted to illicit substances within a year of applying
• People who are the subject of an existing Order of Protection
• Persons who have ever been convicted of domestic battery
• Parties who are unlawfully present in the United States
• Individuals that have failed a drug test within a year prior to the application for a medication they were not prescribed
• People in the United States of America on a non-immigrant class visa
• Anyone who has renounced their United States citizenship
• Former military who were dishonorably discharged from the U.S. Armed Services
• Any fugitive from justice

The sale of firearms to these individuals is strictly prohibited in Illinois. Failure to comply with these laws will result in charges of firearms trafficking. If this occurs it is important to understand your rights under the law and to speak with an attorney who understands these types of crimes.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Chicago is notorious for gun violence, and this summer has been no exception. In fact, six people were shot in a single day last week. One of the shootings was fatal.

In the fatal shooting, the victim was in an argument with the perpetrator, who pulled out his handgun and shot the victim in the head. The victim was taken to Christ Medical Center in Oak Lawn, where he was pronounced dead on arrival.

Other non-fatal shootings on the same day included a driveby (an exchange of gunfire between vehicles), and a man shot while sitting on his front porch.

So, what’s next for the perpetrators of these crimes, and what does this continuing gun violence-related crime trend mean for all Chicago gun owners?

For now, expect strict and potentially overzealous policing of any crimes that involve guns. We anticipate legislators to push for potentially tougher gun laws to be introduced — and enacted — in our near future.

Gun Violence-Related Crimes in Illinois

Violent crime involving guns are now being addressed with a heavy hand, both at the street level with local law enforcement and within the Illinois criminal justice system.

State law already outlines serious consequences associated with the conviction of gun violence-related crimes. Often offenders are punished by many years behind bars and hefty fines, and in the case of murder, the death penalty is even a consideration.

Most gun-related violent crimes fall under one of two categories: homicide or assault and battery with a deadly weapon.

Homicide

If someone is killed as a result of gun violence, the shooter and potentially other involved parties will be charged with some form of homicide. The level of offense is related to the defendant’s intent.

The charge of murder is reserved for homicides that are committed intentionally. In Illinois, there are two degrees of murder.

First-degree murder, which is punishable by death or life imprisonment, requires that homicide is committed intentionally and with premeditation.

Second-degree murder is charged when the defendant acted intentionally, but mitigating factors were present. Murder in the second degree carries a sentence of 4 to 20 years of imprisonment.

When a defendant causes the death of the victim unintentionally but without lawful justification, the charge is known as manslaughter. A convicted offender may face 2 to 7 years behind bars depending on the case.

Assault and Battery with a Deadly Weapon

The state of Illinois defines assault as any intentional conduct which reasonably places the victim in fear of impending violence. Words alone are not enough, but a threat made in a menacing manner, and conduct consistent with that threat, may be considered assault.

Contrastingly, in the offense of battery, the defendant must have made physical contact with the victim, which is insulting, provoking, or injurious.

When either offense is committed with a firearm (or something made to look like a firearm), the offender may be charged with assault or battery with a deadly weapon.

Penalties are dependent upon whether a firearm was discharged or bodily injury was sustained during the commission of the crime, but ranges from 12 months to 30 years jail time.

Illinois Gun Control Laws

Every Illinois gun owner is subject to both state and federal gun control laws. Generally speaking, federal laws cover what kinds of firearms can be legally possessed, while the state focuses more heavily on who can purchase or possess them.

Prohibited Firearms and Devices

That said, Illinois gun control laws do prohibit outright possession of certain firearms and devices to include the following:

• Fully automatic machine guns
• Rifles with a barrel less than 16 inches
• Shotguns with a barrel less than 18 inches
• Armor-piercing bullets
• Silencers

For all other firearms, you must simply adhere to a three-day (72-hour) waiting period prio to purchase.

Persons Prohibited from Gun Ownership

Illinois prohibits gun ownership among all persons under the age of 21 who have been convicted of a misdemeanor other than a traffic offense or that have been adjudged as delinquent.

Anyone with a narcotic addiction or that has been hospitalized in a mental facility within the past five years is not permitted to own or possess a gun, either.

Those who are confined to a penal institution or possess a felonious criminal record are also disallow

Remember the saying that it’s better to ask forgiveness than permission? When it comes to firearm possession, this does not apply!

Ignorance of the law is not a defense for Chicago gun crimes. As a gun owner, you’re considered responsible for being aware of and adhering to the law.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

The debate over drug crimes in America still invokes big emotions, and can bring progress to a standstill amongst lawmakers. You may have seen the news reports last month about Illinois lawmakers who failed to move a bill forward due to its attempt to shorten drug sentences.

Well, that bill has since been amended, and now it may move forward to the governor’s desk within the next few weeks.

What Exactly Does the Bill Propose?

SB1722 was originally introduced to the Senate in March, and while the bill did have some support, it ultimately stalled. The bill’s main focus revolved around increasing penalties for repeat weapons crime offenders. It includes the following proposals:

• “When a person is convicted of unlawful use or possession of a weapon by a felon, when the weapon is a firearm, and that person has been previously convicted of a qualifying predicate offense, the person shall be sentenced to a term of imprisonment within the sentencing range of not less than 7 years and not more than 14 years”
• “When a person is convicted of aggravated unlawful use of a weapon, when the weapon is a firearm, and that person has been previously convicted of a qualifying predicate offense, the person shall be sentenced to a term of imprisonment within the sentencing range of not less than 6 years and not more than 7 years”

In general, lawmakers didn’t seem to take issue with those changes. However, the parts of the bill that address drug crime sentencing caused some unease with lawmakers and in the governor’s office. It also became a main focus of reporters and constituents. Specifically, the original bill proposed the following:

• Reducing Class 1 felony possession charges to Class 2 or Class 3
• Expanding the eligibility for drug probation programs, as well as educational, vocational, and similar programs to help incarcerated individuals reduce their sentence
• Reducing period or allowing termination of mandatory supervised release for certain drug offenses
• Reducing “protected areas” that increase drug crime penalties

Not all of these reforms were popular with the Senate, so the bill was amended. The amendments include taking out reforms that would have lowered sentencing or classifications based on the charge. (Say goodbye to bullet point number one.)

These changes were apparently enough, as the bill recently passed in the Senate. After a two-week hiatus, it will head to the House. If it passes there, it will then make its way to the governor’s office.

If you have an opinion either way on SB1722, now is the time to give your local representative a call.

Replacing Drug Criminals with Violent Criminals in Prisons?

Unlawful possession of a weapon and drug possession are two separate charges that don’t always go hand in hand. So why are they addressed in the same bill?

The War on Drugs is still raging on. Prisons are overcrowded due to the lengthy sentences and high volume of people in jail for drug offenses. How high? Close to half of all prisoners are behind bars for drug crimes, compared to around 17% who are there for crimes that involve weapons or explosives.

While harsher sentences are imposed for people caught distributing, manufacturing, or trafficking drugs, possession charges are still serious. Repeat drug offenders are subject to sentence increases like any other kind of repeat offender.

With drug offenders taking up so much of our prison space, violent offenders are often given probation or a shorter prison sentence for the simple fact that there isn’t room for them. Not surprisingly, this concerns citizens, lawmakers, and law enforcement officers. In fact, SB1722 is supported and has been pushed by Chicago Police Superintendent Eddie Johnson.

It’s not just law enforcement officers who are looking to change the way drug crimes are sentenced in this country. When Barack Obama was in office, he started an important conversation about the impact of the War on Drugs on America’s prison population, and who should be the priority in criminal justice sentencing. During his term in office, he pardoned more people for nonviolent drug crimes than any other President in American history.

What Does the Future of Criminal Sentencing Look Like?

While the Obama administration and the changing laws of the past few years brought optimism to those who have been severely affected by the War on Drugs, it is hard to say what will happen under the new administration. Attorney General Jeff Sessions is notorious for his harsh views on drug crimes, and Donald Trump has made promises to be a “law and order” president, which is a common term used by supporters of the War on Drugs and its harsh sentences for drug crimes.

Keep an eye on SB1722. If you are afraid that you may be charged with weapons or drug crimes, the bill may have an impact on your future. Talk to a Chicago criminal lawyer to learn more about criminal sentencing and how you can fight to get your charges dropped.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Recent shootings throughout the United States have gotten lawmakers and American citizens into heated debates about the right to own firearms and how they can be carried, openly or concealed. You might feel like it is time to buy a gun, or, if you’re a current gun owner, to carry it with you more often. However, if you do not have the proper license or bring a firearm to specific, restricted buildings, you could get charged and face serious consequences.

As we hear news stories of different gun restrictions in different states, it is important to refresh our knowledge of gun possession right here at home. Having this information can keep you out of big trouble in a highly tense time.

Please note that this is information that pertains simply to being caught possessing a firearm. If you are caught unlawfully using a firearm, you will face more severe consequences and charges.

Getting Caught without a FOID Card

To purchase or possess a gun, you must have a valid Firearm Owner’s Identification Card (FOID.) The following requirements must be met in order to apply for your FOID:

• Must be over 21 years of age
• Must be a U.S. citizen or legal resident
• Must be eligible to purchase and possess a firearm under federal law
• Must not be a convicted felon
• Must not be addicted to certain controlled substances
• Must not be considered “mentally impaired” or “intellectually disabled” under Illinois state law

You must have your FOID card on you while you carry a weapon in Illinois. If you are caught possessing a weapon without a FOID card and you still qualify for the card, you will be charged with a class A misdemeanor.

If you are caught possessing a weapon without a FOID card and you do not qualify for the card, you will be charged with a class 3 felony.

Getting Caught Without a Concealed Carry Permit

Open carry is illegal in Illinois, but in 2013, we became the last state in the nation to allow concealed carry. You must undergo 16 hours of basic firearm training in order to carry a weapon concealed near or on your person, making ours one of the hardest states in which to obtain a concealed carry permit.

If you are caught carrying a firearm without your permit, you will face felony charges.

Getting Caught Where Concealed Carry Is Prohibited

While concealed carry is legal in Illinois, there are still areas in which firearms are not allowed under any circumstances.

• Educational facilities
• State and local government buildings (i.e. courthouses)
• Hospitals and mental health facilities
• Public transportation
• Bars
• Public gatherings and demonstrations
• Public playgrounds or parks
• Airports
• Libraries, amusement, parks, museums

If you are caught carrying a firearm in any of these places (and have your concealed carry permit on your person), you will be charged with a class B misdemeanor for your first offense. Second violations will be charged as a class A misdemeanor, and your permit may be suspended for up to six months.

Having a Firearm in Your Car

One of the most common places to get caught with a firearm is in your car. You may be transporting a firearm home from purchasing it, or heading out to go hunting. No matter where you are heading with your firearm, you must have it:

• Unloaded
• In a firearm carrying box that properly stores and encloses the weapon
• With a valid and present FOID card

Failing to meet any of these requirements will result in a Class 4 Felony.

If you face weapons charges, it is important to fight for your innocence and your future rights to possess a firearm. Contact an Illinois criminal defense lawyer today.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Chicago has found itself at center stage in the gun debate following recent mass shootings. Many claim that Chicago’s strict gun laws show gun control legislation doesn’t work, because Chicago has one of the highest rates of gun murders of any city.

But for some, Chicago’s “strict gun laws” aren’t strict enough. Many police have come forward to call for changing the law. According to the Chicago police department, tougher gun laws would have prevented 74 individuals from getting shot this year.

The Chicago police aren’t calling for tighter regulations on who can buy a gun, however. Nor are they arguing for restrictions on when or where a gun can be purchased, or what kind of gun you can buy.

Instead, they’re calling for harsher penalties for those convicted of gun crimes. According to the police department, 76 victims and 84 suspects in shooting cases were released from incarceration or on probation for previous gun-related offenses in the past year.

Harsher Penalties for Gun Possession

According to Anthony Guglielmi, a spokesman for the Chicago Police, the department is calling for a mandatory minimum prison sentence of 3 years for gun possession. “I think the data underscore why we need to create a culture of accountability for those who engage in gun violence,” Gugliemi told the Chicago Sun Times.

This year in Chicago, there have been over 2,000 shooting victims and over 370 homicides—roughly 20% more than in 2014 over the same period. The police department has seized over 5,500 firearms this year.

The police department is going to meet with the mayor and other community leaders on how best to address the growing gun crime rate. Guglielmi says the chief focus of the Chicago PD is getting harsher punishments for gun possession.

“We have not quite fleshed out an ideal bill, but the bare minimum is that gun possession should be treated as a violent crime,” Guglielmi said. Speaking for the police, he said longer sentences would do more to deter crime and offer “communities a chance to heal.”

Chicago’s Current Gun Laws

Currently, conviction for illegal possession of a gun in Illinois carries a minimum sentence of one year in prison, and a maximum of three years behind bars. If you are felon in possession of a gun, the punishment is enhanced to a two year minimum sentence with a 10 year maximum.

Possession of an illegal firearm becomes a much more serious crime in the state of Illinois in certain situations. For example, carrying gun in certain public areas, including public school and university campuses, courthouses, parks, city or school buses is punished more severely.

Possession of a firearm in a place that sells alcoholic beverages is a Class 4 felony. It’s also a Class 4 felony to possess a firearm while your face is obscured by a hood or mask. These types of felonies are punishable by three to six years in prison and a fine of up to $25,000.

The Sun Times released a report last year that the majority of people convicted for illegal possession are more often than not getting the minimum sentence of one year. Felons in possession get an average of four years of incarceration.

This may seem like a significant amount of time to spend behind bars, but it’s not enough for the Chicago PD. In the past, efforts were made in Springfield to impose stricter sentences on Illinois gun owners, but the momentum of that push soon fizzled out. In the current political climate, however, there may be more interest in passing legislation that imposes harsher sentences on gun criminals.

Police Superintendent Garry McCarthy has stated in multiple press conferences that the assertion that Chicago is tough on gun crime isn’t true. For several years, he has been publicly lamenting what he believes are short sentences for illegal gun possession. He often compares Chicago to New York—where the mandatory minimum sentence for illegal gun possession is 3.5 years.

Even anti-gun violence activists seem to disagree with him, though. Gunlawscorecard.org

rates Illinois a B+ based on the strength of their gun laws. Illinois is the only Midwestern state to get above a C by their metric, and every state in Southeast got an F. In other words, compared to many other states, Illinois gun laws are already relatively restrictive.

It remains to be seen whether the Chicago Police Department’s effort to impose harsher penalties on gun crimes will come to fruition. Even if it doesn’t, though, defendants in our state face some of the toughest gun laws in the country.

If you have been accused of a gun crime in Illinois, prosecutors will work tirelessly to put you behind bars. Your best course of action is to contact an experienced criminal defense attorney as soon as possible.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.