Unlawful possession of a weapon in Chicago refers to the illegal carrying, owning, or controlling of a firearm or other prohibited weapon in violation of state or local laws. In a city with strict gun control measures, this offense is taken seriously to curb violence and ensure public safety. If you have been charged with unlawful possession, you should always call a dedicated criminal defense lawyer as soon as possible.

Unlawful possession can include scenarios such as carrying a firearm without a valid Firearms Owner’s Identification card, possessing a weapon in restricted areas like schools or government buildings, or having a weapon that has been modified illegally. If you’re facing a weapons charge, time is not on your side. Call a Chicago, IL criminal defense attorney at the Law Offices of Andrew Weisberg and take control of your case before the prosecution does.

Understanding Unlawful Possession of a Weapon in Chicago

Illinois law defines unlawful possession of a weapon under 720 ILCS 5/24-1, which outlines who can legally own and carry a firearm. To lawfully possess a firearm in Illinois, you must have a Firearm Owner’s Identification (FOID) card, and to carry a concealed weapon, you need a Concealed Carry License (CCL). Without these, possession of a firearm is illegal in most cases.

Unlawful possession charges can arise in several ways, including:

• Possessing a firearm without a valid FOID card – Even if the gun is legally owned, you must have a FOID card to keep it in your home or transport it.
• Carrying a concealed weapon without a CCL – Illinois requires a permit to carry a concealed firearm. If you are caught with a gun in public without this license, you could be charged.
• Possession by a prohibited person – Some individuals are banned from possessing firearms, even if they have a FOID card.
• Possession in a prohibited area – Certain locations, such as schools, government buildings, and public transportation, are considered gun-free zones. Carrying a weapon in these areas can result in charges.

Who is Prohibited from Possessing a Firearm in Chicago?

• Felons – Anyone convicted of a felony is prohibited from possessing a firearm.
• Individuals with domestic violence convictions – A misdemeanor domestic battery conviction can make you ineligible to own or carry a gun.
• People subject to an order of protection – If you have a restraining order against you, firearm possession is illegal.
• Individuals under the age of 21 without parental consent – In Illinois, you must be at least 21 to own a firearm unless a parent sponsors your FOID card.
• Those with mental health-related restrictions – If you have been involuntarily committed for mental health treatment or deemed a danger to yourself or others, you cannot legally possess a firearm.

Penalties for Unlawful Possession of a Weapon in Chicago

• Misdemeanor Charges: A first-time offense for carrying a firearm without a FOID card could be charged as a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine.
• Felony Charges: If you have prior convictions or are found in possession of a firearm in a restricted area, you could face a Class 3 or Class 2 felony, which carries a prison sentence ranging from 2 to 7 years.

Protect Your Future with a Chicago, IL Criminal Defense Attorney

Gun charges in Chicago carry serious penalties, but an arrest does not mean you are guilty. But just because you’ve been charged doesn’t mean you have to accept the harshest penalties. The Law Offices of Andrew Weisberg provides aggressive and strategic defense for those accused of weapon offenses.

Attorney Andrew Weisberg is a former prosecutor who knows how the system works—and how to fight back. Whether your case involves an illegal traffic stop, a misunderstanding about firearm laws, or an unlawful search and seizure, we will work to get your charges reduced or dismissed. Call (773) 908-9811 or contact us online today to discuss your case.

Facing charges of unlawful weapons possession in Chicago can have serious legal consequences, including fines, probation, and even imprisonment. Understanding the common scenarios that lead to such charges and the potential defense strategies available is essential for individuals navigating the criminal justice system. In this blog, we will delve into the intricacies of defending against unlawful weapons possession charges in Chicago, exploring common scenarios, legal defenses, and the importance of seeking representation from an experienced criminal defense lawyer.

Common Scenarios Leading to Unlawful Weapons Possession Charges:

In Chicago, unlawful weapons possession charges can arise in various situations, including:

• Carrying a Concealed Weapon Without a Permit: Illinois law requires individuals to obtain a concealed carry permit to carry a concealed firearm in public. Those found carrying a concealed weapon without a permit may face charges of unlawful possession of a concealed firearm.
• Possessing a Firearm as a Convicted Felon: Individuals with felony convictions are prohibited from possessing firearms under Illinois law. Possessing a firearm as a convicted felon constitutes unlawful possession of a weapon and can result in criminal charges.
• Possessing a Weapon in Prohibited Locations: Certain locations in Chicago, such as schools, government buildings, and public transportation facilities, have restrictions on the possession of weapons. Violating these restrictions can lead to charges of unlawful possession of a weapon in a prohibited location.

Defense Strategies for Unlawful Weapons Possession Charges:

When facing charges of unlawful weapons possession in Chicago, several defense strategies may be employed, including:

• Challenging Unlawful Search and Seizure: If law enforcement officers obtained evidence of weapons possession through an unlawful search or seizure, it may be possible to have the evidence suppressed. The Fourth Amendment protects individuals from unreasonable searches and seizures, and evidence obtained in violation of this right may be deemed inadmissible in court.
• Lack of Knowledge or Control: In some cases, individuals may be unaware of the presence of a weapon or lack control over the weapon’s possession. Establishing that the defendant did not knowingly possess the weapon or exercise control over it may be a viable defense strategy.
• Self-Defense: Individuals may argue that they possessed the weapon for self-defense purposes, especially in situations where they faced imminent danger or threats to their safety. Demonstrating that the weapon was carried for legitimate self-defense reasons may help mitigate charges of unlawful weapons possession.
• Invalidating Prior Convictions: In cases where individuals are charged with possessing a firearm as a convicted felon, challenging the validity of prior convictions or seeking to have them vacated may be a defense strategy. If successful, individuals may no longer be considered felons under the law and thus not subject to the prohibition on firearm possession.

The Importance of Legal Representation:

Navigating charges of unlawful weapons possession in Chicago can be complex and daunting, especially for individuals unfamiliar with the legal system. It is crucial for those facing such charges to seek legal representation from an experienced criminal defense lawyer who understands Illinois’ firearms laws and defense strategies. A skilled attorney can assess the facts of the case, develop a strategic defense plan, and advocate on behalf of the accused to protect their rights and achieve the best possible outcome. By enlisting the services of a competent lawyer, individuals facing charges of unlawful weapons possession can ensure that their interests are effectively represented and their legal rights are upheld throughout the legal process.

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.

In the realm of criminal law, navigating weapons charges can be a daunting task, especially in jurisdictions like Chicago, where firearm regulations are stringent. However, one avenue that defendants may explore is invoking the protections offered by the Second Amendment of the United States Constitution.

Understanding how the Second Amendment intersects with weapons charges and its interpretation within the legal framework of Chicago is crucial for building a robust defense strategy.

The Second Amendment: An Overview

The Second Amendment of the U.S. Constitution reads: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

This concise statement has been subject to various interpretations and debates over the years. At its core, it guarantees individuals the right to possess firearms, albeit within certain limitations.

Constitutional Arguments in Defense

When facing weapons charges in Chicago, defendants may employ several constitutional arguments rooted in the Second Amendment. One common argument is that the right to bear arms encompasses the right to possess firearms for self-defense and protection of one’s home and family. Advocates of this interpretation argue that restrictions on firearm ownership infringe upon this fundamental right.

Another constitutional argument involves challenging the constitutionality of specific firearm regulations or statutes. Defendants may argue that certain laws violate the Second Amendment by excessively burdening law-abiding citizens’ access to firearms without serving a compelling governmental interest.

Interpretation within the Chicago Legal Context

Despite the protections guaranteed by the Second Amendment, the legal landscape surrounding firearms in Chicago is complex. The city has implemented strict gun control measures aimed at reducing gun violence. Consequently, courts in Chicago often balance the individual’s Second Amendment rights with the government’s interest in promoting public safety.

In interpreting the Second Amendment within the Chicago legal context, courts may consider factors such as the type of firearm involved, the circumstances of its possession, and the individual’s intent. For instance, while the Second Amendment protects the right to possess firearms for self-defense, it does not necessarily extend to the possession of certain types of weapons or firearms by prohibited persons, such as convicted felons or individuals with a history of domestic violence.

The Importance of Legal Representation

Building a solid defense is paramount, given the complexities of navigating weapons charges. Defendants facing such charges in Chicago should seek the guidance of experienced criminal defense lawyers who are well-versed in firearms laws and constitutional principles. An attorney can assess the facts of the case, identify potential constitutional defenses, and advocate on behalf of the defendant in court.

Additionally, legal representation can help defendants navigate the intricacies of Chicago’s legal system, ensuring that their rights are protected throughout the legal process. From pre-trial negotiations to courtroom proceedings, a skilled attorney can provide invaluable assistance in crafting a defense strategy tailored to the unique circumstances of each case.

Second Amendment Defense Against IL Gun Charges

In the face of weapons charges in Chicago, invoking the protections afforded by the Second Amendment can be a crucial aspect of a defense strategy. Understanding the constitutional arguments available and their interpretation within the Chicago legal context is essential for mounting an effective defense.

However, navigating the complexities of firearms laws and court proceedings requires the expertise of an experienced criminal defense lawyer. By leveraging the Second Amendment and building a solid defense, defendants can strive to protect their rights and achieve a favorable outcome in their case.

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.

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.

What Illinois Gun Control Laws Regulate

To legally purchase or possess a firearm in Illinois, you must be at least 18 years old for a concealed weapon permit or at least 21 years old if convicted of a misdemeanor other than a traffic offense or certain delinquent crimes.

Illinois requires that individuals seeking to purchase or possess firearms and ammunition must obtain a 10-year license, called a Firearm Owner’s Identification Card.

Individuals must undergo extensive background checks and adhere to a 24-hour waiting period before purchasing a long gun, or a 72-hour waiting period before purchasing a handgun.

Those who are prohibited from purchasing, possessing, or using firearms include convicted felons, those who have been mental hospital patients in the past five years, those who are mentally retarded, individuals addicted to narcotics, or anyone confined in a penal institution.

The possession, use, and sale of certain weapons are restricted in Illinois, including silencers, armor-piercing bullets, and fully automatic machine guns. Other illegal items include short-barrel rifles and shotguns, Tasers, and stun guns.

The use of firearms in certain locations, such as schools, is heavily restricted in Illinois – as in most states. The possession of a firearm on or near school grounds is a Class 2 felony with penalties of up to seven years in prison for a conviction.

Penalties for Unlawful Use of Weapons in Illinois

According to the Illinois statutes, an individual can face penalties for unlawful use of a weapon under the following circumstances:

• Unlawful possession under the restricted ages
• No valid Firearm Owner’s Identification Card
• Readily available loaded weapon in your vehicle
• Readily available unloaded weapon with ammunition in your vehicle
• Possession of weapon during misdemeanor drug offenses
• Possession of weapon during violent crimes, such as domestic violence
• Possession of weapon while subject to a protective order
• Possession of weapon along with gang-related activity

Even if you have a valid identification card, you cannot have a readily accessible weapon in your vehicle. It must be enclosed in a lockbox for transportation and left in a not-easily-accessible location, such as a trunk or glove compartment.

If you face unlawful use of a weapon charges, you will most likely face a felony charge. Felony charges come with prison sentences and high fines.

A Class 4 felony charge applies to weapons possession while masked, hooded, or robed, or in an establishment that sells alcohol.

A Class 3 felony charge applies to weapons possession in a school district or certain public places, or possession of a sawed-off shotgun, explosive device, or silencer.

A Class 2 felony charge applies to knowingly carrying or possessing a machine gun. If the machine gun is loaded, a Class X felony charge applies.

Legal Assistance for Weapons Charges in Illinois

If you are facing weapons charges, you need the help of an experienced Illinois criminal defense attorney. Penalties for unlawful use of a weapon are harsh, and a skilled lawyer will know which defense strategies are best to use in your specific situation.

Call today for a free case review. If we decide to work together, we will work hard to protect your freedoms and push to get your charges reduced or 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.

While New York witnessed 16 shootings and Baltimore reported 32 separate gun violence incidents, “the most shocking Memorial Day gun violence was recorded in Chicago,” according to reporters from America Magazine. This past Memorial Day weekend was the worst for gun violence in Chicago in over 10 years, with 12 killed and 44 wounded, including a four-year-old child. The majority of the shootings were concentrated in several neighborhoods in Southside Chicago.

In response to the series of tragic events, Mayor Rahm Emanuel held an impromptu press conference to urge Chicago law enforcement officials and communities to join forces to end gun violence. “If we’re gonna see the type of safety and security we want to see, I can’t implore enough that we deal with both tighter restrictions on access to guns and stiffer penalties for those who use guns,” said the Mayor.

Some advocates are calling for higher regulatory control of gun dealers, and laws that would make gun trafficking a federal crime.

Chicago Gun and Weapon Laws Today

Chicago already has some of the highest restrictions on guns and weapon ownership in the country, and some of the toughest penalties for violating these restrictions.

Below, we’ve listed some of the most common Illinois guns and weapon crimes, along with their potential penalties.

Unlawful possession of a firearm. In order to lawfully possess a gun or other type of ammunition, you must have a valid Firearm Owners Identification (FOID). If you are found in possession of a weapon without an FOID card, you may be charged with violation of legal gun possession, or unlawful possession of a firearm. Penalties for this type of crime may include a fine of up to $2,500, up to one year in jail, or both.

Possession of a firearm within 1000 feet of a school, public housing project, public park, or courthouse. Even with a FOID, possession of a firearm is legal only in a few situations, such as in your home or business, or if the firearm is cased, unloaded, and not immediately accessible. If you are found in possession of a firearm in an unlawful area, you can face serious charges even if you do have a valid FOID. Charges become more serious if you are found in possession of a firearm within 1000 feet of a school, public housing project, park, or courthouse. This type of possession violation is often classified as a class 4 felony, and punishable by up to three years in prison and up to $25,000 in fines.

Possession of a firearm in an establishment that sells alcohol. Likewise, it is also class 4 felony to possess a firearm in an establishment that sells alcohol, and punishable by similar penalties.

Possession of a firearm while hooded, robed, or masked. You may also face class 4 felony charges if you are found carrying a weapon on your person or in your vehicle if you are wearing a hood, robe, or mask, or hiding your identity in some way. This type of crime is also punishable by up to three years in prison and $25,000 in fines.

These are only a few examples of the many different ways you could be charged with a gun or weapons crime in Illinois. As law enforcement officials in Chicago and surrounding areas work to crack down on gun violence, courts are handing out tough sentences to people found in violation of weapon laws.

If you are facing a gun or weapons crime charge in Illinois, get in touch with a top Chicago weapons crimes attorney. Your attorney can help you understand the charges you are facing, and work with you to build a powerful defense. With the help of an attorney, you can defend your right to bear arms, while protecting your freedom, finances, and future.

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.