Chicago Criminal Defense Lawyer Andrew M. Weisberg – Charged for Bringing a Gun to Chicago Airport? Fight Back
Accidentally violating Illinois’ complex firearm laws is easier than you might think, particularly if you’re traveling through the state or carrying a concealed weapon legally in other areas. Unfortunately, a simple mistake can lead to serious legal consequences, especially when firearms are involved. If you’ve been charged with bringing a gun into a prohibited area like an airport, understanding the intricacies of Illinois law and the penalties you face is crucial. Chicago criminal defense attorney Andrew M. Weisberg has the experience and knowledge to help you navigate these challenging situations.
Understanding the Illinois Concealed Carry Act
The Illinois Concealed Carry Act (430 ILCS 66) allows individuals with a valid license to carry a concealed handgun in most public places. However, this law comes with strict limitations, and carrying a firearm in certain prohibited locations can lead to significant legal trouble. It’s important to note that the Act applies only to handguns—other firearms such as rifles, shotguns, or assault weapons are not covered and cannot be carried concealed.
Prohibited Locations Under the Illinois Concealed Carry Act
Even with a valid concealed carry permit, there are numerous locations in Illinois where carrying a firearm is strictly prohibited. Some of the key places include:
- Public and Private Schools: Including preschools, elementary schools, and secondary schools.
- Childcare Facilities: Any licensed childcare facility or daycare.
- Government Buildings: Including court buildings, federal government facilities, and municipal offices.
- Colleges and Universities: Public and private institutions of higher education.
- Hospitals and Residential Care Facilities: Medical and long-term care facilities.
- Public Transportation: Trains, buses, and other forms of public transportation.
- Parks and Playgrounds: Public parks, playgrounds, and athletic fields.
- Bars and Restaurants: Establishments where more than 50% of the revenue is derived from alcohol sales.
- Amusement Parks, Zoos, and Museums: Recreational and cultural facilities.
- Airports: Including any area beyond TSA security checkpoints and on commercial aircraft.
- Libraries and Stadia: Public libraries, stadiums, and other large public venues.
- Private Property with Posted Signs: Any private property that has clearly posted “No Firearms” signs.
These restrictions are enforced rigorously, and violating them can lead to severe penalties, even for first-time offenders.
Penalties for Violating the Illinois Concealed Carry Act
Violations of the Illinois Concealed Carry Act can result in criminal charges that vary in severity depending on the location and circumstances of the offense.
First Offense
For a first-time offense of carrying a concealed weapon in a prohibited area, you can be charged with a Class B misdemeanor. This charge carries potential penalties including:
- Up to 6 months in jail
- Fines up to $1,500 plus court costs
Second Offense
If you are caught a second time carrying a concealed weapon in a prohibited area, the charge is elevated to a Class A misdemeanor. Penalties for a second offense include:
- Up to 12 months in jail
- Fines up to $2,500 plus court costs
- Suspension of your concealed carry license for up to 6 months
Under the Influence
Carrying a concealed weapon while under the influence of drugs, alcohol, or any other intoxicating substance is a serious offense in Illinois. A first or second offense is classified as a Class A misdemeanor, while a third offense is considered a Class 4 felony. Penalties include:
- Class A Misdemeanor: Up to 12 months in jail and fines up to $2,500
- Class 4 Felony: 1-3 years in prison and fines up to $25,000
- Permanent revocation of your concealed carry license
What If You’re Not From Illinois?
Illinois does not have reciprocity with other states regarding concealed carry permits. This means that even if you have a valid concealed carry license from another state, it is not recognized in Illinois unless you obtain a specific non-resident license from Illinois. However, you can legally transport your firearms through the state if they remain in your vehicle, and you do not bring them into restricted areas such as airports or government buildings.
Specific Issues at Airports
Airports are one of the most common places where otherwise law-abiding citizens find themselves in legal trouble due to concealed carry violations. It is illegal to carry a firearm, even with a concealed carry license, beyond a TSA checkpoint or into any secured area of an airport. Violating these rules can lead to severe penalties, including criminal charges and hefty fines.
The Transportation Security Administration (TSA) regularly finds firearms during routine screenings at Chicago airports, leading to arrests and criminal charges for those who inadvertently bring their weapons into restricted areas.
Consequences of a Gun Conviction in Illinois
A conviction for violating the Illinois Concealed Carry Act can have long-lasting effects on your life, beyond the immediate penalties of fines or jail time. Some of the additional consequences include:
- Criminal Record: A conviction will result in a permanent criminal record, which can impact your employment opportunities, housing options, and ability to obtain professional licenses.
- Loss of Firearm Rights: Convictions related to firearm violations can lead to the suspension or revocation of your concealed carry license, and in some cases, the permanent loss of your right to own or possess firearms.
- Travel Restrictions: A conviction can affect your ability to travel, particularly when it comes to passing through airport security or crossing state lines with firearms.
- Social and Professional Stigma: Being convicted of a firearm violation can damage your reputation and relationships, leading to social and professional challenges.
How Andrew M. Weisberg Can Help
Andrew M. Weisberg has extensive experience defending clients charged with firearms violations under the Illinois Concealed Carry Act. As a former prosecutor, Mr. Weisberg has a deep understanding of how the state builds its cases against defendants and uses this knowledge to craft effective defense strategies.
Whether your case involves carrying a firearm in an airport or another prohibited location, Mr. Weisberg will thoroughly investigate the circumstances of your arrest, challenge any evidence obtained unlawfully, and work to reduce or dismiss the charges against you.
Contact Andrew M. Weisberg for a Free Consultation
If you have been arrested for a violation of the Illinois Concealed Carry Act, do not take chances with your future. The penalties for a conviction can be severe and lasting. Andrew M. Weisberg is here to provide the experienced and aggressive defense you need.
To reach Mr. Weisberg quickly and directly, call his cell phone 24/7 at (773) 908-9811, or fill out the Case Review form on our website. The consultation is free, and Mr. Weisberg will discuss your case, explain your legal options, and begin working on your defense strategy immediately. Protect your rights and your future by getting the legal help you need today.