Weapons Charges/Gun Cases

Chicago Weapons Charges Defense Lawyer – Andrew M. Weisberg Can Protect Your Freedom

Gun and weapons charges in Chicago are among the most aggressively prosecuted criminal cases in Cook County. Illinois has some of the strictest firearm laws in the country, and a conviction for a weapons offense can result in mandatory prison sentences, permanent felony records, and the loss of firearm rights for life. Under the current Cook County State’s Attorney’s administration, prosecutors are seeking harsher penalties and prison time in many gun cases, even for individuals with little or no criminal history.

Weapons charges often come as a shock to otherwise law-abiding individuals. Many people arrested for gun offenses have never been in trouble before and did not realize they were violating Illinois law. Even technical violations — such as improper transportation of a firearm or possession of a weapon in a restricted location — can lead to criminal prosecution.

If you have been charged with a gun or weapons offense, the stakes are extremely high. Early legal representation can make the difference between a conviction and a dismissal — or between probation and prison.

Andrew M. Weisberg is a former Cook County prosecutor and experienced Chicago criminal defense attorney who understands how weapons cases are investigated and prosecuted. His knowledge of Illinois weapons laws and Cook County court practices allows him to develop effective defense strategies tailored to each client’s situation.

Tougher Enforcement of Gun Laws in Cook County

Weapons charges are now treated as priority cases in Cook County courts. Prosecutors are seeking more felony convictions and more prison sentences, particularly in cases involving loaded firearms, prior convictions, or weapons carried in public places.

In recent years, this tougher approach has resulted in:

• More felony filings instead of misdemeanors
• Increased pursuit of mandatory prison sentences
• Less flexibility in plea negotiations
• Reduced use of probation in gun cases
• Greater use of detention while cases are pending
• Stricter pretrial release conditions

Even first-time offenders may face aggressive prosecution. Cases that once might have resulted in probation or deferred prosecution now frequently involve a serious risk of incarceration.

This shift in policy makes experienced legal representation more important than ever.

Illinois Gun Laws Are Complex and Strict

Illinois firearm laws involve multiple overlapping statutes. Many people are arrested without realizing that their conduct violates the law.

Common issues include:

• Carrying a firearm without a valid FOID card
• Carrying a firearm without a concealed carry license
• Improper transportation of firearms
• Possession of firearms in restricted areas
• Possession of firearms by prohibited persons
• Possession of altered or untraceable firearms

Even technical violations can result in felony charges.

Illinois law requires strict compliance with transportation rules. A firearm generally must be unloaded and enclosed in a case unless the person has a valid concealed carry license. Many arrests occur because individuals misunderstand these transportation requirements.

Common Gun and Weapons Charges in Chicago

Weapons charges can arise in many different situations. Some of the most common include the following.

Aggravated Unlawful Possession of a Weapon (AUPW)

Aggravated unlawful possession of a weapon (formerly aggravated unlawful use of a weapon) is found under statute 720 ILCS 5/24-1.6. This is one of the most frequently charged gun offenses in Chicago. A person may be charged if they allegedly possess a firearm:

• Without a valid FOID card
• Without a concealed carry license
• While under age 21 in certain circumstances
• In public while the firearm is loaded and uncased

Penalties include:

• Class 4 felony – 1 to 3 years in prison
• Class 2 felony – 3 to 7 years in prison in enhanced cases

Cook County prosecutors frequently seek prison sentences in AUUW cases involving loaded firearms.

Unlawful Possession of a Weapon (UPW)

Unlawful Possession of a weapon (formerly unlawful use of a weapon) can be located under statute 720 ILCS 5/24-1. This offense can include possession of certain prohibited weapons or carrying firearms in restricted locations.

Examples include:

• Possessing a firearm in a prohibited location
• Carrying certain knives or other prohibited weapons
• Possessing brass knuckles or other illegal weapons

Penalties may include misdemeanor or felony charges depending on the circumstances.

Unlawful Possession of a Weapon by a Felon

Unlawful possession of a weapon by a felon can be found under statute 720 ILCS 5/24-1.1. A person with a prior felony conviction may not legally possess a firearm.

This offense is typically charged as:

• Class 3 felony
• Possible prison sentence of 2 to 10 years

These cases are often prosecuted very aggressively, and prison sentences are common.

Unlawful Possession of a Firearm by a Repeat Felony Offender

Unlawful possession of a firearm by a repeat offender is found at 720 ILCS 5/24-1.7 (formerly armed habitual criminal). This charge applies when a person with certain prior felony convictions possesses a firearm.

It is classified as:

• Class X felony
• 6 to 30 years in prison
• No probation available

Unlawful possession of a firearm by a repeat felony offender is one of the most serious gun charges in Illinois. Other less common offenses include armed violence, unlawful sale or delivery of a firearm, unlawful possession of firearms and ammunition and gun running.

Concealed Carry Violations

Illinois law allows concealed carry with a valid license, but violations of concealed carry can lead to criminal charges.

Common allegations include:

• Carrying without a concealed carry license
• Carrying while intoxicated
• Carrying in prohibited locations
• Failure to properly disclose a firearm during a police encounter

Restricted locations include:

• Schools
• Government buildings
• Public transportation locations
• Bars and establishments that primarily serve alcohol
• Certain parks and public events

Even licensed gun owners can face criminal charges if they violate concealed carry restrictions.

FOID Card Violations

Illinois requires firearm owners to maintain a valid FOID card.

Violations may include:

• Possessing a firearm without a FOID card
• Possessing ammunition without a FOID card
• FOID card revocations
• Expired FOID cards

Many individuals are arrested after FOID cards are revoked or suspended without their knowledge. Others are charged simply because they allowed a FOID card to expire while continuing to possess legally purchased firearms.

These cases often involve complex legal and administrative issues.

Ghost Guns and Defaced Firearms

Cook County prosecutors treat cases involving ghost guns and defaced serial numbers especially seriously.

Ghost guns are firearms that:

• Lack serial numbers
• Are assembled from kits or parts
• Cannot be traced by law enforcement

Possession of a ghost gun can result in felony charges and aggressive prosecution.

Defaced firearm cases involve:

• Removed serial numbers
• Altered serial numbers
• Destroyed identification markings

Possession of a firearm with a defaced serial number is typically charged as a felony and often results in requests for prison sentences.

Prosecutors frequently argue that these weapons are especially dangerous because they are difficult to trace.

Gun Arrests at Airports

One of the fastest-growing categories of weapons cases involves firearms discovered at airports such as O’Hare and Midway.

Many of these cases involve otherwise law-abiding individuals who:

• Forgot a firearm was in a backpack or suitcase
• Packed a firearm improperly
• Did not realize Illinois transportation rules applied
• Were traveling from states with less restrictive laws

In the past, many airport gun cases were resolved through deferred prosecution agreements, allowing first-time offenders to avoid criminal convictions.

Today, Cook County prosecutors are far less likely to offer deferred prosecution. Instead, they often seek:

• Criminal convictions
• Periods of supervision
• SWAP (Sheriff’s Work Alternative Program)
• Fines and court costs

Even individuals with clean records may now face permanent criminal convictions if their cases are not handled properly.

Andrew M. Weisberg has handled numerous airport firearm cases and has taken several of these cases to trial with successful results, demonstrating that these charges can be defended effectively when the facts support it.

Other Weapons Charges

Illinois weapons laws extend beyond firearms.

Other charges may include:

• Possession of switchblade knives
• Possession of brass knuckles
• Possession of prohibited weapons
• Possession of explosive devices
• Possession of certain types of batons or clubs

Although less common than firearm cases, these charges can still carry serious penalties.

Firearm Discharge Offenses

Charges involving the discharge of a firearm are treated particularly seriously. Examples include reckless discharge of a firearm and aggravated discharge of a firearm.

Reckless Discharge of a Firearm

720 ILCS 5/24-1.5

• Class 4 felony
• 1 to 3 years in prison

These charges may arise from:

• Celebratory gunfire
• Firing into the air
• Accidental discharges in public places

Aggravated Discharge of a Firearm

720 ILCS 5/24-1.2

• Class 1 felony or higher
• 4 to 15 years in prison

This charge applies when a firearm is discharged:

• In the direction of a person
• Toward a building
• Toward an occupied vehicle

These cases often carry very severe penalties and are aggressively prosecuted.

How Weapons Cases Are Investigated

Gun cases often begin with:

• Traffic stops
• Street stops
• Search warrants
• Domestic incidents
• Anonymous tips
• Investigations by specialized police units

Many weapons cases involve searches that raise constitutional issues. Evidence obtained through illegal searches may be suppressed, which can significantly weaken the prosecution’s case.

Defending Weapons Charges

Andrew M. Weisberg carefully examines every aspect of a weapons case.

Common defense strategies may include:

Illegal Search and Seizure

If police violated the Fourth Amendment, evidence may be suppressed.

Without the weapon as evidence, cases often collapse.

Lack of Possession

The State must prove that the defendant possessed the weapon.

If a firearm was found in a shared space such as:

• A vehicle
• An apartment
• A backpack
• A common area

Possession may be disputed.

Constructive Possession Challenges

Being near a weapon does not automatically mean possession.

The State must prove:

• Knowledge of the weapon
• Control over the weapon

Weak constructive possession cases can be defeated.

FOID and Licensing Defenses

Some cases involve:

• Administrative errors
• Delayed FOID processing
• Revocation disputes

These issues can sometimes lead to favorable outcomes.

Charge Reductions

In some cases, felony charges can be reduced to misdemeanors.

Avoiding a felony conviction can protect your future.

Why Experience Matters in Gun Cases

Weapons charges often involve complex legal issues and serious penalties.

Andrew M. Weisberg brings:

• Experience as a former Cook County prosecutor
• Extensive knowledge of Illinois gun laws
• Familiarity with Cook County court procedures
• Strategic negotiation skills
• Strong courtroom advocacy

He has successfully defended clients in a wide range of gun cases, including unlawful possession charges, airport firearm arrests, and contested felony prosecutions.

Clients work directly with Andrew throughout the case.

The Importance of Acting Quickly

If you are charged with a weapons offense, early action is critical.

Early legal intervention allows your attorney to:

• Review police reports
• Preserve evidence
• Challenge searches
• Address detention issues
• Develop defense strategies
• Begin negotiations

Waiting can limit your options and increase the risks you face.

Speak With a Chicago Weapons Defense Attorney Today

Gun and weapons charges carry some of the harshest penalties in Illinois. With Cook County prosecutors seeking prison sentences in many cases, experienced legal representation is essential.

Call (773) 908-9811 today for a free consultation, or fill out the online contact form for a free case review, and Mr. Weisberg will get back to you quickly.

Andrew will review your case and begin building a strong defense to protect your freedom and your future.