Unlawful Possession of Weapon

Charged with Unlawful Possession of a Weapon (UPW) in Chicago? Andrew M. Weisberg Can Protect Your Future

(Formerly Unlawful Use of a Weapon – UUW)

Being charged with Unlawful Possession of a Weapon (UPW) is a serious matter under Illinois law. Even a first-time offense can lead to jail, steep fines, and a permanent criminal record. With Cook County prosecutors now taking a tougher stance on all gun-related cases, the stakes are higher than ever.

If you’re facing UPW charges, you need a skilled Chicago defense attorney who understands how prosecutors think and how to fight back effectively. Andrew M. Weisberg, a former Cook County prosecutor turned defense attorney, brings insider knowledge and courtroom experience to every case he handles.

Harsher Cook County Policies on Gun Cases

In recent years, Cook County has dramatically escalated its prosecution of weapons offenses. Under the current State’s Attorney, defendants now face a much steeper uphill battle:

• Probation is no longer the norm – prison time is increasingly standard.

• More felony upgrades – cases that once stayed as misdemeanors are now charged as Class 2 or higher felonies.

• Stricter bond decisions – many defendants remain in custody pending trial.

• Fewer plea deals – prosecutors are encouraged to push for convictions instead of negotiation.

With these new policies, even a simple possession case can lead to years in prison if not handled by a strong, strategic defense lawyer.

Understanding Unlawful Possession of a Weapon (UPW) in Illinois

Illinois has some of the nation’s toughest firearm regulations. Under 720 ILCS 5/24-1, you can be charged with UPW in several situations, including:

• Possession Without a FOID Card – All firearm owners in Illinois must have a valid Firearm Owner’s Identification (FOID) card. Having a gun without one can result in arrest.

• Carrying Without a Concealed Carry License (CCL) – Carrying a concealed weapon without a CCL is a criminal offense, even if you own the gun legally.

• Possession in a Prohibited Location – Guns are strictly banned in schools, government buildings, public transportation, and certain public areas.

• Possession by a Felon – A prior felony conviction makes firearm possession an automatic felony.

• Possession with Intent to Commit a Crime – If prosecutors allege you possessed the weapon to commit another offense, your charge can be enhanced.

Penalties for Unlawful Possession of a Weapon

The penalties for UPW depend on the circumstances but are increasingly severe under the new Cook County prosecution standards:

• Class A Misdemeanor: Up to 1 year in jail and fines up to $2,500 (typically for a first-time FOID violation).

• Class 4 Felony: 1–3 years in prison for carrying a loaded weapon in public without a concealed carry license.

• Class 2 Felony: 3–7 years in prison for possession by a felon, in a school zone, or with intent to commit a crime.

• Class X Felony: 6–30 years in prison for repeat offenders or cases with multiple aggravating factors (no probation allowed).

A conviction also means:

• A permanent criminal record that can’t be sealed or expunged.

• A lifetime loss of gun ownership rights.

• Severe immigration consequences for non-citizens, including possible deportation.

How Andrew M. Weisberg Builds Your Defense

Weapons charges often hinge on police procedure and evidence handling. Andrew M. Weisberg uses his prosecutorial background to identify weaknesses and fight aggressively for your rights. Common defense strategies include:

• Illegal Search and Seizure – If police lacked probable cause or performed an unlawful search, the firearm can be suppressed.

• Lack of Possession – If the weapon wasn’t under your actual control (such as being found in a shared vehicle or home), the State may fail to prove its case.

• Mistaken Identity – When witnesses or police misidentify the suspect, proving that error can lead to dismissal.

• Violation of Constitutional Rights – Coerced confessions, failure to read Miranda rights, or improper police conduct can all undermine the prosecution’s case.

Why Choose Andrew M. Weisberg to Defend Your UPW Case

Andrew M. Weisberg’s dual perspective—as a former Cook County felony prosecutor and now as one of Chicago’s top criminal defense attorneys—gives him a rare advantage.

• Deep knowledge of Illinois gun laws and courtroom procedures.

• Decades of experience handling complex weapons and violent crime cases.

• Proven track record of reduced charges, dismissals, and trial victories.

• Personal representation—your case stays with Andrew, not passed to a junior associate.

• Available 24/7 to answer your questions and protect your rights.

Contact Andrew M. Weisberg Today

With prosecutors across Cook County pushing for longer prison sentences and fewer plea deals, waiting to hire an attorney could cost you your freedom.

Call (773) 908-9811 today for a free, confidential consultation, or complete the Case Review Form on the website.
Andrew M. Weisberg is available day and night to start building the powerful defense you need.