Gun Charges in Illinois: Understanding Your Rights and Defenses
Illinois has some of the strictest gun laws in the country, and being charged with a firearm-related offense can lead to severe penalties, including prison time, heavy fines, and a permanent criminal record. Whether you’re facing charges for unlawful possession, carrying without a license, or using a firearm in the commission of a crime, understanding your rights and possible defenses is crucial.
Illinois Gun Laws: What You Need to Know
To legally own or carry a firearm in Illinois, individuals must comply with strict state regulations.
Firearm Owner’s Identification (FOID) Card
All Illinois residents must have a FOID card to legally own or purchase a firearm or ammunition.
Possessing a gun without a FOID card is a Class A misdemeanor (punishable by up to 1 year in jail) but can become a felony for repeat offenders.
Concealed Carry License (CCL)
A Concealed Carry License (CCL) is required to carry a loaded or concealed firearm in public.
Carrying a concealed weapon without a license is a Class A misdemeanor for a first offense but can be upgraded to a felony for subsequent violations.
Unlawful Use of a Weapon (UUW)
The Unlawful Use of a Weapon (UUW) statute covers a wide range of gun-related offenses, including:
Carrying a firearm without a valid FOID or CCL.
Possessing a firearm in a prohibited location (e.g., schools, government buildings, public transportation).
Possessing a firearm as a convicted felon (which can result in Class 3 or Class 2 felony charges with 2–14 years in prison).
Aggravated UUW
Certain circumstances can elevate a gun charge to Aggravated Unlawful Use of a Weapon (Agg UUW), which carries harsher penalties. Aggravating factors include:
Carrying a loaded firearm without a CCL.
Possessing a firearm in connection with a violent crime or drug offense.
Being under 21 years old and in possession of a handgun.
Carrying a gun in a school zone or public gathering.
Felony Gun Charges and Sentencing Enhancements
Illinois imposes strict penalties for firearm-related felonies, particularly when guns are used in violent crimes.
Possession of a firearm by a felon – Class 3 felony, punishable by 2–10 years in prison.
Armed habitual criminal (for repeat offenders) – Class X felony, punishable by 6–30 years in prison, with no possibility of probation.
Using a gun during a felony – Mandatory sentencing enhancements:
+15 years for possession of a firearm.
+20 years for firing the weapon.
+25 years to life if someone is injured or killed.
Possible Defenses Against Gun Charges
If you’re facing gun-related charges, an experienced attorney can explore several defense strategies to fight the case, including:
Fourth Amendment Violations – If police illegally searched your home, car, or person, the firearm evidence may be thrown out.
Lack of Knowledge or Possession – If the gun was found in a shared space (like a vehicle or home), the prosecution must prove that you knowingly possessed it.
Valid FOID or CCL Defense – If you have the proper licensing but were arrested due to a misunderstanding, the charges may be dismissed.
Self-Defense – If the firearm was used to legally protect yourself or others, this could be a valid defense under Illinois’ self-defense laws.
Incorrect or Insufficient Evidence – If the prosecution cannot prove every element of the charge beyond a reasonable doubt, the case could be dismissed.
Why You Need an Experienced Gun Crimes Attorney
Gun charges in Illinois carry serious, long-term consequences, and fighting these charges requires a knowledgeable attorney who understands state and federal firearm laws. At the Law Offices of Richard Waller, we aggressively defend our clients, challenging improper police procedures, unlawful searches, and weak evidence to help you avoid a conviction.
If you or a loved one is facing gun charges in Illinois, don’t risk your freedom—contact us today for a free consultation.
