Illinois Concealed Weapon Charges

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Illinois is only one of two states in the nation that do not allow residents to carry a concealed handgun in public. Wisconsin forbids carrying a concealed weapon, but people are allowed to carry openly in the state. As of March 8, 2011, there is new legislation pending to change Illinois laws. House Bill 148 is currently up for debate by state legislators. If the Family and Personal Protection Act gets passed by both the House and Senate committees, it would allow residents to apply for a concealed weapons license through the local sheriff’s office. There has been similar right to carry legislation introduced before, but this time the Illinois State Sheriff’s Association has decided to support the issue.

Illinois Gun Laws

Anyone who wishes to own a gun or purchase ammunition in Illinois must apply for a Firearm Owner’s Identification Card (FOID). Applicants must be able to pass a criminal background check. Gun owners who fail to obtain a valid FOID card could face felony charges for each firearm. The State of Illinois will not issue FOID cards to the following individuals:

  • Anyone that has a prior felony conviction
  • Anyone that has been convicted of assault, battery or domestic abuse
  • Has a restraining order against them within the past two years
  • Has been a patient in a mental hospital within the past five years

Illinois Weapons Violations

The State of Illinois does not allow residents to obtain a concealed weapons license. Anyone caught with a concealed weapon will be charged with the following:

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Class A Misdemeanor Offense

Unlawful Use of Weapons—Knowingly carries or possesses in any vehicle or concealed on his or her person (except on his property or place of business) any pistol, revolver, Taser, stun gun or other firearm

Up to one year in jail

 

A fine of up to $2,500

Class 4 Felony Offense

Aggravated unlawful use of a weapon—Knowingly possesses on his or her person a firearm and commits an additional offense at the time, such as engaging in a misdemeanor offense

Between 1 to 3 years in state prison

 

A fine of up to $25,000

Pleading Your Case

All Americans are innocent until proven guilty beyond any reasonable doubt in criminal cases. Defendants who wish to enter a plea of “not guilty” will have their day in court. The prosecution has the burden of proof and must convince a jury that the individual is guilty of committing the crime. If their case is weak or lacks convincing evidence, the District Attorney’s office may offer the defendant a plea bargain. A felony offense could be knocked down to a misdemeanor, which means less time behind bars.

Help From an Illinois Criminal Defense Attorney

People that have concealed weapons permits from another state could find themselves facing criminal penalties if they drive through Illinois. Anyone transporting a firearm must have the firearm enclosed in a case, unloaded and the ammunition in a separate place. This means that if you get stopped with a loaded weapon in your vehicle, the police can charge you with a serious crime. If you have been arrested for a weapons violation, contact an experienced criminal defense attorney. They can help get you bailed out of jail and will vigorously defend your rights.

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