Discuss Your Gun Charge With A Schaumburg Weapons Charge Lawyer
As Americans, the Second Amendment to the United States Constitution grants us the right to bear arms. Many of us own firearms for our personal protection and for engaging in sports like hunting and trap shooting. But this right has its limits and on top of federal firearm laws, each state has its own laws governing the sale and possession of firearms and other weapons.
The unlawful possession, sale, or use of a firearm is a criminal offense. If you have been charged with any type of gun-related offense, work with an experienced criminal defense lawyer to develop a custom legal defense for your case.
Weapons Prohibited in Illinois
In Illinois, the following weapons are prohibited:
- Sawed-off shotguns;
- Explosive ammunition;
- Sand clubs;
- Ballistic knives;
- Throwing stars;
- Brass knuckles;
- Machine guns;
- Tear gas; and
Individuals charged with the possession of prohibited weapons can face Class A to Class X felony charges depending on the weapons they possessed.
Gun-related Offenses in Illinois
Other gun-related offenses include the possession of a firearm without a valid Firearm Owner’s Identification Card (FOID), bringing a firearm or other weapon into an establishment that sells alcohol, using or carrying certain types of weapon while hooded or masked, and carrying a concealed weapon without the proper permit.
Convicted felons cannot obtain Firearm Owners’ Identification Cards in Illinois. Neither can minors, individuals deemed to be intellectually disabled, mentally impaired, or who have been committed to a mental hospital within the past five years, and individuals who are addicted to certain substances. An individual who is eligible for an FOID but is found in possession of a firearm without one can face a Class A misdemeanor. Subsequent offenses are charged as Class 4 felonies. If an individual is not eligible for an FOID and is found in possession of a firearm, he or she can face a Class 3 felony and if he or she is found in possession of a firearm for a third time, he or she can face a Class 1 felony charge.
Defenses to Gun Charges
There are many possible defense strategies to use if you are facing a gun-related charge. Talk to your lawyer about the right defense strategy for your case.
A few examples of possible defenses to use against a gun charge include:
- The weapon or ammunition did not belong to you and you did not know if was in your home or vehicle. It could be because the weapon belonged to a friend or housemate or because you were a victim of entrapment;
- Law enforcement uncovered the weapon through an illegal search. Remember, an officer needs to have a search warrant or your consent to search your person, vehicle, or home; and
- You were not read your Miranda Rights during your arrest.
Work with an Experienced Orland Park Criminal Defense Lawyer
If you have been charged with any gun or other weapon-related offense, start working with an experienced criminal defense lawyer to develop an effective defense strategy for your case as soon as possible. Contact Shannon O’Malley, Attorney at Law today to set up your initial consultation with Mr. O’Malley, who can answer your questions and help you understand all you need to know about your charge and what you can expect from the criminal justice system.