Monday, April 17, 2017
Illinois has some of the strictest gun laws in the country—but if you have a valid Firearm Owner’s Identification card, or FOID, you’re allowed to possess a gun.
That doesn’t mean you can carry it with you wherever you go, though.
Read more . . .
Monday, February 20, 2017
Chicago is famous for its strict gun control laws — and that’s because the penalties for felony gun crimes are so harsh.
If you’ve been accused of this type of crime, it’s probably a good idea for you to get in touch with a felony gun crime defense lawyer in Chicago, Skokie, or Rolling Meadows. The consequences can be extremely serious if you’re convicted.Read more . . .
Friday, July 1, 2016
Most people who have been convicted of a felony can’t possess or use a weapon in the state of Illinois.
So what happens if you’ve lost your Second Amendment right to own or possess a firearm, but you have one anyway… and you’re caught with it?
Unlawful Use of a Weapon by a Felon
If you’re charged with the unlawful use of a weapon by a felon in Chicago or the suburbs, you need to know that if you have a felony record, you don’t actually have to use the weapon for a judge to convict you. Simply having the gun is enough for the court to convict you—even if the firearm belongs to someone else.
Read more . . .
Monday, November 2, 2015
The state of Illinois is serious about its weapons laws – and if you’ve ever been hit with a gun or weapon charge in Chicago, you understand how serious the consequences of a conviction can be.
But what are Illinois’ weapons laws, and how could they affect you?
Illinois Gun Laws
The gun laws in Illinois are some of the strictest in the nation, and in order to even possess a firearm, you must have a firearm owner’s identification card. (There are a few exceptions, but for the most part, you must have a FOID card to own or purchase a firearm, ammunition, Tasers or stun guns.)
You can be charged with a crime if you:
- Possess or use a weapon without a FOID card
- Discharge a firearm into a building, in another person’s direction or toward a vehicle
- Discharge a firearm recklessly
- Use a weapon during the commission of a crime
You also can’t have or use metal-piercing or explosive bullets, sell a firearm without a permit or carry a gun if you’ve been convicted of a felony. Further, if you’ve been a patient in a mental health facility or you are a drug addict – or if you are under the influence of drugs – you aren’t legally allowed to have a gun.
If you are transporting any firearm, it must be unloaded and enclosed in a case, and you must have a valid FOID card.
What to Do if You Are Arrested for an Alleged Gun Crime
If police arrest you for an alleged gun crime in the state of Illinois, it may be a good idea to get in touch with a Chicago criminal defense lawyer who understands our gun laws and how they apply in your case.
Remember that you have the right to remain silent and that you have the right to have an attorney present during questioning. Your lawyer can help ensure that your rights are preserved and answer any questions you may have.
Friday, April 3, 2015
Chicago is notoriously strict when it comes to gun control laws, and those laws even extend to the trunk of your car. In fact, all of Illinois—including Schaumburg, Skokie and Rolling Meadows—falls under those very stringent regulations.
Transportation of Weapons in Illinois Criminal Code
The way you transport your firearm matters. Whether you have a hunting rifle, a handgun or any other type of weapon (such as a bow and arrow, for example), transporting it the wrong way may be a Class 4 felony.
The Illinois Criminal Code addresses transportation of firearms, as well. You can only transport a firearm from one place to another if you have a valid Firearm Owner’s Identification Card, a Chicago Firearm Permit (in the city) and a firearm registration certificate. You also need to make sure that your weapon is:
- Broken down into a non-functioning state
- Not immediately accessible
- Unloaded and in a firearm case
Transporting a Firearm Illegally: When is it a Class 4 Felony in Chicago?
A judge could find you guilty of a Class 4 felony if you were caught transporting a gun that was uncased, loaded and accessible. Even if your uncased gun wasn’t loaded, but the ammunition was immediately accessible, you could be found guilty.
You may also be guilty if:
- You don’t have a valid FOID card
- You were adjudicated of a felony when you were a juvenile
- You were caught with a gun while engaged in a misdemeanor involving marijuana or controlled substances
- You are a gang member
- You’ve had an order of protection against you within the past two years
- You were involved in a violent misdemeanor
- You’re under 21
What to Do if You’re Caught Illegally Transporting a Firearm in Chicago
Because Illinois has very strict laws when it comes to firearms, most people find that it’s best to call a Chicago gun law attorney who will evaluate their case and help find the best possible outcome. Perhaps the police were guilty of an unlawful search, or maybe your gun or ammunition was out of reach; there are several ways your lawyer can defend you against weapons charges in Chicago and the state of Illinois.
Friday, June 27, 2014
Many people in Chicago (and all over the country, for that matter) own firearms – they’re convenient to have for self-defense, property protection… the list goes on. However, a segment of our population is barred completely from owning any kind of firearm: felons. If you’re one of them, you need to know that there are intricacies in Illinois law that could land you in hot water (or at least in a Chicago criminal defense lawyer’s office).
Technically, it’s a crime to be in possession of a firearm after you’re convicted of a felony. But what counts as possession?
Felons and Firearms in Chicago
In Illinois, you have to have a FOID card to possess or acquire a firearm or ammunition. It’s simply an approval from the state saying that you’re authorized to have a weapon. If you’re a felon, though, you’re not eligible for one. (Anyone who has been convicted of domestic battery or domestic violence is ineligible for a FOID card; so are those who are subject to an order of protection.)
Basically, if you get caught with a gun, you’re going to face some serious consequences. You’re not allowed to legally purchase one with a felony conviction in your past. You can be convicted of being a felon in possession of a firearm even if the gun you have isn’t yours.
Why You Need a Chicago Criminal Defense Attorney
Illinois’ laws regarding weapons are very strict. If you’re charged with having a firearm, you need an attorney who’s willing to go to bat for you – one who will get your side of the story and make sure it’s heard in court.
Your lawyer will completely evaluate your case to determine whether police conducted an illegal search or if there are other nuances that may help you in court. Chicago and the surrounding areas take felons and firearms very seriously, so if you head into court without a lawyer, you’re taking a huge gamble with your future.
Tuesday, March 12, 2013
A Chicago man found with a loaded gun in his car says felony weapons charges against him should be dropped because of a court ruling that tossed out Illinois' concealed carry ban.
Deafalla Haddad was charged with aggravated unlawful use of a weapon after he was pulled over for speeding in November in Schiller Park and informed the officer he was carrying a loaded gun in a waistband holster.
His attorney, Matt Fakhoury, said the case should be dismissed because the law Haddad broke was found to be unconstitutional and because his actions would be legal in any other state.
Click here to read more.
Sunday, December 2, 2012
One would naturally assume that the firing of a gun is necessary in order to be arrested for Aggravated Unlawful Use of a Weapon. After all, the gun has to be “used” in the traditional sense of the term as the title of the offense indicates right? The reality is that a gun does not need to be used or fired in any way to be convicted of Aggravated Unlawful Use of a Weapon.
Aggravated Unlawful Use of a Weapon makes the simple possession of a weapon a class 4 felony punishable by 1 to 3 years in the Illinois department of corrections.
Under 720 ILCS 5/24-1.6, a person commits the offense when he knowingly carries a gun…
1- Not on his own property or
2- While in public and
3- The gun is immediately accessible or
4- The suspect does not have a FOID card
Although the police and prosecutor will have you believe this is an open and shut case requiring you to plead guilty, the truth of the matter is that there are several things an aggressive and experienced criminal defense attorney can do to fight the case.
Issues relating to actual or constructive possession, the right of the police to stop and search you in the first place, and the placement of the weapon in the vehicle at the time of arrest are factors that can make or break the government’s case against you.
Contact Attorney Matt Fakhoury for a free case review. ILDefense.com or 847-920-4540