Chicago Weapons Violations Attorney

Don't gamble with justice. Get expert counsel from an experienced Chicago weapons violation attorney. Call our Chicago criminal defense lawyers today at (312) 466-9466.

Weapons Violations in Chicago and Illinois

Unlike many states, Illinois does not have a "Conceal Carry" law. In other words, without special authorization or law enforcement status, a person cannot carry a firearm on his person or have it in his car unless it is cased or broken down, and inaccessible. See 720 ILCS 5/24-1. The tough gun laws in Illinois create situations in which law abiding citizens who only wish to protect themselves are prosecuted for felony gun law violations.

This truth is compounded by the fact that Chicago police are rewarded for confiscating firearms. Clients of Steven R. Hunter often tell him that the police offer not to arrest them if they can lead the police to a firearm. Others have indicated that guns which were lawfully cased and inaccessible in the trunk were seized and then the police claimed the guns were loaded, accessible and on the seat of the car. Never volunteer to the police that you have a gun, even if it is legal. Police often ask motorists and other citizens if they have a gun, but you have no obligation to answer that question.

It is legal to have a firearm in on your own land, place of business, or home, but you must obtain a Firearm Owner's Identification Card from the State. In Chicago, you must also register the weapon with the City. Recent developments in gun law cases, such as District of Columbia v. Heller, McDonald v. Chicago, and NRA v. Chicago have not changed this fact to date, though the Supreme Court is expected to issue ruling by the summer of 2010 that may effect the validity of Chicago's registration requirement.

In addition to firearms offenses, there are a wide variety of statutes that cover other weapons, such as dirks, billy clubs, switch blade knives, etc. Not every knife or weapon is illegal to possess, but it has been the experience of attorney Steven R. Hunter that if the police find a knife or other weapon on a person they are arresting for some other reason, they will often file a weapons offense.

Illinois and Chicago Weapons Violations Cases

Handling weapons violations cases throughout Illinois, with a strong focus on Northern Illinois and Chicago, criminal defense lawyers for our firm handle many different types of weapons cases, including but not limited to the following:

• Firearm Misdemeanors - Possession of a firearm, and a number of other weapons violations, can result in a Class A misdemeanor, punishable with up to one year in jail and/or a stiff fine.
• Felon in Possession of a Firearm - The most serious type of firearms violation is a felon in possession of a firearm. This usually results in a charge of Unlawful Use of Weapon by a Felon.
• Gunrunning, Unlawful Sale, Defacement - There are a number of statutes which govern the sale, purchase, disposition and defacement of firearms.

How to Win a Weapons Violations Case

There are many methods that our Chicago criminal defense lawyers use to win weapons violation cases. The approach to each weapons violation arrest will depend on the specifics of the case. However, here are a few common defenses used for weapons violation cases.

• A common defense to the charge of Unlawful Use of a Firearm is that the weapon was inaccessible or "broken down," or unloaded and enclosed in a case. 720 ILCS 5/24-1(a)(4). Other requirement, such as no felony convictions and a valid Firearm Owner's Identification Card still apply.
• Another possible defense is that a person possessed a firearm on his own land, in his own home, or at his fixed place of business. 720 ILCS 5/24-1(a)(4). This defense makes it crucial that a person who has a gun seized from a house or building make no statement. Police will try to eliminate this defense by asking people if they live in the house or work in the business where the firearm was seized.
• Other defenses include challenging a search and seizure as illegal, which is discussed in detail in the Drugs section of this website. Protect your rights by refusing to consent to a search or answering any questions about firearms. Do not believe claims that you will not be arrested.
• There are also a number of exemptions under the Unlawful Use of Weapons Statute. See 720 ILCS 5/24-2. For example, certain private security contractors are exempt if they are employed by an agency certified by the Department of Professional Regulation and their duties include the carrying of a weapon under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor and Locksmith Act of 2004. such persons must actually be engaged in the performance of their duties or be commuting. This is just on of many exemptions. If you think you may be exempt, call today to schedule an office consultation.

Weapons Violations Cases Handled by Our Chicago Criminal Defense Lawyers

These cases are examples of the work we have done in defending those who have been accused of weapons violations. Please be aware that every case is unique and every client has special circumstances. It is unethical for an attorney to guarantee any particular outcome.

• Armed Habitual Criminal Charge - In this Chicago weapons case, we filed a motion to suppress evidence based on an illegal search. The case was dismissed.