Dealing with an Illinois firearms misdemeanor arrest? Does the City of Chicago want to confiscate and destroy your gun? Call our Chicago weapons violations attorneys now at (312) 466-9466.
Anyone possessing a firearm in Illinois must obtain a Firearm Owner's Identification Card. Failing to possess a Firearm Owner's Identification card or having an expired card is a misdemeanor in most circumstances. See 430 ILCS 65/14.
All firearms in the city of Chicago must be registered. See Chicago Municipal Code 8-20-040 Failing to register a firearm with the city is punishable by a fine of between $300-$500 or jail time of 10 to 90 days, or both, for the first offense. A second conviction carries a sentence of a $500 fine and 90 days to 6 months in jail. See Chicago Municipal Code 8-20-250. This ordinance is very similar to the one that the Supreme Court struck down as unconstitutional in District of Columbia v. Heller. As stated above, a challenge to the Chicago ordinance is currently pending before the Supreme Court and a ruling is expected by the summer of 2010 that may effect the validity of Chicago's registration requirement.
In addition, prosecutors and city attorneys will typically move for the destruction of any weapon seized by the police, sometimes even after an acquittal. Citizens who wish their firearms to be returned to them need an attorney who is prepared to fight the prosecution's request for a Confiscate and Destroy order.