Gun & Weapon Charge Attorneys
Gun & Weapon Defense Lawyers Serving Kane, Kendall & DeKalb Counties
While the Second Amendment does guarantee one’s right to bear arms, it is important to note that this is not an unlimited right. That is, there are still situations in which you can find yourself in big trouble for wielding or possessing a weapon, particularly if you do so in a threatening manner with no provocation. Illinois is one of the states with the strictest gun laws out there. It governs the type of weapon that an individual can carry, where they can carry it, and when they can carry it. There are some fairly severe punishments at stake if you break the law and obtain the wrong kind of weapon, including guns, or carry them in the wrong places. That means that if you are facing a gun or weapons violation, you should be very careful and quickly reach out to an experienced criminal defense attorney who can help ensure that you do not end up behind bars or without the right to bear arms in the future.
At Van Der Snick Law Firm, LTD we understand that you have a right to bear arms. We also understand how the law works and what kind of consequences you might be facing if you have broken one of them. In fact, we can often help determine the exact law that you broke in order to work with you to come up with the best defense against charges. If you have been charged with a weapon or gun violation, reach out to our knowledgeable attorneys today and let us help.
Licenses to Carry and Gun Permits
It is necessary to obtain a license in Illinois if you want to purchase a gun. This license is known as a Firearm Owner’s Identification Card, and it is required to legally purchase a gun – full stop. Make sure to obtain a license before you make a purchase. Additionally, you should note that the law has changed slightly over the past few years regarding where you can carry your gun. In 2012, for example, Moore vs. Madigan determined that it was unconstitutional to forbid carrying a gun outside of your own home. In 2013, then, a new law was enacted permitting individuals to carry guns – more specifically, to carry concealed weapons – with a license.
Convicted Felons and Weapons
If you have been convicted of a felony, you are not legally allowed to obtain a Firearm Owner’s Identification Card and, by extension, a gun. You also cannot carry a weapon of any kind nor can you obtain a concealed weapon permit. This is where the harshest of consequences lie. If you break this law to obtain a gun or other weapon and carry it, and are caught, you will face serious penalties including things like the Unlawful Use of a Weapon by a Felon charge. Depending upon the underlying felony conviction, the consequences for this can span anywhere from a few years to up to 14 years or more in prison.
Should you have more than one felony on your criminal record when you are caught with a firearm, the consequences you face are even more dire. Should you be labeled an Armed Habitual Criminal, for example, then you are looking at a Class X felony that carries no possibility of probation and up to 30 years in prison. As you can see, it is important to reach out to a criminal defense attorney right away should you find yourself in this position. An experienced attorney might be able to help have charges reduced or mitigated in some way, or to ensure that additional charges are not added on.
In addition to firearms, there is a sundry list of weapons that are prohibited in Illinois.
- Explosive Bullets
- Machine Guns
- Metal Knuckles
- Sand Clubs/Sand Bags
- Sawed-Off Shotguns
- Switchblades/Ballistic Knives
- Poison Gas/Tear Gas (Except Pepper Spray)
- Throwing Stars
For more information regarding the above weapons and whether or not you are in violation of the law by possessing them, contact a criminal law attorney today for help. Van Der Snick Law Office, for example, has a team of knowledgeable lawyers who are ready and willing to help you with your case. We can help determine how best to proceed as well as what kind of defense might be the most well received in court.