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Orland Park Unlawful Firearm Possession Lawyer

Joliet Weapons Crimes Attorney for Charges Involving Possession of Firearms and Ammunition

Unlawful Possession of a Firearm and Possession of Firearm Ammunition

The Unlawful Possession of Firearms or Firearm Ammunition is the Illinois state law which sets out which individuals are not allowed to possess either firearms or ammunition. The law has been subject to many challenges in court and has been upheld based on the fact that it is necessary to achieve a compelling governmental interest, namely to keep certain classes of individuals from possessing firearms, thereby keeping members of the general public safe.

Additionally, the law makes clear that a person under the age of 18 may participate in lawful recreational activity with firearms, which may include hunting, trapping or target range shooting. Of note in this law is that each firearm or firearm ammunition in violation of this law constitutes a single and separate violation. Thus, if an individual listed above is found in possession of three weapons, then that individual would face three separate charges of Unlawful Possession of Firearms or Firearm Ammunition.

The Sentence

Unlawful Possession of Firearms, Other Than Handguns, and Ammunition
  • Class A Misdemeanor
  • Up to 364 days in county jail
  • Fine up to $2,500
Unlawful Possession of Handguns
  • Class 4 Felony
  • 1 to 3 years in state prison
  • Fine up to $25,000

Probation Possible? Yes.

Supervision Possible? Yes, on Misdemeanor Charges.

Possession of a Stolen Firearm

Illinois prohibits an individual from merely possessing a stolen firearm, regardless of whether or not that firearm is being used for unlawful purposes. From a reading of the statute, the offense is committed when: 1) an individual not being entitled to the possession of a weapon 2) possesses a stolen firearm and 3) the person possessing the weapon knows it to have been stolen.

The State must prove all three elements above before a person can be convicted of Possession of a Stolen Firearm. However, from the wording of the statute, it appears that if a person possesses a valid Firearms Owner Identification card and is otherwise lawfully entitled to possess any weapon, the State will not succeed on a charge of Possession of a Stolen Firearm.

However, if the possessor is not lawfully entitled to possess a weapon, then the charge in fact can most likely be proved. A judge or jury may also consider the fact that there was an altered or removed serial number on a firearm. This fact will tend to support a reasonable inference that the individual in possession of the stolen firearm knew that it was in fact stolen.

The Sentence

  • Class 2 Felony
  • 3 to 7 years in state prison
  • Fine up to $25,000

Probation Possible? Yes

Supervision Possible? No

Aggravated Possession of a Stolen Firearm

In Illinois, if an individual is limited to a certain number of firearms, and is found to be in possession of stolen firearms exceeding that amount, then strict sentencing will follow any conviction under the Aggravated Unlawful Possession of a Stolen Firearm law, as illustrated below. However, a key element to the offense is that the possessor must have known, or should have known, that the firearm was stolen or otherwise converted. A judge or jury may infer that a person in possession of a firearm knew it was stolen if the serial number on a weapon was removed or altered.

The Sentence

If a person illegally possesses between two and five firearms, then:
  • Class 1 Felony
  • 4 to 15 years in state prison
  • Fine up to $25,000
If a person illegally possesses between six and 10 firearms, then:
  • Class X Felony
  • 6 to 30 years in state prison
  • Fine up to $25,000
If a person illegally possesses between 11 and 20 firearms, then:
  • Class X Felony
  • 6 to 40 years in state prison
  • Fine up to $25,000
If a person illegally possesses between 21 and 30 firearms, then:
  • Class X Felony
  • 6 to 50 years in state prison
  • Fine up to $25,000
If a person illegally possesses more than 30 firearms, then:
  • Class X Felony
  • 6 to 60 years in state prison
  • Fine up to $25,000

Probation Possible? Yes, on Class 1 Felony

Supervision Possible? No.

Possession of a Firearm With a Defaced Serial Number

Any individual who possesses a firearm that has its serial number altered or removed in any way can be found guilty of this offense. It is important to note that the law regarding the possession of a firearm with a defaced serial number does not require that the individual in possession of the firearm know that the firearm's serial number is changed, from the reading of the law. This may create gray areas in the law because, while it may be obvious that a firearm's serial number has been removed or obliterated, it may not be as obvious if there is a minor change in the serial number, which may have been done professionally without any indicia of change.

The law does not apply to individuals who make repairs or changes to their firearm which leads to the removal of the maker or model imprints to a firearm, as long as the serial number remains intact and unaltered.

Lastly, unlike most felonies which have a Statute of Limitations of three years, prosecutions brought for Possession of a Firearm with a Defaced Serial Number can occur anytime within six years from the commission of the offense.

The Sentence

  • Class 3 Felony
  • 2 to 5 years in state prison
  • Fine up to $25,000

Probation Possible? Yes.

Supervision Possible? No.

Defacement of a Firearm Serial Number

In Illinois, it is a criminal offense for a person to change or destroy the serial number on a firearm. This law applies only if the person removes or changes the serial number knowingly or purposefully. If the firearm's serial number is removed, by accident, then the individual cannot be convicted of the offense (although the individual can still be convicted of Possession of a Firearm with a Defaced Serial Number).

As is the case in Possession of a Firearm with a Defaced Serial Number, charges for Defacement of a Firearm Serial Number can be brought any time within six years of the commission of the offense.

The Sentence

  • Class 2 Felony
  • 3 to 7 years in state prison
  • Fine up to $25,000

Probation Possible? Yes.

Supervision Possible? No.

Contact Our Tinley Park Illegal Firearm Possession Attorney

Our firm can help you defend against charges related to the possession of firearms or ammunition. Contact us today at 708-966-2408 for a consultation.

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