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Orland Park Unlawful Use of a Weapon Lawyer

Tinley Park Weapons Charges Attorney for Crimes Involving Guns, Firearms, and Other Weapons

Unlawful Use of a Pistol, Revolver, Stun Gun/Taser, or Other Firearm

Gun charges have become much more prevalent in the recent past, as gun violence increases in Illinois. The public, the lawmakers, and the prosecutors are demanding more accountability for gun crimes and harsher sentencing for people who violate gun laws. Therefore, now more than ever, with penalties increased for violations, you need attorneys who are experienced not only in the gun laws, but also in the law of search and seizure – for it may be, depending on the facts of your case, that the seizure of the weapon by law enforcement was a violation of your 4th Amendment rights under the United States Constitution. We have successfully had gun charges dismissed due to an illegal search by the police; or an illegal stop or search of a vehicle by police.

As with all criminal cases, the State has the burden of proof, beyond a reasonable doubt, as to all elements of the offense – including that a person "knowingly" possessed the weapon, as well as the fact that the person actually "possesses" the weapon.

The Sentence

SIMPLE VIOLATION OF (a)(4)

Class A Misdemeanor – 364 DAYS MAX
Probation possible?– YES

FOR A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF (a)(4)

Class 3 Felony – 3-7 years
Probation possible?– yes

IF VIOLATION OCCURRED IN ANY OF THE PLACES LISTED BELOW:

Class 3 Felony – 3-7 YEARS
Probation possible? - YES
  • in any school, regardless of the time of day or the time of year,
  • in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development,
  • in a public park,
  • in a courthouse,
  • on the real property comprising any school, regardless of the time of day or the time of year,
  • on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development,
  • on the real property comprising any public park,
  • on the real property comprising any courthouse,
  • in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity,
  • in any conveyance owned, leased, or contracted by a public transportation agency, or
  • on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development.
Probation possible? - YES
Success Story: We have successfully defended persons at trial who have been found "not guilty" of this offense because -- based upon our evidence, our cross-examination of police, and our arguments – the State was unable to prove beyond a reasonable doubt that our client was actually, under the law, in "possession" of a weapon.

Aggravated Unlawful Use of a Weapon

In Illinois, the unlawful use of a weapon becomes aggravated, and thus punishable by longer jail terms, when certain circumstances exist. Among these circumstances are when an individual carries on or about his person when they are not on their own land or place of business a weapon when they do not have a valid FOID card or if they are convicted felons.

Previously, one of the most commonly charged Aggravated Unlawful Use of a Weapon crime involved carrying a weapon while not on one's land or in one's place of business that is uncased, loaded and immediately accessible. However, due to recent changes in the perception of gun rights, which involved multiple United States Supreme Court Cases, Illinois, in People v. Aguilar, struck down the aforementioned charge, holding that it violated a citizen's Second Amendment right to bear arms.

As a result, prosecutors are no longer enforcing the unconstitutional charge, and many people who have previously been convicted of that offense are seeking to have the judgment vacated. Nonetheless, all other offenses listed in the Aggravated Unlawful Use of a Weapon law are still valid and enforceable. For instance, an individual who is found to be in possession of a firearm without a valid FOID card can still be charged and convicted of the offense.

The Aggravated Unlawful Use of a Weapon law does not apply to the transportation or possession of weapons that are broken down to a non-functioning state, or are not immediately accessible or are unloaded and enclosed in a case possessed by a person with a valid FOID card.

The Sentence

First Offense
  • Class 4 Felony
  • 1 to 3 years in state prison
  • Fine up to $25,000
Second or Subsequent Offenses
  • Class 2 Felony
  • 3 to 7 years in state prison
  • Fine up to $25,000
When committed while wearing or in possession of body armor
  • Class X Felony
  • 6 to 30 years in state prison
  • Fine up to $25,000

Probation Possible? Yes, on Class 4 and Class 2 Felonies.

Supervision Possible? No.

Contact Our Joliet Weapons Charges Defense Attorney

Our firm is experienced in cases involving charges related to firearms or other weapons. To get legal help, contact us at 708-966-2408 and arrange a consultation.

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