Being arrested for any crime should be taken seriously. Weapons crimes, however, can be particularly problematic, as they carry significant consequences that can negatively impact your life forever. If you’ve been arrested or are being questioned by the police in relation to a weapons offense, or you have a reason to believe you need a criminal defense lawyer for any other reason, Attorney Daniel Johnson can help. Contact Attorney Johnson today at (773) 864-9281 for a free consultation.
Unlawful Use of Weapons
There are several different types of weapons charges in Illinois, and the potential outcome of a weapons conviction can be quite severe. The crime of unlawful use of weapons is one of the most frequently charged weapons offenses in Illinois. While a person can be charged with unlawful use of a weapon for possessing such weapons as knives, razors, broken bottle or other pieces of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character, most often this charge is the result of illegal gun possession.
If you are found to be in possession of a firearm in public and you don’t have a license to carry it, you will likely be charged under this statute in the state of Illinois. As it relates to guns, this is usually charged when a person knowingly carries a firearm in a public place – either on their person or in their vehicle and the gun does not meet at least one of the following conditions:
- is broken down into a non-functioning state; or
- is not immediately accessible; or
- is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card; or
- is carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act.
The first offense is considered a Class A misdemeanor punishable by less than a year in jail and a fine of up to $2,500. A second or subsequent offense is a Class 3 felony punishable by 2-5 years in prison.
Aggravated Unlawful Use of a Weapon
Another frequently charged weapons offense is aggravated unlawful use of a weapon. You can be charged with aggravated unlawful use of a weapon if the following factors are present:
- The gun possessed was uncased, loaded, and immediately accessible at the time of the offense, and you have not been issued a currently valid license under the Firearm Concealed Carry Act; or
- The gun possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense, and you have not been issued a currently valid license under the Firearm Concealed Carry Act.
Also, you can be charged with aggravated unlawful use of a weapon if you possess a gun under the following circumstances: you were committing a misdemeanor involving the use or threat of violence, you had an order of protection issued against you within the last two years, or you are under the age of 21.
Aggravated unlawful use of a weapon is a Class 4 felony punishable by 1 -3 years in prison; a second or subsequent offense is a Class 2 felony punishable by 3 - 7 years in prison. Aggravated unlawful use of a weapon by a person who has previously been convicted of a felony in Illinois or another state is also a Class 2 felony.Other gun charges Attorney Daniel Johnson is prepared to assist you with include but are not limited to:
- Aggravated discharge of a firearm
- Armed habitual criminal,
- Reckless discharge of a firearm,
- Unlawful sale or delivery of firearms
- Unlawful use of a weapon by a felon
Attorney Daniel Johnson Is Here for You
Attorney Daniel Johnson has the knowledge, skill, and dedication necessary to assist you in obtaining the best possible outcome. Whether you’ve been arrested or are being questioned by the police or have any other questions or concerns regarding gun offenses, please don’t hesitate to call. When looking for a criminal defense attorney, it’s essential to find one who will fight for you and work as hard as possible to get the best results. When you hire Daniel, you can be confident that you’re hiring a dedicated attorney who cares as much about your case as you do. Contact Attorney Daniel Johnson today at (773) 864-9281 for a free consultation. contact us