Gun cases are also known as unlawful use of a weapon (UUW), aggravated unlawful use of a weapon (AUUW), possession of a weapon by a felon, and armed habitual criminal. To possess a gun in Illinois, you need a Firearm Owners Identification card (FOID card) issued by the state police. Starting in 2014, to carry a gun outside of your home or place of business you must obtain a conceal and carry permit from the Illinois State Police. If you plead guilty or are found guilty of having a gun without a FOID card, the minimum punishment is 1 year in prison. If you have prior cases, the minimum punishment is even higher.
A Gun Charges Lawyer in Chicago can help
Michael Levinsohn examines each and every aspect of your gun charge case. First, it is important to ask: did the police properly obtain the gun that you are being charged with? Second, were you in possession of the gun? If the police did not properly obtain the gun, Chicago Gun Charge Lawyer, Michael Levinsohn, will file a motion to suppress evidence of the gun from being mentioned at the trial. In this motion, Levinsohn will prove to the judge that the police violated your 4th Amendment right against unreasonable search and seizure when they obtained the evidence. If the judge agrees, then the case is dismissed. If there is no motion to file, the next step is to prove to the judge or jury that you did not have possession of the gun. Possession is knowledge of the gun and intent to control the gun.
The new Conceal and Carry law in Illinois states that the Illinois State Police shall issue conceal and carry permits to persons who properly apply and meet all the qualifications. In order to be qualified: you must be at least 21 years old, have a valid FOID card, have no felony convictions, have not been found guilty of a misdemeanor involving the use or threat of physical force or violence within the last 5 years, not have 2 more DUIs within the last 5 years, not have a warrant or current case pending, cannot have been in drug treatment during the last 5 years, and you must have completed the required firearms training and class work. Applications are being taken online here.
If you have been charged because of the possession of an illegal weapon, contact Illegal Weapon Possession Lawyer, Michael Levinsohn, today.