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Illinois Concealed Weapons

Thursday, May 15th, 2014 at 3:50am

Illinois Concealed Weapon Law

Not until the year 2012, the law in Illinois forbid any citizen to carry a gun or any firearm either openly or concealed, outside his or her home. This law was struck down by a federal appellate, because it found out that the law violated the second Amendment in the case of Moore v. Madigan and the state was given 180 days to amend the this law. Illinois passed another law in 2013, which allows people to carry concealed weapons with a permit outside their homes.

Before a concealed weapon license can be obtained, the applicant must have obtained a Firearm Owner’s Identification (FOID) card, or must qualify to be given one and should be in the process of applying for the card. Furthermore, the applicant must give in to a background check, and must have never been convicted of any criminal act, and/or an offence involving violence within the past five years of application. The people who are not permitted to obtain a license or even possess a gun in Illinois are:

  • not citizens of U.S. or legal residents
  • less than 18 years of age
  • less than 21 years of age and has no parental consent or parent who is qualified for obtaining a FOID card
  • unqualified to own a firearm under the U.S. federal law
  • convicted felon
  • mentally defective
  • mentally impaired or intellectually disabled
  • minors that was convicted of certain crimes that would be counted as felony, if it was committed by an adult, or have been adjudged felonious
  • addicted to certain controlled substances

It is a Class A offence for someone to own a weapon without having a FOID card, when the person is otherwise qualified to get a FOID card. Any violator will either be fined up to $2500 or jailed for up to one year, and can be both. A second violation or subsequent one is a Class 4 felony, which will attract at least one year (and up to three years) jail term, or a fine up to $25000 and can be both.

It is a Class 3 offence for someone to own a weapon without having a FOID card, when the person is not otherwise qualified to get a FOID card. Any violator will either be fined up to $25000 or jailed for at least two years (and up to five years) and can be both. A third violation or subsequent one is a Class 1 felony, which will attract at least six year (up to thirty years) jail term or a fine up to $25000, and can be both.

It is a serious offence for anyone to violate the firearm carry laws, and most times the fines are high and the jail sentences are long. It is appropriate to seek the help of lawyers in knowing more about carrying a gun in Chicago or Illinois. Goldman & Associates can help you if you are facing charges for violating a gun carry law.

Posted in Gun Charges