Illinois state laws are very strict regarding the use of a weapon, specifically firearms. The Second Amendment provides the right for every person to bear arms, although in Illinois, it is often illegal to carry a loaded gun. This offense is known as unlawful use of a weapon (UUW). Violating this state law can result in a misdemeanor or felony. An Illinois state attorney can provide you with the legal assistance and guidance if you are facing criminal charges. If you are facing charges, contact a Chicago attorney at Goldman & Associates for legal advice on your case.
Illinois State Law
Under Illinois State Law, pursuant to 720 Ill. Comp. Stat. Ann. 5/24-1, a person has committed the offense of unlawful use of a weapon when the defendant knowingly:
Sells, manufactures, purchases, or possesses a weapon such as a(n):
- Metal knuckles;
- Other knuckle weapon;
- Throwing star; or
- Switchblade knife, which opens automatically.
Carries or possesses a(n):
- Dangerous knife;
- Broken bottle, or other piece of glass;
- Stun gun; or
Carries with him on person or in vehicle:
- Tear gas gun; or
- Bomb containing noxious liquid gas or substance.
Carries or possesses in any vehicle or concealed on person:
- Stun gun;
- Taser; or
- Other firearm.
Exceptions of Unlawful Use of a Weapon:
For firearms, including a pistol, revolver, stun gun or taser, the individual may carry or possess a concealed weapon in:
- His or her own abode;
- Legal dwelling;
- Fixed place of business; or
- Land or in the legal dwelling of another person as an invitee with that person’s permission.
Punishment if Found Guilty
Illinois requires the individual to possess a valid Firearm Owner’s Identification Card. Without this form of authorization, or carrying the weapon illegally, the defendant may face very serious consequences.
Some of these charges misdemeanors, which can result in a prison time up to one year along with a fine. Conversely, many of these violations are considered felonies.
Depending on your specific case, a charge of an unlawful use of a weapon can be:
- Class 4 Felony: 1 to 3 years in prison
- Class 3 Felony: 2 to 5 years in prison
- Class 2 Felony: 3 to 7 years in prison
Contact an Attorney Today
If you are facing criminal prosecution for any gun-related crime, Goldman & Associates can help. Our experienced Chicago attorneys will ensure your rights are protected in your case. Contact us today.