Maywood, IL Weapons Charge Attorneys
Felony Weapons Crime Lawyers in Northern Illinois
Two worlds collide in these situations, such as the constitutional right to bear arms, must be balanced against the states power to regulate in this area. Until 2013, Illinois law basically prohibited carrying any weapon at any time outside a persons own residence. The laws are less strict now, but only marginally so. Possession of any prohibited weapon, whether it be a firearm, knife, blackjack, brass knuckles, or some other item, is nearly always a serious felony. Persons caught with ammunition, a silencer, or other device are also subject to harsh penalties.
The experienced attorneys at Stringini & Garvey, P.C. are on your side, and we see our role as more than an advocate. We take as much time as necessary to meet with you, answer all your questions, and understand your objectives in a particular situation. Then, while the case is in progress, we promptly respond to your emails and phone calls, so you are never in the dark.
Essentially, anything that has the potential to inflict harm on another person is a prohibited weapon in Illinois, at least in some circumstances. The complete list, which includes a wide array of dangerous weapons, can be found in Illinois Statute 720 ILCS 24-1.
For a first offense, simple possession of a weapon is a Class A misdemeanor that carries a maximum one year in jail and $2,500 fine. A second offense, or one committed while wearing a mask, inside an establishment that sells liquor, or within 1,000 feet of a courthouse, public housing complex, school, or park is a Class 4 felony with a maximum sentence of two to six years and $25,000 fine.
Other offenses in this category include possession of a sawed-off shotgun (Class 3 felony), machine gun (Class 2 felony), explosive device (Class 3 felony), and silencer (Class 3 felony).
The statutory defenses which are set out in Section 24-1(a)(4) are:
- Non-Functioning Weapon: The blade must be so dull that it cannot cut anything, or the gun must be so broken down that it cannot be repaired without a gunsmith.
- Not Immediately Accessible: A pistol in a glove box is accessible, but a pistol in a locked glove box, if the defendant did not have the key, is probably inaccessible.
- Unloaded: The gun must also be encased in a box or other compartment, as if for shipping or permanent storage.
- Permit: Not all gun dealers issue an identification card, and there are other problem areas as well.
A plea to misdemeanor reckless conduct is also an option, especially in felony weapons possession cases.
If you are facing weapons charges in DuPage County, Cook County, or a nearby jurisdiction, contact Stringini & Garvey, P.C. at 630-834-9595. Our senior attorneys have over 65 years of combined experience helping clients throughout Northern Illinois.