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Illinois Weapons Law

Posted on in Criminal Defense

Illinois criminal attorney, Illinois defense lawyerControversial as the topic of gun control is right now, there is a constitutional right to bear arms. Illinois rates as a B+ for firearm safety regulations, which inevitably means that it is harder to own a firearm in Illinois than other states with lower scores. The higher standards exclude a significant portion of the population from the purchase of firearms. If you are eligible for gun ownership, there are limitations on the weapons you may possess. Citizens not following these regulations often face weapons charges.

Disqualifiers to Purchase

To legally purchase or otherwise own firearms or ammunitions, the Illinois Department of State Police (DSP) must issue a Firearm Owner’s Identification (FOID) card. The process necessary to obtain a FOID is designed to weed out unqualified individuals due to safety concerns to themselves or others. The limitations that may result in ineligibility are:

  • A person previously convicted of a felony in Illinois or elsewhere,
  • Someone under 21 years of age listed as a delinquent or has a misdemeanor conviction other than a traffic citation on their record,
  • Anyone addicted to narcotics,
  • An individual adjudicated as mentally challenged,
  • Anyone that has a mental state that presents a clear and present danger to themselves or others,
  • A citizen found developmentally challenged,
  • Anyone who lied on the FOID application,
  • Someone in the United States illegally,
  • An alien visiting using a non-immigrant visa,
  • Those who are not permanent residents of Illinois,
  • Anyone convicted within the last five years of battery, assault, aggravated assault, violation of an order of protection while using or possessing a firearm, and
  • Individuals that have ever been convicted of domestic battery or aggravated domestic battery.

Limitations

Once you have qualified for and received a FOID card, you are welcome to purchase a firearm for hunting or home defense purposes. However, there are limitations to ownership, prohibiting:

  • Machine guns,
  • Rifles with one or two barrels less than 16” in length, and
  • Shotguns with one or two barrels less than 18” in length.

Ownership or possession of a firearm that is illegal in Illinois can result in harsh punishments. However, it is a constitutional right to be able to protect yourself. If you or a loved one has been accused of a weapons crime, seek the assistance of an aggressive and proven lawyer. To discuss your situation with an Addison, IL criminal defense attorney, contact Stringini & Garvey, P.C. today at 630-834-9595 to schedule your free initial consultation. We proudly serve clients in Maywood, Glendale Heights, Lombard, Bloomingdale, and all surrounding Chicagoland areas.

 

Sources:

https://www.ispfsb.com/Public/FOID.aspx

http://www.isp.state.il.us/docs/ptfire.pdf


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