Weapons Charge Lawyer in DeKalb County, IL
Different Types of Weapons Charge in Illinois
Illinois imposes some of the strictest penalties for gun-related offenses in the United States. The consequences for weapon possession vary, ranging from Misdemeanor to a Class X Felony. Possible sentences may involve supervision, probation, or even imprisonment for up to 30 years.
Unlawful Use of a Weapon
The situations that specifically form the grounds for an unlawful use charge
- Previous felony conviction when the accused was a juvenile
- Unlawful possession of a handgun when under the age of 21
- Possession during misdemeanor drug offenses under federal law
- Loaded weapon that is immediately accessible in your car
- No valid firearm owner ID card (FOIC)
- Unloaded firearm with ammo readily available in a vehicle
- Gang-related activity
- Accused subject to a current protective order
- Possession during commission of a violent misdemeanor (e.g. domestic violence)




Unlawful Use / Possession of a Firearm by a Felon
If you have been convicted of a felony you cannot be in possession of a gun in Illinois. If you are a convicted felon and you are caught with a gun, you will be charged with Unlawful Use of a Firearm by a Felon. You don’t need to actively use the gun; merely having possession of the firearm is sufficient to be charged with the unlawful use of a firearm. For instance, if you are a convicted felon and are found with a gun, it doesn’t matter if the gun was in your home or if it belonged to someone else. Simply residing in a home where the gun is present is adequate for being considered guilty under the Unlawful Use of a Weapon by a Felon statute in Illinois.
Armed Violence
Armed Habitual Criminal
A criminal offense for an individual with a minimum of two convictions of specific types to possess, sell, receive, or transfer a firearm.
- two or more forcible felonies
- unlawful use of a weapon by a felon
- aggravated unlawful use of a weapon
- aggravated discharge of a firearm
- vehicular hijacking
- aggravated vehicular hijacking
- aggravated battery of a child
- or any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that carries a punishment of a Class 3 Felony or higher.
Aggravated Discharge
The unsafe discharge of a firearm under specific circumstances. This charge applies when a firearm is discharged in a manner that poses an extreme risk. Factors defining this hazardous act include:
- Firing at Others
- Firing into a Vehicle or Structure
- Use of a Silencer


Consultation
Whether you’re prepared to take action or just want to explore your options, reach out to us for a free consultation.