720 ILCS 5/24-3.1
Unlawful Possession of Firearms and Firearms Ammunition
- Typically a Class 4 Felony
- 1-3 years in prison
- Fine up to $25,000
- Call for more details
Understanding Unlawful Possession of Firearms and Firearms Ammunition in Illinois
Unlawful possession of firearms and firearms ammunition is a significant offense in Illinois, carrying harsh penalties. The state has stringent laws regarding who can legally possess firearms and ammunition, and violations of these laws can lead to serious consequences. A conviction can result in imprisonment, heavy fines, and a permanent criminal record that can impact various aspects of your life.
What Constitutes Unlawful Possession of Firearms and Firearms Ammunition in Illinois?
Under Illinois law, unlawful possession of firearms and firearms ammunition is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/24-3.1. The offense occurs when an individual knowingly:
- Possesses a Firearm or Ammunition Without a Valid FOID Card: Illinois requires individuals to have a valid Firearm Owners Identification (FOID) card to legally possess firearms or ammunition.
- Possesses a Firearm as a Prohibited Person: Certain individuals, such as convicted felons, those with certain mental health conditions, or individuals under a certain age, are prohibited from possessing firearms or ammunition under state law.
Examples of Unlawful Possession of Firearms and Firearms Ammunition Under Illinois Law
Here are specific examples of unlawful possession of firearms and firearms ammunition as defined under Illinois law:
- Possessing a Handgun Without a FOID Card
- Statute: 720 ILCS 5/24-3.1(a)
- Description: An individual is found in possession of a handgun but does not have a valid FOID card, leading to charges of unlawful possession.
- Felon in Possession of Ammunition
- Statute: 720 ILCS 5/24-3.1(a)
- Description: A person with a prior felony conviction is found in possession of ammunition, violating state law prohibiting firearm or ammunition possession by felons.
Penalties for Unlawful Possession of Firearms and Firearms Ammunition in Illinois
The penalties for unlawful possession of firearms and firearms ammunition in Illinois are severe and can vary based on the circumstances of the offense. Potential penalties include:
- Class A Misdemeanor (for possession without a FOID card):
- Up to 1 year in jail
- Fines of up to $2,500
- Class 3 Felony (for possession by a felon or other prohibited person):
- 2 to 5 years in prison
- Fines of up to $25,000
In addition to these legal penalties, a conviction can lead to a permanent criminal record, affecting future employment, housing, and other opportunities.
Why Choosing Andrew M. Weisberg is Essential for Your Defense
Facing charges of unlawful possession of firearms or firearms ammunition is a serious matter that requires an experienced defense attorney. Here’s why Andrew M. Weisberg is the defense attorney you need:
- Comprehensive Knowledge of Illinois Firearm Laws: Andrew M. Weisberg has a deep understanding of Illinois’ complex firearm laws, including those related to unlawful possession. His background as a former Cook County prosecutor gives him insight into how these cases are prosecuted, enabling him to develop strong defense strategies.
- Tailored Defense Strategies: Mr. Weisberg carefully examines the details of your case to identify any weaknesses in the prosecution’s evidence. He tailors his defense strategies to your specific situation, aiming for the best possible outcome.
- Aggressive Courtroom Advocacy: Known for his assertive courtroom presence, Mr. Weisberg is committed to fighting for your rights, whether through negotiating a favorable plea or challenging the evidence at trial.
- Compassionate and Confidential Client Support: Facing criminal charges can be overwhelming, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that you are fully informed and supported every step of the way.
Contact Andrew M. Weisberg for a free consultation to discuss your unlawful possession of firearms or firearms ammunition case and learn how he can help protect your rights and fight for the best possible outcome.