Although firearms dealers must abide by federal regulations, Illinois recently implemented legislation that requires dealers to attain licensing through the State of Illinois. If you own weapons, you should stay up-to-date on any changes in gun laws so that you avoid any charges for unlawful possession or use of a gun in the future. If you do face weapons charges, whatever the circumstances, speak with an experienced criminal defense attorney as soon as soon as possible to make sure your rights are protected.

2019 Illinois Firearms Dealers Licensing Legislation

Only a few days into J.B. Pritzker’s tenure as governor, he and his administration passed legislation that would require weapons dealers and retailers to attain additional licensing and certification from the State of Illinois. Governor Pritzker expressed a wish that this legislation would be the first in an ongoing campaign to establish stricter gun control in Illinois. 

Although some supporters of gun control suggested this law in the past, others viewed it just as unnecessary bureaucracy that would not affect gun violence in Illinois. However, Pritzker’s administration passed it because many people agree that federal regulators do not have the resources to keep tabs on every firearms dealer in the country as much as they wish they could. With State licensing, Illinois agencies can fill in some gaps and keep a closer eye on firearms dealers to prevent illegal sales and straw man purchases. The latter involves when someone who can legally purchase a firearm does so for someone who cannot. This is a significant cause for illegal possession and use of guns.

For firearms dealers to get the necessary State certifications, they must first be licensed by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. This was always the case, but now, dealers must submit a copy of this license to the Illinois State Police and pay no more than $1,500 for certification. To qualify for a State certification, retailers must equip their store with anti-theft measures, surveillance equipment, and an electronic inventory to help track purchases.

Contact a Will County Criminal Defense Lawyer

The penalties for unlawful possession or use of a weapon are strict in Illinois. For that reason, you need to prepare a rigorous defense to contest these serious charges. At the Law Offices of Tedone & Morton, P.C., we have years of experience representing clients in Illinois, and we will aggressively fight to have your charges diminished or eliminated altogether. To schedule a free consultation with our accomplished Joliet, IL criminal defense attorney, call our office today at 815-666-1285.

Source:  

https://www.governing.com/topics/public-justice-safety/tns-firearms-dealers-illinois-pritzker.html

Gun control is a hot topic these days, and gun laws throughout the country differ from state to state. It takes a long time to become eligible for a concealed carry license in Illinois. The state processes each applicant thoroughly to make sure weapons do not end up in the hands of dangerous people. Once they have their firearms license, some people think that they are free to carry a gun wherever they like, but this is not the case. It is important for Illinois gun owners to know there are certain places that are off-limits to guns, and most of them are clearly marked, so gun owners know to leave their firearm in their car or at home. In addition, punishments for weapons violations vary depending on the number of offenses against a person’s record.

Where Can I Purchase a Concealed Carry Firearm?

Illinois law allows citizens to purchase firearms from a licensed dealer or a private seller. Several steps must be taken when someone chooses to buy from a Federal Firearms Licensed Gun Dealership, such as the following:

• Customers must present a Firearm Owner’s Identification (FOID) card.

• Customers must verify local gun ordinances.

• Customers must pass a background check from the Illinois State Police.

• Customers must abide by the waiting period required by Illinois gun laws.

• After purchase, the gun must be unloaded and secured for transport.

Private sellers also have rules that they must obey any time they sell a firearm. The biggest difference between a federal dealer and a private dealer is that if an unlicensed customer requests the purchase of a firearm, the private seller must obtain approval from the Department of State Police before selling the gun.

What Places Are Off-Limits to Carry Concealed Firearms?

There are many places in which people can carry a firearm, including restaurants that serve alcohol, national parks, in a vehicle, and in a place of worship, unless an establishment is marked with a “no firearms” sign. However, Illinois does not allow guns in the following locations:

• On public transportation

• Roadside rest areas

• In or near schools, including school parking lots

• Public playgrounds or parks

• Government buildings

• Cook County forest preserves

• Private property

A first-time violation of carrying a weapon within a restricted area is punished as a Class B misdemeanor, while second and subsequent violations are elevated to Class A misdemeanors. Illinois State Police may suspend a gun license after two firearms offenses and permanently revoke a license for more than three weapons violations.

Contact a Joliet, IL Weapons Defense Lawyer

Part of the responsibility of owning a gun is knowing the laws pertaining to weapons. However, mistakes can happen, and a gun owner can be punished for an offense he or she did not intentionally commit. The skilled legal team at the Law Offices of Tedone & Morton, P.C. has experience defending against many different types of weapons charges. Our knowledgeable Will County criminal defense lawyers can make sure you do not lose your concealed carry license because of an oversight. To schedule a free consultation, call our office today at 815-666-1285.

Sources:

https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/il-gun-laws/#loc_res

https://www.isp.state.il.us/docs/firearms052104.pdf

http://concealedcarryandme.com/regulations-and-penalties/

It may be obvious that there are certain requirements a person must meet in order to own a firearm in Illinois, but a lot of people may not be aware that Illinois does not allow possession of certain bladed weapons. The state has a law prohibiting people from possessing, selling, and manufacturing a variety of weapons other than firearms. Depending on the circumstances, violators of this law could face felony weapons charges.

What Weapons Are Prohibited?

Illinois law states it is illegal for anyone to purchase, sell, and possess a very specific list of weapons including:

• Bludgeons

• Black-jacks

• Slung-shots

• Sand-clubs

• Sand-bags

• Metal knuckles

• Throwing stars

• Any types of knives

• Razors

• Stilettos

• Broken bottles

• Stun guns

• Tasers

These weapons cannot be carried in a vehicle or concealed anywhere on a person’s body unless that person is in his or her own home or has permission from a homeowner to be present in his or her dwelling place with the weapons. Firearms have the same rules, but guns cannot be possessed or concealed without a permit, and a person must have a Firearm Owner’s Identification (FOID) card.

What Are the Penalties for Illegal Weapons Use?

Anyone caught illegally carrying and/or using a non-firearm weapon will face a Class A misdemeanor penalty. If the illegal weapon is a firearm, the charges increase to Class 4 felony punishments. Further penalties may apply based on the circumstances of the offense and the location of the incident, including:

• A Class 3 felony applies to those who use a silencer on a firearm or to someone who manufactures or sells a rifle with one or more barrels less than 18 inches long.

• A Class 2 felony applies to those who manufacture, sell, or purchase an automatic machine gun. Punishments include a prison term of three to seven years. A Class X felony will apply if this type of gun is carried while loaded in the passenger compartment of a motor vehicle or on the person’s body.

• Subsequent offenders of most weapons crimes will be further charged with a Class 3 felony. Each separate weapon found in a person’s possession will result in individual charges.

Punishments are elevated when the violator is caught in possession of their illegal weapon on the grounds of a school (regardless of school hours), in a public park, or in a courthouse. Even if the weapon is not a firearm, the offender can still face Class 4 felony punishments.

The only persons exempt from these laws are police officers who must carry their weapons while on duty.

Contact a Joliet, IL Criminal Defense Attorney

Carrying a concealed weapon in public places can pose a danger to everyone, including the carrier. If you or someone you know have been accused of firearm or non-firearm weapons possession charges, you need a strong defense to clear your name. The lawyers from Tedone & Morton have experience defending against felony charges of illegal weapons usage. To schedule a free consultation with a Will County weapons charges defense lawyer, call our office today at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1

Thousands of people from across Illinois flocked to Chicago’s Navy Pier to see this year's fireworks show in celebration of the Fourth of July. However, the booms of the fireworks were not the only noise present throughout the city. According to a report from the Chicago Sun-Times, 16 people were shot and two were killed in violent crimes that occurred in and around the city on Independence Day. One potential reason for the high number of incidents may be the increased consumption of alcohol over the holiday weekend. Regardless of the time of year, Illinois has several rules for firearms that are meant to keep people in the state safe. Violations of these laws can result in being charged with a weapons crime.

Who Can Legally Own a Gun?

Anyone who wishes to own a gun for either home defense or concealed carry in Illinois must first apply for a Firearms’ Ownership Identification Card (FOID). The Illinois State Police are in charge of approving FOIDs, and there are several requirements that one must meet before legally owning a firearm:

• Must be 21 years old or over, unless there is consent from a parent or guardian. Minors under the age of 18 are not permitted to own a gun.

• Must not have been convicted of any felony.

• Must not be addicted to narcotics.

• Must not have been a patient in a mental institute within five years prior to the application.

• Must not be intellectually disabled.

• Must be a citizen of the United States.

Furthermore, there are steps that must be taken if gun owners want to carry a concealed weapon in Illinois. They must apply for a concealed carry license, pay a $150 fee, and attend 16 hours of training. A person with a valid concealed carry license will be allowed to carry a concealed weapon in most places; however, there are places where it is never legal to carry a weapon, including schools, libraries, parks, and government facilities.

What if I Am Caught Using an Unlicensed Firearm?

Depending on the nature of the crime, unlawful use of a firearm can be charged as either a misdemeanor or a felony in Illinois. Unlawful possession of firearms other than handguns or firearm ammunition is a Class A misdemeanor. The offender can face up to one year in prison, two years of probation, and up to $2,500 in fees.

Carrying a loaded gun is classified as aggravated unlawful use of a weapon. It is punishable as a Class 4 felony, and the offender can face up to three years in prison, 30 months of probation, and several fines. Possession of a stolen firearm is considered a Class 2 felony, resulting in jail time from three to seven years. The fine can be up to $25,000. Probation is possible for a Class 2 felony in Illinois.

Aggravated discharge of a firearm is a Class 1 felony, which carries a prison sentence up to 15 years and a fine up to $25,000. Furthermore, if a victim is injured or killed in an incident involving a firearm, the offender could also face charges such as manslaughter, assault, or even murder. Murder can result in a sentence of 20 years to life in prison.

Contact a Joliet, IL Criminal Defense Attorney

Illinois has specific laws regarding firearms, and gun owners must meet their requirements for obtaining a FOID or concealed carry license. Due to the prevalence of gun violence, weapons charges are taken very seriously, and unlicensed gun owners could face criminal consequences. If you are facing weapons charges of any kind, the first step you should take is to hire legal counsel. The Law Office of Tedone & Morton, P.C. can help build a strong defense on your behalf. To schedule a free consultation with a Will County weapons charge defense lawyer, call 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/072000050K24-1.htm

https://www.nraila.org/gun-laws/state-gun-laws/illinois/

https://chicago.suntimes.com/crime/2019/7/4/20682631/july-4-chicago-shootings-gun-violence

The United States Constitution indicates that Americans have “the right to bear arms,” but there are some situations that may hinder (or even outright eliminate) an individual's “right” to own, use, or carry a firearm. Since gun laws are made and enforced at the state level, these conditions can vary from one state to the next. Learn more about the consequences of breaking firearm laws in the state of Illinois, and discover how a seasoned criminal defense lawyer may be able to help.

What Constitutes Unlawful Possession of a Firearm in Illinois? 

In the state of Illinois, gun owners must possess a Firearm Owner's Identification Card, otherwise known as an FIOD. Without it, you risk being charged with unlawful possession of a firearm. Moreover, if you wish to carry a concealed weapon, you must also possess a permit for doing so. If you are caught with a concealed weapon and do not have one, you could face criminal charges. Other scenarios that may lead to criminal charges for unlawful possession of a firearm include:

• Being a minor (under age 18) in possession of a firearm of a size that may be concealed (even if you are not actively concealing it);
• Possessing a firearm or ammunition when you are under the age of 21 in and have a misdemeanor conviction of any kind (other than traffic offenses);
• Possessing a firearm or ammunition if you have been a mental institution patient within the last five years;
• Being a narcotic addict and having a firearm or ammunition in your possession;
• Possessing an explosive bullet or another prohibited weapon; and
• Possessing a firearm or ammunition when you have been convicted of a felony in any state.

Unlawful Possession of a Firearm - Examining the Consequences of a Conviction 

Depending on the situation, unlawful possession of a firearm may be classified as either a Class A misdemeanor or a Class 4 felony in the state of Illinois. Note that you can be charged with multiple counts of unlawful possession of a firearm - one for each gun or piece of ammunition that is found in your possession at the time of arrest. So, if you had one gun and seven bullets, you could be charged with as many as eight counts of unlawful possession of a firearm.

Consequences for a Class A misdemeanor charge can include up to a year in jail, two years of probation, and as much as $2,500 in fines and penalties. Unlawful possession felony convictions can result in up to three years in prison, 30 months of probation, and significant fines.

Criminal consequences should not be your only worry, however, as there are also what is known as collateral consequences for those who are convicted of unlawful possession of a firearm. These can include:

• Difficulty finding or retaining employment, due to your criminal record;
• Rejection of your application to certain colleges or universities;
• Difficulty obtaining financial aid if you are ever accepted to a college or university;
• Trouble qualifying for welfare, public assistance, or housing assistance programs; and
• Possible deportation if were not born as a U.S. citizen.

Contact Our Joliet Weapons Defense Attorneys for Aggressive Representation 

When facing criminal charges, it is important to know you can trust the attorney representing you. Backed by decades of experience and known as one of the most aggressive legal defense teams in the state, the Law Offices of Tedone and Morton, P.C. are the ones to contact. Schedule your consultation with our Plainfield weapons charges defense lawyers by calling 815-733-5350 today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1.1