Law Offices of Tedone and Morton, P.C.

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815-666-1285

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Plainfield, IL criminal defense attorney weapons charges

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

 

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Plainfield, IL gun charges defense attorney

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/

 

Plainfield, IL weapons crime defense attorney

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

 

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