Chicago Gun Lawyer

Gun Defense Attorney In Chicago

Illinois has one of the harshest gun penalties in the country. This is especially true in Cook County, where in Chicago, the enforcement of Illinois gun charges is prosecuted to the maximum extent of the law. Penalties for weapon possession vary and can range anywhere from a Misdemeanor to a Class X Felony. Sentencing can include supervision, probation, and even prison time, up to 30 years. If you are arrested for a gun case, contact an experienced gun defense attorney in Chicago, Mitch Furman, immediately. (312) 236-7078

Illinois Assault Weapons Ban (PICA): 2026 Update

In July 2026, the U.S. Court of Appeals for the Seventh Circuit upheld the Protect Illinois Communities Act (PICA) in a 2-1 ruling, keeping Illinois’ ban on assault weapons and high-capacity magazines fully in effect. A challenge to the U.S. Supreme Court remains possible, but for now the law stands and is being actively enforced.

PICA restricts the sale, delivery, and possession of firearms defined as “assault weapons” — generally semiautomatic rifles, pistols, and shotguns with features such as pistol grips, folding stocks, or flash suppressors — along with magazines exceeding 10 rounds for long guns or 15 rounds for handguns. Owners who legally possessed a qualifying firearm before the law took effect were required to complete an endorsement affidavit with the Illinois State Police by January 1, 2024. Failing to register, or possessing a banned weapon or magazine acquired afterward, can expose you to criminal charges ranging from a Class A misdemeanor to a Class 3 or Class 4 felony, depending on the circumstances.

If you are unsure whether a firearm in your possession is affected by PICA, or you have been charged in connection with the assault weapons ban, contact our office before speaking with investigators.

New 2026 Illinois Safe Storage Law

Illinois’ Safe Gun Storage Act (Public Act 104-0031) took effect January 1, 2026, and creates a new way gun owners can face charges. The law requires firearms to be stored securely — in a locked container or rendered inoperable — anywhere a person reasonably knows a minor under 18, someone legally prohibited from possessing a firearm, or a person at risk of suicide or harming others could gain access. Carrying the firearm on your person or keeping it under your direct control still counts as lawful storage.

A first violation carries a civil penalty of up to $500. If someone gains access to an improperly stored firearm and it results in injury or a crime, the penalty increases to as much as $10,000, and the case can become part of a larger criminal investigation. The law also shortened the window to report a lost or stolen firearm from 72 hours to 48 hours.

Storage violations increasingly come up alongside other weapons charges, particularly in cases involving a household member, a domestic incident, or a minor’s access to a firearm. If you are facing a storage-related charge on its own or combined with another gun offense, it is worth having it reviewed by an attorney familiar with both statutes.

Owning a Gun In Chicago

Illinois law provides that if you are over 21 and do not have any felony convictions, you can apply for a Firearm Owner Identification (FOID) card. The application process involves the Illinois State Police (ISP) running a background check and determining that no issues preclude you from owning a gun. Having a FOID card will enable you to purchase and own a firearm for personal protection in your home.

You must follow specific rules to have a gun outside your house. For example, if you have a FOID card and want to take your gun to a shooting range, you must transport your firearm in a case with the ammunition carried separately in another case from the weapon.

If you want to be able to carry a loaded weapon on you for personal protection outside of your home, you must have a Concealed Carry License (CCL). To obtain a CCL, you must be over 21, possess a valid FOID card, complete necessary training, and have a clean background. Only If you have a CCL are you allowed to have a loaded gun in your possession while outside your home. Otherwise, you violate Illinois Gun Laws.

Types Of Firearm Possession Charges In Illinois

In Illinois, there are various types of firearm charges that individuals may face, ranging from misdemeanors to serious felonies. Knowing the law regarding these charges and their implications is crucial, especially for gun owners or those who are considering purchasing a firearm. Here are the most common types of weapon charges in Illinois.

Unlawful Use Of Weapon - (UUW)

The less serious Illinois gun law violations are 720 ILCS 5/24-1 and the unlawful use of weapons (UUW). This gun charge is usually a Class A Misdemeanor and is probationable. Probation means a person is not required to serve jail time. However, under the law, the judge can impose a jail sentence of up to a year and a maximum fine of $2,500.00 if you have a UUW gun case; contact Aggressive Chicago Defense Gun Lawyer Mitch Furman.

Aggravated Unlawful Use Of Weapon - (AGGUUW)

The more serious and most common gun charge in Chicago is Aggravated Unlawful Use of Weapons (AGGUUW). In Chicago, many arrests for AGGUUW happen after a traffic stop. Where the gun is found and the driver does not have a CCL, If you are arrested and charged with AGGUUW, then you are facing a Class 4 felony charge, punishable by jail time of 1 to 3 years and a maximum fine of $25,000.00. Under the current law, if you are found guilty of AGGUUW, the judge must give you a minimum jail sentence of 1 year. At Law Offices of Mitch Furman, we take gun cases seriously. Even if you are charged with AGGUU, we can take steps to avoid jail time.

Unlawful Use Of Weapon By Felon - (UUWF)

If you are arrested and charged with Unlawful Use of Weapon by Felon, (UUWF) or Unlawful Possession of Weapon by Felon, (UPWF), then you are either facing a Class 3 Felony or Class 2 Felony charge, depending on your background. For instance, if you have a non-violent Class 4 Felony in your background, you will most likely be charged with Class 3 Felony, punishable by 2 to 10 years in prison. On the other hand, if you have previously been convicted of a forcible felony, you will most likely be charged with a Class 2 Felony, punishable by 3 to 14 years in the penitentiary. It is essential to contact Chicago Premier Gun Defense Attorney Mitch Furman to discuss the best strategy for your defense.

Armed Habitual Criminal

Illinois Armed Habitual Criminal statute is a Class X Felony and imposes the harshest penalties possible. To be convicted under the Armed Habitual Statute, the prosecution must prove that the accused has been previously convicted of 2 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 is punishable as a Class 3 Felony or higher. If you are convicted under the Illinois Armed Habitual Criminal Statute, the judge must impose prison time and have the discretion to sentence you anywhere from 6 to 30 years. If you are arrested and charged with an Armed Habitual Criminal case, contact an experienced gun lawyer in Chicago, Law Offices of Mitch Furman.

Armed Violence

The Illinois Armed Violence statute is codified under 720 ILCS 5/33A-2. Under the Illinois criminal code, an Armed Violence offense occurs when a person commits a felony offense while armed with a dangerous weapon. Additionally, criminal charges may be brought against a person for Armed Violence if they discharge a Category I or Category II firearm while committing another felony.

A Category I weapon includes handguns, sawed-off rifles, shotguns, or other concealable firearms. Category II weapons consist of rifles, shotguns, stun guns, or tasers. Armed violence is classified as a Class X felony.

In Illinois, the punishment for a conviction of a Class X criminal offense is 6 to 30 years in prison. However, the punishment for using a Class I weapon can result in an enhanced sentence and range from 15 to 30 years in prison if the discharge of a weapon results in bodily harm, disfigurement, or death.

Unlawful Possession Of A Firearm By A Street Gang Member

Under Illinois law, specifically 720 ILCS 5/24-1.8, unlawful possession of a firearm by a street gang member is a serious offense that carries harsh penalties. This law applies to individuals who are identified as a member of a street gang and are found in possession of a firearm. The mere association with a gang can result in legal repercussions when a firearm is involved, highlighting the State’s aggressive stance on combating gun violence linked to gang activity.

This offense is classified as a Class 2 felony, which means that if convicted, defendants face a potential sentence of 3 to 7 years in prison. Certain circumstances can elevate the severity of the punishment.

For instance, if the possessed firearm is classified as a machine gun or is used in the commission of a crime, the penalties could increase significantly, possibly including mandatory minimum terms of imprisonment.

Possession Of Stolen Firearm

Under 720 ILCS 5/24-3.8, possessing a stolen firearm is a serious gun crime in Illinois. This law defines a stolen firearm as any firearm reported stolen or otherwise illegally obtained.
This offense is a Class 2 felony. To sustain a conviction for possession of a stolen firearm, the prosecutor must prove that the defendant knew the gun was stolen or converted.

The underlying offense provides that the trier of fact may infer that a person who possesses a firearm with knowledge that its serial number has been removed or altered knows the gun was stolen or converted.

If convicted for this gun offense, the penalties can include 3 to 7 years of imprisonment, possibly extending sentences based on prior convictions or aggravating factors.
For instance, if the firearm in question was used to commit another crime, such as robbery or other violent crime, additional charges may be filed, leading to severe penalties.

Possession Of A Machine Gun Or Sawed-Off Shotgun Or Rifle

Illinois has strict laws governing the possession of machine guns, sawed-off shotguns, and rifles, reflecting the State’s commitment to preventing gun violence. Under 720 ILCS 5/24-1(a)(7), a machine gun is defined as any weapon that shoots more than one shot without manually reloading by a single trigger function.

A sawed-off shotgun is defined as a shotgun with a barrel less than 18 inches long, while a sawed-off rifle features a barrel less than 16 inches. Possessing these weapons without proper permits or registrations is taken very seriously and is classified as a Class 3 felony.

Defacing Identification Marks Of Firearms

Defacing identification marks of firearms is another serious offense under Illinois law, specifically outlined in 720 ILCS 5/24-5. This law makes it illegal to intentionally remove, alter, or destroy a firearm’s serial number or any other identifying information.

Identification marks are crucial as they help trace the ownership and history of a gun, and any tampering with these marks undermines the legal system and spreads potential criminal activity.

If a firearm is found with defaced identification marks, its possession could lead to criminal charges. This act is classified as a Class 2 felony, which carries significant penalties, including possible imprisonment ranging from 3 to 7 years.

Moreover, if the individual possessing the firearm cannot provide a legitimate explanation for the defacing, they may be presumed to have committed this crime.

Ghost Guns

In recent years, the proliferation of “ghost guns” has raised concerns for law enforcement and policymakers alike. Ghost guns are typically assembled from kits or 3D-printed parts and lack serial numbers, making them difficult to trace.

Illinois law is beginning to adapt to the challenges posed by these weapons. Under new regulations, 720 ILCS 5/24-5.1, individuals who wish to construct firearms must adhere to specific guidelines, including obtaining proper permits and ensuring all components are traceable.

Possession or development of ghost guns without compliance with state laws can lead to significant legal repercussions. In Illinois, individuals unlawfully manufacturing or possessing ghost guns can face charges similar to those for possessing illegal firearms.

Given the increased scrutiny of such weapons, it is crucial for anyone caught in this situation to seek legal representation from a qualified Chicago gun lawyer.

Types Of Firearm Use Charges In Illinois

In addition to weapons charges, which involve possession, transportation, and carrying of guns, the most common weapon charges demanding the harshest penalties often include instances when the weapon is brandished or fired.

These firearm-related offenses will often include Reckless Discharge of a Firearm, Aggravated Battery with a Firearm, and Aggravated Vehicular Hijacking.

Reckless Discharge Of A Firearm

Reckless discharge of a firearm 720 ILCS 5/24-1.5 is a serious offense in Illinois that involves discharging a gun in a manner that shows a disregard for the safety of others. This can occur in various scenarios, such as firing a weapon into the air or toward a structure without regard for who might be nearby.

Under Illinois law, this offense is classified as a Class 4 felony, which may lead to penalties including a fine of up to $25,000 and imprisonment for 1 to 3 years.

Factors such as the context of the discharge, any resulting injuries, or prior criminal history can further elevate the severity of the charge, potentially resulting in harsher consequences. It’s essential for anyone facing such charges to consult with a skilled Chicago gun lawyer, Law Offices of Mitch Furman, who can analyze the specifics of the case and explore potential defenses.

Aggravated Discharge Of A Firearm

Aggravated discharge of a firearm, outlined in 720 ILCS 5/24-1.2, is another serious charge that escalates the penalties associated with a reckless discharge. This offense occurs when an individual knowingly discharges a firearm at an occupied vehicle or building, or towards another person, regardless of whether anyone is injured. It’s considered a Class 1 felony, with severe penalties, including a prison sentence of 4 to 15 years and hefty fines.

The distinguishing factor of aggravated discharge compared to simple reckless discharge is whether the accused fired the gun in the direction of another person. Prosecutors will likely pursue this charge vigorously, mainly if the incident involves bystanders or recklessly endangers lives. As such, facing this charge requires immediate and experienced legal representation.

A knowledgeable Chicago gun lawyer can meticulously examine the evidence, question witness testimonies, and construct a defense strategy to minimize the potential consequences.

Aggravated Battery with a Firearm

Aggravated battery with a firearm, 720 ILCS 5/12-3.05(e)(1), is another serious charge that results from knowingly or intentionally causing bodily harm to another person while using a firearm.

This charge is classified as a Class X felony in Illinois, which carries severe penalties, including a mandatory minimum prison sentence that can range from 6 to 30 years, depending on the specific circumstances of the case, such as the severity of the injuries inflicted and whether the defendant discharged the firearm during the commission of the offense.

In cases where the victim suffers great bodily harm or permanent disability, the penalties can be enhanced.

Aggravated Hijacking With Firearm

Aggravated hijacking with a firearm is one of the most serious offenses in Illinois, classified as a Class X felony. Under 720 ILCS 5/18-4(a)(4),(5)&(6), the charge implies that the individual has not only committed vehicular hijacking but has also employed a firearm in the process by either carrying or discharging the gun.

Additionally, if the victim sustains great bodily harm, permanent disability, or disfigurement, charges will be enhanced and result in lengthy prison sentences. Enhanced penalties for aggravated hijacking can include a mandatory prison sentence of 6 years and can potentially lead to a life sentence without a chance of parole.

Types Of Firearm Concealed Carry Act Violation In Illinois

Under 430 ILCS 66/1, the Illinois Concealed Carry Act, an individual allowed to carry a concealed firearm is entrusted with much responsibility. Persons who do not follow the black letter law or abuse the carry permit privilege face severe repercussions.

Common Concealed Carry Act Violations include carrying a concealed firearm while under the influence of alcohol or drugs, carrying a gun in prohibited areas, and having an order of protection entered against you.

Carrying A Concealed Firearm While Under The Influence Of Alcohol Or Drugs

Under Section 430 ILCS 66/70(d), it is illegal to carry a concealed firearm while under the influence of alcohol or drugs. This statute aims to ensure public safety by preventing individuals who are impaired from making critical decisions regarding the use of their firearms.

The law defines being “under the influence” as having a blood alcohol concentration (BAC) of 0.08% or higher or being affected by drug use to a degree that compromises the individual’s ability to handle a firearm safely.

The penalties for violating the Concealed Carry Act, especially for carrying a firearm while under the influence, are serious. Offenders may face misdemeanor charges, fines, community service, or incarceration.

More severely, repeat offenders or those found to have compounded their offenses with other infractions can face felony charges, which carry stiffer penalties such as mandatory imprisonment, loss of firearm ownership rights, and significant legal fees.

Carrying A Firearm In Prohibited Areas

Under 430 ILCS 66/65, specific locations are designated as prohibited areas where carrying a concealed firearm is prohibited. These include schools, government buildings, public transportation, public parks, and locations where large gatherings occur, such as sports venues or concerts.

Carrying a concealed firearm in any of these areas is a violation of the law, and the penalties can be severe.

Possession Of A Firearm With An Order Of Protection

Another significant violation under the Concealed Carry Act occurs under 430 ILCS 66/70(b) when an individual possesses a firearm with an active order of protection against them. This regulation places the safety of potential victims as a priority and reflects the State’s commitment to preventing domestic violence and related incidents.

What To Do If You're Arrested For A Gun Charge In Chicago

Gun cases in Cook County often begin with a traffic stop, a street stop, or a search of a home or vehicle. What happens in those first moments, and in the days that follow, can shape the outcome of your entire case.

You have the right to remain silent and the right to an attorney. Exercise both. Statements made at the scene, even ones meant to explain or clarify, are frequently used by prosecutors to establish possession or intent. Do not consent to a search, and do not try to talk your way out of an arrest.

A central issue in many weapons cases is whether police had lawful grounds to stop, search, or seize evidence in the first place. If your Fourth Amendment rights were violated, through an improper stop, an unlawful search, or a defective warrant, the firearm and any related evidence may be suppressed, which can be the difference between a conviction and a dismissal. As your Chicago gun lawyer, I review every police report, bodycam recording, and search justification for exactly this kind of weakness before we discuss any plea.

Importance Of Legal Representation

Given the high stakes involved in the possession of firearms cases, retaining the services of a highly skilled criminal defense lawyer, Law Offices of Mitch Furman, is critical. Our team of experienced attorneys will explore and explain your options in building a defense strategy for your firearms case. When you contact our legal counsel, our firm will provide a free initial consultation and ensure you receive the best legal representation possible.

What is the difference between a FOID card and a CCL in Illinois?

A FOID (Firearm Owner Identification) card allows an Illinois resident to legally purchase and possess firearms and ammunition within their home. A CCL (Concealed Carry License) is a separate permit that allows a FOID cardholder to carry a loaded, concealed handgun in public, provided they meet specific training and background requirements. Carrying a loaded weapon in public without a valid CCL is a violation of Illinois gun laws.

What are the penalties for Aggravated Unlawful Use of a Weapon (AGGUUW)?

In Chicago, AGGUUW is typically charged as a Class 4 felony. If convicted, you face a prison sentence of 1 to 3 yearsand fines up to $25,000. It is important to note that under current Illinois law, many AGGUUW convictions carry a mandatory minimum jail sentence of one year, though an experienced attorney can often explore strategies to avoid or mitigate this time.

Can I be charged with a felony for a "Ghost Gun" in Chicago?

Yes. Under recent Illinois regulations (720 ILCS 5/24-5.1), manufacturing or possessing untraceable "ghost guns"—firearms without serial numbers often made from 3D printers or kits—is illegal. Unlawful possession of these weapons can lead to serious felony charges similar to those for possessing other illegal firearms.

What is the "Armed Habitual Criminal" statute?

The Armed Habitual Criminal charge is a Class X felony, the most severe category in Illinois. It applies to individuals found in possession of a firearm who have two or more prior convictions for specific "forcible felonies," such as carjacking, aggravated battery, or serious drug offenses. A conviction under this statute carries a mandatory prison sentence ranging from 6 to 30 years.

Is Reckless Discharge of a Firearm a felony in Illinois?

Yes, Reckless Discharge of a Firearm (720 ILCS 5/24-1.5) is classified as a Class 4 felony. This charge applies if you discharge a weapon in a manner that endangers the safety of others, such as firing into the air or toward a building. Penalties include 1 to 3 years in prison and significant fines.

Can I lose my Concealed Carry License if I have an Order of Protection?

Yes. Under the Illinois Concealed Carry Act (430 ILCS 66/70(b)), having an active Order of Protection against you is a major violation. This is part of the State’s commitment to preventing domestic violence, and it will result in the suspension or revocation of your carry privileges and potential criminal charges if you remain in possession of a firearm.

Is the Illinois assault weapons ban still in effect in 2026?

Yes. In July 2026, the Seventh Circuit Court of Appeals upheld the Protect Illinois Communities Act (PICA) in a 2-1 ruling, so the ban on assault weapons and high-capacity magazines remains fully enforceable. A U.S. Supreme Court appeal is possible, but the law is in effect now.

What happens if I don't store my gun securely under the new 2026 law?

Under the Illinois Safe Gun Storage Act, effective January 1, 2026, a first violation carries a civil penalty of up to $500. If a minor, prohibited person, or at-risk individual accesses an improperly stored firearm and it leads to injury or a crime, the penalty can reach $10,000 and may factor into a related criminal case.

Do you need a Chicago gun crime defense attorney? Contact Chicago Premier Criminal Defense Attorney, Law Offices of Mitch Furman, today so that I can start on your defense immediately! (312) 236-7078.

Courthouses we often appear at are located at:

Cook County

George N. Leighton Criminal Court Building, 2600 S California Avenue, Chicago, IL.
Skokie Courthouse, 2nd District, Cook County. Located at 5600 Old Orchard Rd., Skokie, IL.
Rolling Meadows Courthouse, 3rd District, Cook County. Located at 2121 Euclid Ave., Rolling Meadows, IL.
Maywood Courthouse, 4th District, Cook County. Located at 1311 Maybrook Dr, Maywood, IL.
Bridgeview Courthouse, 5th District, Cook County. Located at 10220 S 76th Ave., Bridgeview, IL.
Markham Courthouse, 6th District, Cook County. Located at 16501 Kedzie Ave, Markham, IL.
Branch 23 & 29 5555 W. Grand Ave., Chicago, IL.
Branch 35 & 38 727 E. 111th St., Chicago, IL.
Branch 43 & 44 3150 W. Flournoy St., Chicago, IL.
Domestic Violence Courthouse 555 W. Harrison St., Chicago, IL
Cook County Juvenile Center 2245 W. Ogden Avenue, Chicago, IL

DuPage County

DuPage County Court, 505 N County Farm Rd, Wheaton, IL 60187

Will County

Will County Court, 100 W. Jefferson Street, Joliet, IL 60432