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What Is The Charge For Having a Gun in Chicago?

Chicago Gun Lawyer

If you find yourself facing charges for possessing a gun in Chicago, it is essential to seek the assistance of a knowledgeable and experienced Chicago gun lawyer. The laws surrounding firearms in the city can be complex, and having a skilled attorney by your side can make a significant difference in the outcome of your case.

A Chicago Premier Attorney, Mitch Furman, has a deep understanding of local firearm regulations and will be well-versed in defending his clients in gun-related cases. He will analyze the specific circumstances of your arrest, gather evidence, and build a strong defense strategy tailored to your situation.

At Law Offices of Mitch Furman our role goes beyond just defending you in court. We can guide you through the entire legal process, explaining your rights and options every step of the way. We will be your advocate, ensuring your voice is heard, and your rights are protected.

Owning a Gun In Chicago

Owning a gun in Chicago comes with specific legal requirements and restrictions. It is crucial to understand and abide by these regulations to avoid any potential charges or legal consequences. Here are some important points to keep in mind:

  1. Firearm Owner’s Identification (FOID) Card: In Illinois, anyone who wishes to own a gun must possess a valid FOID card. This card serves as proof that you have passed a background check and are legally eligible to own a firearm. Failure to have a valid FOID card while in possession of a firearm can result in serious charges.
  1. Concealed Carry License (CCL): If you plan to carry a concealed firearm in Chicago, you must obtain a Concealed Carry License. This license requires additional training and background checks beyond the requirements for a FOID card. Carrying a concealed weapon without a valid CCL can lead to criminal charges.
  2. Prohibited Areas: Chicago has certain designated areas where firearms are strictly prohibited. These places may include schools, government buildings, public transportation, and various other premises. It is crucial to familiarize yourself with the specific locations where carrying a firearm is forbidden to avoid potential legal issues.

When facing gun charges in Chicago, the penalties can vary depending on several factors. These may include the type of firearm involved, any prior criminal record, and the specific circumstances of the alleged offense. These charges may include;

Unlawful Use of a Weapon (UUW):

The charge of Unlawful Use of a Weapon (UUW) is a common offense related to firearm possession in Chicago. Under Illinois law, UUW encompasses a wide range of violations, including carrying a concealed firearm without a valid license, carrying a loaded firearm in public, or possessing a firearm while committing certain crimes.

The penalties for UUW can depend on the specific circumstances of the offense and the defendant’s prior criminal record. A first-time offense for UUW is typically considered a Class A misdemeanor, punishable by up to one year of imprisonment and/or fines of up to $2,500. However, subsequent UUW convictions can result in more severe penalties, including felony charges and increased prison sentences.

Aggravated Unlawful Use of Weapon - (AGGUUW)

Aggravated Unlawful Use of a Weapon (AGGUUW) is a serious offense in Chicago and can lead to severe penalties. This charge is applicable in cases where an individual possesses a firearm under specific circumstances that are considered aggravating factors. Some examples of aggravating factors include:

  1. Carrying a loaded firearm in certain prohibited areas, such as schools, parks, and government buildings.
  1. Possessing a firearm during the commission of a crime, such as a drug offense or robbery.
  1. Being a convicted felon in possession of a firearm.
  1. Possessing a firearm with a defaced or altered serial number.

The penalties for AGGUUW can vary depending on the specific circumstances of the case and the offender’s criminal history. Generally, AGGUUW is considered a felony offense, which can result in imprisonment, heavy fines, probation, or a combination of these punishments.

It is important to note that even if an individual has a valid Firearm Owner’s Identification (FOID) card or Concealed Carry License (CCL), they can still face charges if they violate specific laws or possess a firearm in prohibited areas. The specifics of AGGUUW charges can be complex, and each case carries its own challenges.

Unlawful Use of Weapon by Felon - (UUWF)

Another type of firearm crime in Chicago is the Unlawful Use of Weapons by felons (UUWF). This charge applies to individuals who have been convicted of a felony and are found to be in possession of a firearm.

In Chicago, it is illegal for individuals who have felony convictions on their record to possess a firearm. If a person with a prior felony conviction is caught with a gun, they can be charged with UUWF.

The penalties for UUWF are also severe. This offense is considered a Class 2 felony, which carries a potential sentence of 3 to 7 years in prison. Furthermore, the possession of a weapon itself is a separate violation, which can add additional charges and penalties.

It is essential to note that the consequences for both AGGUUW and UUWF can be enhanced if the individual has prior convictions. Repeated offenses or certain aggravating factors may result in longer prison sentences or increased fines.

In addition to criminal charges, individuals who are convicted of firearm-related offenses may also face other consequences. These can include restrictions on future gun ownership, difficulty finding employment, and limitations on certain rights and privileges.

Armed Habitual Criminal

Another charge related to unlawful possession of a firearm in Chicago is being deemed an “Armed Habitual Criminal” (AHC).

To be charged as an Armed Habitual Criminal, an individual must have previously been convicted of two or more Class 2 or greater felony offenses that involve forcible felonies. These offenses can include but are not limited to charges related to illegal possession or sale of firearms, armed robbery, drugs, or aggravated battery with a firearm.

Being labeled an Armed Habitual Criminal carries severe penalties. A conviction for AHC is considered a Class X felony, the most serious felony classification in Illinois. The sentencing for an AHC offense can range from a mandatory minimum of 6 years to a maximum of 30 years in prison.

Additionally, individuals who are charged with AHC may face the possibility of extended terms of imprisonment. If certain aggravating factors, such as the use of a firearm in the commission of a violent crime, are present, the sentence can be enhanced.

It is important to note that the penalties for firearm-related offenses in Chicago can also be increased if the firearm was used in the commission of another crime.

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