Two types of people tend to get charged with weapons crimes: those who use guns to commit crimes and legitimate gun owners who are simply carrying a gun improperly. When it comes to penalties, however, the courts make little distinction.
Unlawful use of a weapon (UUW) is a misdemeanor, punishable by up to one year in prison and a $2,500 fine. You could be charged with unlawful use of a weapon for carrying a concealed weapon or for carrying a gun improperly in your vehicle. In Illinois, you can't have a gun in your glove compartment. The gun must be stored in an inaccessible area of the vehicle and must be unloaded.
All other gun charges such as defacing a weapon (removing the serial number), improperly modifying a weapon (making a sawed-off shotgun or machine gun), or aggravated use of a weapon are felonies, which can result in prison time of more than 1 year. A felony gun conviction can cause you to lose your right to keep firearms and go hunting. It can also ruin your prospects for future employment.
In some cases mandatory minimum prison sentences are required by law. A mandatory minimum sentence means that the person charged with the crime, if found guilty, must go to jail and the judge cannot sentence the person to probation, no matter what the circumstances.
Just because you or your loved one has been charged with a weapons crime does not mean that the police followed all of the proper procedures. Our constitution is alive and well when it comes to protecting people accused of gun offenses. Police need either a search warrant or a compelling reason to search your car. Our weapons and gun law attorneys are often able to exclude evidence and obtain dismissals of gun charges because police didn't have a good reason to stop the person's car or go into the person's home. Our attorneys are familiar with all of the constitutional rules regarding the seizure of evidence, and we know how they apply in particular cases. We do not hesitate to challenge a prosecutor's attempt to introduce evidence seized in violation of your constitutional rights.
Our attorneys are very familiar with weapons and the rights of gun owners. Firm founder Raymond Wigell has a military background and Don MacNeil is a hunter. Both attorneys have firearm owners' identification cards
We often try gun and weapons cases in the Northern District of Illinois and the Northern District of Indiana, but have the capability to handle cases nationwide.
Free Initial Consultation: Contact an Illinois guns law attorney at Wigell & Associates.
20280 Governors Hwy.,
Suite 302
Olympia Fields, Illinois 60461
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