Weapons Charges & Violations Attorney Serving Joliet - Will County, IL
Weapons charges generally brings to mind gun crimes, but the Unlawful Use of Weapons statute encompasses more than just firearms in Illinois. Depending upon the nature of the weapon and the circumstances under which it is used or possessed, weapons charges under the act may range from a Class A misdemeanor to a very serious Class X felony.
Prohibited Weapons In Illinois
Certain weapons may not be legally sold, manufactured, purchased, possessed or carried in the state of Illinois.
Bludgeon or black-jack
Knuckle weapons, including metal knuckles
Sand-club or sand-bag
Switchblade or ballistic knife
Possession, manufacture, sale, purchase or carrying of any of the above is a Class A misdemeanor, carrying a possible penalty of up to 12 months in jail and a fine of up to $2,500.
Transportation of Firearms
Generally, it is a Class A misdemeanor to carry a firearm except in specified locations, such as on your own land or the land of another person who has invited you and granted permission to carry a weapon.
Those properly licensed to own firearms must sometimes transport them, and the law provides a proper procedure for doing so. To comply with the law, a person who does not hold a valid license under the Firearm Concealed Carry Act must ensure that the weapon is:
broken down in a non-functioning state
or not immediately accessible
or unloaded and enclosed in a case, shipping box or other container
and transported by a person with a valid Firearm Owner’s Identification (FOID) card
The Illinois State Police recommend taking all of the above listed precautions in transporting a firearm, but the law requires only one of the first three measures.
While the Unlawful Use of Weapons Act is the primary source of regulation of possession and use of weapons in Illinois, it is important to be aware that other restrictions and requirements may apply. For example, the Wildlife Code places greater restrictions on the transportation of weapons under certain circumstances, and municipalities may have local ordinances regarding the transportation or possession of weapons within their borders.
Illinois Felony Weapons Charges
The most serious weapons charges in Illinois involve automatic weapons such as machine guns. Sale, manufacture, purchase, possession of or carrying a machine is a Class 2 felony in Illinois, which carries a potential penalty of 3-7 years. However, under certain circumstances, the charge may be elevated to a Class X felony, carrying a mandatory minimum sentence of 6 years and a possible maximum of 30 years.
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