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IL defense lawyerSince its inception, the United States has done things a little differently. When it comes to gun laws, the country as a whole is unique. The inherent right to gun ownership is written into the country’s constitution, though each individual state has the right to regulate the possession, use, sale, purchase, and/or transfer of firearms within their boundaries. While some states are laxer with their firearm laws, the state of Illinois tends to have rather strict laws concerning firearms. In particular, not everyone is legally permitted to own a firearm in the state of Illinois. Being caught in possession of a firearm when you are not legally supposed to have one can lead to serious consequences that require representation from a skilled Illinois criminal defense attorney.

FOID Cards and Ineligibility

Though not all states have the same requirements, the state of Illinois requires everyone in possession of a firearm to have a valid firearm owner’s identification (FOID) card to be in legal possession of that firearm. To be eligible to receive a FOID card, you must meet certain requirements, as there are certain things that can make you ineligible for ownership, both on the state and federal level. In general, a person is ineligible for a FOID card if they:

  • Are not yet 21 years old, or do not have a parent or legal guardian sponsor who is eligible for a FOID card
  • Are not a resident of the state of Illinois
  • Have been convicted of a felony
  • Are addicted to narcotics
  • Have been a patient in a mental health facility in the past five years
  • Have been a patient in a mental health facility more than five years ago, but have failed to receive a mental health certification
  • Have been involuntarily committed into a mental health facility
  • Are intellectually or developmentally disabled
  • Have been adjudicated as a mentally disabled person
  • Are an illegal alien in the United States
  • Are subject to an existing order of protection
  • Have been convicted within the past five years of battery, assault, aggravated assault, or violation of an order of protection in which a firearm was used or possessed
  • Have been convicted of domestic battery
  • Have been dishonorably discharged from the U.S. military

Speak to Our Rolling Meadows, IL Criminal Defense Attorney Today

Though it is written into our constitution that we have the right to bear arms, that right is treated more like a privilege that can be revoked if it is deemed necessary. In some circumstances, you may be found ineligible to own or continue to own firearms in Illinois, in which case, you must surrender them or face consequences for illegal ownership. Gun crimes are taken very seriously in Illinois, which is why having a skilled Arlington Heights, IL criminal defense attorney on your side is a good idea. Scott F. Anderson, Attorney at Law will put his experience to use to get you the best outcome possible. To schedule a free consultation, call our office today at 847-253-3400.

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Arlington Heights, IL criminal defense attorney concealed carry violation

Across the United States, the process for being legally permitted to own and conceal carry a firearm is different, depending on which state you are a resident of. In Illinois, the process to purchase a firearm as well as the process to obtain a concealed carry license (CCL) can be lengthy and considered a hassle by some, but it has protections in place meant to keep citizens safe. When these processes are not followed or are otherwise violated, you can actually be charged with a crime and face the penalties for it. If you are facing any type of weapons violation, an Illinois criminal defense attorney can build a strong defense on your behalf and in some cases, reduce or eliminate your charges altogether.

Types of Violations

In Illinois, the Firearm Concealed Carry Act is the legislative text that governs the issuance, distribution, revocation, violation enforcement, and use of concealed carry licenses. Here are a few of the main violations regarding CCLs:

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Arlington Heights, IL criminal defense attorney unlawful use of a weapon

Across the United States, firearms and other weapons are highly regulated in an attempt to keep them out of the hands of wrongdoers and to keep citizens safe. The state of Illinois is no exception. Illinois has some relatively strict laws when it comes to the possession and use of firearms and other weapons. These laws exist as a means to protect people and to keep the community safe, which is why a conviction for unlawful use of a weapon charge has the possibility of resulting in a misdemeanor or even a felony charge in some situations. The severity of the charge will depend on the circumstances surrounding the incident, which is why it is important to discuss the details of your case with a skilled criminal defense lawyer.

What Constitutes an Illinois UUW Charge?

When it comes to the unlawful use of weapons charge in Illinois, there are various situations in which you could be charged with this crime. However, the most common reason people are charged with a UUW charge is because of a firearm owner’s identification (FOID) card or a concealed carry violation. In the state of Illinois, any person who wishes to legally possess and purchase a firearm must apply for and receive a FOID card. Gun owners who wish to carry their firearm on their person or transport it in their vehicle must receive a concealed carry permit stating that they are allowed to do so. 

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Rolling Meadows, IL firearms violation defense lawyer

In today’s world, firearms have become a popular topic of conversation in both the legislative arena and in everyday life. Many lawmakers have pushed for increased regulation of the sale, purchase, and use of guns throughout the country, but many Americans still cling to their Second Amendment rights. The state of Illinois has fairly strict laws when it comes to guns. If you wish to possess a firearm in Illinois, you must first apply and receive a firearm owner’s identification (FOID) card. Similar to a driver’s license, the card contains information about you and is proof that you are permitted to own a firearm. In certain situations, your FOID card could be revoked, which would require you to take certain steps to avoid criminal charges.

How Can I Lose My FOID Card Privileges?

Illinois has established a set of criteria that each person wishing to own a firearm must meet. A FOID card is valid for 10 years after it is issued, but it can be revoked at any time if your circumstances change and you no longer meet the eligibility requirements. Your FOID card can be revoked if you:

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Arlington Heights, IL Weapons Charges Lawyer

Like marriage, marijuana, sales tax, and countless other issues, each state has the ability to make its own laws concerning firearms. In Illinois, you are required to have a firearm owner’s identification (FOID) card, which legally states to police and others that you are allowed to own a firearm and ammunition. If you are caught by law enforcement with a firearm and do not have a FOID card or your card has been suspended or revoked, it can result in serious consequences. 

The Illinois State Police is the governing body that issues and controls all Illinois FOID cards and they maintain the right to suspend or revoke your card at any time based on criminal charges or convictions you might face.

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