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What Are the Penalties for an Illinois Concealed Carry Violation?

Posted on in Criminal Law

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:

  • Not having a valid CCL while carrying a concealed weapon. One of the most basic requirements of concealed carry in Illinois is simply having a valid license while you have your concealed weapon on your person. Not having a valid CCL while you are carrying a concealed weapon can result in unlawful use of weapons charge. For not possessing a valid CCL, you could face a Class A misdemeanor, which carries up to one year in prison and up to $2,500 in fines.

  • Being under the influence of drugs or alcohol while carrying a concealed weapon. Another serious violation you can be charged with is being under the influence of drugs, alcohol, or a combination of the two while you have a concealed weapon on your person. If you are charged with a first or second violation, you face a Class A misdemeanor; however, if you are charged with a third violation, you face a Class 4 felony, which carries a sentence of one to three years in prison. A second violation permits the Department of State Police to revoke your CCL for up to six months, while a third violation will cause the Department to permanently revoke your CCL.

  • Refusing to surrender your CCL when it has been revoked or you have become ineligible. Other common reasons that you could be charged with a CCL violation include becoming ineligible to have your CCL or FOID card or if the CCL has been revoked. If either of these things happens, your local law enforcement agency will inform you of this and you will have 48 hours to hand over your CCL. If you do not comply, you can be charged with a Class A misdemeanor.

Contact an Arlington Heights, IL Weapons Violation Defense Attorney 

Laws regarding firearms are typically taken very seriously, especially in Illinois. If you have been charged with a weapons violation, such as a CCL violation, the punishments can be severe, and that is why you should speak with a skilled Rolling Meadows, IL criminal defense lawyer as soon as possible. Scott F. Anderson, Attorney at Law has both the knowledge and the experience that is necessary for a successful defense attorney. To learn more and schedule a free consultation, call our office today at 847-253-3400.

 

Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=043000660K70

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=043000660K65

https://www.ilga.gov/legislation/publicacts/98/PDF/098-0063.pdf

 

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