Blog Home What is Unlawful Possession of a Weapon in Chicago?
Unlawful possession of a weapon in Chicago refers to the illegal carrying, owning, or controlling of a firearm or other prohibited weapon in violation of state or local laws. In a city with strict gun control measures, this offense is taken seriously to curb violence and ensure public safety. If you have been charged with unlawful possession, you should always call a dedicated criminal defense lawyer as soon as possible.
Unlawful possession can include scenarios such as carrying a firearm without a valid Firearms Owner’s Identification card, possessing a weapon in restricted areas like schools or government buildings, or having a weapon that has been modified illegally. If you’re facing a weapons charge, time is not on your side. Call a Chicago, IL criminal defense attorney at the Law Offices of Andrew Weisberg and take control of your case before the prosecution does.
Understanding Unlawful Possession of a Weapon in Chicago
Illinois law defines unlawful possession of a weapon under 720 ILCS 5/24-1, which outlines who can legally own and carry a firearm. To lawfully possess a firearm in Illinois, you must have a Firearm Owner’s Identification (FOID) card, and to carry a concealed weapon, you need a Concealed Carry License (CCL). Without these, possession of a firearm is illegal in most cases.
Unlawful possession charges can arise in several ways, including:
- Possessing a firearm without a valid FOID card – Even if the gun is legally owned, you must have a FOID card to keep it in your home or transport it.
- Carrying a concealed weapon without a CCL – Illinois requires a permit to carry a concealed firearm. If you are caught with a gun in public without this license, you could be charged.
- Possession by a prohibited person – Some individuals are banned from possessing firearms, even if they have a FOID card.
- Possession in a prohibited area – Certain locations, such as schools, government buildings, and public transportation, are considered gun-free zones. Carrying a weapon in these areas can result in charges.
Who is Prohibited from Possessing a Firearm in Chicago?
- Felons – Anyone convicted of a felony is prohibited from possessing a firearm.
- Individuals with domestic violence convictions – A misdemeanor domestic battery conviction can make you ineligible to own or carry a gun.
- People subject to an order of protection – If you have a restraining order against you, firearm possession is illegal.
- Individuals under the age of 21 without parental consent – In Illinois, you must be at least 21 to own a firearm unless a parent sponsors your FOID card.
- Those with mental health-related restrictions – If you have been involuntarily committed for mental health treatment or deemed a danger to yourself or others, you cannot legally possess a firearm.
Penalties for Unlawful Possession of a Weapon in Chicago
- Misdemeanor Charges: A first-time offense for carrying a firearm without a FOID card could be charged as a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine.
- Felony Charges: If you have prior convictions or are found in possession of a firearm in a restricted area, you could face a Class 3 or Class 2 felony, which carries a prison sentence ranging from 2 to 7 years.
Protect Your Future with a Chicago, IL Criminal Defense Attorney
Gun charges in Chicago carry serious penalties, but an arrest does not mean you are guilty. But just because you’ve been charged doesn’t mean you have to accept the harshest penalties. The Law Offices of Andrew Weisberg provides aggressive and strategic defense for those accused of weapon offenses.
Attorney Andrew Weisberg is a former prosecutor who knows how the system works—and how to fight back. Whether your case involves an illegal traffic stop, a misunderstanding about firearm laws, or an unlawful search and seizure, we will work to get your charges reduced or dismissed. Call (773) 908-9811 or contact us online today to discuss your case.
