Gun offenses in Chicago are never to be taken lightly. Though one conviction will usually be considered a misdemeanor, a second conviction is often a felony, which means higher fines and more jail time. Whether you’re charged with unlawful use of a weapon, discharge of a firearm, or possession of a stolen firearm, you can bet that the prosecution will bring its best to a trial.
My law office – the Law Office of Fred Dry – is not easily intimidated by the prosecution. I’ve been defending clients charged with gun offenses for 30 years, and I know what prosecutors can and cannot use as evidence. I’ll work with you to build the strongest defense possible, ensuring that your rights are never violated. Learn more about gun offenses and call my office to get started.
Aggravated Unlawful Use of a Weapon (Possession)
This charge is one of the most common in Chicago. When a person leaves his or her home with a gun and does not have a Concealed Carry License, then he or she can be charged with Aggravated Unlawful Use of a Weapon.
Even for a first offense, this charge comes with some very serious consequences. The charge itself is a Class 4 Felony, and anyone convicted of it will serve 1 to 3 years in prison. There is no option for probation.
In some instances, an officer might charge you based on constructive possession. If an officer finds a gun in your home, car, or place of business when others are in the immediate vicinity, he or she can charge you with constructive possession. Technically the gun is not in your hand, but it is in your legal property. This can be disputed if you can prove that another person present with a Concealed Carry License owns the gun.
Reckless or Unlawful Discharge
The Second Amendment gives you the right to bear arms. It does not give you the right to shoot off your guns whenever or wherever you like. A stray bullet can easily hit and kill someone. Reckless and Unlawful Discharges have harmed many people in Chicago over the years, and the law takes this crime very seriously.
It is important, however, to understand the difference between these two crimes. Reckless means that other people were around and could have potentially been hit. If a crime was considered to be unlawful, it means that you did not have the legal right to fire the gun. People who hunt without licenses or fire their guns while standing in an open field away from others are usually handed this charge.
Loss of FOID Card
If you have a licensed gun, then you must always have your Firearm Owners Identification Card (FOID). Not having this card can lead to a Class A misdemeanor, assuming that you have not had any prior convictions.
Whether you are keeping your gun at home or at your business, it is vital that you have your FOID card present at all times. If you should move your home or business, make sure that the card moves with you. Protect it like you would a social security card.
Other Gun Offenses
Chicago has some of the strictest gun laws in the country. For example, it is considered unlawful to possess or carry a stun gun, Taser, or firearm into any business that sells alcoholic beverages in Chicago. Just having the ammunition on your person can also result in a charge.
If a person uses a gun or other deadly weapon while committing sexual assault, aggravated assault, robbery, or burglary, then the charges immediately go up for each instance. This can lead to some serious charges that involve long periods in jail and high fines.
Contact the Law Office of Fred Dry
If you have questions or concerns regarding your situation or your Second Amendment right to bear arms, then you need to quickly contact my office, the Law Office of Fred Dry, and schedule a case evaluation as soon as possible.
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