Gun possession charges in Illinois can range anywhere from a Class A Misdemeanor to the most extreme of Felonies. If you're caught with a weapon in Chicago, you may be facing a Class X felony if you have previously been convicted as a felon. Even if your previous conviction has nothing to do with a gun charge.
The most common gun charge one would face is an Aggravated Unlawful Use of a Weapon. 720 ILCS 5/24-1.6, a Class 4 Felony. For instance, even if you have a firearm owner identification card or FOID card and are transporting a loaded gun in your vehicle, police will most likely arrest you for this offense and charge you with a class 4 felony.
More severe penalties relating to Illinois gun laws could land you in state prison for periods of 2 to 7 years if you have previously been convicted of a felony, even if that felony was not gun-related. Possession of a Weapon by a Felon 720 ILCS 5/24-1.1 can either be changed as a Class 3 or Class 2 felony, depending on your background.
In some instances, if you have two or more previous convictions, including drugs or forcible felony offenses, the State can charge you under the Armed Habitual Statute. This is a Class X felony that requires a mandatory prison term of 6 years. Additionally, if you are caught with a gun and any type of controlled substance, you may be facing an Armed Violence charge, which is also a Class X felony.
Illinois has one of the strictest gun laws in the country. If you are facing gun charges in Chicago or other parts of Cook County, contact an experienced criminal defense gun charge lawyer today. At Law Offices of Mitch Furman, we handle the toughest of gun cases and will explore every avenue in your defense.