While the state does ban possession and sale of throwing stars and ballistic knives, Illinois allows counties, cities and municipalities the ability to permit or ban different types of knives (including some switchblades). The resulting jurisdictional differences can make it challenging for knife owners to understand their rights and responsibilities here in our state.

Additional documentation is required for some knives

To legally own or carry the following knives, Illinois residents must obtain a Firearm Owner’s Identification (FOID) card:

• Folding knives
• Pocket knives
• Butterfly (Balisong) knives
• Utility knives
• Concealed knives (like belt, lipstick, cane knives)
• Hunting knives

As an out-the-front (OTF) knife, switchblades may be legal, but the length of the blade could make owning or carrying one illegal in some areas of the state. The law changed in 2017, permitting the carry of switchblade knives for those with valid FOID cards. Please note that in this state, jurisdiction matters. For example, switchblades are prohibited in Chicago.

Facing charges for breaking knife laws?

Anyone who is facing a weapons charge should take the matter seriously. The court certainly will. A conviction on a weapons charge could mar an otherwise blemish-free record and create untold future complications.

By getting sound legal guidance, you can better protect your rights and present a solid defense to the allegations of the prosecutor.

Is this a permanent restriction? Can a convicted felon ever legally own a firearm again, or are they forever barred from exercising this fundamental right?

The law will always aim to protect public safety

In general, federal law prohibits convicted felons from owning firearms. The Gun Control Act of 1968 makes it illegal for individuals with felony convictions to possess guns. This law applies nationwide, including in Illinois.

But does this mean you can never own a firearm again? Not necessarily.

There may be pathways to regaining gun rights

There are potential paths to restoring your gun rights, but they depend on various factors:

• The nature of your conviction
• The time elapsed since your conviction
• Your criminal record since the conviction
• State laws where you reside

In Illinois, the process of regaining firearm rights is particularly strict. The state does not have a specific restoration procedure for felons.

Instead, you would need to seek a pardon from the Governor, which includes restoration of firearm rights. This process is lengthy and has no guarantee of success.

Some states offer ways to expunge or seal felony records, potentially restoring gun rights. However, Illinois law severely limits expungement options for felony convictions. Most felonies in Illinois cannot be expunged or sealed, making it even more challenging to regain firearm rights.

It is crucial to note that attempting to possess a firearm as a convicted felon without proper restoration of rights is a serious federal offense. It can lead to up to 10 years in prison and hefty fines.

Remember, laws change, and interpretations vary. What applies today might not tomorrow. Only a qualified attorney can provide up-to-date, personalized legal advice for your situation.

However, having a gun in your car, whether it is on your person or not, comes with several implications. Here are some important things to consider before driving with a firearm.

Is it legal to have a firearm on your person while driving?

Yes, anyone with a valid CCL can keep a loaded or unloaded firearm on his or her person while in a vehicle. However, it must be concealed, meaning it should be in a holster, pocket, purse or other appropriate container.

If you do not have a CCL but have a FOID card, the Unlawful Use of Weapons in the Criminal Code states that your gun must be unloaded and enclosed in a case during transportation. You may also transport a firearm if it is not within easy reach or immediately usable.

Do you need to inform police of your firearm during a traffic stop?

In Illinois, it is legally mandatory to tell an officer that you are a license holder and that you have a firearm with you. It’s also highly advisable to keep your hands visible and follow the officer’s instructions carefully.

For example, the officer may ask you to surrender your firearm and show them your license. If you don’t have a CCL, they may ask you for your FOID card. Remember that there is a risk of arrest if you violate any of the concealed carry or firearm transportation rules.

What if you accidentally violate these rules?

Accidental violations of firearm regulations can happen, and their severity can vary quite a bit. Sometimes, it might be something relatively minor like forgetting to renew your FOID card. In such cases, you might receive a warning or a small fine.

However, more serious violations, like carrying a concealed weapon in a prohibited area, could lead to bigger legal consequences.

If you ever find yourself in this situation, it’s crucial to stay calm and address the issue as soon as possible. Seeking legal advice can be really helpful to understand your options and next steps.

The state has some pretty clear laws on this topic. Keeping these rules in mind can keep you safe and away from trouble.

The law on guns and alcohol

Illinois doesn’t mess around when it comes to drinking and carrying. According to the Firearm Concealed Carry Act, you cannot have a gun if you are under the influence of alcohol. This goes for open carry and concealed carry.

• Blood alcohol level: Hit .08%, and you’re definitely in hot water.
• Impairment: Even if you’re under .08%, carrying a firearm while drinking can still get you in trouble.
• Drinking establishments: Bringing your gun into a bar? If they make more than 50% of their income from alcohol, you could run into problems.

If you’ve been drinking or handling a firearm anywhere, even in the privacy of your own home, you may be asking for legal headaches.

What happens if you break the rules?

Getting caught with a gun while drinking can get you in a world of trouble. It’s not just about losing your concealed carry license – you could face some serious charges.

You might be looking at up to a year behind bars and fines that can damage your finances. Your concealed carry license could face suspension for at least six months. Repeat offenses could entail a permanent revocation of your license.

Remember, responsible gun owners should know better than to mix firearms and alcohol. Planning on having a few drinks? Leave the gun at home, locked up safe and sound. Your safety, and everyone else’s, comes first.

Types of weapon offenses

In Illinois, weapon offenses cover a wide range of activities. Some of the most common types include:

• Unlawful firearm possession without the required Firearm Owner’s Identification (FOID) card.
• Unlawful Use of a Weapon (UUW). This includes carrying or using a weapon that violates state laws.
• Aggravated Unlawful Use of a Weapon (AUUW): Involves more severe circumstances, such as carrying a loaded firearm without a license.
• Possession of a firearm by a convicted felon.
• Carrying a concealed weapon without a valid concealed license.
• Possessing weapons that are illegal in Illinois, such as switchblades, brass knuckles, or sawed-off shotguns.

These types of offenses can lead to severe legal consequences, emphasizing the importance of adhering to Illinois weapon laws.

Potential penalties for weapon offenses

Penalties for weapon offenses in Illinois vary depending on the severity of the offense. They can range from misdemeanors to felonies. For instance:

• Misdemeanor offenses: Typically result in fines, probation, and short-term imprisonment.
• Felony offenses: Can lead to extended imprisonment, substantial fines, and a permanent criminal record.
• Aggravated offenses: Often carry enhanced penalties, such as extended prison sentences and more significant fines.

The specific penalties depend on factors like prior convictions, the offense’s nature, and aggravating circumstances.

Facing weapon offense charges

Given the complexities of weapon laws and the severe consequences of violations, you may want to seek legal professionals who can provide guidance, represent your interests, fight for your rights and help ensure compliance with state laws.

House Bill 4500 would rename the charge, calling it “unlawful possession of a weapon,” and making similar changes to certain related criminal charges. In May, the Illinois Senate unanimously passed the bill.

What’s in a name?

If it becomes law, House Bill 4500 would change the names of certain weapons charges, but it wouldn’t change anything else about them. The penalties that go with a conviction would remain the same. So, why bother?

Proponents of the bill say the changes are necessary to help people accused of weapons to repair their lives after being charged with a scary-sounding crime. These charges disproportionately affect people of color, and nearly 70% of people arrested for unlawful use of a weapon are Black.

Furthermore, proponents of the bill point out that, even though the name of the charge hinges on “unlawful use,” prosecutors do not actually need to prove that a defendant used a weapon, only that they possessed one. By changing the wording to use the word “possession,” proponents say, they will make the name of the charge more adequately represent the charges themselves. In so doing, they hope to take some of the stigma off the people accused of the crime. Without that stigma, they say, defendants will have an easier time securing housing and employment.

House Bill 4500 would make similar changes to a charge known as “unlawful use of a weapon by an armed habitual criminal.” If the bill becomes law, the name of that charge would refer to possession of a weapon by a “repeat felony offender.”

It can be an overwhelming experience, as gun charges carry with them significant penalties. Fortunately, there are several defense options available to those facing this or other weapons charges.

Gun crimes

At W. Scott Hanken, Attorney at Law, our firm is familiar with both sides of the criminal process. With prior experience as a prosecutor, our legal team brings over 30 years of experience when looking at your criminal case. Our focus is to deliver the best defense for our clients, and this starts with an in-depth look at the matter and the evidence involved.

A gun related offense could include a vast array of matters. This could include discharging a firearm during the commission of an aggravated battery, posing a firearm during the commission of an aggravated battery, using a weapon in an unlawful manner, armed robbery, possessing a gun as a convicted felon or possessing a stolen weapon.

Asserting a defense

No matter the gun crime you are charged with, you have defense options. In order for a conviction to occur, the elements of the crime need to be proven. Thus, it is important to focus on the lack of evidence as well as ways to attack the evidence collected against you. A legal professional can help you gain a better understanding of your situation and the defense options available to you.

A lot is at stake when facing a gun or weapon charge. A lengthy prison sentence, hefty fines and very restrictive probation terms could result. Therefore, it is important that you inform yourself of defense options that could aid in reducing or dismissing some or all the charges against you.

Unlawful use of weapons

This offense covers a wide range of prohibited conduct involving weapons, such as carrying or possessing a firearm without a valid Firearm Owner’s Identification Card or a concealed carry license, carrying or possessing a firearm in a prohibited place (such as a school, church or public park) or carrying or possessing a firearm with intent to use it unlawfully against another person. It also includes possessing a silencer, machine gun or other illegal weapon.

UUW is usually a Class A misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $2,500. However, UUW can be elevated to a Class 4 felony (1 to 3 years in prison and/or a fine of up to $25,000) or higher, depending on the circumstances. These circumstances include the location of the offense, criminal history of the offender or the presence of aggravating factors (such as gang affiliation or committing another felony while armed).

Aggravated unlawful use of a weapon

This offense is similar to UUW, but involves carrying or possessing a loaded firearm on or about one’s person or in a vehicle without a valid FOID card or concealed carry license. AUUW is a Class 4 felony, but can be enhanced to a Class 2 felony (3 to 7 years in prison and/or a fine of up to $25,000) if the offender has a prior conviction for UUW, AUUW or certain other felonies.

Unlawful possession of firearms by felons

This offense prohibits anyone who has been convicted of a felony from possessing any firearm or ammunition. This offense is a Class 3 felony (2 to 5 years in prison and/or a fine of up to $25,000), but can be increased to a Class 2 felony if the offender has been convicted of certain violent or drug-related felonies.

Unlawful sale or delivery of firearms

This offense prohibits anyone from selling, delivering, transferring or giving any firearm or ammunition to anyone who is not eligible to possess them under state or federal law. This offense is a Class 4 felony, but can be upgraded to a Class 3 felony if the firearm or ammunition is sold, delivered, transferred or given to a minor under 18 years old.

Reckless discharge of a firearm

This offense prohibits anyone from discharging a firearm in a reckless manner that endangers the bodily safety of another person. This offense is a Class 4 felony.

The crime of possession of a stolen firearm in Illinois is a class 2 felony. If you are convicted of this charge, you could face between three and seven years in prison and a fine of up to $25,000. While probation is also a possible penalty, receiving a sentence of only probation, or outright dismissal, is challenging and requires you to put on a strong criminal defense.

Potential defenses

You may think that you have no defenses available to you, especially if the prosecution has evidence of you with the firearm, such as photographs or videos. You could even have acknowledged to the police or prosecution that you had the firearm.

However, possession of a stolen firearm in Illinois requires intent. This means that the prosecution must prove that you knew the firearm was stolen. Perhaps you purchased the firearm and believed the sale to be legitimate.

Duress is another potential defense. You may have been in a situation where someone forced you to use a firearm or face imminent death or serious bodily injury yourself.

A typical example is during an armed robbery. Perhaps the robber told you to take a gun and hold someone at gunpoint or be killed. You could argue that you would have never possessed a stolen firearm unless you thought you were going to be killed.

Rights violations

You have rights during an arrest and a right to be free from an unreasonable search and seizure. If the firearm was unconstitutionally seized, you could request that it be excluded as evidence.

Knowing what defenses could be available to you requires a thorough examination of the facts and circumstances of your case. Once your situation is analyzed by a professional, you can begin crafting your defense.

These consequences become even more serious if you already have a criminal record and are prohibited from possessing a firearm.

This was recently illustrated in a case involving a Springfield man who is now looking at up to 10 years in prison for illegally possessing a firearm as a convicted felon.

Man found guilty after federal trial

The man is only 30 years old and was found guilty by a federal jury of knowingly possessing a firearm. The trial lasted two days.

According to news reports, the man was stopped while driving by Springfield police officers for an unrelated reason. During the traffic stop, a firearm was found in the front seat of the vehicle the man was driving.

The man is scheduled to be sentenced on the charge in June 2023. In addition to 10 years in prison, he faces a fine of up to $250,000 and up to three years of supervised release after serving his sentence.

Cases like this show why putting on a strong and aggressive criminal defense is necessary if you are charged with a weapons offense.

Police officers must have a valid reason to pull you over

There are many potential defenses that could be available to you. For example, in this case, the weapon was found during a routine traffic stop.

Police officers generally cannot pull you over for a traffic stop without reasonable suspicion that you are doing something illegal. Once they do pull you over, there are certain evidentiary rules they must follow before seizing any property found.

If police officers in a case like this had no legal basis for the traffic stop, or engaged in an illegal search of the vehicle and seizing of the firearm, the firearm charge could be dismissed.

Fighting a weapons charge

It is always best to talk with a criminal defense attorney after you are arrested. Do not speak with the cops and assert your right to legal counsel.

An attorney can examine the circumstances of your arrest and help develop any potential defenses.

There are also restrictions on who can possess or own guns as well. For the most part, people need to have a firearm ownership identification card to own a gun and there are number of people who are ineligible for gun ownership. People who do not have one and possess a gun could be charged with crimes.

There are a number of different crimes that people can commit when it comes to illegal gun possession and it really depends on the circumstances. Factors such as if the person is prohibited from owning any gun, whether they simply have it in public without a conceal and carry permit or whether they own an illegal type of gun will determine the type of crime they could be charged with and the potential penalties that people potentially face.

Potential penalties for gun possession charges

The charges could be:

• A Class A misdemeanor, which can result in jail time up to 1 year and a fine of up to $2,500
• A Class 3 felony if it is a second offense, which could result in 5 years of imprisonment
• Class 2, 3 and 4 felonies which could result in a 7-year jail sentence.
• The most serious crimes are classified as Class X felonies and can result in a jail sentence up to 50 years.

There are many laws regarding gun possession and it can be complicated to navigate through them. People charged with various gun possession laws could face serious consequences. There are potential defenses and people are innocent until proven guilty. Experienced attorneys understand these laws and may be a useful resource.

The most common types of weapons offenses include:

• Discharging a firearm during the commission of an aggravated battery
• Possession a firearm during the commission of an aggravated battery
• Using a weapon in an unlawful manner
• Aggravated unlawful use of a weapon
• Armed robbery
• Armed habitual criminal charges
• Possession of a stolen weapon
• Possession of a weapon as a convicted felon

There are several categories of individuals who are prohibited from owning or possessing firearms which can result in weapons charges if they are alleged to possess or own a weapon. These categories include convicted felons; those convicted of a crime with a firearm over the past 5 years; individuals under the age of 21; those addicted to narcotics; patients in a mental hospital over the past 5 years; patients in a mental hospital more than 5 years prior unless they have a mental health certificate; individuals with an intellectual disability or developmental disability; prisoners; any individual under a protection order; individuals convicted of domestic abuse; individuals dishonorably discharged from the military; juveniles facing criminal charges that would have been a felony if they were tried as an adult; and illegal immigrants.

It is important for accused individuals who are facing weapons charges to understand how they can potentially challenge the alleged evidence against them and develop a criminal defense to protect themselves against the charges they are facing.

This is why it is important to understand exactly what the prosecution must prove to secure an armed robbery conviction, and what defenses are available.

Proving a case of armed robbery

To prove armed robbery, the elements of robbery must first be established. Robbery occurs when a person knowingly takes the property of another person using force or a threat of force, with the intent to permanently deprive the person of the property. Armed robbery may be charged if the person taking the property used a firearm or other dangerous weapon while committing the robbery.

Defending against armed robbery

There are several defenses to a charge of armed robbery. The prosecution must prove each element of the crime beyond a reasonable doubt. They must gather evidence, which may come from victim or witness statements or the police investigation.

Statements from the victim or witnesses may be unreliable. Robberies typically occur quickly and place victims in severe distress. Their memory of the event may be hazy, which can result in a case of mistaken identity when identifying the perpetrator.

Additionally, police and prosecutors must follow all laws pertaining to protecting the legal rights of the accused. A violation of any of these rights may be grounds for dismissal of the charge.

A conviction for armed robbery can result in a lengthy prison sentence, fines and other penalties, including the stigma that comes with a criminal conviction. It is important to seek the services of an experienced criminal defense attorney who can perform a thorough evaluation of the case and prepare a strong defense.

For example, according to a recent report, a home in Springfield was recently searched after law enforcement officials responded to the home on an attempt to arrest a suspect. The report indicates that the law enforcement officials responded to the home, located the suspect they were seeking, but then also saw a firearm in the home. On that basis, apparently, the law enforcement officials were able to obtain a search warrant for the residence. In the ensuing search, they reportedly located two more firearms as well as illegal drugs that were alleged to be “crack” cocaine.

In addition to the original suspect they sought, the law enforcement officials ended up arresting two other individuals as well. It appears that all three of the suspects will now face firearms and drug charges in the aftermath of the search and the arrests.

What are your defense options?

In situations like this, defendants are usually left to wonder what options they have. At our law firm, we understand that the legal “technicalities” of searches and arrests are not common knowledge, and we do our best to help our clients assess their options in the aftermath of an arrest. Constitutional rights must be protected. For more information, please visit the drug charge overview section of our law firm’s website.

The firearm indictment

On October 19, 2021, the Federal Grand Jury indicted a 22-year-old Peoria, Illinois, resident. He was charged with possession of a firearm by a felon. He was arrested by the Peoria Police Department and is still in federal custody.

The robbery indictment

On that same day, the Federal Grand Jury indicted a 54-year-old resident on one count of armed bank robbery, two counts of interference with commerce by robbery, one count of bank robbery and he was also charged with attempted escape from the Livingston County Jail in Pontiac, Illinois. Our local Springfield Office of the Federal Bureau of Investigation handled this case.

What now?

The U.S. District Court for the Central District of Illinois is now handling these cases, but they have not schedule dates for either defendant. And, it is not known yet whether they have been assigned or retained an attorney. Though, one is definitely recommended.

Weapons offenses

For Springfield, Illinois, residents charged with weapons offenses, the DOJ and local prosecutors will put out these press releases immediately. They will tout how their offices are being tough on crime and attempt to convict one in the court of public opinion. This is why it is so important to start crafting a criminal defense immediately to begin to fight back on that narrative.

Examples of weapons charges

There are a variety of different types of weapons charges accused individuals can be facing including:

• Discharging a firearm during the commission of an aggravated battery
• Possessing a firearm during the commission of an aggravated battery
• Using a weapon in an unlawful manner
• Aggravated unlawful use of a weapon
• Armed robbery
• Armed habitual criminal
• Possessing a weapon as a convicted felon
• Possessing a stolen weapon

Certain individuals, such as those who have been convicted of committing a felony crime, are prohibited from carrying a weapon and if found with a gun, may face additional charges for simply possessing a gun. Other crimes may be charged with a higher level of severity because a gun is involved, such as aggravated robbery, and may result in stiffer penalties as a result.

Defense to weapons charges

Because weapons charges can result in the loss of freedom, potential fines and other possible consequences and penalties, accused individuals should be familiar with how they may be able to defend against the weapons charges they are facing. As part of criminal defense preparation, it is important to evaluate the actions of authorities and the facts as alleged against the accused individual. Individuals accused of weapons crimes should not mistakenly think that they are not treated seriously by the criminal justice system. Individuals accused of gun crimes should know how to develop a strong criminal defense strategy to protect themselves.

In addition, you cannot own or possess ammunition for a firearm even if you do not have the firearm in your possession.

Application

The restriction on your rights applies no matter where you received your felony charge. For example, if your charge and conviction happened in Ohio and you later moved to Illinois, you still face the firearm ban.

Relief

You can potentially have your rights restored. You must petition the Director of the Department of State Police.

Consequences

If you are in possession of a firearm, you will face an additional felony charge. The initial charge for most people is a class 3 felony that comes with a minimum of two years in prison. You could get a maximum of 10 years in prison.

If this is not your first offense, then you face a prison sentence of at least three years, but you could get up to 14 years.

If your original felony charge was for a crime involving force or certain drug charges, then your first offense carries a minimum of three years in prison with a maximum possibility of 14 years. You could face the same sentence if you are parole or probation when you receive the firearm possession charge. Both instances are a class 2 felony.

Finally, you face a class X felony with much stiffer sentences if the gun in question is a machine gun. The minimum sentence is 12 years, and the maximum you could get is 50 years. If you were wearing body armor at the time, you face a minimum of 10 years up to a maximum of 40 years.

As noted by The Chicago Tribune, Illinois does not have a reliable method to determine whether individuals with a revoked FOID card still possess a weapon. Individuals with a rescinded FOID card also do not always receive a notice that they can no longer own a gun.

Displaying an unlawful possession of weapons may provide evidence

As noted by WGN News, when officials revoke an individual’s FOID card, he or she must surrender or transfer any guns within 48 hours. Posing with weapons online, however, may serve as evidence of not complying with the law.

Officials may use contents and information posted over the internet to trace an individual’s identity and location. If law enforcement discovers that an individual posing with a gun online does not have a valid FOID card, it may result in an arrest and weapons charge.

Posing with a gun results in a two-year sentence

Law enforcement officials discovered cell phone images taken by a 23-year-old man with prior felony convictions. After verifying the authenticity of the pistol in the images, officials filed charges. Upon conviction, he received a two-year sentence for the unlawful use of a weapon, as reported by The News-Gazette.

An individual in possession of weapons who cannot lawfully own them may result in his or her arrest and a Class Three felony charge. A sentence for a first-time offense includes between two and 10 years of incarceration. An individual charged with a subsequent offense may spend between three and 14 years in prison if convicted.