Chicago Gun Lawyer

Weapons charges carry serious penalties in Chicago. If you are convicted, you could spend years behind bars, rack up significant fines, and even lose some of your constitutional rights. These harsh outcomes will only occur following a guilty verdict.

You have the opportunity to defend yourself with the help of a Chicago gun lawyer. An aggressive strategy could be enough to have these charges dropped or reduced.

Who Can Own a Gun in Chicago?

When it comes to purchasing and owning firearms, the State of Illinois goes further than the federal government. In Chicago, legally possessing a gun requires a Firearm Owners Identification card, commonly known as FOID. To obtain a FOID, a person must meet several criteria, including:

• Being a United States Citizen age 21 or above
• Not being addicted to drugs or mentally impaired
• Having no felony convictions
• Not being prohibited from owning a gun under federal law

A FOID only authorizes a person to own a weapon. It does not give them the legal right to conceal it publicly. To do that, an individual must go a step further and obtain a concealed carry permit. This permits someone to carry a gun on their person or in their vehicle, although certain locations remain restricted. These generally include parks, schools, courthouses, and any property owned by a public transportation authority. A Chicago gun attorney could help someone understand whether they are eligible for gun ownership.

Examples of Weapons Charges in Chicago

State law outlines many different criminal offenses related to the sale, use, or possession of firearms. Some of these charges are related to having a weapon that is otherwise legal in a location where it is prohibited. In addition to individual offenses, it is also possible to have the penalties of another crime enhanced when it is committed using a gun. Some of the most common charges include the unlawful use of a weapon, manufacturing explosives, carrying a concealed weapon, and possession by a convicted felon.

Common Defenses for Gun Charges

Not every arrest results in a conviction. The state must prove a person’s guilt beyond a reasonable doubt, which is a high standard to meet. A gun attorney in Chicago could cast doubt on the prosecution’s case. Some of the most common strategies include:

Illegal Search and Seizure

Firearm offenses usually involve the police searching a suspect’s car, home, or person and finding a weapon. If this search is illegal, anything found could be excluded from trial under the legal theory known as the “fruit of the poisonous tree.” The police must have probable cause or a warrant in most situations to carry out a search.

Actual Innocence

Many situations involving firearms are chaotic or confusing. If the police mistakenly believe a person had a weapon when they did not, it could still result in criminal charges. An attorney can argue that there is not enough evidence to prove the defendant had a firearm at the time.

Lack of Evidence

Some defenses involve bringing in additional evidence to counter the state’s case. In other circumstances, the best approach is focusing on the prosecution’s lack of proof. This strategy involves convincing a jury that the burden of proof has not been met.

Speak With a Gun Attorney in Chicago Today

You could benefit from reaching out to legal counsel right away following an arrest or charges related to a firearm. Handling these cases on your own is risky, given the high stakes. Call a Chicago gun lawyer with Price Benowitz as soon as possible for a private consultation.