Second Amendment Defense

Gun & Weapon Offenses Attorney in Joliet, IL

Protecting your Second Amendment rights. EAM LAW provides aggressive defense against all firearms charges.

Gun Charges: Frequently Asked Questions

Understanding Illinois firearms laws and your constitutional rights.

What are the most common gun charges in Illinois?

Common firearm charges include Unlawful Use of a Weapon (UUW), Armed Habitual Criminal, Unlawful Possession of a Firearm, and Aggravated Unlawful Use of a Weapon (AUUW). UUW typically involves carrying a firearm without a valid FOID card or concealed carry license. These charges can range from misdemeanors to serious felonies depending on the circumstances, your criminal history, and where the weapon was found. In many cases, firearm arrests also involve allegations of narcotics, which may trigger related charges under Illinois drug possession laws

Can I be charged with a gun crime even if I have a FOID card?

Yes, having a valid FOID card doesn’t protect you from all gun charges. You can still be charged if you carry a concealed weapon without a concealed carry license, possess a firearm in prohibited locations (like schools or government buildings), or if you’re a convicted felon (which would make your FOID card invalid). The specific circumstances of your case determine which charges apply.

What are the penalties for gun charges in Illinois?

Penalties vary widely. A simple UUW can be a Class A misdemeanor (up to 364 days in jail), while AUUW is typically a Class 4 felony (1-3 years in prison). Armed Habitual Criminal charges carry 6-30 years in prison. Federal gun charges can result in even longer sentences. Additionally, many gun convictions result in permanent loss of your right to possess firearms and can affect employment, housing, and other opportunities.

Can police search me for weapons during a traffic stop?

Police can pat you down for weapons if they have reasonable suspicion that you’re armed and dangerous, but they cannot search you just because you were pulled over. If they see a weapon in plain view or you admit to having one, this may give them probable cause for a more extensive search. However, any search must be legally justified. An illegal search can result in evidence being suppressed and charges being dismissed.

What defenses are available for gun charges in Illinois?

Common defenses include challenging the legality of the search that led to finding the weapon, arguing you didn’t know the weapon was there (lack of knowledge), proving the weapon belonged to someone else (lack of possession), or demonstrating that you had a valid reason to possess the firearm. Each case is unique, and an experienced attorney will examine all evidence to identify the strongest possible defense strategy.

Why Choose EAM LAW for Gun Charges?

Deep understanding of Illinois firearms laws and Second Amendment rights.
Experience challenging illegal searches and seizures of weapons.
Strategic defense to protect your right to bear arms.
Aggressive representation to minimize impact on your future gun rights.

Facing Gun Charges?

Don't let a weapons charge take away your constitutional rights. Contact us immediately for experienced defense.