Gun charges in Illinois carry serious consequences that can affect your freedom, your constitutional rights, and your future. Whether you face charges for unlawful possession, unlawful use of a weapon, or violations related to your Firearm Owner’s Identification (FOID) card, the stakes are high. A conviction can result in substantial prison time, hefty fines, and the permanent loss of your right to own firearms.
At Bruno Law Offices, our Bloomington gun crime defense attorneys understand the details of Illinois gun laws. We also understand the importance of protecting your Second Amendment rights. Our team provides aggressive defense representation for individuals facing weapons charges in Bloomington, McLean County, and throughout Central Illinois. We work diligently to challenge the prosecution’s case, protect your constitutional rights, and pursue the most favorable outcome possible.
If you or a loved one has been arrested for a gun charge, time is critical. Contact Bruno Law Offices today at 309-861-9960 for a free consultation. We are available 24/7 to provide immediate legal assistance when you need it most.
Understanding Gun Charges in Illinois
Illinois maintains some of the strictest firearms regulations in the nation. The state requires all gun owners to possess a valid FOID card issued by the Illinois State Police before purchasing or possessing firearms or ammunition. Additionally, individuals who wish to carry a concealed firearm must obtain a Concealed Carry License (CCL). They must also comply with numerous restrictions on where they can legally carry.
Gun charges in Illinois can arise at both the state and federal levels. State charges are prosecuted under the Illinois Compiled Statutes, particularly 720 ILCS 5/24-1 (Unlawful Use of Weapons) and related provisions. Federal charges may apply when firearms offenses involve interstate commerce, drug trafficking, or other federal crimes. Federal weapons charges typically carry more severe penalties and mandatory minimum sentences.
The FOID card requirement creates unique legal issues in Illinois. Possession of a firearm without a valid FOID card constitutes a criminal offense, even if the weapon itself is legal. FOID cards can be denied or revoked for various reasons. These include felony convictions, certain misdemeanors, orders of protection, mental health adjudications, and other disqualifying factors.
Gun charges frequently compound other criminal offenses. Possession of a firearm during a drug crime, for example, can result in enhanced penalties for both offenses. Similarly, carrying a weapon while committing a felony can elevate charges to armed violence. This charge carries mandatory prison time. Understanding how gun charges interact with other criminal allegations is important to building an effective defense strategy.
The consequences of a gun conviction extend beyond criminal penalties. A firearms conviction can affect your employment prospects, housing opportunities, professional licenses, and ability to travel. For non-citizens, gun convictions can trigger deportation proceedings and immigration consequences.
Types of Gun Charges We Defend in Bloomington
Bruno Law Offices defends clients against all types of weapons charges in McLean County and throughout Illinois. Common gun charges include:
- Unlawful Possession of a Firearm occurs when an individual possesses a firearm without a valid FOID card. It also occurs when a person prohibited from possessing firearms (such as convicted felons) is found with a weapon. This charge can range from a misdemeanor to a felony, depending on the circumstances and the defendant’s criminal history.
- Unlawful Use of a Weapon (UUW) under 720 ILCS 5/24-1 encompasses various prohibited activities. These include carrying a concealed weapon without a CCL, possessing certain prohibited weapons, or carrying a firearm in prohibited locations. UUW charges are typically Class A misdemeanors, but can be elevated to felonies under certain circumstances.
- Reckless Discharge of a Firearm involves firing a weapon in a reckless manner that endangers the safety of others. This offense is a Class 4 felony and can result in one to three years in prison.
- Possession of a Weapon at Prohibited Locations carries enhanced penalties. Illinois law prohibits carrying firearms at specific locations, including schools and public parks under municipal or park district control. Violations constitute serious criminal offenses.
- Aggravated Unlawful Use of a Weapon (AUUW) involves possessing a firearm outside the home without a valid CCL and FOID card. This charge has been subject to constitutional challenges and legal developments. It requires experienced legal representation.
- Possession of a Firearm by a Felon is a serious offense under 720 ILCS 5/24-1.1. A first offense is typically classified as a Class 3 felony, carrying a sentencing range of two to ten years in prison. A second or subsequent conviction is elevated to a Class 2 felony with three to fourteen years imprisonment. Enhanced penalties apply when the prior conviction involved forcible felonies, weapons offenses, or drug felonies. Illinois law prohibits individuals with felony convictions from possessing firearms, and violations carry substantial mandatory minimum sentences.
- Defaced Firearm Possession involves possessing a weapon with an altered or removed serial number. This offense is a Class 3 felony and raises serious legal concerns.
- Illegal Sale or Transfer of Firearms includes selling weapons without proper licensing. It also includes transferring firearms to prohibited persons or conducting straw purchases. These offenses can result in both state and federal charges.
- Armed Violence Charges apply when an individual possesses a firearm while committing certain felonies. Armed violence is a Class X felony, among the most serious felony classifications under Illinois law. It carries mandatory prison time without the possibility of probation.
Federal Firearms Offenses
Federal gun charges involve violations of federal firearms laws. Prosecutors handle these cases in the United States District Court. Common federal firearms offenses include:
- Trafficking Firearms Across State Lines violates federal law and can result in lengthy federal prison sentences. Federal prosecutors aggressively pursue gun trafficking cases, particularly when weapons cross state borders.
- Possession of a Firearm During Drug Crimes triggers enhanced federal penalties under 18 U.S.C. § 924(c). Conviction requires a mandatory minimum sentence that must run consecutively to any other sentence imposed.
- Straw Purchases occur when someone purchases a firearm on behalf of another person who is prohibited from buying weapons. Federal authorities investigate and prosecute straw purchase schemes as serious federal crimes.
- Federal Weapons Violations include possession of prohibited weapons such as machine guns, sawed-off shotguns, or firearms with obliterated serial numbers. Prosecutors handle these charges under the National Firearms Act. They carry substantial federal penalties.
Penalties for Gun Convictions in Illinois
The penalties for gun charges in Illinois vary significantly based on the specific offense, the defendant’s criminal history, and aggravating circumstances. Understanding the potential consequences is important when facing weapons charges.
Misdemeanor gun charges, such as basic UUW offenses, are typically Class A misdemeanors. Courts can impose up to one year in county jail and fines up to $2,500. While less severe than felonies, misdemeanor convictions still result in a criminal record. They can affect your ability to possess firearms in the future.
Felony gun charges carry much more serious consequences. Illinois classifies felonies from Class 4 (least serious) to Class X (among the most serious). Sentencing ranges include:
- Class 4 Felony: 1-3 years in prison
- Class 3 Felony: 2-5 years in prison
- Class 2 Felony: 3-7 years in prison
- Class 1 Felony: 4-15 years in prison
- Class X Felony: 6-30 years in prison
Many gun charges carry mandatory minimum sentences that eliminate the possibility of probation. Armed violence, for example, requires mandatory prison time. Possession of a firearm by a felon also carries mandatory sentencing provisions.
Beyond incarceration, gun convictions result in the permanent loss of firearm ownership rights. Federal law prohibits convicted felons from possessing firearms. Many misdemeanor convictions also trigger firearms disabilities. Restoring gun rights after a conviction is difficult and, in many cases, impossible.
Gun convictions create collateral consequences that extend far beyond criminal penalties. A firearms conviction can:
- Disqualify you from certain employment opportunities, particularly jobs requiring security clearances or firearms possession
- Affect professional licenses for teachers, healthcare workers, and other licensed professionals
- Impact housing opportunities, as many landlords conduct criminal background checks
- Affect voting rights while incarcerated
- Create immigration consequences for non-citizens, including deportation
Enhanced penalties apply when defendants have prior convictions. Illinois law provides for extended sentencing ranges for repeat offenders. Federal law imposes mandatory minimum sentences for defendants with prior felony convictions under the Armed Career Criminal Act.
Defending Your Second Amendment Rights
The Second Amendment to the United States Constitution protects the right to keep and bear arms. While this constitutional protection is not absolute, it provides important safeguards against government overreach in firearms regulation. At Bruno Law Offices, we are committed to defending your constitutional rights while providing aggressive representation against gun charges.
Effective defense strategies for gun charges depend on the specific facts of each case. Common defense approaches include:
- Challenging Illegal Searches and Seizures: The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement discovered a firearm through an illegal search, we can file motions to suppress the evidence. Without the weapon as evidence, prosecutors often cannot prove their case.
- Questioning Probable Cause: Police officers must have probable cause to stop, search, or arrest you. We scrutinize the circumstances leading to your arrest to determine whether officers had legal justification for their actions. If probable cause was lacking, we can challenge the legality of the stop. We can also challenge any evidence obtained as a result.
- FOID Card and Permit Defenses: Some gun charges arise from technical violations of FOID card or CCL requirements. We examine whether you had a valid FOID card, whether any revocation was proper, and whether you qualify for exemptions under Illinois law. In some cases, we can demonstrate that FOID card issues resulted from administrative errors rather than criminal conduct.
- Self-Defense Justifications: Illinois law recognizes the right to use firearms in self-defense under appropriate circumstances. If you possessed or used a weapon to protect yourself or others from imminent harm, we can assert self-defense as a justification for your actions.
- Lack of Knowledge or Intent: Many gun charges require proof that you knowingly possessed a firearm. If you were unaware that a weapon was present—for example, if someone else placed a gun in your vehicle without your knowledge—we can challenge the prosecution’s ability to prove knowing possession.
- Procedural Violations by Law Enforcement: Police officers must follow proper procedures when investigating gun crimes. We examine whether officers provided proper Miranda warnings. We also check whether they conducted lineups or identifications properly. Additionally, we verify whether they followed the chain of custody requirements for evidence. Procedural violations can provide grounds for dismissing charges or suppressing evidence.
What to Do If You’re Arrested for a Gun Charge
If you are arrested for a gun charge in Bloomington or anywhere in Illinois, the actions you take immediately after arrest can significantly impact your case. Follow these critical steps:
- Remain silent and request an attorney immediately. You have a constitutional right to remain silent and to have an attorney present during questioning. Exercise these rights. Do not attempt to explain the situation to police officers or provide statements without your attorney present. Even seemingly innocent statements can be used against you in court.
- Do not consent to searches. If police officers ask permission to search your home, vehicle, or person, politely decline. You have a constitutional right to refuse consent to searches. If officers have a warrant, do not physically resist. However, clearly state that you do not consent to the search.
- Do not make statements to the police. Police officers may tell you that providing a statement will help your case. They may also say that remaining silent makes you look guilty. These tactics are designed to obtain incriminating statements. Politely decline to answer questions and request to speak with your attorney.
- Document everything you remember. As soon as possible, write down everything you remember about the arrest. Include the time, location, officers involved, what was said, and any witnesses present. These details can be important to your defense.
- Contact Bruno Law Offices for immediate representation. Call our Bloomington office at 309-861-9960 as soon as possible after your arrest. We provide 24/7 availability for arrest situations and can begin working on your case immediately.
- Understand the importance of early intervention. The early stages of a gun case are critical. Evidence must be preserved, witnesses must be interviewed, and legal challenges must be filed promptly. Early involvement of an experienced criminal defense attorney can make a significant difference in the outcome of your case.
Why Choose Bruno Law Offices for Your Gun Charge Defense
When you face gun charges in Bloomington, you need a legal team with proven experience under Illinois firearms laws. Attorneys Anthony Bruno and Evan Bruno understand local court systems, FOID card requirements, concealed carry regulations, and the overlap between state and federal gun charges.
Our Bloomington criminal defense attorneys have extensive experience defending clients against gun charges across McLean County and Central Illinois. We regularly handle cases involving the nuances of Illinois gun law, and our strong relationships with local prosecutors and judges support a thorough case strategy.
- We take a personalized approach and tailor defense strategies to your situation. Our team thoroughly investigates the facts, identifies weaknesses in the prosecution’s case, and builds a plan aimed at the strongest possible outcome.
- Our local experience gives us valuable insight into court procedures and preferences in Bloomington and McLean County, helping us anticipate likely developments in your case.
- We defend your constitutional rights, including your right to keep and bear arms, by challenging illegal searches and overreaching police procedures.
- During your free consultation, our attorneys will review your case, explain the legal process, and answer your questions. There is no obligation, and your conversation is confidential.
Bruno Law Offices is available 24/7 to provide immediate legal help if you are arrested or accused of a gun charge in Central Illinois. Contact our office as soon as possible for guidance and protection of your rights.
Case Results from Bruno Law Offices: Gun Charge Defense
Below are examples of significant gun charge case results achieved by Bruno Law Offices through skilled defense strategies.
- Possession of a firearm with a revoked FOID card case dismissed after the judge agreed that police made an illegal search, resulting in suppression of evidence and charges dropped.
- Felony aggravated unlawful use of weapon charge resulted in probation without any jail time after successful arguments by Bruno Law Offices.
- Gun-related evidence in aggravated possession with intent to deliver methamphetamine challenged at trial, resulting in a not guilty verdict on the drug charge; the gun was not tied to distribution.
These outcomes show Bruno Law Offices’s track record in defending firearm-related charges and achieving positive results through aggressive pretrial motions, constitutional arguments, and trial advocacy.
Frequently Asked Questions About Gun Charges in Illinois
What happens if I'm caught with a gun without a FOID card?
Possession of a firearm without a valid FOID card is a criminal offense in Illinois. The classification and penalties depend on the specific circumstances and your criminal history. First-time, nonviolent offenders may face Class 4 felony charges. Other circumstances may result in different classifications. If you have prior convictions or if aggravating circumstances exist, the charge can be elevated to more serious felony classifications. Additionally, if you are prohibited from possessing firearms due to a felony conviction or other disqualifying factor, you face more serious felony charges with mandatory prison time.
Is it illegal to have a gun in my car in Illinois?
Illinois law allows you to transport firearms in your vehicle under certain conditions. If you have a valid FOID card and a Concealed Carry License (CCL), you can carry a loaded, concealed firearm in your vehicle. Without a CCL, you can transport a firearm in your vehicle if it meets one of the following conditions: (1) broken down in a non-functioning state, (2) not immediately accessible, or (3) unloaded and enclosed in a case, firearm carrying box, or other container. The firearm must be unloaded, meaning no ammunition in the chamber, cylinder, or magazine well. However, ammunition and loaded magazines may be transported in the same container. Violations of vehicle transport laws can result in UUW charges. Understanding the specific requirements for legal firearm transport is important to avoiding criminal charges.
Will I go to jail for a first-time gun offense?
Whether you will face jail time for a first-time gun offense depends on several factors. These include the specific charge, the circumstances of the offense, your criminal history, and the strength of your defense. Misdemeanor gun charges may result in probation for first-time offenders. However, felony charges often carry mandatory prison sentences. Some gun charges, such as armed violence or possession of a firearm by a felon, require mandatory incarceration. An experienced weapon crime defense attorney can evaluate your case. They can also work to minimize the potential for jail time through effective defense strategies and negotiation with prosecutors.
Contact our Weapon and Firearm Crimes Defense Lawyers Today
If you are facing gun charges in Bloomington, McLean County, or anywhere in Central Illinois, do not face these serious allegations alone. The Bloomington gun charge defense attorneys at Bruno Law Offices have the experience, knowledge, and dedication to protect your rights and fight for your freedom.
Contact us today at 309-861-9960 for a free, confidential consultation. We are available 24/7 to provide immediate legal assistance when you need it most.