Orland Park Unlawful Firearm Possession Lawyer

Joliet Weapons Crimes Attorney for Charges Involving Possession of Firearms and Ammunition

There are multiple situations where people in Illinois may be charged with weapons offenses. In some cases, these charges will involve the possession of firearms by people who are prohibited from doing so by law. In many cases, this is a felony offense, and people who are convicted may face serious penalties that could include lengthy prison sentences and up to $25,000 in fines. At Issa Law, LLC, we have defended clients in many cases involving weapons charges. We can work to ensure that these matters will be resolved successfully while minimizing the penalties that may apply for our clients.

Unlawful Possession of a Firearm or Ammunition

Illinois law prohibits certain people from possessing either firearms or ammunition. The law has been subject to many challenges in court, but it has been upheld because these restrictions have been determined to be necessary to keep members of the general public safe. Certain classes of people are prohibited from possessing firearms, including people who are addicted to narcotics, people who have been patients in mental institutions within the past five years, and people under the age of 21 who have been convicted of misdemeanors.

It is important to note that this law states that each firearm or ammunition that a person possesses in violation of this law constitutes a single and separate violation. Thus, if a person is found in possession of three weapons in violation of the law, then they would face three separate charges of unlawful possession of firearms or ammunition.

Unlawful possession of a firearm other than a handgun or unlawful possession of ammunition is a Class A misdemeanor, which carries a potential sentence of 364 days in a county jail. Unlawful possession of a handgun is a Class 4 felony, and a person may be sentenced to between one and three years in a state prison. Probation may be possible in these cases, and court supervision may be available for misdemeanor offenses.

Possession of a Stolen Firearm

Illinois prohibits people from possessing firearms that have been stolen, regardless of whether or not a firearm is being used for unlawful purposes. A person may be charged with this offense if they possess a firearm that they know has been stolen. The State will generally be required to prove that the person was not entitled to possess a weapon, that the weapon in question was stolen, and that the person knew that the weapon was stolen. A judge or jury may also consider the fact that there was an altered or removed serial number on a firearm. This fact will tend to support the claim that the person in possession of the stolen firearm knew that it was in fact stolen.

Possession of a stolen firearm is a Class 2 felony, which carries a sentence of three to seven years in a state prison. Probation may be available depending on the circumstances of a case.

Aggravated Possession of a Stolen Firearm

In Illinois, if a person is limited to possessing a certain number of firearms, and is found to be in possession of stolen firearms exceeding that amount, then they may face serious penalties, and strict sentencing may apply. A key element to this offense is that the person must have known, or should have known, that the firearm was stolen or otherwise converted. A judge or jury may infer that a person in possession of a firearm knew it was stolen if the serial number on a weapon was removed or altered.

If a person illegally possesses between two and five firearms, then they may face Class 1 felony charges, and they may be sentenced to between four and 15 years in a state prison. If a person illegally possesses between six and 10 firearms, then they may be charged with a Class X felony, and a sentence of six to 30 years may be imposed upon conviction. Possession of greater numbers of firearms will also result in Class X felony charges with increased maximum sentences. For between 11 and 20 firearms, the maximum sentence is 40 years. For between 21 and 30 firearms, the maximum sentence is 50 years. For possession of more than 30 firearms, a person may be sentenced to as much as 60 years. Probation may be possible in cases where a person is charged with a Class 1 felony.

Possession of a Firearm With a Defaced Serial Number

A person who possesses a firearm that has had its serial number altered or removed in any way can be found guilty of this offense. It is important to note that this law does not require the person in possession of the firearm to know that the firearm's serial number had been changed. This may create gray areas in the law because, while it may be obvious that a firearm's serial number has been removed or obliterated, it may not be as obvious if there has been a minor change to the serial number, which may have been done professionally without any indication of this change.

This law does not apply to people who make repairs or changes to a firearm that lead to the removal of the name of the manufacturer, the model name or number, or any other identification marks, as long as the serial number remains intact and unaltered. Unlike most felonies, which have a statute of limitations of three years, prosecutions brought for possession of a firearm with a defaced serial number can occur anytime within six years after the commission of the offense.

Possession of a firearm with a defaced serial number is a Class 3 felony, and a conviction can lead to a state prison sentence of two to five years. Probation may be available in certain situations.

Defacement of a Firearm Serial Number

In Illinois, it is a criminal offense for a person to change or destroy the serial number on a firearm. This law applies only if the person removes or changes the serial number knowingly or purposefully. If the firearm's serial number is removed by accident, then a person cannot be convicted of the offense (although the person can still be convicted of possession of a firearm with a defaced serial number). As with charges of possession of a firearm with a defaced serial number, a prosecution for defacement of a firearm serial number can be brought any time within six years after the commission of the offense.

Class 2 felony charges may apply if a person is accused of defacing a firearm serial number, and they could be sentenced to between three and seven years in a state prison. Probation may be possible depending on the circumstances of an alleged offense.

Contact Our Tinley Park Illegal Firearm Possession Attorney

Our firm can help you defend against charges related to the possession of firearms or ammunition. Contact us today at 708-966-2408 for a consultation.