Illinois’ UUW

Illinois has very restrictive weapons laws. If you are found in violation of Illinois’ Unlawful Use of Weapons (UUW) law, you will automatically be charged with a felony. If you are convicted of one of these charges you face the possibility of serving time in jail. In addition, guns laws differ in various Illinois counties and cities; you must comply with the laws for all municipalities within Illinois, or you can receive stiff penalties.

The UUW in Illinois prohibits carrying a concealed weapon at all times, including both loaded and unloaded weapons. It is also a violation of the UUW to carry a weapon in the open, except while hunting and with proper identification (see FOID card below). The same is true for minors. It is always illegal to possess a loaded firearm in your vehicle in Illinois. However, an unloaded firearm, enclosed in a case that is not immediately accessible (such as in the trunk), is allowed if you have proper identification and are not violating any local laws. A couple of additional gun laws that apply to Cook County include: a ban on assault weapons throughout Cook County and a ban on handguns in the city of Chicago.

If you have questions about Illinois’ weapons law or have been charged with a UUW violation, you should consult an attorney experienced with Illinois firearm cases. He or she will know how to assess your options and resolve your case in the best possible manner, hopefully helping you avoid time in prison.

FOID Card

Illinois only recognizes one form of firearm identification, the Firearms Owners Identification Card (FOID card); the state has no reciprocity with any other states’ identification or registration cards. If you plan to possess a firearm in Illinois, you must be sure you have a valid FOID card. Carrying an otherwise legal weapon without this card is a felony UUW violation. Similarly, carrying a firearm with an expired FOID card is a UUW violation. To obtain a FOID card, follow the links on the Illinois State Police website.

Illinois will not give FOID cards to several categories of people. If you have been convicted of a felony as an adult or juvenile, if you have been convicted of domestic abuse, assault or battery, if you have had a restraining order taken out against you in the past two years, or if you have been a patient in a mental hospital in the past five years, you cannot obtain a FOID card. Therefore, because they cannot get a FOID card, it is illegal for any of these people to possess a weapon in Illinois. Possessing a weapon includes carrying a loaded or unloaded weapon or keeping a loaded or unloaded weapon in your house, car or other similarly accessible location.

Illinois Non-residents

Illinois does not differentiate its UUW procedures for state residents or non-residents. This means even if you are passing through Illinois while driving across the country, you must still obtain a valid FOID card for your time in Illinois and must enclose your firearm in a case in an inaccessible spot in the car. You must also follow all local municipal firearms laws. If not, you face the same penalties as Illinois residents, including felony charges for any UUW violation.

Aggravated UUW

There is an aggravated UUW charge which carries even higher penalties than other UUW violations. This designation applies to weapons charges that occur at the same time as other violations, like gang activity or other felonies. The penalties for aggravated UUW can be very high, for instance, violating the UUW while committing a felony carries a minimum prison sentence of 15 years.

To learn more visit http://www.findgreatlawyers.com/IllCrimLaw.htm