Weapon Crimes Lawyer
Schierer & Ritchie LLC provides expert legal assistance for those facing weapon crime charges. Contact us today for a free consultation.
Weapon crimes involve the illegal possession, use, or sale of firearms and other weapons, posing significant harm and often linked with other criminal activities. Law enforcement and judicial systems treat these crimes with utmost seriousness.
Types of Weapon Crimes
- Illegal Possession: Possessing a weapon without proper licensing or authorization, including possession by prohibited persons, possession of banned weapons, and possession in prohibited locations.
- Illegal Sale or Distribution: Unlawful transfer of weapons, including selling without a license, selling to prohibited persons, and trafficking weapons across borders.
- Illegal Use: Unlawful use of weapons, such as brandishing a weapon, discharging a firearm within city limits, and using a weapon in the commission of another crime.
- Illegal Modification: Altering weapons to make them more dangerous or concealable, like converting semi-automatic weapons to fully automatic and shortening barrels below legal limits.
- Illegal Manufacturing: Producing firearms or other weapons without proper licensing and registration.
Legal Framework
Weapon crimes are regulated at both federal and state levels in the U.S. Key federal laws include the National Firearms Act (NFA) of 1934, the Gun Control Act (GCA) of 1968, the Firearm Owners Protection Act of 1986, and Brady Handgun Violence Prevention Act of 1993.
Illinois Specific Laws
Illinois has stringent gun laws, including:
- FOID Card: Required for purchasing or possessing firearms or ammunition issued by the Illinois State Police.
- Concealed Carry: Allowed with a license, requiring 16 hours of training.
- Assault Weapons: Bans in specific Chicago and Cook County municipalities.
- Waiting Periods: 72 hours for handguns and 24 hours for rifles and shotguns.
- Background Checks: These are required for all firearm transfers.
- Red Flag Law: Allows temporary removal of firearms from individuals deemed a risk.
- Safe Storage: Firearms must be kept inaccessible to minors under 14.
- Reporting Lost or Stolen Firearms: Must be reported within 72 hours.
Factors Affecting Charges and Penalties
The severity of weapon crime charges depends on factors such as the type of weapon involved, the offender’s criminal history, the location of the offense, aggravating circumstances, and the quantity of firearms involved.
Penalties for Weapon Crimes
Penalties vary based on the severity of the offense:
- Misdemeanor offenses: Fines up to $1,000 and up to one year in jail.
- Felony offenses: Fines up to $250,000 and prison sentences of 10 years or more.
- Enhanced penalties: For repeat offenders or those used in violent crimes.
Defenses in Weapon Crime Cases
Common defenses include:
- Fourth Amendment violations (illegal search and seizure).
- Lack of knowledge.
- Necessity (self-defense).
- Entrapment.
- Constitutional challenges (Second Amendment rights).
Contact Us Today
Weapon crimes are a complex and evolving area of criminal law. Understanding the types of offenses, legal frameworks, and societal impacts is essential for law enforcement, policymakers, and the public. As society and technology evolve, so will the challenges and approaches to addressing weapon-related offenses. If you face weapon crime charges or need legal assistance, contact Schierer & Ritchie LLC for a free consultation.