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Chicago Weapons Charge Defense Attorneys

Chicago Has Strict Gun Laws. We Know How to Fight Them.

Illinois weapons charges carry mandatory prison time. But these cases are beatable. We challenge illegal searches, possession claims, and constitutional violations.

Free ConsultationsAvailable 24/7Former Prosecutor

Understanding Weapons Charge Defense

Illinois and Cook County have some of the strictest gun laws in the nation. Unlawful Use of Weapon (UUW) and Aggravated UUW charges carry serious consequences, including mandatory prison sentences. But weapons cases often involve constitutional issues—illegal stops, improper searches, and possession disputes. We fight every charge aggressively.

Weapons Charge Defense Charges We Handle

Unlawful Use of Weapon (UUW)

varies

Carrying or possessing a firearm in violation of Illinois law

Aggravated UUW

felony

UUW with aggravating factors like prior convictions or loaded weapon

Felon in Possession

felony

Firearm possession by someone with a felony conviction

FOID Card Violations

varies

Possession without valid Firearm Owner ID card

Armed Violence

felony

Committing a felony while armed with a weapon

Armed Habitual Criminal

felony

Weapons possession with multiple prior violent/drug felonies

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Illinois Weapons Charge Defense Penalties

These are the potential consequences you face. We fight to reduce or eliminate them.

UUW (Class A Misdemeanor)

Jail/Prison:Up to 1 year
Fines:Up to $2,500
FOID revocation
Firearm confiscation
Probation eligible

Aggravated UUW (Class 4 Felony)

Jail/Prison:1-3 years
Fines:Up to $25,000
Often non-probationable
Mandatory minimum possible
Permanent felony record

Armed Habitual Criminal (Class X Felony)

Jail/Prison:6-30 years
Fines:Up to $25,000
No probation
Truth-in-sentencing
85% of sentence must be served

Common Defense Strategies

Every case has potential defenses. Here's how we challenge weapons charge defense charges.

Illegal Search

The 4th Amendment prohibits unreasonable searches. If the gun was found illegally, it may be suppressed.

Lack of Possession

Merely being near a gun isn't possession. We challenge constructive possession claims.

Valid FOID/CCL

If you had a valid license, many charges don't apply. We verify license status.

Second Amendment Challenges

Recent Supreme Court decisions have expanded gun rights. We challenge unconstitutional restrictions.

Self-Defense Possession

In some circumstances, possessing a weapon for self-defense may be justified.

Knowledge Defense

You must know you possessed a weapon. Lack of knowledge is a defense.

These are just starting points. Your specific case may have unique defense opportunities.

Discuss Your Defense Options
Video Guide

Understanding Weapons Charge Defense in Illinois

Watch Attorney Castellano explain weapons charge defense charges, potential penalties, and how we build winning defense strategies.

  • What prosecutors must prove
  • Common weaknesses in these cases
  • What to expect in your case
Watch More Videos
HeyGen AI Video3:45

Illinois Law: Key Statutes

720 ILCS 5/24-1

Unlawful Use of Weapons - defines prohibited possession and carry.

720 ILCS 5/24-1.6

Aggravated UUW - enhanced penalties for certain factors.

430 ILCS 65/2

FOID Card Act - requirements for firearm possession in Illinois.

This is general information only. Consult with an attorney about how these laws apply to your specific case.

Weapons Charge Defense Case Results

Real results for clients facing similar charges. Every case is different, but these outcomes show what's possible.

DISMISSED

Aggravated UUW

Gun suppressed due to unconstitutional traffic stop

REDUCED

Felon in Possession

Negotiated to misdemeanor, probation only

NOT GUILTY

Armed Habitual Criminal

Constructive possession not proven

Frequently Asked Questions: Weapons Charge Defense

Is Illinois a constitutional carry state?
No. Illinois requires a Concealed Carry License (CCL) to carry a loaded, concealed firearm in public. Without a CCL, carrying a loaded gun can result in Aggravated UUW charges, a Class 4 felony.
Can police search my car for weapons?
Police can search your car without a warrant if they have probable cause to believe there's evidence of a crime. However, they cannot search just because they want to. We carefully analyze whether the search was legal.
What is constructive possession?
Constructive possession means the gun wasn't on your person but was in an area you controlled and you knew it was there. The state must prove both control AND knowledge. Just being near a gun isn't enough.
Can a felon ever possess a gun in Illinois?
A person convicted of a felony cannot possess firearms. However, there are procedures to restore firearm rights in some cases. This requires a Governor's pardon or relief from federal disabilities.
What are the penalties for carrying without a FOID card?
Possessing a firearm without a valid FOID is generally a Class A misdemeanor (up to 1 year). However, if you're prohibited from having a FOID (felony conviction, domestic violence), it becomes a felony.

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