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DuPage County criminal defense attorney firearms violation

One of the most well-known aspects of the United States’ culture is how much emphasis is put on personal freedoms, especially when it comes to firearms. To the Founding Fathers, access to firearms was so important that they even included a provision for them in the Constitution. However, with the changes that have taken place in the world since the 1700s and now, gun ownership is not an absolute right in the United States and is actually left up to individual states to set rules and regulations. In Illinois, residents must qualify for, apply, and receive a firearm owner identification (FOID) card before they are legally permitted to purchase or possess firearms or ammunition. Possessing either without a FOID card could result in serious weapons charges that could elevate to felony charges. A skilled criminal defense attorney can help you avoid a conviction if you are facing any type of firearms violation.

FOID Card Requirements

Before you can receive a FOID card, you must meet all of the eligibility requirements that have been set forth by the Illinois State Police. These requirements are very similar to federal firearm ownership requirements and are designed to prevent those who may be a threat to public safety from legally purchasing or possessing a firearm. Illinois FOID card requirements state that a person is eligible to receive a FOID card when he or she:

  • Is at least 21 years old

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DuPage County weapons violation defense attorney

The United States has always had an interesting culture surrounding firearms, one that the majority of the rest of the world does not quite understand. The Second Amendment to the U.S. Constitution states that citizens are given the right to bear arms, but firearm ownership is very much a state issue. In Illinois, citizens can legally purchase and own a firearm once they have applied and been approved for a firearm owner identification (FOID) card. However, gun violence is still an issue across the country and in Illinois. This is why the state passed a so-called “red flag” law in an attempt to temporarily prevent those with access to guns from committing violent criminal acts.

What Are Red Flag Laws?

Red flag laws, which are also sometimes called extreme risk laws, are not unique to the state of Illinois. In fact, Illinois was one of the most recent states to pass a red flag law and only just passed the law in 2018. Although red flag laws differ from state to state, they all aim to temporarily remove firearms from individuals who pose a risk to others. In some states, only certain people, like police officers or other law enforcement officials, can file a petition to remove a person’s firearms.

Firearms Restraining Order Act

Illinois’ version of a red flag law, which is referred to as the Firearms Restraining Order Act, went into effect at the beginning of 2019. In Illinois, a petition to remove a person’s firearms can be filed by a family or household member or by a police officer who believes that the person poses a threat to themselves or others by having a firearm in his or her possession. Once the petition is filed, a judge must hear the petition as soon as possible. If the judge decides that there is enough evidence to establish that the person is indeed a threat to himself or herself or to others, then the court will issue an order to remove any and all firearms from the person’s possession.

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