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Tag Archives: Illinois gun laws

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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Wheaton IL weapons charges attorney.jpgIn the state of Illinois, if you are in possession of a firearm, you must also be in possession of an Illinois firearm ownership identification card (FOID). It is illegal for you to own or be in possession of a firearm without a FOID card. Though the Second Amendment to the United States Constitution gives citizens the right to bear arms, the Illinois State Police reserves the right to revoke or suspend your FOID card at any time if you violate ownership rules or if you become ineligible for a FOID card. Having your FOID card suspended or revoked comes with a laundry list of things you must do to comply with the suspension or revocation, and if you do not comply with those requirements, you could be facing serious charges.

Notice of Revocation

There is a multitude of reasons that your FOID card can be revoked. Some of those reasons include:

  • You were convicted of a misdemeanor other than a traffic offense, and you are under the age of 21;
  • You were convicted of a felony;
  • You are addicted to narcotics; and
  • You were convicted of domestic battery after 2012.

If your FOID card is revoked, you will be notified in writing by the Illinois State Police. The notice will go into detail as to why your card has been revoked. The notice will also include a list of the requirements you must comply with.

Revocation Requirements

Once you have received your revocation notice, you have 48 hours to complete the requirements that you were given. First, you have to surrender your FOID card to your local law enforcement agency. You will receive a receipt that you have surrendered your card, and your local agency will send your card to the state police.

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weapons charge, Illinois gun laws, DuPage County weapons charge defense attorneys, gun possessionOwning a firearm is a constitutionally protected right. However, each state has unique gun laws that can be challenging and complicated. Consulting a DuPage County criminal defense attorney can help you understand what your rights are to defend a weapons charge.

Illinois has several requirements that one is bound by to legally own a firearm. Illinois requires people without concealed handgun permits to get a firearm owner’s identification card (FOID) in order to legally purchase a gun or ammunition. The process will require you to submit to a background check. You will have to wait 24 hours from the time you buy a long gun to take possession of the firearm, and 72 hours for a handgun.

Safety Standards

Illinois law prohibits a federally licensed firearms dealer from manufacturing, selling, or delivering a firearm to an unlicensed buyer. It is also illegal to sell a handgun with a barrel, slide, frame, or receiver manufactured with a non homogeneous metal that melts at a temperature less than 800 degrees Fahrenheit.

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