It is incumbent on all gun owners to be responsible with their weapons and follow the federal and state gun laws. Violations of state or federal gun laws can come with serious consequences and repercussions.
In Illinois, firearms offenses are taken very seriously. Reckless Discharge of a Firearm under 720 ILCS 5/24-1.5 is a charge that often surprises people. One of the main reasons is that most people think that legal trouble only comes when someone uses their firearm to willingly hurt or injure another person. It is true that if you use a firearm with intent to harm someone, that is a criminal act. However, in Illinois, if you engage in dangerous behavior with your firearm that puts others at risk, you can be arrested and charged with a crime. Firing a gun recklessly, even if no one is injured, can result in felony charges and long-lasting consequences.
You may think playing around with your firearm and irresponsibly firing it, without trying to hurt anyone, isn’t that big of a deal. Especially if no one was actually harmed. Well, you will need to think again. This behavior is criminal, and you can be arrested and charged with Reckless Discharge of a Firearm. Prosecutors are known to aggressively pursue firearm charges, even in instances where there was no one hurt.
In this case, when you have been charged with Reckless Discharge of a Firearm, you should not be under any assumption that serious punishments won’t follow. The reality is that a conviction can lead to prison time, fines, probation, and more.
You will need an attorney and, in specific, one who has a deep understanding of Illinois gun laws. At Glasgow & Olsson, our Chicago gun defense attorneys can evaluate the evidence in your case, identify weaknesses in the prosecution’s case, negotiate with the prosecutors where appropriate, and protect your constitutional rights throughout the legal process.
Defining Reckless Discharge of a Firearm in Illinois
Under 720 ILCS 5/24-1.5, Reckless Discharge of a Firearm happens when a person fires their weapon in a reckless manner that endangers the bodily safety of another individual. Also, under the statute, if an individual drives a motor vehicle and one of their passengers recklessly fires their weapon with the driver’s consent and knowledge, the driver will be held legally accountable.
The key element in a Reckless Discharge of a Firearm case is “recklessness.” When this type of case goes to trial, the prosecution does not have to prove that an individual who shot their firearm intended to injure someone. Instead, the prosecution must only show that the person who fired their weapon did so in a way that created an unreasonable risk to another person’s safety.
Indeed, reckless discharge cases can arise from poor judgement rather than malicious intent. For example, charges can be made against a person who fires celebratory gunshots during a special event, or when a loaded weapon is discharged due to being carelessly handled, or shooting a gun in a residential neighborhood where people could be endangered, and so on.
Get Qualified Legal Help Today
Understanding your rights and obtaining legal representation early when you are facing allegations of gun law violations in Illinois best positions you for the most favorable results. For more information, please speak with our Schaumburg criminal defense attorneys at Glasgow & Olsson today and learn how decades of trusted experience can protect what matters most to you.
Our law firm is widely recognized as a leading authority in criminal law. For this reason, Attorney Thomas T. Glasgow is a trusted legal voice who is regularly invited to appear on major networks, including ABC, CNN, NBC, CBS, and Fox News.
When your rights and freedoms are on the line, having an attorney on your side with an excellent reputation and unimpeachable experience matters.