Across the United States, the debate about guns shows no signs of cooling down. Recently, Florida moved one step closer to allowing their citizens to openly carry a weapon. Under the bill, which recently passed through its first committee vote, concealed weapon permit holders would also be allowed to openly carry firearms, subject to certain restrictions. If passed, Florida would be only one of a handful of states to allow the open carrying of firearms. In Illinois, the law looks much different.
Illinois Concealed Firearms Law
Until two years ago, Illinois did not allow any regular citizens to carry a concealed weapon. However, after the Firearm Concealed Carry Act was signed into law in 2013, Illinois opened the door for some people to qualify for the concealed firearm permits. Both the champions of the new law and the opponents wanted changes made, yet they agreed to wait two years before seeking any changes.
With the two-year waiting period now over, the legislature was active on the gun front. However, Governor Rauner only signed into law modest changes this past session.
The new law attempts to address privacy concerns and how mental illness affects one’s rights to Firearms Owner Identification (“FOID”) card. Both sides of the debate promise this is not the end of the changes they will be seeking to Illinois’s gun laws.
Criminal Penalties
While the Seventh Circuit Court of Appeals declared that Illinois could not completely forbid carrying a weapon in public, just how far the state can go in regulating firearms is unclear.
Currently in Illinois, it is a Class A misdemeanor to possess a firearm without a FOID, if you would be eligible for a FOID. However, if you would not be eligible for a FOID and you possess a firearm, you have committed a Class 3 felony.
Additionally, if you do have a permit to carry, but are found carrying in a protected area—a school property, child-care facility, sports stadium, public transportation, or government property—you will be in violation of the Illinois Concealed Carry Act. You can be charged with a Class B misdemeanor for a first violation and a Class A misdemeanor for a second or subsequent violation. After a second violation, your license may be suspended for up to six months. After a third, it is a mandatory revocation of your concealed carry license.
Finally, the law contains several provisions that call for enhanced penalties when a firearm is used in the commission of a crime—Illinois law carries serious consequences for firearms offenses. For example, assault and battery are both typically misdemeanors, with a maximum sentence of one year in jail. However, if a firearm is involved, the crimes become assault or battery with a deadly weapon and are then classified as Class 3 or Class 4 felonies depending on the circumstances. If you are convicted of one of these crimes you can be sentenced to a maximum of two to five years in prison.
Illegal possession of a firearm in Illinois is punishable by one to three years in prison. If a felon is found to be in possession of a firearm, he or she will face between two and 10 years in prison.
Consult with an Illinois Criminal Defense Attorney Today
If you have been charged with a crime related to concealed carry, then it is important to speak with a skilled and knowledgeable Schaumburg, IL concealed carry defense attorney right away to discuss your case and your options. Call Glasgow & Olsson today at 847.577.8700 to schedule your consultation.
Sources:
http://www.chicagotribune.com/news/local/politics/ct-illinois-concealed-carry-gun-laws-met-20150710-story.html
https://www.isba.org/ibj/2013/12/thenewillinoisconcealedcarrylaw