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posted on 9/26/20

A successful real estate broker in Schaumburg has decided that now is the time to purchase his first gun. He is frequently driving in and out of the city, and with all of the civil unrest, he wants to protect himself if necessary. He went through the background check process and obtained a FOID card. He assumed that he could take his gun with him while driving around and showing high-end real estate, as long as his gun was not hidden. Unfortunately, like many new gun owners, he could be charged with violating Illinois’ concealed carry laws, even if he is openly carrying his gun.

Concealed Carry Licenses

New gun owners should make sure that they are in possession of an up-to-date FOID card. Gun owners can face misdemeanor charges for being in possession of a gun, even in a locked cabinet in their home, without a valid FOID card. Under Illinois law, the open carrying of firearms is illegal unless you are hunting, on your property, or at a business where the business owner consents the carrying of firearms, like a firing range.

Some people think that as long as they are not hiding their gun under their shirt, they can take their gun with them out in public. This is not the case, however. You need to apply for a concealed carry license to be able to transport your firearm. Gun owners cannot transport their guns without concealed carry permits unless the gun is unloaded and enclosed in a case, broken down and not functioning, or otherwise not accessible. Even if you have a valid concealed carry permit, you cannot take your gun everywhere without risking criminal charges. There are several places prohibited by law where you cannot bring your gun including, but not limited to the following places:

  • Hospitals
  • Schools
  • Government buildings
  • Public transportation
  • Bars and restaurants that earn over half of their revenue through alcohol sales
  • Onto private property where the owner prohibits them

Penalties for Concealed Carry Violations

Even if you do not intend to break the law and are an otherwise responsible gun owner, you can still face penalties for carrying your gun around without the proper concealed carry permit. The punishment for carrying a concealed, loaded gun without a valid permit is a class A misdemeanor. If you have been charged with a second or subsequent offense, you will face a Class 3 felony charge that carries a penalty of between two and five years in jail and a fine of up to $25,000. Additionally, if you are charged with entering a prohibited area with a concealed firearm, you will face Class B misdemeanor charges for your first offense. You will then face Class A misdemeanor charges for any subsequent offenses.

Contact an Experienced Illinois Defense Lawyer Today

If you are a new gun owner, it is essential to understand all of Illinois gun laws. If you are facing criminal gun charges, you need the help of an experienced criminal defense lawyer. When you need an attorney, experience matters, contact Glasgow & Olsson today to schedule your initial consultation.