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Unlawful Weapon Usage In The State Of Illinois
posted on 12/3/24

If a person uses their firearm in an unlawful manner, they can be charged with a crime that falls under the “unlawful weapon usage” category.

Going over what it means to use a weapon unlawfully in the state of Illinois and contacting a Schaumburg weapons charge defense attorney will allow you to protect your innocence.

Watch Attorney Thomas T. Glasgow discuss the unlawful use of a weapon in Illinois on YouTube and TikTok.

What Is Unlawful Weapon Usage In The State Of Illinois?

The term “unlawful weapon usage” refers to an unlawful act that involves a weapon. Such an unlawful act might involve using a weapon in an unlawful manner. Or, for that matter, possessing a weapon in an unlawful manner.

Just as an example, if someone under the age of 18 is in possession of a firearm, then this would be considered unlawful weapon usage, as no one under 18 is legally allowed to possess firearms in the state of Illinois.

Outside of the above, some of the other most notable acts that comprise “unlawful weapon usage” are as follows:

  • Possessing a weapon while under the age of 18.
  • Owning a weapon without a Firearm Owner’s Identification – FOID – card.
  • Carrying a weapon while in a place where you are not legally allowed to do so.
  • Owning a weapon if you have previously been convicted of a felony.
  • Discharging a firearm in a reckless manner.

Regarding the first point, some of the locations you are not legally allowed to carry a weapon into are as follows:

  • A bar/pub if more than 50% of the receipts in a three-month period are from the sale of alcohol.
  • A school.
  • A child care facility.
  • A courthouse.

Certain exceptions can apply – being a police officer, for example – to the locations outlined above, along with many others. But, just as a general rule, you cannot carry a weapon into the locations outlined above.

What Can Happen If You Are Hit With An Unlawful Weapons Usage Charge?

The answer to the question outlined above is as follows: it depends on the exact charge that you are hit with.

If you discharge your weapon in a reckless manner, then you can be charged with a Class 4 felony. This crime can lead to a sentence of one to three years in prison and a fine of up to $25,000.

Other penalties apply to the other unlawful weapons usage charges. 

Even though some of the penalties that come from an unlawful weapons usage charge can be, and often are, less than those of discharging a weapon in a reckless manner, they are still significant.

If you fail to obtain a proper defense for an unlawful weapons usage charge, you can receive a nasty fine, prison time, and/or community service, among various other possibilities.

On the other hand, if you obtain a proper defense, then the accusations you are faced with will be contested and then refuted, allowing you to protect your innocence.

Get Qualified Legal Help Today

If you need representation for a DUI charge, Glasgow & Olsson is uniquely qualified to help you. 

Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients. As proactive lawyers, we fight aggressively and support our clients throughout their entire case up to and including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.

When you need an attorney, experience matters. 

Speak with a Chicago criminal defense attorney today to learn how our experience can get you the results you deserve.