If you would like to obtain a gun in Illinois, it is not going to be easy, as Illinois is generally more regulated than other states. Still, if you are a person who is eligible and you meet the legal requirements, it is possible for you to have a firearm. However, if you are a person with certain prior felony convictions, it is going to be even more difficult for you to purchase and possess a weapon.
One of the most serious firearm offenses in the state is the crime of Armed Habitual Criminal (AHC) under 720 ILCS 5/24-1-7. A conviction for AHC comes with severe penalties. This is why, if you are facing an AHC charge, you must have a Chicago weapons defense attorney protecting you and your future.
Charged with Armed Habitual Criminal
A person may be charged as an Armed Habitual Criminal if they knowingly possess, receive, sell, or transfer a firearm after having been convicted of two or more qualifying felony offenses. An AHC charge differs from standard unlawful possession because of the requirement that an individual has two or more qualifying felony offenses specified under Illinois gun laws. Such offenses typically include certain violent crimes, serious drug offenses, and other felony convictions that are listed in the statute.
Prosecutors must prove that your prior convictions satisfy the legal requirement before they can secure an AHC conviction against you. Still, it is very common for prosecutors to seek AHC for defendants with qualifying prior convictions because of the increased sentencing exposure.
Possession Is Not Always Straightforward
Illinois recognizes actual possession and constructive possession. Active possession means that you had the weapon on your person, while constructive possession means that you had the weapon in a location that you had control over. Examples of locations where a person could be considered to have control would be their home or their vehicle. As a result, one of the most contested issues with AHC cases is whether the defendant actually possessed the firearm. Constructive possession cases are often heavily dependent on circumstantial evidence and can be subject to significant legal challenges, which is why having an attorney representing you is so critical.
AHC is a Serious Offense
An AHC charge is a very consequential offense. In fact, it is one of the most weighty firearms-related offenses in Illinois, so it should not be taken lightly. Still, an arrest is not the same as a conviction. With a strong defense strategy, you can challenge the evidence presented against you and obtain the best possible results.
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.