It is of the utmost importance that if you intend to have a firearm, you understand Illinois complex firearm laws so that you can avoid any unnecessary legal troubles. This is because violating these laws can mean that you will be charged with a serious felony.
Of all the weapons offenses in the state, one of the most significant is Aggravated Unlawful Possession of a Weapon (AUPW) under 720 ILCS 5/24-1.6. If you are convicted of AUPW, you can expect to serve time in prison, be ordered to pay substantial fines, and you will have a permanent criminal record.
A weapons conviction is very serious. Even a first-time offense can have lasting consequences that extend far beyond jail and fines. The best way to defend yourself when you are facing a weapons violation like AUPW is to arm yourself with an experienced and seasoned attorney.
At Glasgow & Olsson, our Chicago weapons defense attorneys have the background and expertise to build the strongest defense that will protect your freedom, rights, and future.
What is Aggravated Unlawful Possession of a Weapon?
Illinois does allow lawful firearm ownership for qualified individuals. However, Aggravated Unlawful Possession of a Weapon is a crime that is committed when a person knowingly possesses or carries a firearm under certain prohibited circumstances. For example, a person who does not have the required licensing or who is committing another offense could be arrested and charged with AUPW. Additionally, the statute also addresses situations involving people who are:
- Under the legal age to possess certain firearms
- Convicted felons
- Possessing a firearm while wearing body armor without the proper authorization
What Does AUPW Mean For You?
Essentially, the law is designed to prohibit the possession or carrying of firearms when the circumstances present a heightened public safety concern.
One of the most essential jobs a prosecutor will have when a person is arrested and charged with AUPW is to prove that the individual knowingly possessed or carried the firearm. Also, a prosecutor must show that one or more aggravating factors that are listed in the statute existed at the time of the alleged offense.
There are exceptions to the law, though. Some of these include:
- Firearms that are unloaded and enclosed in a case or other approved container
- Firearms that are broken down in a non-functioning state
- Firearms that are transported in accordance with Illinois law by a person who has a valid Firearm Owner’s Identification card (FOID card)
The penalties for AUPW can vary depending on the facts of the case and the defendant’s criminal history. In general, a first offense is usually charged as a Class 4 felony, which can come with a prison sentence as long as three years. Although, if a defendant has a prior felony conviction, then the offense is likely to be elevated to a Class 2 felony, which has a mandatory prison sentence of three to seven years. There are also other circumstances where an AUPW offense can be charged as a Class X felony, which is one of the most serious classifications under Illinois law.
The bottom line is that if you are facing an AUPW charge, you need an attorney who knows Illinois gun laws and how to develop the most effective defense to help you secure the best possible outcome.
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.