Possession of a stolen firearm in Illinois is a Class 2 felony under 720 ILCS 5/24-3.8. If you are charged with this crime, it is imperative that you obtain legal representation immediately.
Potential consequences of a conviction can include:
- Prison time for as long as seven or even 14 years
- Possible probation
- Fines of up to $25,000
- Mandatory supervised release for as long as two years
- Other penalties such as inability to possess a firearm, ineligibility for FOID, employment implications, housing issues, and other civil rights problems
To avoid the harsh penalties that can come with a conviction for possession of a stolen firearm, you need an attorney. The Schaumburg weapons charge defense lawyers at Glasgow & Olsson can evaluate your case and provide a strong legal defense that will protect you, your future, and your freedom.
What Does The Prosecution Have to Prove in a Possession of a Stolen Firearm Case?
The burden of proof in a possession of a stolen firearm case is on the prosecution. The prosecution has to establish that you possessed the firearm, were not entitled to possess it, and that you knew it had been stolen or converted.
Under current Illinois law, 720 ILCS 5/24-3.8, the key issue is not simply whether someone possessed a gun. The statute requires the State to prove that the person possessed the firearm while knowing that it had been stolen or converted and that they were not legally allowed to possess it.
Examples of Possible Defenses in a Possession of a Stolen Firearm Case
With the help of an attorney, you can determine what the best defense strategy may be for your particular case. Some examples of defenses for possession of a stolen firearm can include:
Lack of Knowledge the Firearm Was Stolen
This is often the central issue in a possession of a stolen firearm case. Mere possession, by itself, does not necessarily establish knowledge that a gun is stolen. The prosecution has to prove you actually knew that you were not lawfully permitted to possess the gun.
You Did Not Actually Possess The Firearm
The State’s job is to prove possession. Depending on the circumstances of your case, that can involve actual or constructive possession. For instance, if a stolen gun was found in your vehicle, it would need to be proven that you actually exercised control over the gun.
The Firearm Was Not Stolen Or Converted
For the prosecution to obtain a conviction, they must establish that the firearm was stolen or converted. If the firearm was not stolen or converted, this will have a big impact on the case. Evidence concerning the firearm’s ownership, theft report, serial number, and chain of custody all make a difference.
You Were Entitled To Possess The Firearm
The statute expressly applies to someone who is “not entitled to the possession” of the firearm. This defense will rely heavily on the circumstances of the individual who is being accused and the particular firearm.
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.