Felony Defense Attorney
Felon in Possession of a Firearm Lawyer Illinois
Felon in Possession of a Firearm Lawyer in Illinois. The Second Amendment generally provides Americans with the right to own firearms. However, like most states, Illinois regulates what weapons can be held and who is allowed to use them. If you’ve been convicted of a felony in Illinois and are caught in the presence of a firearm, it could lead to serious charges and even prison time. Call a Drummond Law felon in possession of a firearm lawyer today at 217-388-1103 or contact us online for a free consultation and to get the best possible results in your case.
According to 720 ILCS 5/24-1.1, it is unlawful for someone convicted of a felony in Illinois to knowingly carry or possess a wide range of weapons on their person, land or residence. Under 720 ILCS 5/24-1, those weapons are:
- Any type of club or bludgeon
- Brass knuckles
- Switchblade, dagger, or razor
- Broken bottle
- Stun gun or taser
- Tear gas
Penalties for Felon in Possession of a Firearm in Illinois
Generally, if you are caught with a firearm after being convicted of a felony in Illinois, you’ll be charged with a Class 3 felony and a prison sentence of 2 to 10 years. You’ll be charged with a Class 2 felony and a prison sentence between 3 and 14 years if:
- It is your second felon in possession of a firearm conviction
- You were convicted of a forcible felony
- You have been convicted of other gun crimes
- You have been convicted of stalking
- You have been convicted of a drug crime that was a Class 2 felony or greater
- You were on parole or supervised release at the time
The violation becomes a Class X felony in Illinois if the firearm was a machine gun or you were also in possession of body armor as defined in 720 ILCS 5/33F-1, which could result in a prison term between 10 and 40 years. You will also be charged with a Class X felony if you are accused of being an Armed Habitual Criminal, meaning you have had 2 or more prior convictions of a forcible felony, certain violent crimes or any violation of the Illinois Controlled Substances Act that was a Class 3 felony or greater.
How an Illinois Felon in Possession of a Firearm Lawyer Can Help
It may seem like the world’s against you, but an experienced, knowledgeable and driven felon in possession of a firearm lawyer in Illinois can make the consequences of the charges much less severe or even have the court dismiss the case entirely. We’ll investigate whether your Fourth Amendment rights guarding against illegal search and seizures were violated. Other defense strategies your Drummond Law felon in possession of firearm lawyer in Illinois may employ include:
- You notified a law enforcement agency that the weapon was being transported to the agency
- You found the firearm
- You took the gun from someone who was trying to use it in a crime committed against you
- You did not know the firearm was present
There are also simple mistakes such as forgetting about any restrictions placed on you as your felony conviction is far in your rearview and you have rehabilitated your life. We’ve also seen cases where someone resides with someone who the person convicted of a felony does not know owns a gun. Your Drummond Law felon in possession of a firearm lawyer has decades of experience in the Illinois court system and knows how to get a judge or jury to see things from your perspective.
Can a Felon Ever Possess a Firearm in Illinois Again?
In order to legally buy and own a firearm in Illinois, you must have a Firearm Owners Identification (FOID) card. Generally, people convicted of a felony in Illinois are barred from obtaining a FOID card, but with the help of your felon in possession of a firearm lawyer, you may be able to have that decision overturned if you satisfy five conditions under 430 ILCS 65/10:
- You provide the Attorney General with a copy of the application 30 days before the hearing
- At least 20 years have passed since you were convicted or imprisoned for a forcible felony
- Your criminal record does not indicate that you are likely to act in a manner that is dangerous to the public
- Allowing you to possess a firearm cannot be against the public interest
- Allowing you to possess a firearm cannot violate any federal laws
If you have only been convicted of one felony your Illinois felon in possession of a firearm lawyer may very well be able to successfully restore your rights in Illinois, especially if your felony conviction was not for a violent crime and you did not go to prison. The fifth condition is often the most difficult to meet, as 18 U.S. Code § 922 of federal law makes it illegal for people convicted of certain crimes to possess firearms, for instance if you were imprisoned for over one year or were convicted of domestic battery.
Illinois Felon in Possession of a Firearm Lawyer | Drummond Law
The Illinois felon in possession of a firearm lawyer team at Drummond Law has dedicated their careers to fairness, justice and helping those in their time of need. Whether you made a mistake, have been falsely accused or were just in the wrong place at the wrong time, we’ll do everything possible to secure your freedom and your future. We work with you to develop a personalized defense strategy and give you expert legal counsel so you can make an informed decision for your future. Call a Drummond Law felon in possession of a firearm lawyer today at 217-388-1103 or contact us online for a free case review.