Rock Island Gun Crimes Defense Attorney

In Illinois, there are no minor gun crimes. The least serious gun-related crime is a class A misdemeanor, which can mean up to a year in jail. Most are felonies, and some are class X felonies with possible sentences of decades in prison. Like any felony conviction, a felony gun conviction can have other consequences, too. For instance, in Illinois it’s illegal for someone with a felony conviction to possess a firearm. 

If you’ve been charged with a gun crime, it’s in your best interest to talk to an experienced Rock Island criminal defense lawyer as soon as possible. 

Common Illinois Gun Charges

There are a wide variety of gun and weapons-related crimes in Illinois. Some of the most common include: 

Unlawful Use of Weapons

The Illinois unlawful use of weapons statute covers more than firearms. You can also be convicted under this statute for unlawful use of a wide range of other weapons, including (but not limited to) blackjacks, metal knuckles, tasers, switchblade knives, razors, sand clubs, or even a broken bottle. 

Gun-related provisions under this section include: 

• A prohibition on carrying or possessing a pistol, revolver, stun gun, taser or other firearm in a vehicle or concealed on their person. There are exceptions, including in their own home or on someone else’s private property if they are invited and the property owner has given permission, when guns are being transported and are broken down, not immediately accessible, enclosed in an appropriate case or shipping container by a person with a valid FOID card, of in accordance with the Firearm Concealed Carry Act. 
• A prohibition on setting a spring gun. 
• A prohibition on possessing any equipment designed for silencing a firearm.
• A prohibition on selling, manufacturing, purchasing, possessing or carrying a machine gun. 
• A prohibition on selling, manufacturing, purchasing, possessing or carrying a rifle with one or more barrels less than 16” in length, or any weapon made from a rifle or shotgun with an overall length of less than 26”. 
• A prohibition on carrying or possessing a firearm, stun gun, taser, or other deadly weapon in a place licensed to sell intoxicating beverages.
• A prohibition on carrying or possessing a pistol, revolver, stun gun, taser or firearm in a vehicle or on their person while hooded, robed or masked to conceal their identity. 

This is not an exhaustive list. If you have been charged with unlawful use of weapons, you should speak to an experienced gun charge attorney about the specifics of your case as soon as you can. 

Sentencing for Unlawful Use of a Weapon

Violation of some of these provisions is a class A misdemeanor, carrying a possible sentence of 12 months in jail and a possible fine of up to $2,500. Others are more serious. Possessing or carrying a firearm in a place licensed to sell intoxicating beverages or at a public gathering is a class 4 felony, as is possessing or carrying a weapon while cloaked or masked to conceal your identity. That means a possible prison sentence of 1-3 years. 

Violations of certain other provisions are even more serious. For example, possessing a machine gun or illegally shortened rifle or shotgun in the passenger compartment of a vehicle or on your person while loaded is a class X felony with a possible sentence of up to 60 years in prison. In addition, the charge for some violations is upgraded if it is a second or subsequent offense, or if the offense occurs in certain locations.

A separate Illinois statute criminalizes unlawful possession of a firearm by a street gang member who has not been issued a valid FOID card. This separate crime is a class 2 felony carrying a prison sentence of 3-10 years. 

Reckless Discharge of a Firearm

A person commits the crime of reckless discharge of a firearm when they discharge a firearm in a reckless manner that endangers the bodily safety of another person. If the weapon is discharged from a moving vehicle with the knowledge and consent of the driver, the driver is also guilty of the crime. 

Reckless discharge of a firearm is a class 4 felony, carrying a possible sentence of 1-3 years in prison. 

Aggravated Discharge of a Firearm

The crime of aggravated discharge of a firearm occurs when someone knowingly or intentionally: 

• Discharges a firearm at or into a building they know or reasonably should know is occupied, or
• Discharges a firearm in the direction of another person or a vehicle they know or reasonably should know is occupied, or

This crime is a class 1 felony, carrying a possible prison sentence of 4-15 years in prison. However, if the person whose direction the gun is fired in (or the person occupying the vehicle a weapon is discharged in the direction of) falls into one of many protected categories such as police officer, firefighter, teacher, correctional officer or emergency medical services provider, or if the violation occurs in, on the property of, or within 1,000 feet of a school, the crime is a class X felony.

This is only a partial list of gun-related criminal charges in Illinois. In addition, many other Illinois crimes are upgraded to a higher classification with more serious penalties if a firearm is used in the commission of the crime. 

Don’t Face Rock Island Gun Charges Alone

After years of practicing criminal defense law and an internship with the local prosecutor’s office, I know what’s at stake in weapons charge cases and other criminal cases involving the use of weapons. I offer free consultations to help people charged with crimes in and around Rock Island make informed decisions about their next steps. 

To learn more about how I can help, fill out our contact form or call 309-752-8500 right now.