Weapons Offenses

Weapons crimes, gun laws, and firearms violations are governed by Illinois law and federal law, and Belleville attorney Lyndon P. Evanko, P.C. provides criminal defense for individuals charged with weapons offenses in state and federal courts in and around East St. Louis.

Unlawful Use of a Weapon

Illinois' unlawful use of weapons law contains a long list of weapons and a wide range of prohibitions.  Some sections of the law prohibit sale, manufacture, and purchase of certain weapons; other sections prohibit carrying or possessing other weapons; still other sections prohibit certain weapons in a vehicle or concealed on the person.  Violations of the law can range from Class A misdemeanors to Class X felonies.  In addition, the law provides for enhanced penalties for violating the law in specific places, such as a school or public park.

Illinois has many other laws regarding deadly weapons, including:

• Aggravated unlawful use of a weapon - carrying a loaded gun or possessing a firearm without a valid Firearm Owner's Identification Card (FOID), among other prohibitions
• Aggravated discharge of a firearm - firing into a building one knows or should know is occupied, or in the direction of a person or occupied vehicle
• Reckless discharge of a firearm - firing in a manner which endangers the bodily safety of an individual
• Unlawful sale of firearms - sale to anyone under 18; to a person under 21 who has been convicted of a misdemeanor; to a narcotics addict; to a convicted felon, mental patient, or person who is mentally retarded; or a sale completed without following the applicable statutory waiting period
• Unlawful possession of firearms and firearm ammunition - belonging to any of the categories above under unlawful sale of firearms and possessing a firearm; possessing any explosive bullet
• Gunrunning - transferring three or more firearms in violation of the unlawful sale of firearms statute

Penalty Enhancements

A state law on Armed Violence provides enhanced penalties for using a firearm during commission of a felony offense.  Use of a firearm adds 15 years to a sentence upon conviction; if the weapon is actually discharged, the penalty enhancement is 20 years.  If the discharge caused injury or death, anywhere from 25 years to life will be added to the sentence.

Other state laws provide for additional penalties for offenses committed with weapons.  If a person is in possession of a firearm when arrested for commission of a drug offense, upon conviction the court may double the fine and sentence.  Federal law provides for a 5 year mandatory minimum sentence for a violent or drug trafficking crime if a firearm is used, with penalties increasing to 7 years if the weapon is brandished during the offense, and 10 years if it is discharged.  These enhancements could apply to a conviction for attempt or conspiracy even where the actual underlying crime was never committed.

If you have been charged with violation of a state or federal weapons law, or have been arrested for an offense involving a firearm, contact Lyndon P. Evanko, P.C. today or call us at (618) 397-1997 to speak with an experienced criminal defense lawyer.