With the rising number of mass shootings, some prosecutors have sought charges against the parties who provided the firearms to the mass shooter. For example, one Illinois man was recently convicted of illegally giving his son an assault-style rifle which the son later used in the 2018 Waffle House shooting in Tennessee.

            Under Illinois law, you can be charged with a felony for giving or selling a firearm to the wrong person under the wrong circumstances.  You commit the offense of unlawful sale or delivery of firearms when you knowingly sell or give any firearm to:

*  a person under age 18 where the firearm is of a size which may be concealed upon the person or where the person under 18 does not possess a valid Firearm Owner’s Identification Card 

* a person under age 21 who has been convicted of a misdemeanor other than a traffic offense or who has been adjudged delinquent

* any narcotic addict

* any convicted felon

* any person who has been a patient in a mental institution within the past five years. (The Waffle House shooter had undergone mental health treatment in 2016, two years prior to the attack.)

* any person with an intellectual disability

            If you are charged with unlawful delivery of a firearm, contact an experienced criminal law attorney immediately.  Do not try to talk your way out of the situation as you could instead hand the state the evidence they need to convict you.  An attorney can review your case for your best possible defense.  As with most criminal offenses, the state must prove all the elements of the offense beyond a reasonable doubt.  Did you knowingly give the person the firearm?  Does the person meet the law’s definition of a narcotic addict or patient in a mental institution or person with an intellectual disability?  Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you can on your own.            .

      If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post GIVING YOUR FIREARM TO THE WRONG PERSON: THE OFFENSE OF UNLAWFUL DELIVERY IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

In People v Chairez, the court held that while the rest of the Illinois Unlawful Use of Weapons law remains constitutional, the section barring weapons within 1000 feet of a park did not pass muster. The court said the ends of protecting the public did not justify the means of banning the guns. Instead, the statue could punish potentially innocent conduct if a defendant unknowingly crossed into a prohibited zone near a park. Most troublesome was the lack of notice as to where the 1000-foot limit began or ended.

Following the above decision, the Appellate Court in People v. Green, struck down sections of the gun law barring possession of a firearm within 1000 feet of a school. In Green, a security guard with a valid FOID card was convicted of unlawful use of a weapon because he was standing with a loaded, accessible firearm across the street from a high school. The court said the state failed to show that limiting guns within 1,000 feet of a school mitigated violence. Again, a lack of notice as to where the 1,000 feet began and ended was problematic.

It is still illegal, however, to carry a gun inside a public park. In People v. Bell, the court said that a public park may be considered a sensitive place, warranting reasonable measures to protect the public especially since large numbers of people, including children, congregate there for recreation.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps the police lacked probable cause to stop you or perhaps the evidence against you was improperly seized. Even if the police acted legally and the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post ILLINOIS STATE SUPREME COURT STRIKES DOWN LAW BARRING GUNS WITHIN 1000 FEET OF A PUBLIC PARK OR SCHOOL appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Illinois law requires gun owners to possess a valid Firearm Owner’s Identification (FOID) card issued by the state. There is an exception, however, for non-Illinois residents. In that case, you do not need an Illinois FOID if you are licensed to carry a firearm in your home state. An Illinois appellate court has interpreted this to mean that you must actually have a valid license from a regulatory body in your home state. The mere fact that your state allows citizens to possess firearms is not enough.

In People v Wiggins, the defendant was charged with Aggravated Unlawful Use of a Weapon. A Texas resident, he did not have a valid Illinois FOID. Defendant argued that since his home state of Texas does not require a license to own firearms, he was thus licensed in Texas for purposes of Illinois law. The court disagreed. The court reasoned that the non-resident exception only applies to non-residents who have complied with an official state process for licensing in their home state.

Illinois law does make an exception for non-resident hunters when their home state does not require licensing.

If you have been charged with a firearms or similar offense, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for its best possible defense. Perhaps you are covered by one of the FOID law’s exceptions. Perhaps the police lacked probable cause to stop you or make an arrest. If so, an attorney may be able to petition the court to suppress the results of any illegal search or arrest.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post DO I NEED AN ILLINOIS FIREARM ID IF I AM LICENSED OUT OF STATE? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Under the revised law, if you are carrying a firearm in an auto, police or emergency personnel may secure the weapon if they deem it necessary for the safety of any person present. (See 430 ILCS 66/10(h)(1).) If the officer or emergency personnel determine you are not a threat and that you are mentally and physically capable of possessing the gun, they may return it before releasing you from the scene. If you are turned over for treatment to another facility, your weapon must be turned over to a peace officer who will then issue a receipt.

The 2013 law allows a licensee to carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot only for the limited purpose of storing or retrieving the weapon within the vehicle’s trunk. (See 430 ILCS 66/65(b).) Under the new law, you need not insure that the weapon is unloaded before it leaves your car.

The prior law required a physician, clinical psychologist or qualified examiner to notify the Department of State Police upon determining that someone is developmentally disabled. The new law applies to persons over age 14 and defines development disability as comparable to an indefinite intellectual disability that arose before age 18. The disability must cause significant functional limits in the individual’s ability to perform at least three of the following life functions: 1) self care, 2) receptive and expressive language, 3) mobility, 4) learning or 5) self direction. (See 405 ILCS 5/6-103.2.)

If you are charged with a weapons offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you can on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Source Amendments to Concealed Carry Law.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post 2015 UPDATES TO ILLINOIS CONCEALED CARRY LAW appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

What is the law on gun ownership these days? What can happen to you? What can you do? The answer partly depends on whether your offense took place in the City of Chicago. While Chicago was forced to throw out its 28-year old handgun ban after a 2010 Supreme Court ruling made it uneforceable, the City instituted a new law. This new law has been challenged, but for now remains on the books.

In Illinois, you may be charged with a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine, if you carry in your car or concealed on your person a taser, stun gun, pistol, revolver or other firearm unless you are on your own property. You may transport your guns if they are broken down in a non functioning state, are not immediately accessible or are unloaded and enclosed in a case. (720 ILCS 5/24-1(a)(4).) You also may not possess a silencer or sawed off shotgun, which is a Class 3 felony, punishable by 2 to 5 years in jail and up to $25,000 fine. Possessing a machine gun is a Class 2 Felony, punishable by 3 to 7 years. Penalties are even more severe if you had your gun in a bar or liquor store, a government building or a school.

In Chicago, each registered gun owner may have one gun which is assembled and operable in their home, but you may not take it outside your home such as on your porch or in your back yard or garage. Each offense carries a $1,000 to $5,000 fine and a 20 to 90 day jail term. Each day of possession is a separate offense. Subsequent offenses carry fines of $5,000 to $10,000 and 30 days to 6 months in jail. All firearms must be registered.

If you are charged with having an illegal gun, contact an attorney immediately to discuss your case. Do not discuss your case with anyone else either in person, by telephone or by electronic means. Any statements made to police or a third party can be used against you. “I told my boyfriend not to leave that thing lying around our living room,” may seem reasonable to you but may be interpreted as an admission of guilt by the State.

An experienced attorney can evaluate the evidence in your case to help prepare your defense. As in most criminal cases, the state has the burden of proving you guilty beyond a reasonable doubt. Can the state prove that you possessed the gun? Did you have permission to have the gun in someone else’s home where it was found? Do you work in security and have a legitimate reason to carry the gun?

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post ‘BUT IT’S HIS GUN!”: WHEN YOU ARE CHARGED WITH POSSESSING A FIREARM appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.