Can they do that if you were just trying to protect yourself? Depending on the facts, a recent Illinois court said no.

You may be charged with Aggravated Unlawful Use of a Weapon if you (1) knowingly carried or concealed on your person an uncased and loaded pistol, (2) at a time when you were not on your own land, in your own abode, or in a fixed place of business, or you were on public land, (3) that pistol was immediately accessible when you carried it, and (4) you did not have a Firearm Owner’s Identification card or concealed carry license.

On the other hand, you may be acting in self defense or defense of another if (1) unlawful force is threatened against a person, (2) the person threatened was not the aggressor, (3) the danger of harm was imminent, (4) the use of force (by the threatened person) was necessary, (5) the person threatened actually and subjectively believed a danger existed that required the use of force applied, and (6) the beliefs of the person threatened were objectively reasonable.

In People v. Crowder, 2018 IL App (1st) 161226, the court held that self defense could be a defense to a weapons charge: In that case, three men knocked down the defendant’s father and threatened to kill him. Defendant grabbed the gun from his father’s holster to protect both his father and himself. The court reversed his conviction based on necessity or self defense.

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. Even if the police acted lawfully and 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 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.)

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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.

The U.S. Supreme Court struck down gun control in District of Columbia v. Heller. Since then, many a state’s gun laws have fallen by the wayside. Even so, you must still possess a valid Illinois FOID card. If you are caught near a gun without one, you could face serious charges.

In a recent Illinois decision, police were responding to an alert of “shots fired” when they spotted a speeding car in which defendant was a passenger. Police found a gun in plain sight near the defendant’s feet. Although the gun was not tested for fingerprints and the serial number was not linked to defendant, he was convicted of Aggravated Unlawful Use of a Weapon and sentenced to three years in prison based on his failure to possess a valid FOID card. See People v Irwin.

If you are facing aggravated firearm charges, contact an experienced criminal law attorney immediately. If the police search was illegal, an attorney may be able to petition the court to suppress the resulting evidence even if you didn’t have a valid FOID card. Furthermore, the state still has the burden of proving you guilty of each element of an offense beyond a reasonable doubt. Does the state have the evidence they need? Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected at the courthouse 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 AGGRAVATED UNLAWFUL USE OF A WEAPON BASED ON INVALID FOID CARD appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

In a recent Illinois appellate case, the court held that that an endangered individual must be someone other than yourself. In People v Grant, the defendant was charged with recklessly discharging a firearm by accidentally shooting himself in an empty room. The court rejected the state’s argument that the defendant was an individual and thus he could be charged because he endangered himself.

Reckless discharge of a firearm is a Class 4 felony, punishable by 1 to 3 years in prison. If the shooting is from a car, the driver of the car may also be charged for the shooter’s actions.

If you are charged with an Illinois offense, contact an experienced criminal law attorney immediately. An attorney can review your case to determine your best defense. Can the state prove all the elements of the offense? Did the police act lawfully when they made your arrest? Was any search for a weapon legal? If not, an attorney can petition the court to suppress any evidence that was illegally taken.

Even if the police acted properly and 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 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.

See also: Reckless Discharge of a Firearm Statute.

(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 RECKLESS DISCHARGE OF A FIREARM IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.