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.)

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You may be convicted of both charges even though your Aggravated Unlawful Use of a Weapon (AUUW) is based on not having a valid Firearm’s Owner Identification card (FOID). The elements of the two crimes are somewhat different and therefore, they create separate offenses. (See People v Schweihs).

Under the Illinois AAUW law, you can be charged if you knowingly carry a firearm on your person or vehicle except if you are on your own land, home or fixed place of business or someone else permits you to carry the weapon on their property. (See Aggravated Unlawful Use of Weapon).

The FOID law requires that you have a FOID Card previously issued by the Illinois State Police in your name in order to acquire or possess any firearm, stun gun, or taser within Illinois. (See FOID Card Act).

The difference between the two laws involves your location, which is an additional element required under the AAUW law. For example, if you possess the firearm in your own home without a FOID card, you may be charged with failing to have a valid ID but not AUUW. Once you leave your own premises, the AUUW may now come into play.

If you are charged with a weapons offense, contact an experienced criminal law attorney immediately. Do not talk to the police or try to “explain” your way out of your offense. You could give the state the evidence it needs to prosecute you. An experienced 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 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 CAN YOU BE CONVICTED OF BOTH AGGRAVATED UNLAWFUL USE OF A WEAPON AND NOT HAVING A FOID CARD? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Unless you’re caught red-handed, the state can show the contraband is yours through the doctrine of “constructive possession.” To do so, the state must prove beyond a reasonable doubt: 1) that you had knowledge of the contraband and 2) that you exercised immediate and exclusive control over the area where the goods were found. This evidence can be circumstantial.

A recent Illinois appellate case provides a good illustration of the law. (See People v Maldonado.) In Maldonado, the court reversed defendant’s convictions for possessing heroin and ammunition. The state did not prove that the defendant had control over the premises where the search took place. Although the state had three pieces of mail addressed to defendant at the premises, it still could not show that the defendant had been near the contraband or even at the site.

Mail addressed to a defendant where contraband is recovered may prove possession if the defendant is at the scene during the search. However, mail alone may not be enough if the defendant is not present and there is little other evidence to show the defendant lives at the search premises.

The court contrasted the facts in Maldonado with a prior case where defendant had keys to both the home and the bedroom where the drugs were found, listed the search premises on his driver’s license, received mail at that location and gave the premises as his address to his parole officer.

If you are charged with this or a similar 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 at 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 THE LAW ON PROVING POSSESSION OF DRUGS OR WEAPONS IN ILLINOIS 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.)

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