Possession of a Weapon By a Felon in Chicago

Updated on 08/11/2023 / Under

In Illinois, it is prohibited for an individual to be in possession of specific weapons outright and it is required for every gun owner to have a FOID that is a firearm owner's ID card to show that they are complying with the law. In the case where you have been convicted of a felony, you will likely lose your right to own a gun. If you have a felony conviction and are found in possession of a weapon you will face serious charges.

Prosecutors and police aggressively pursue weapon charges. However, they are tougher when a convicted felon is found to be in possession of an illegal firearm or any other prohibited weapon. The mere possession of a firearm even if you have no intention of using it is enough for you to be charged with the unlawful use of a weapon by a felon. You can still be charged if a firearm owned by another person is found in your home. If you are charged with possessing a weapon as a convicted felon you need to reach out to a criminal defense attorney in Chicago as soon as possible.

What Weapons Can Felons Not Own?

Just like other people residing in the state of Illinois, A convicted felon is not allowed to knowingly possess certain kinds of weapons that are considered dangerous under any circumstance. These weapons include switchblades, metal knuckles, throwing stars, and bludgeons.

Chicago felony criminal defense lawyer Alex Ktenas

Under most circumstances, convicted felons are prohibited and not allowed to be in possession of any kind of ammunition or firearm. Also, they are not permitted to be in possession of even the legally permitted ammunition and firearm in Illinois. If the felon has appealed for relief in court or with the Illinois director of police then an exception can be made.

Consequences For Possession of a Weapon By a Felon

Possession of a weapon by a felon can be classified as a class 2 felony hence the consequences of a conviction are usually severe. If convicted for unlawful possession of a weapon in Illinois the judge will not have the discretion to allow an individual to not go to state prison. Simply, you will not be eligible for probation. You may have to deal with other consequences as a result of a criminal conviction such as paying a hefty fine, community services, and more.

Court-imposed penalties are not the only thing you will have to worry about you are also likely to suffer a wide range of other negative consequences. Some of these consequences are:

  • You may have a hard time getting rental housing.
  • Prospective employers will conduct a background check on you and judge you based on your past.
  • You will not be eligible for certain state employment licenses.
  • You may no longer be eligible for grants, scholarships, and certain loans.
  • If you are an immigrant, USCIS may take potential adverse actions against you such as denial of citizenship, removal, exclusion, and other actions.
a judge's office with legal books and a gavel

Any gun charge or offense can result in consequences for the criminal offender if convicted. The consequences that come as a result can end up disrupting an individual’s life and even their freedom. However, even as this is the case, In Illinois possession of a firearm is among one of the most serious gun crimes.

The sentence that the offender will serve will depend on the factors surrounding the case and how the individual came to be in possession of the firearm. If the conviction is a class 2 felony then an individual faces 3-14 years in the state prison. If the felon is a class 3 felony which is a little less serious compared to eth class 2 felony offense then they risk serving a prison sentence of 2 to 10 years.

If factors revolving around the case result in the individual being convicted for a Class X Felony then they will be sentenced to 6-30 years in prison and will be ineligible for probation.

What Proof is Required to Be Convicted of Unlawful Possession By a Felon?

It is important for there to be proof of knowledge in that the accused or defendant should be aware that they were in possession of the weapon. If they were not aware that they were in possession of the firearm or weapon then an Arizona criminal defense attorney can build a defense strategy around this and fight for them in court so they can avoid the negative consequences of an unlawful possession conviction.  

Learn More: How to Beat a Gun Charge

Defense Strategies For Felon in Possession Charges

Due to the harsh consequences of the unlawful use of a weapon charge in Chicago, it is crucial for you to hire an experienced criminal defense attorney at Ktenas Law. Our gun charge lawyer can use the following strategies and will present you with more options depending on your case:

  • Violation of the fourth amendment where an improper search was conducted.
  • Lack of knowledge of the presence of the firearm.
  • The accused was the one that found the firearm.
  • The offender has given law enforcement a notice that the gun was being transported to the agency.
  • Statements or confessions have been illegally obtained.
  • If the firearm was taken from a person that was using the weapon against the accused in the commission of a violent crime.

As a law firm, we know how intimidating it can be to pursue your possession of a firearm charge against the prosecution and law enforcement agencies since they have the resources and the power to ruin your reputation and tamper with your freedom.

Our gun crime attorney and the legal team work together and carry out investigations so we can uncover any factual deficiencies, improper procedures used by law enforcement, and other factors surrounding your case so we can make sure that our clients who are facing illegal possession charges get the best possible outcome.

You can book our confidential consultation and get to know about your rights and the options you have for your weapons charge. Call us or reach out through the contact form and we will let you know how we can help.