Protecting Citizens Exercising Their 2nd Amendment Rights– Chicago Weapons Charge Lawyers
Law enforcement authorities and prosecutors take weapons offenses very seriously because of the potential danger posed to the public from unlawful use of a firearm. Although the Second Amendment protects the right of citizens to “bear arms,” there are significant limitations imposed on the manner and situation in which firearms and other weapons are possessed and used. Most Chicago weapons offenses involve aggravated charges because a gun was used during the commission of a crime or use of gun for legitimate activities that fails to comply with legal requirements for the possession, transportation or use a firearm. Either type of weapons charge is serious because you may face a three year term in state prison for unlawful possession of a firearm or substantial penalty enhancements for committing a crime while using a weapon.
There weapons laws that regulate firearms in Chicago and throughout Illinois are complex involving many different circumstances, including age, location, specific activity and other factors. Some municipalities in the greater Chicago area also have specific laws regarding gun use and possession within city limits. Experienced Chicago criminal defense attorney Robert J. Callahan and his team of attorneys and investigators provide aggressive defense of the constitutional rights, liberty and reputation of our clients in the full spectrum of Chicago weapons charge cases including:
- Unlawful possession of a firearm without a Firearm Owners Identification Card (FOID)
- Carrying a concealed weapon
- Improper transportation of a weapon in a vehicle (firearms must be kept in an inaccessible area and unloaded)
- Home invasion (with a firearm)
- Defacing a weapon (removing the gun’s serial number)
- Reckless discharge of a weapon
- Armed robbery
- Commission of a crime using a firearm
- Unlawful possession of a firearm by a felon
- Aggravated vehicular hijacking
- Improper modification to a weapon (sawed off shotgun)
- Unlawful use of a weapon
- Aggravated use of a weapon
Most Illinois gun charges are felonies carrying terms of incarceration in state prison for periods exceeding one year. When a weapons offense involves the use of a weapon during the commission of another underlying offense, the weapons charge may carry a mandatory minimum term of imprisonment. If you are arrested for committing another criminal offense while possessing a knife, firearm or other weapon, you may face exposure to lengthy terms of incarceration.
While Illinois weapons offenses are serious charges that may carry significant penalties, an arrest on a weapons charge is very different than a conviction. Chicago criminal defense attorney Robert J. Callahan may employ a variety of defenses depending on the specifics of your weapons charge criminal case, such as:
Improper Search: A firearm may be discovered during a warrantless search of one’s home, office or vehicle where there is no valid applicable exception to the warrant requirement. Even if the police have obtained a warrant prior to conducting a search, Mr. Callahan may be able to challenge the warrant based on law enforcement errors, misrepresentations in obtaining the warrant or a search exceeding the scope of the warrant.
Unlawful Stop: The police may not conduct a stop of your vehicle based merely on a hunch; the officer must have sufficient articulable facts of criminal activity to justify a stop. If the officer cannot establish sufficient legal basis for the stop, our experienced Chicago criminal defense attorneys may be able to file a motion to suppress a firearm discovered during the unlawful stop as “fruit of the poisonous tree.”
These are just a couple of defense strategies that our experienced team of Chicago weapons charge defense attorneys have effectively used to protect clients form the harsh consequences of a weapons charge. We carefully investigate the circumstance of our clients’ cases so that we can identify the best approach to obtaining a dismissal or acquittal. When such an outcome is not possible, we will seek the best possible outcome.
The Chicago federal criminal defense law firm of Robert J. Callahan & Associates is committed to aggressively protecting our clients from incarceration and damage to their reputation. We offer a free consultation so contact us today by calling us 24/7 at +1 (312) 322-9000 or Contact Us online by submitting an online contact form or through our Live Chat.