According to FoxNews Chicago & Cook County prosecutors, one lifelong Chicagoan gave this explanation during one of the first aggravated unlawful use of a weapon (AUUW) arrests of 2019 in the city. Even if he has a point, he’s got a problem: he’s a convicted felon. Felons caught with a gun in Chicago face 3-7 years in prison to think about why they had that gun.
Aggravated Unlawful Use of a Weapon (AUUW). What type of use? Possession. What type of aggravation? The type that results in a felony conviction and prison sentence, even to someone with ZERO criminal history. The two most common weapons offenses charged in Illinois are:
POSSESSION OF A FIREARM WITHOUT A FOID:
Illinois is one of 12 states & the District of Columbia that require residents to obtain a Firearm Ownership Identification Card, commonly known as a FOID card, before owning, let alone possessing, a gun.
Punishment:
In home: Class A misdemeanor
Outside: Class 3 felony: 2-5 years IDOC
FELON IN POSSESSION OF A FIREARM:
If you have a felony conviction, any felony conviction, you cannot own or possess a firearm in Illinois.
Punishment:
Class 2 felony: 3-7 IDOC.
Others ways an individual can be charged with Aggravated Unlawful Use of a Weapon exist, such as:
- Possessing a firearm while engaging in or attempting to engage in a misdemeanor violation of a cannabis or controlled substance offense ;
- Possessing a firearm when an order of protection has issued against that person within the last 2 years ;
- Possessing a firearm while engaging or attempting to engage in a misdemeanor involving the use or threat of violence.
In the past few years, Chicago has gained a nationwide reputation as the gun and homicide capital of America. Whether or not that is true, since topping the charts in 2016, Chicago has seen a significant reduction in gun violence and homicide. That being said, compared to New York and Los Angeles, Chicago’s homicide rate is still larger than both of those cities combined. The majority of those homicides being gun related deaths.
The Chicago Police (CPD) are on the hunt for illegal guns. In 2018, CPD seized more than 9,500 illegal guns off the streets of Chicago, at a rate of one gun seized per hour in the year. Most of the firearms recovered were handguns, however, almost 200 Assault Rifles, including AK-47s and AR-15s, were also seized in 2018.
The Cook County State’s Attorney’s Office is also on a mission to eradicate gun violence in Chicago. In response to the homicide rates reaching heights not seen since the height of the crack epidemic in 1993, the Cook County State’s Attorney’s Office created its own gun task force to combat gun violence in Chicago. What does that mean for regular people subject to the whims of the criminal justice system? More gun arrests, more aggressive gun prosecutions.
Illinois law takes no prisoners when it comes to gun cases. Or more accurately, it only takes prisoners. All forms of Aggravated Unlawful Use of a Weapon are non-probation eligible offenses. If you are convicted of these offenses, the questions isn’t if you are going to prison, but for how long. The only exception is for offenders under the age of 21.
Serious charges such as Aggravated Unlawful Use of a Weapon require a serious defense. The best legal defenses to these charges are:
- an illegal seizure by the cops/government
- lack of knowledge of the firearm
- lack of accessibility to the firearm
Proving these defenses in court isn’t easy. The cops searched you illegally? Prove it. You didn’t know about that gun? Prove it. You didn’t have access to that gun? Sure.
We all know that the United States Constitution says that we are all innocent until proven guilty, but let’s be honest, that’s not going to stop the cops from charging you. And it’s not going to stop the State of Illinois from sending you or a loved one to prison. Only an aggressive criminal defense strategy can.
At Robert Callahan & Associates, we know that strategy well. With over 24 years of experience fighting gun cases all over Illinois, our defense team is ready to fight for you and your family.
Because living in Chicago isn’t a reason to illegally possess a gun, let alone a legal defense. Call Robert Callahan & Associates to discuss your gun charge.