Weapons Charges

Cases involving weapons in Illinois usually are when possessing a firearm, but they can also include other weapons such as knives, brass knuckles, stun guns and bludgeons. The exact penalties for a weapons charge depends on several factors, including the type of weapon, how the weapon was being used, if the weapon was loaded or concealed, and the defendant’s criminal record. Weapons offenses are most often charged as felonies, especially when the weapon is used during the crime itself. If a weapon is not used but rather only in ones possession, the weapon offense may be charged as a misdemeanor. Firearm and weapons charges are serious in Illinois, and convictions for these types of offenses can result in prison time, fines, and criminal records that can affect a person’s life for years.


Most firearm charges are based on the possession of the firearm but will carry additional sentences ranging from 15, 20 or 25 year add-ons if the firearm was used in the commission of the crime and caused injury. Firearm violations penalties vary depending on the circumstances of the arrest such as illegal possession, possession without a Firearms Owner’s Identification Card (F.O.I.D), possession by a convicted felon, possession by a gang member, or if used in the commission of a crime. A list of firearm violations include:

  • Aggravated Battery with a Firearm

  • Aggravated Discharge of a Firearm

  • Aggravated Discharge of a Machine Gun or a Firearm Equipped with a Silencer

  • Aggravated Unlawful Use of a Weapon

  • Aggravated Vehicular Hijacking

  • Armed Habitual Criminal

  • Armed Robbery

  • Armed Violence

  • Defacing Identification Marks of Firearms

  • Federal Firearms Prohibitions

  • Firearm Owner Identification Card Violations

  • Gunrunning

  • Home Invasion

  • Reckless Discharge of a Firearm

  • Unlawful Possession of Firearms and Firearm Ammunition

  • Unlawful Use of Weapons

  • Unlawful Use or Possession of Weapons by Felons

  • Unlawful Use or Possession of Weapons by Persons in the Custody.

Common Types of Firearm and Weapon Offenses

  • Possession (concealed, loaded, or with no permit)

  • Possession of a firearm by a convicted felon

  • Possession of an assault weapon

  • Possession of an illegal weapon (knives, bludgeons, brass knuckles, other weapons)

  • Brandishing a firearm

  • Discharging a firearm

  • Selling a firearm

  • Using a gun during the commission of a crime such as assault, robbery, or drug offenses

If you or someone you know is charged with a weapons case, contact my office to schedule your initial consultation (847) 977-6298 and I will aggressively defend your rights.