UNLAWFUL USE OF A WEAPON AND EXEMPTIONS

The penalties for this category of offense vary widely according to the specific type, act, location, and sub-category of this offense.

• Making, selling, buying, carrying, or possessing such weapons as bludgeons, black-jack, slung-shots, sand-clubs, sandbags, knuckle weapons, throwing stars, or a switchblade or ballistic knife is a Class A misdemeanor punishable with up to 364 days in jail or two years of probation, and a possible $2500 fine.
• Carrying or having with intent to use a dagger, dirk, billy-club, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or a Taser is a Class A misdemeanor with up to 364 days in jail or two years of probation, and a possible $2500 fine.
• Carrying or having with intent to use a firearm in a religious building or house of worship is a Class A misdemeanor with up to 364 days in jail or two years of probation, and a possible $2500 fine.
• Carrying on one’s person or in one’s vehicle a tear gas dispenser or a dispenser for other noxious gas unless in a personal dispenser designed for personal protection. Class A misdemeanor with up to 364 days in jail or two years of probation, and a possible $2500 fine 
• Carrying concealed on one’s person or in one’s vehicle a pistol, revolver, stun gun or Taser or other firearm unless one is on or in one’s own property or on another’s property with permission is a Class A misdemeanor with up to 364 days in jail or two years of probation, and a possible $2500 fine, and a Class 3 felony carrying a sentence of two to five years (five to ten years if an extended sentence) with thirty months’ probation possible and up to a $25,000 fine for second or later offenses here. This does not apply if the weapon is 
• i broken down and not functional, or
• ii inaccessible, 
• iii unloaded and cased 
• iv carried by an FOID cardholder or carried by such a cardholder.
• Putting in place a spring gun is a Class A misdemeanor with up to 364 days in jail or two years of probation, and a possible $2500 fine.
• Possessing a silencer for a firearm is a Class 3 felony carrying a sentence of two to five years (five to ten years if an extended sentence) with thirty months’ probation possible and up to a $25,000 fine.
• Selling, making, buying, or having a machine gun or other automatic firearm is Class 2 felony carrying a prison sentence of three to seven years(seven to fourteen years if it is an extended sentence), or four years’ probation possible, plus a $25,000 fine. However, if the loaded weapon is possessed either in the passenger part of a vehicle or on one’s person, in which case it counts as a Class X felony. A Class X felony carries a sentence of six to thirty years’ incarceration (thirty to sixty years if an extended sentence), with no probation possible, and a $25,000 fine.
• Possessing a sawed-off shotgun or rifle is a Class 3 felony carrying a sentence of two to five years (five to ten years if an extended sentence), with thirty months’ probation possible instead, and up to a $25,000 fine.
• Possessing a bomb, shell, grenade, or other container for a lethal explosive device is a Class 3 felony carrying a sentence of two to five years of incarceration (five to ten years if an extended sentence), with thirty months’ probation possible instead and up to a $25,000 fine.
• Carrying or having a firearm or Taser or similar stun weapon in a place selling alcohol or in a gathering licensed by a governmental entity and charging admission except one where firearms are exhibited or displayed (e.g., a gun show) is a Class 4 felony carrying a sentence of one to three years (three to six years if an extended sentence), or thirty months’ probation, and up to a $25,000 fine and a Class 3 felony carrying a sentence of two to five years imprisonment (five to ten years if an extended sentence), or thirty months’ probation also possible instead, and up to a $25,000 fine for second or later offenses. 
• Having a lethal weapon such as a firearm or Taser on one’s person or in one’s vehicle when one is hooded or masked in such a way as to conceal one’s identity is a Class 4 felony carrying a sentence of one to three five years (three to six years if an extended sentence), or thirty months’ probation, and up to a $25,000 fine and a Class 3 felony with a sentence of two to five years imprisonment (five to ten years if an extended sentence), or thirty months’ probation also possible instead and up to a $25,000 fine for second or later offenses here.
• Carrying or possessing the aforementioned kinds of weapons in a public place or conveyance (e.g., a street or alley) within the boundaries of a municipality except when one has been invited to do so for selling or displaying such a weapon except that the weapon is
• i broken down and not functional, or
• ii inaccessible, or
• iii unloaded and cased or 
• iv carried by an FOID cardholder

counts as a Class A misdemeanor with a penalty of up to 364 days in jail and a fine of up to $2500. Probation may instead be imposed for a period of up to two years. Second or later offenses here are Class 3 felonies carrying a sentence of two to five years imprisonment (five to ten years if an extended sentence), or thirty months’ probation instead, and up to a $25,000 fine.

• Selling, making, or buying a bullet which explodes is a Class A misdemeanor with a penalty of up to 364 days in jail, or two years’ probation, and a fine of up to $2500. Probation may instead be imposed for a period of up to forty-eight months.
• Carrying on or in government property a billy-club or similar weapon is a Class A misdemeanor.

How we can defend you against an unlawful use of a weapon charge

• We can argue that it was a case of mistaken identity if it was not physically on you or visible to you (it was someone else’s weapon and not yours). 
• We might argue that you had immediate need of it for self-defense as a possible mitigating circumstance. 
• We can dispute the facts and testimony of witnesses or officers for this charge by filing “motions to suppress” unreliable, improperly obtained, or other questionable evidence or testimony (especially if you were improperly questioned or were not made aware of your rights). 
• If the evidence or testimony is still admitted by the judge, we can argue at trial that the evidence or testimony is incorrect or fabricated against you and therefore should give the jurors a reasonable doubt. More specifically here, we can dispute facts such as the type, operability, and location of any weapon you were allegedly carrying, buying, selling, or possessing.

This is where having an experienced attorney to represent you and negotiate and speak for you can save years of your life and large fines and/or foregone income. You deserve the best possible defense. 

Other lawyers so often talk of how they will “aggressively fight for you.” They are doing nothing more than basically quoting from the American Bar Association’s Rules of Professional Conduct about the principle of a “lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law.” When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. His extensive experience in criminal defense will help you avoid conviction or else minimize the penalties. Call criminal defense attorney Phillip Haddad at 708-833-3505 as soon as possible if you are in legal trouble.