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Kathryn L. Harry & Associates, P.C.
630-472-9700Available 24/7

Downers Grove weapons charges defense lawyerFirearm safety and gun laws are hot-button topics in America due to the high number of shootings that have occurred over the last couple of decades. Though many are advocating for the tightening of gun regulations across the nation, it is difficult to accomplish this when gun laws differ so significantly from state to state and situation to situation. Firearm owners should be sure to understand their gun rights as an Illinois resident or non-resident in order to avoid the possibility of facing weapons charges

Resident Rights

Obtaining the ability to legally carry and use a gun in Illinois is a fairly lengthy process. Residents planning to own firearms must acquire a valid Firearm Owners Identification (FOID) card. This is issued by the Illinois State Police after completing the application process and a required course. After receiving a FOID card and purchasing a gun, there is a 72-hour waiting period in order to earn possession of the firearm. 

Having a FOID card does not allow Illinois residents to walk around public areas while carrying guns. A concealed carry license is necessary in the state of Illinois. This is another process that requires the completion of a 16-hour training course. Applicants must be at least 21 years old. After obtaining a concealed carry license, Illinois residents must abide by the following regulations:

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Illinois weapons defense, DuPage County criminal lawyerMere possession of weapons can have a detrimental effect on your future if you are one of the thousands of individuals that is not permitted to carry a weapon under the law. While everyone has a right to bear arms, this right may be taken away or limited by the government if you are a convicted felon, faced domestic violence charges, are mentally incompetent, or have other previous offenses the government deems makes you unfit to carry freely.

Limitations on Carrying Generally

Consider also that such restrictions mean you cannot carry any enumerated weapon under the law, legal or illegal. If you were carrying unlawful weapons before, these restrictions do not mean now you can only carry lawful ones. Illinois places restrictions on items such as automatic firearms, silencers, or short-barreled shotguns generally. Just because someone is willing to sell you a weapon does not mean you are allowed to possess it, even if it is something a non-felon could lawfully own.

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McLean County State's Attorney Ronald Dozier has decided the current unlawful use of a firearm law is unconstitutional. He says his office will no longer prosecute people in trouble only for carrying a firearm and not for using it.

He states the Mclean County State's Attorney's Office will no longer enforce parts of the law that criminalizes law-abiding citizens exercising their Second Amendment rights.

"I just simply commend him for coming forward with that," said Edwards County State’s Attorney Mike Valentine. On the same day, Valentine released a statement in support of Dozier, hoping Mclean County’s steps draw attention. "Every other state in the union has some sort of provision that allows citizens to bear arms,” said Valentine. “I believe all those other states can&t be doing something wrong."

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A thirteen year old boy was shot and killed in what prosecutors are labeling a gang-related murder. Andre Alejandro, 22, of Rogers Park, has been charged with fatally shooting Ivan Alanis in the face after shouting gang slogans at him. Alejandro is an admitted member of the Gangster Disciples street gang.

According to prosecutors, Ivan walked into Laurie’s Pizza and Liquors, in the 5100 block of North Broadway, with his older sister and her friend. Alejandro believed them to be members of a rival gang. He exchanged words with the group and then pulled out a gun, firing it three times, hitting the boy in the mouth. The victim was pronounced dead at the hospital.  Prosecutors said no one in Ivan’s group was armed.

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