Unlawful Use of a Weapon (UUW)
Chicago Criminal Attorney
Aggressive Defense in Illinois State and Federal Courts
Weapons Charges · Unlawful Use of Weapon · UUW
In Illinois, a weapons charge is always a felony and carries harsh penalties. What constitutes the illegal use of weapons under the state’s Unlawful Use of Weapon (UUW) law includes the following:
- The firearm is uncased, loaded and immediately accessible.
- The firearm is uncased, unloaded and ammunition for the weapon is immediately available.
- The person with the firearm has no valid Firearms Owner Identification Card (FOIC).
- The person with the firearm was previously convicted of a felony as a juvenile.
- The person with the firearm is committing a misdemeanor violation of the Cannabis Control Act or the Controlled Substances Act.
- The person with the firearm is engaged in street-gang related activity.
- The person with the firearm had an order of protection issued against him or her within the last two years.
- The person with the firearm was engaged in the commission of a misdemeanor involving the use or threatened use of violence against another person or property.
- The person with the firearm was under 21 years of age and in possession of a handgun unless the person is engaged in lawful activities under the Wildlife Code.
Penalties for Weapons Offenses in Illinois
An landmark Illinois gun law enacted in 2000, called the Safe Neighborhoods Law created the "aggravated" unlawful use of a weapon, giving prosecutors substantial flexibility in securing charges and substantially increasing penalties for other gun offenses. The law provides that:
- Gang members convicted of intimidation or harassing jurors or witnesses get a 10-year prison sentence.
- Judges can sentence gangbangers to extended terms for any felony crimes.
- Gang members on probation must serve 120 hours of community service.
- Criminals convicted of committing a felony with a handgun get a minimum 15 years in prison.
- Any person prohibited by law from possessing a firearm and caught with a gun will be charged with a felony.
- Intentionally destroying the serial number on a firearm is a felony.
- People who are out on bail and are caught in possession of a firearm are charged with a felony.
- A person who is out on bail and is charged with stalking or domestic battery must surrender all firearms in his possession.
- Parents who knowingly allow their children to be sexually abused or force them into prostitution will be charged with a felony.
- Drunk drivers who violate a restricted drivers’ permit or a judicial drivers’ permit must spend a minimum of seven days in jail or perform 30 hours of community service.
If you are arrested for unlawful use of a weapon, seeking immediate legal counsel is crucial. At the Chicago law firm of attorney, Roberta Cole, we have extensive experience in criminal defense and prosecution in Illinois State and federal courts, and are well-versed in weapons and firearm laws. Call our office at (800) 685-9281 to arrange a no obligation consultation to discuss the charges brought against you. Our phones are answered 24/7.