Most gun cases in Cook County do not start with a gun. They start with a traffic stop, a street stop, or a call about something else entirely.
That matters, because how the officer got from that stop to finding your firearm is usually the whole case. If a weapons count was filed alongside a drug charge, our drug possession defense page explains how those interact.
All three of our attorneys are former Illinois prosecutors. We know how these files get built, because we used to build them.
Aggravated unlawful use of a weapon is a Class 4 felony in Illinois for a first offense. If the firearm was uncased, loaded, and immediately accessible and you did not hold a valid FOID card, the offense becomes non-probationable and carries 1 to 3 years in prison.
That comes from 720 ILCS 5/24-1.6 (opens in a new tab).
Illinois splits weapons offenses by what you had, where you had it, and what paperwork you held at the time.
The label on your paperwork sets the sentencing range before anyone argues a single fact. Getting that classification right is the first thing we check.
Two people can be arrested with the same firearm and face very different outcomes.
The third row is the one that changes lives. Whether your case sits there often turns on details as small as where the firearm was in the car and whether your FOID application was pending.
A motion to suppress is frequently the most consequential moment in a gun case. It happens well before trial, which is why early involvement matters.
The Illinois State Police can revoke a FOID card or a concealed carry license after a criminal charge, an order of protection, or certain mental health adjudications.
That process runs separately from your criminal case, and people often lose the card without realizing it was a separate fight. If you are also dealing with a protective order, our order of protection defense page covers how the two overlap.
Bring your card status and any pending application to the first meeting. It changes what we argue.
The first week matters more than most people realize. These five steps protect the arguments we will need later.
Felony weapons cases in Chicago are generally heard at the Leighton Criminal Court Building. Suburban cases go to the district courthouse covering the arrest location.
We appear across Cook County, including:
Our Cook County court districts guide sorts it by address if you are not sure which applies.
Aggravated unlawful use of a weapon is a Class 4 felony for a first offense. Simple unlawful use of a weapon can be charged as a misdemeanor depending on the facts. Which one you face turns on the specific circumstances of the stop and your FOID status.
It matters a great deal. Several aggravating factors in the statute depend on not holding one, so a valid card can remove them and change the charge class. Bring your card and any pending application to your consultation.
Yes. This happens often when several people share a car or a home. The State has to prove possession, and being present where a firearm was found is not automatically enough. How they intend to prove it is one of the first things we examine.
Probation is available for many first-offense Class 4 AUUW charges. But certain fact patterns in the statute are non-probationable and carry 1 to 3 years. Which category applies depends on the details, and no attorney can promise an outcome.
The Illinois State Police can revoke a FOID card or concealed carry license following criminal charges, an order of protection, or certain mental health adjudications. That runs separately from your criminal case, and we handle both together.
A weapons count filed alongside a drug charge raises your exposure significantly and changes how both should be handled. Our drug charge defense page explains how Illinois treats those cases.
It can. Cases end when a search is found unlawful and the firearm is suppressed, or when the State cannot prove possession. A motion to suppress is often where that happens, well before any trial.
Carrying out of genuine fear is context a court can hear, though it does not by itself make possession lawful. How that argument is presented depends heavily on the facts, so tell us the full story at the first meeting.
Search and seizure arguments are raised early and on the court’s timetable. Body camera footage, dispatch logs, and inventory records are all easiest to obtain in the first weeks.
Tell us what you are charged with and how the firearm was found. We will explain what the State has to prove and where these cases usually break.
Call Ktenas Law at (312) 800-1626 or request a case review. Conversations with us are confidential.
This page is general information about Illinois law and is not legal advice. Weapons penalties depend on the charge, your record, and the facts of the stop. Speak with an attorney about your situation.
