Weapons, UUW & FOID Charge Defense in Kane & DuPage County

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Gun, UUW & FOID Card Charges in Illinois

Illinois Gun Laws Are Strict, and the Penalties Can Be Severe

Illinois has some of the most detailed firearm laws in the country. A lawful gun owner can face a felony charge over how a gun was carried in a car, an expired FOID card, or a wrong turn into a place where carrying is prohibited. Attorney Joseph S. Angelillo defends people charged with unlawful use of weapons (UUW), aggravated UUW, FOID Card Act violations and related offenses in Kane County and DuPage County. Call (630) 688-7511 for a free consultation.

This page is general information about Illinois law, not legal advice about your situation, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and no lawyer can promise a particular result.

The FOID Card and Concealed Carry License

To lawfully possess a firearm or firearm ammunition in Illinois, a person generally must have a valid Firearm Owner’s Identification (FOID) card issued by the Illinois State Police, subject to limited exceptions. Carrying a concealed, loaded handgun in public also generally requires a concealed carry license (CCL) issued under the Firearm Concealed Carry Act.

Common FOID and carry problems include:

• possessing a firearm or ammunition with an expired or revoked FOID card, or without one;
• failing to surrender a FOID card and firearms after a revocation, such as one that follows an order of protection or a disqualifying conviction;
• carrying a handgun without a valid concealed carry license; and
• carrying in a prohibited location, which under the Concealed Carry Act includes places such as schools, courthouses, government buildings and many other locations, even for a license holder.

Unlawful Use of Weapons (UUW) and Aggravated UUW

The unlawful use of weapons statute (720 ILCS 5/24-1) covers a wide range of conduct, from carrying certain prohibited weapons to possessing a weapon in specific restricted settings. Aggravated unlawful use of a weapon (720 ILCS 5/24-1.6) is one of the most commonly charged gun offenses in Illinois. It is often charged when a person carries a firearm on their person or in a vehicle outside their home in a way the law does not allow, for example an uncased, loaded and immediately accessible gun without a valid concealed carry license, or any firearm without a valid FOID card.

Aggravated UUW is a felony, and the class depends on the circumstances and the person’s record. Unlawful possession of a weapon by a felon (720 ILCS 5/24-1.1) is a separate and more serious felony that can carry mandatory prison time.

Transporting a Firearm in a Vehicle

Many weapons cases begin with a traffic stop. Generally, a person without a concealed carry license who is transporting a firearm must have a valid FOID card, and the firearm must be unloaded and enclosed in a case, firearm carrying box, shipping box or other container, or otherwise not immediately accessible. Concealed carry licensees must follow their own rules, including disclosing the license and firearm when asked by an officer during a stop. Small details, such as where the gun was found and whether it was loaded or cased, can decide whether a felony charge holds up.

Other Weapons Laws

Illinois also regulates certain weapons and accessories beyond ordinary handguns and rifles. The 2023 Protect Illinois Communities Act restricts many firearms the law defines as assault weapons and many large-capacity magazines, and it has been the subject of ongoing court challenges. Other charges can involve defaced serial numbers, switchblades or other prohibited weapons, firearms near schools, or reckless discharge of a firearm. Because these laws change and are frequently litigated, it is important to have current legal advice about your specific situation.

Defending Weapons and FOID Charges

Weapons cases often turn on how the evidence was found and whether the State can prove you knew about and controlled the firearm. Possible issues include:

• The stop and search. Was there a lawful reason to stop the car or detain you, and was the search supported by a warrant, valid consent or probable cause?
• Possession. When a gun is found in a shared vehicle or home, the State must prove you knowingly possessed it. Proximity alone may not be enough.
• Licensing details. The FOID and carry license history, any renewal grace period, and whether an exemption applies.
• Statements. Whether anything you said was taken in violation of your rights.
• Constitutional challenges. Gun law is an active area of litigation, and some provisions have been limited or struck down over the years.

Depending on the evidence and your record, it may be possible to seek a dismissal, a reduction to a misdemeanor or non-weapons offense, or probation. A weapons conviction can also affect your FOID card, concealed carry license, employment and immigration status, so we look at the full picture before you make any decision.

What to Do If You Are Charged

• Do not make statements about where the firearm came from or who owned it without a lawyer.
• Gather your FOID card, concealed carry license and any renewal or revocation notices from the Illinois State Police.
• Follow every condition of pretrial release, including any order to surrender firearms or your FOID card.
• Contact a lawyer promptly, because early motions about the stop and search can shape the entire case.

Weapons Charges in Kane and DuPage County

Felony weapons cases in Kane County are generally heard at the Kane County Judicial Center in St. Charles, and DuPage County cases at the DuPage County Judicial Center in Wheaton. For how a case moves through each courthouse, see our Kane County criminal defense guide and DuPage County criminal defense guide, or our main criminal defense page.

If you have been charged with a weapons offense, or your FOID card has been revoked as a result of a criminal case, contact Angelillo Law or call (630) 688-7511.

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