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Posted on in Weapons Charges

gun, Kane County criminal defense lawyersOver the last several years, there has been no shortage of tragedies involving gun violence. Mass shootings in Connecticut, Colorado, Florida, and Nevada have raised the public consciousness regarding the availability of firearms and the associated rights promised by the Second Amendment to the U.S. Constitution.

In the wake of these terrible events, many states have passed so-called "red flag" laws that allow authorities to temporarily seize guns from individuals whom the courts have determined pose a threat to themselves or others. Earlier this month, Illinois became the 13th state to pass such a measure as Governor Bruce Rauner signed House Bill 2353 into law.

Firearms Restraining Order Act

The new law is called the Firearms Restraining Order Act, and it created a new type of specific restraining order for preventing a person from possessing, purchasing, or handling a firearm. The law also established a process for those who fear that a loved one may present a danger to themselves or others to take action.

Under the new law, a family member of the individual in question may file a petition to confiscate weapons the person due to a perceived danger. A police officer can also file the petition. A circuit court judge must hold a hearing to review the evidence and decide whether to issue a firearms restraining order. If the situation is severe enough, the hearing may be considered an emergency and be held on the day of the filing without notice to the subject. The subject has the right to a hearing within two weeks if the order was issued on an emergency basis.

If an order is issued, the subject will be not be permitted to own, possess, receive, buy, or control a firearm for a period of six months. Their Firearms Owner Identification (FOID) card will be suspended as well. The subject of a firearms restraining order can request one hearing to terminate the order, and he or she must prove that he or she no longer poses a threat. As the end date approaches, the person who filed the original petition may request a renewal and must show that the subject still presents a danger.

Concerns of Possible Abuse

While the new law is intended to promote public safety, there are many in the community who are skeptical about how it will be applied. Some believe that these orders could be used to damage a person’s reputation unfairly and to simply take their guns away without sufficient justification. Others have expressed concern over the availability of orders without notice to the subject. To address such concerns, the new law includes provisions that allow petitioners who make false statements to be prosecuted for perjury.

We Can Help

If you have questions about how the new law could affect your rights to legally own a firearm, contact an experienced Elgin criminal defense attorney. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

http://www.chicagotribune.com/news/local/breaking/ct-met-illinois-gun-violence-laws-orders-of-protection-20180713-story.html#

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=91&GA=100&DocTypeId=HB&DocNum=2354&GAID=14&LegID=102977&SpecSess=&Session=

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Posted on in Weapons Charges

gun law, Elgin criminal defense attorneyThe tragic events that took place at Marjory Stoneman Douglas High School last month shocked the public. It is one of many school shootings which have rocked the public’s sense of safety in recent years. The shooting, which left 17 victims dead, has ignited the controversy regarding gun laws arguably more than any previous event. It is important now more than ever that all citizens understand the rights and responsibilities of those who choose to purchase a gun.

What is Required to Purchase a Gun in Illinois?

If an Illinois resident wishes to possess a firearm, he or she must obtain a Firearm Owner’s Identification (FOID) card. These cards are issued by the Illinois State Police to applicants who meet certain requirements. There are some instances in which a person will not be allowed to get a FOID card. Specifically, an applicant will not be eligible for a FOID card if he or she:

  • Has been convicted of a felony;
  • Has been convicted of assault or battery;
  • Has been convicted of domestic violence;
  • Is the subject of an order of protection (sometimes called a restraining order);
  • Has been a in a mental institution within the last five years;
  • Suffers from certain mental illnesses or cognitive impairment;
  • Is an illegal immigrant;
  • Is under the age of 21 and does not have written consent of a parent or legal guardian who is also legally able to possess firearms; or
  • Is under the age of 18.

Concealed Carry

An Illinois resident who wishes to conceal carry their gun must be licensed to do so. The Illinois State Police Department issues licenses to applicants aged 21 or older who pass a training course and meet other requirements. It is important to note that any law enforcement agency can block an applicant’s access to a concealed carry license "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety".

Gun owners should also be aware that gun laws can differ within the state. Some Illinois local governments have passed ordinances that are more restrictive than those of the state at large. For example, the city of Chicago and Cook County do not allow the possession of certain semi-automatic firearms that are sometimes referred to as assault weapons.

If you are facing weapons charges, you need an experienced Kane County criminal defense attorney who will fight for your rights. Call 847-488-0889 for a free, confidential consultation at The Law Office of Brian J. Mirandola today.

Sources:

https://www.ispfsb.com/public/foid.aspx

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39

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Posted on in Weapons Charges

firearm, Kane County criminal defense attorneyWeapons and firearms laws in Illinois have long been among the most restrictive in the country. It is, however, possible for private citizens to own and carry a firearm under certain conditions. Failure to comply with the appropriate laws regarding firearms can have extremely serious criminal consequences, so it is important to understand how to remain legal at all times.

Firearm Owner&s Identification

The state of Illinois currently requires that anyone who owns a firearm must have a valid Firearm Owner’s Identification (FOID) card issued in his or her name. One must have a valid FOID in order to buy or possess firearm ammunition as well. Plain and simple, if you do not have one of these identification cards, you could face criminal charges if you are found to be in possession of either a firearm or ammunition. In order to qualify for such identification, you must provide a complete an extensive application and pay required fees.

Concealed Carry

Illinois also maintains a concealed carry law, meaning that legal firearm owners may be permitted to carry a concealed firearm. To do so, an individual must obtain a concealed carry permit in addition to the FOID. That is to say, a person can only carry a concealed firearm legally if he also has been issued a license to carry a concealed firearm by the Illinois Department of State Police. This firearm can only be a handgun (loaded or unloaded), but must be completely or mostly invisible from the public or in a vehicle. Concealed carry laws do not authorize the concealed carrying of a stun gun, a laser, a rifle, a spring gun, a machine gun, or a paintball gun, among others.

Transporting a Firearm Without a Concealed Carry Permit

When you transport a firearm in your vehicle--to a shooting range or hunting camp, for example--the weapon could be considered concealed. How can this be legal without a concealed carry license? Illinois provides that you may transport a legally-owned firearm, but it must be unloaded and secured inside a case. Without a concealed carry license, it is a Class 4 felony to carry an uncased, loaded firearm that is immediately accessible.

Legal Help for Weapons Charges

If you have been charged with a firearm violation, you need an attorney who will fight to protect your rights. Contact experienced Elgin criminal defense lawyer Brian J. Mirandola today and get the high-quality representation you deserve. Call 847-488-0889 for a free, confidential consultation.

Sources:

http://www.senategop.state.il.us/portals/0/concealed-carry/13%20concealed%20carry%20report.pdf

http://www.isp.state.il.us/docs/ptfire.pdf

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