What Are the Consequences of Illinois Concealed Carry Violations?

 Posted on September 28, 2020 in Criminal Defense

The Second Amendment to the U.S. Constitution protects citizens’ rights to keep and bear arms. Although gun rights can be quite controversial, many people believe that it is important to defend themselves in the event they are ever attacked. Certain states have their own laws pertaining to concealed or open carry of handguns. Currently, open carry is not legal in the state of Illinois. Concealed carry refers to carrying a firearm or other weapon in public in a concealed or hidden manner. 

Illinois gun owners must first obtain a Firearm Owners Identification (FOID) card before they can qualify for a concealed carry license (CCL). Once they have this permit, they must obey a strict set of regulations in order to keep their firearm. Not only can a violation lead to losing their license, but spending on the circumstances, an offender can face criminal charges, with penalties that include jail time and costly fines. 

Illinois Gun Laws

Under Illinois law, a valid FOID card is necessary to purchase and possess a gun in the state. Those individuals who own a FOID but who do not have a CCL are still permitted to transport guns as long as they are unloaded and enclosed in a case, firearm carrying box, shipping box, or another type of container. The Illinois State Police issues FOID cards, which are valid for 10 years. 

Illinois enacted the Firearm Concealed Carry Act in 2013, which allows those with a concealed carry license to carry a concealed handgun in public. Eligible individuals must be 21 or older and pass a 16-hour training course to receive a CCL. However, a law enforcement agency can object to a person being granted a CCL “based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.” 

Illinois CCL Violations and Their Penalties

The state of Illinois oversees the activity of its concealed carry holders and watches out for prohibited actions or behaviors. Example of CCL violations and their corresponding punishments are as follows:

• Concealing a weapon without a valid CCL: A first offense for Unlawful Use of a Weapon (UUW) is a Class A misdemeanor and a second or subsequent offense is a Class 3 felony. You could also face charges for this offense if you have a CCL, but it is not on your person while you are carrying a concealed weapon. A first or second violation carries a maximum six-month suspension of your CCL. 
• Carrying a weapon in a church, school, public park, courthouse, or other restricted location: A CCL holder who carries his or her firearm in a restricted place can face a Class B misdemeanor. A second or subsequent violation is charged as a Class A misdemeanor. Law enforcement may suspend a concealed carry license for up to six months for a second violation and permanently revoke a license after three or more infractions.

For those who have subsequent CCL violations, their license can be permanently revoked. It does not matter if the second and third violation are a few years or even decades apart.

Contact a Joliet Criminal Defense Lawyer

As an Illinois gun owner, it is important to know and follow the laws of the state. Our experienced Will County weapons violation defense attorneys understand how one mistake can impact the rest of your life. At McNamara Phelan McSteen, LLC, we will work tirelessly to protect your constitutional rights by building a strong defense on your behalf to have your charges dropped or dismissed altogether. Call us today at 815-727-0100 to schedule your free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497

https://www.ilga.gov/legislation/publicacts/98/PDF/098-0063.pdf