DuPage County Weapons Crimes Defense Attorney

What are Weapons Crimes?

Weapons crimes involve the unlawful possession, use, or carrying of firearms and other dangerous weapons, ranging from misdemeanor violations to serious felonies that can result in years in prison and permanent loss of gun rights.

In Illinois, weapons laws are among the strictest in the nation, with complex regulations governing who can possess firearms, where they can be carried, and under what circumstances. These charges can affect anyone - from law-abiding gun owners who make technical mistakes to people exercising their Second Amendment rights - and carry consequences that can destroy careers, families, and constitutional rights forever.

The weapons crime reality: What starts as a routine traffic stop, home search, or misunderstanding about gun laws can quickly escalate into felony charges that threaten everything you've worked to build - your freedom, your gun rights, your reputation, and your family's security.

Modern weapons enforcement uses aggressive tactics and strict liability standards that can result in charges even when you believe you're following the law. The penalties have become so severe that any weapons-related charge requires immediate, experienced defense to protect your constitutional rights.

Types of Weapons Charges We Defend

Illinois weapons law encompasses dozens of different charges and violations, each with unique defenses and severe consequences. We defend every type of weapons crime case.

Unlawful Use of Weapons (UUW) - 720 ILCS 5/24-1

The foundation of Illinois weapons law with multiple scenarios creating criminal liability.

Core UUW Violations:

• 720 ILCS 5/24-1(a)(1) - Carrying concealed deadly weapon
• 720 ILCS 5/24-1(a)(2) - Carrying loaded/accessible firearm in vehicle
• 720 ILCS 5/24-1(a)(3) - Carrying firearm on person/in vehicle on public street
• 720 ILCS 5/24-1(a)(4) - Carrying firearm without valid FOID card
• 720 ILCS 5/24-1(a)(10) - Carrying firearm while hooded or masked

Enhanced UUW Penalties:

• Class A misdemeanor for basic violations
• Class 4 felony for repeat offenses
• Enhanced penalties near schools and parks
• Mandatory minimum sentences possible

Aggravated Unlawful Use of Weapons (AUUW) - 720 ILCS 5/24-1.6

Enhanced felony charges for weapons violations in specific circumstances.

AUUW Elements:

• 720 ILCS 5/24-1.6(a)(1) - UUW while on public property
• 720 ILCS 5/24-1.6(a)(2) - UUW in vehicle on public property
• 720 ILCS 5/24-1.6(a)(3) - UUW without valid concealed carry license
• Class 4 felony with 1-3 years prison
• Enhanced penalties for repeat violations

AUUW Defenses:

• Private property exceptions
• Valid concealed carry license
• Transportation compliance
• Constitutional challenges

Armed Habitual Criminal - 720 ILCS 5/24-1.7

Career offender statute with mandatory prison sentences for repeat violent felons.

Armed Habitual Criminal Elements:

• Possession of firearm after two prior violent felony convictions
• Class X felony with 6-30 years prison
• Mandatory minimum 6-year sentence
• No probation or conditional discharge

Qualifying Predicate Offenses:

• Armed robbery and home invasion
• Aggravated battery and assault
• Drug trafficking violations
• Weapons charges and gun crimes

Aggravated Discharge of Firearm - 720 ILCS 5/24-1.2

Serious felony charges for discharging firearms in dangerous circumstances.

Aggravated Discharge Categories:

• 720 ILCS 5/24-1.2(a)(1) - Discharge toward person or group
• 720 ILCS 5/24-1.2(a)(2) - Discharge toward occupied vehicle/building
• 720 ILCS 5/24-1.2(a)(3) - Discharge on/near school grounds
• 720 ILCS 5/24-1.2(a)(4) - Discharge toward police officer

Enhanced Penalties:

• Class 1 felony with 4-15 years prison
• Class X felony for school grounds (6-30 years)
• Extended terms for repeat offenses
• No probation for some circumstances

Unlawful Possession by Felon - 720 ILCS 5/24-1.1

Federal and state charges for convicted felons possessing firearms.

Felon in Possession Elements:

• Prior felony conviction
• Knowing possession of firearm
• Class 3 felony with 2-5 years prison
• Federal prosecution possible (18 USC 922(g))

Restoration of Rights:

• Pardon restoration procedures
• Expungement of predicate offense
• Constitutional challenges
• Federal relief from disabilities

FOID Card Violations - 430 ILCS 65

Illinois-specific requirements for firearm ownership and possession.

FOID Card Requirements:

• 430 ILCS 65/2(a) - Required for firearm possession
• 430 ILCS 65/3 - Application and eligibility requirements
• 430 ILCS 65/14 - Penalties for violations
• Class A misdemeanor for first offense
• Class 4 felony for subsequent violations

FOID Disqualifiers:

• Felony convictions and pending charges
• Mental health commitments
• Restraining orders and domestic violence
• Drug addiction and controlled substance violations

Concealed Carry Violations - 430 ILCS 66

Violations of Illinois concealed carry licensing requirements.

Concealed Carry License Requirements:

• 430 ILCS 66/25 - License required for concealed carry
• 430 ILCS 66/65 - Prohibited areas and restrictions
• 430 ILCS 66/70 - Penalties for violations
• Class A misdemeanor for unlicensed carry
• Enhanced penalties in prohibited areas

Prohibited Carry Locations:

• Schools and educational institutions
• Government buildings and courthouses
• Public transportation and airports
• Bars and establishments serving alcohol
• Hospital and healthcare facilities

Weapons in Schools - 720 ILCS 5/24-1

Enhanced penalties for weapons violations on educational property.

School Zone Violations:

• 720 ILCS 5/24-1(a)(9) - Firearm in school or on grounds
• 720 ILCS 5/24-1(c)(1.5) - Enhanced school penalties
• Class 4 felony with enhanced sentencing
• Mandatory expulsion consequences

Educational Impact:

• Automatic school expulsion
• Loss of educational opportunities
• Scholarship and program disqualification
• Lifetime educational consequences

Gun Trafficking and Straw Purchases

Federal and state charges for illegal firearm distribution and sales.

Straw Purchase Elements:

• Purchasing firearm for prohibited person
• False statements on federal forms
• Federal prosecution under 18 USC 922
• State conspiracy and aiding charges

Gun Trafficking Penalties:

• Federal charges with 10+ year sentences
• RICO and organized crime enhancements
• Asset forfeiture and financial penalties
• Interstate commerce violations

Other Weapons Violations - 720 ILCS 5/24

Non-firearm weapons charges including knives, clubs, and dangerous devices.

Dangerous Weapons:

• 720 ILCS 5/24-1(a)(5) - Switchblade and automatic knives
• 720 ILCS 5/24-1(a)(6) - Ballistic knives
• 720 ILCS 5/24-1(a)(7) - Metal knuckles and blackjacks
• 720 ILCS 5/24-1(a)(8) - Throwing stars and nunchucks

Explosive Devices:

• 720 ILCS 5/20-2 - Possession of explosive/incendiary devices
• 720 ILCS 5/24-2 - Manufacture of weapons
• Enhanced federal prosecution possible
• Terrorism-related charge enhancements

Our Comprehensive Defense Strategy

Every weapons case is different, but our approach combines constitutional challenges with technical defenses that protect your Second Amendment rights and minimize criminal consequences.

As a former DuPage County prosecutor who handled thousands of weapons cases, I know how the system works and what it takes to win firearms cases. We use that insider knowledge to build defenses that protect our clients' gun rights and freedom.

Our approach: Challenge every aspect of the prosecution's case while asserting your constitutional rights and building technical defenses that create reasonable doubt.

12-Point Comprehensive Weapons Defense Strategy

1. Constitutional and Second Amendment Challenges

• Second Amendment rights - individual right to bear arms
• Constitutional challenges - vague and overbroad statutes
• Due process violations - procedural and substantive challenges
• Equal protection - discriminatory enforcement claims

2. Search and Seizure Challenges

• Fourth Amendment violations - illegal searches and seizures
• Vehicle search challenges - consent and probable cause
• Home search attacks - warrant requirements and exceptions
• Stop and frisk - reasonable suspicion standards

3. Possession and Knowledge Defenses

• Constructive possession - challenging knowledge and control
• Joint possession - multiple person scenarios
• Temporary possession - emergency and necessity situations
• Innocent possession - lack of criminal intent

4. FOID Card and Licensing Defenses

• Valid license defense - current FOID or concealed carry
• Application pending - administrative delay situations
• Interstate travel - federal safe passage laws
• Emergency exceptions - self-defense necessities

5. Transportation and Storage Compliance

• Proper transportation - unloaded and enclosed requirements
• Vehicle storage - trunk and case requirements
• Home possession - private property exceptions
• Business premises - workplace and commercial exceptions

6. Self-Defense and Justification Claims

• Immediate danger - imminent threat requirements
• Reasonable belief - perception of deadly force threat
• Proportional response - appropriate force levels
• Castle doctrine - home and vehicle protection

7. Federal vs. State Jurisdiction Issues

• Concurrent jurisdiction - federal and state prosecution
• Interstate commerce - federal nexus challenges
• Double jeopardy - multiple prosecution protection
• Venue challenges - proper court jurisdiction

8. Prior Conviction Challenges

• Predicate offense attacks - challenging qualifying convictions
• Expungement impact - restored gun rights
• Constitutional violations - uncounseled convictions
• Restoration procedures - federal relief applications

9. Technical and Statutory Defenses

• Statutory interpretation - challenging vague elements
• Definition disputes - firearm and weapon classifications
• Exception applicability - statutory safe harbors
• Compliance documentation - proper permit and license proof

10. Mental Health and Capacity Issues

• Mental health disqualifiers - challenging commitment records
• Competency evaluation - fitness for possession
• Medical documentation - treatment and recovery evidence
• Restoration procedures - regaining gun rights

11. Prosecutorial Misconduct and Discovery

• Brady violations - failure to disclose evidence
• Discovery disputes - access to evidence and reports
• Expert witness - ballistics and forensic challenges
• Chain of custody - evidence handling and integrity

12. Sentencing Mitigation and Alternative Outcomes

• First offender treatment - avoiding felony conviction
• Court supervision - protecting gun rights
• Plea negotiations - reducing charges and penalties
• Alternative sentencing - community service and education

The comprehensive advantage: Weapons defense requires challenging technical elements while asserting constitutional rights and building defenses that protect your Second Amendment freedoms.

Why Choose McMahon Law Offices for Your Weapons Defense

Weapons defense requires attorneys with the experience, knowledge, and commitment to fight for your constitutional rights and freedom.

Former Prosecutor Insider Knowledge

During my decade as a DuPage County prosecutor, I handled thousands of weapons cases and learned exactly how the system works. I know:

• How prosecutors evaluate weapons cases and constitutional challenges
• What evidence police need to prove possession and intent
• Which judges respect Second Amendment rights and which favor prosecution
• How to negotiate favorable outcomes that preserve gun rights
• What it takes to win complex constitutional challenges

Proven Track Record of Results

Over 1,000 weapons cases defended with consistent results:

• Dismissals through constitutional and technical challenges
• Acquittals at trial through reasonable doubt and self-defense
• Charge reductions from felonies to misdemeanors
• Gun rights preservation through court supervision and alternatives
• FOID restoration after successful case resolution

Constitutional Rights Expertise

Our team includes:

• Former prosecutor with insider knowledge of weapons enforcement
• Constitutional law specialists with Second Amendment expertise
• Expert witnesses in ballistics and firearms technology
• FOID and licensing specialists for administrative issues
• Federal defense coordination for multi-jurisdictional cases

24/7 Availability and Immediate Response

Weapons cases require immediate action:

• 24/7 availability for emergency consultations and arrests
• Immediate response to preserve evidence and rights
• Same-day jail release assistance
• Emergency motions for evidence suppression

Client-Centered Approach

Every case receives:

• Personal attention from experienced constitutional rights attorneys
• Regular communication about case progress and strategies
• Honest assessment of constitutional defenses and outcomes
• Strategic planning to preserve gun rights and minimize consequences
• FOID restoration assistance after successful case resolution

Our commitment: We fight every weapons case with the same intensity and dedication, because we understand that your Second Amendment rights and freedom depend on the outcome.

Our Philosophy and Commitment

We believe that the Second Amendment protects individual rights and that law-abiding citizens should not be criminalized for exercising their constitutional freedoms.

At McMahon Law Offices, we believe:

• Second Amendment rights are fundamental - individual right to keep and bear arms
• Self-defense is a natural right - people have the right to protect themselves and families
• Technical violations shouldn't destroy lives - complex gun laws create traps for honest citizens
• Constitutional rights matter - police must follow the law when seizing weapons
• Gun ownership is not a crime - lawful possession should be protected
• Equal justice under law - everyone deserves vigorous defense of their rights
• Rehabilitation over punishment - education and compliance over incarceration

We fight not just for legal victories, but for outcomes that preserve your constitutional rights and protect your ability to defend yourself and your family.

The comprehensive reality: Illinois weapons law creates numerous ways to face criminal charges even when exercising constitutional rights. Each case requires specialized defense strategies that protect your freedoms and fight government overreach.

Immediate Action Steps

Weapons cases have critical deadlines and constitutional issues that require immediate attention to protect your rights and freedom.

What to Do RIGHT NOW:

• Contact an attorney immediately - weapons cases involve constitutional rights that need immediate protection
• Don't discuss your case with anyone except your lawyer
• Preserve all documentation - FOID cards, permits, licenses, purchase records
• Don't consent to searches - assert your Fourth Amendment rights
• Document circumstances - self-defense situations and emergencies

What NOT to Do:

• Don't admit to possessing weapons without proper documentation
• Don't assume you're guilty because you had a gun
• Don't surrender additional weapons without warrants
• Don't discuss gun ownership or purchases with police
• Don't hire an attorney without Second Amendment experience

Critical Deadlines:

• 21 days to file motions challenging evidence and searches
• 30 days for constitutional challenges and suppression
• FOID appeals have specific administrative deadlines
• Federal charges may have different procedural requirements

Your constitutional rights depend on immediate action - call us now at 630-953-4400 before critical deadlines pass and your Second Amendment rights are permanently compromised.

Frequently Asked Questions

Get essential information about weapons charges and what to expect from the legal process.

About Weapons Charges

Q: Can I carry a gun for self-defense?
A: Yes, but only with proper licensing and in compliance with Illinois concealed carry laws. Unlawful carry can result in serious felony charges.

Q: What if I have a valid FOID card?
A: FOID cards allow possession but not carrying. You need a concealed carry license to legally carry firearms outside your home or business.

Q: Can police search my car for weapons?
A: Not without probable cause, consent, or a warrant. We challenge illegal searches that violate your Fourth Amendment rights.

Legal Process

Q: Will I lose my gun rights forever?
A: Not necessarily - with proper defense, many weapons charges can be reduced or resolved in ways that preserve your Second Amendment rights.

Q: What's the difference between UUW and AUUW?
A: UUW is typically a misdemeanor, while AUUW is a felony with enhanced penalties for carrying weapons on public property.

Q: Can I get my guns back?
A: Yes, if charges are dismissed or you're found not guilty. We fight for return of lawfully possessed firearms.

Consequences

Q: Will this affect my concealed carry license?
A: Weapons convictions can revoke concealed carry licenses and FOID cards. We work to protect your licensing and gun rights.

Q: What about federal charges?
A: Some weapons violations can result in federal prosecution with enhanced penalties. We coordinate federal and state defense strategies.

Q: Can I still hunt or go to gun ranges?
A: This depends on case outcome and license status. We fight to preserve your ability to engage in lawful firearms activities.

Facing weapons charges? Call us immediately at 630-953-4400 for aggressive defense that protects your Second Amendment rights and freedom.

Related Resources

Weapons defense requires understanding complex laws, constitutional rights, and licensing requirements across multiple areas.

Internal Links:

• DuPage County Criminal Defense Overview
• Violent Crimes Defense
• Constitutional Rights Protection
• About Attorney Michael McMahon

Educational Resources:

• Free Download: "Complete Guide to Illinois Weapons Laws and Your Rights"
• Video Series: Understanding Your Second Amendment Rights
• Blog: Weapons Defense Strategies and Constitutional Law Updates

Firearms Rights and Legal Resources:

• Illinois State Police: FOID card and concealed carry licensing
• Second Amendment Foundation: Constitutional rights advocacy
• NRA Legal Resources: Firearms law information and support
• Federal Firearms License: FFL requirements and procedures

Support Resources:

• Firearms Training: Safety and legal compliance education
• Gun Rights Organizations: Advocacy and support groups
• Legal Defense Insurance: Firearms legal protection plans

Understanding your rights, Illinois weapons laws, and constitutional protections is crucial when facing any type of weapons charge.

Contact McMahon Law Offices

When weapons charges threaten your constitutional rights and freedom, you need attorneys who understand that the Second Amendment protects individual rights and that law-abiding citizens deserve aggressive defense.

Comprehensive Weapons Defense for All Charges

When you're facing any type of weapons charge in DuPage County, you need attorneys who understand that your Second Amendment rights are fundamental and that technical violations of complex gun laws shouldn't destroy your life. We've defended over 1,000 weapons cases and know what it takes to protect your constitutional rights and preserve your freedom.

Call Now: 630-953-4400

Email: info@mcmahonlegal.net

Visit: 2150 McDonald Drive, Oak Brook, Illinois, 60523

Available 24/7 for emergency legal assistance

Don't let weapons charges destroy your constitutional rights, gun ownership privileges, and freedom. Our experienced DuPage County criminal defense attorneys know how to fight every type of weapons charge and protect your Second Amendment rights.

Get Your Free Case Evaluation Today