McMahon Law Offices
Charged with unlawful use of a weapon, a concealed carry violation, or a FOID card issue in DuPage County? A former prosecutor and retired judge know exactly how the state builds weapons cases and where they fall apart. Call for a free case review.
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"Most weapons charges in Illinois come down to a search. If that stop or search violated your constitutional rights, everything they found goes away. That's where we start."
— Mike McMahon, Former DuPage County ProsecutorWeapon Crime Defense Overview
A weapons charge in DuPage County can mean felony convictions, mandatory prison sentences, and a permanent loss of your Second Amendment rights — consequences that follow you long after the case is resolved. Illinois has some of the most complex firearms regulations in the country, and technical violations carry the same penalties as intentional crimes.
Most clients we represent are law-abiding citizens caught in the complexity of Illinois weapons law. They were unaware of changing concealed carry requirements. They inherited family firearms without proper documentation. Or they were charged with technical FOID card violations they did not know applied to their situation. A weapons charge does not make you a dangerous criminal.
Mike McMahon prosecuted weapons cases for the state. He knows how the state builds UUW and unlawful possession cases, how they use traffic stop evidence, and where those cases are most vulnerable to constitutional challenge. Judge Pierce presided over weapons cases for decades and knows what evidence gets suppressed and what arguments create reasonable doubt in DuPage County courts.
We fight to get weapons charges dismissed, reduced, or beaten at trial. We challenge unlawful stops and searches, prove regulatory compliance, establish lack of criminal intent, and identify constitutional violations in every case.
Illinois Weapons Charges
| Charge | Classification | |
|---|---|---|
Unlawful Use of Weapons (UUW) Possessing, carrying, or using a firearm or other weapon in a prohibited manner or location under Illinois law. Penalties range significantly based on circumstances and prior record. 720 ILCS 5/24-1 |
Class A Misdemeanor to Class 3 Felony | |
Aggravated Unlawful Use of Weapons (AUUW) UUW with aggravating factors such as prior felony conviction, possession in a vehicle, or a loaded and accessible firearm without a valid FOID or CCL. Non-probationable in many circumstances. 720 ILCS 5/24-1.6 |
Class 4 Felony to Class 2 Felony | |
Unlawful Possession of a Firearm by a Felon Possession of any firearm or ammunition by a person with a prior felony conviction. Mandatory prison time with no probation eligibility. 720 ILCS 5/24-1.1 |
Class 3 Felony to Class 2 Felony | |
FOID Card Violation Possessing a firearm or ammunition without a valid Firearm Owner's Identification Card. Commonly charged against people whose FOID lapsed or was revoked without notice. 430 ILCS 65/2 |
Class A Misdemeanor to Class 3 Felony | |
Concealed Carry Violation Carrying a concealed firearm in a prohibited location or without a valid Concealed Carry License. Prohibited locations include schools, government buildings, bars, and public transit. 430 ILCS 66/65 |
Class A Misdemeanor to Class 3 Felony | |
Armed Violence Committing a felony while armed with a dangerous weapon. A severe sentence enhancer that mandates significant prison time on top of the underlying felony charge. 720 ILCS 5/33A-2 |
Class X Felony (15–30 Years) | |
Weapons in School Zone Possessing or discharging a firearm within 1,000 feet of a school. Mandatory sentence enhancement regardless of whether the person knew they were in proximity to a school. 720 ILCS 5/24-1(c) |
Class 2 Felony (Enhanced) | |
Possession of a Defaced Firearm Possessing a firearm with an altered, removed, or obliterated serial number. Treated as strong evidence of criminal intent regardless of how the firearm was acquired. 720 ILCS 5/24-5 |
Class 2 Felony to Class 1 Felony | |
Improper Transport of a Firearm Transporting a firearm in a vehicle without proper unloaded and enclosed case requirements. Frequently charged during traffic stops when firearms are discovered. 430 ILCS 65/24-1 |
Class A Misdemeanor to Class 4 Felony | |
Prohibited Person in Possession Possession of a firearm by a person prohibited under state or federal law due to mental health adjudications, domestic battery convictions, or active protection orders. 720 ILCS 5/24-3.1 |
Class A Misdemeanor to Class 3 Felony | |
Weapons During Commission of a Crime Using or displaying a weapon while committing another offense. Triggers mandatory consecutive sentencing that stacks on top of the underlying criminal charge. 720 ILCS 5/24-1(b) |
Class 4 Felony to Class X Felony | |
Federal Firearms Violations Interstate transport violations, straw purchases, and other federal firearms offenses prosecuted in federal court with mandatory minimum sentencing guidelines. 18 U.S.C. § 922 |
Federal Felony (Varies) | |
Unlawful Sale or Transfer of Firearms Selling or transferring a firearm to a prohibited person or without completing required FOID verification. Carries enhanced penalties when the purchaser later used the firearm in a crime. 720 ILCS 5/24-3 |
Class 2 Felony to Class 1 Felony | |
Reckless Discharge of a Firearm Discharging a firearm in a reckless manner that endangers the safety of another person. Penalties are significantly enhanced when discharged in a populated area. 720 ILCS 5/24-1.5 |
Class 4 Felony to Class 1 Felony |
Weapon Crime Case Results
Every result below is a real weapons case handled in DuPage County.
Why McMahon Law Offices
Former prosecutors who built weapons cases now use that knowledge to tear them apart.
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5-Star ReviewsMike McMahon built UUW and unlawful possession cases for the state. He knows how prosecutors rely on traffic stop evidence, what the chain of custody for seized firearms must show, and where those cases are weakest against a Fourth Amendment challenge.
Most weapons charges originate in a traffic stop or a search. If officers lacked reasonable suspicion to stop you, probable cause to search, or a valid warrant, every piece of evidence they found is suppressible. When the firearm goes away, the case goes away with it.
FOID requirements, CCL prohibited locations, transport rules, and inheritance exemptions — Illinois weapons law is layered and technical. We identify regulatory compliance defenses, documentation issues, and statutory exceptions that most attorneys do not know to look for.
Judge Pierce decided weapons cases from the bench for decades. He knows what suppression arguments succeed with every judge in Wheaton, what technical defenses move prosecutors to negotiate, and how to position a weapons case for the strongest possible outcome in DuPage County courts.
Armed violence, school zone enhancements, and weapons-during-crime charges stack mandatory years onto underlying sentences. We challenge the factual and legal basis for every enhancement the state attempts to apply — and pursue charge reductions that eliminate mandatory minimums.
A felony weapons conviction strips you of your firearms rights permanently. We pursue outcomes — dismissal, supervision, misdemeanor reduction — specifically designed to preserve your FOID eligibility, your CCL, and your constitutional right to keep and bear arms.
How To Get Started
A clear, straightforward process from your first call through resolution.
Call us or fill out our contact form right away. Do not make statements to police about the firearm, how you acquired it, or where you were going. Anything you say becomes evidence. We address the constitutional basis of the stop and search from day one.
Tell us exactly how the stop or search happened, what was seized, what you said to officers, and your FOID and CCL status. Weapons cases turn on the details of how the firearm was found — those facts determine whether the evidence is suppressible.
We obtain police reports, review dashcam and bodycam footage, research your FOID and CCL documentation, identify statutory exemptions, and file Fourth Amendment suppression motions to challenge how the firearm was discovered and seized.
Dismissal, charge reduction, supervision, or acquittal at trial. We pursue the strongest outcome your case allows while protecting your firearms rights, your record, and your future FOID and CCL eligibility at every step.
Your Weapons Defense Team
A former prosecutor who built weapons cases and a retired judge who decided them for decades.
Areas We Serve
We defend weapons charges throughout DuPage County and neighboring Illinois counties.
2150 McDonald Dr Suite 1608
Oak Brook, IL 60523
Available for in-person case reviews upon request. We defend weapons charges in all of DuPage County and neighboring counties throughout Illinois, including federal cases in the Northern District of Illinois.
Do not make any statements to police about the firearm, how you obtained it, where you were going, or whether you have a FOID card or CCL. Provide your identifying information and remain silent. Call an attorney immediately. The most important fact in your case is how the officer conducted the stop and search — whether they had legal justification to stop you and whether the search was lawful. Those facts determine whether every piece of evidence they found can be suppressed, and suppression often means dismissal.
Unlawful Use of Weapons (UUW) covers a broad range of prohibited weapon possession and carrying scenarios under 720 ILCS 5/24-1, and can range from a misdemeanor to a Class 3 felony. Aggravated UUW (AUUW) under 720 ILCS 5/24-1.6 applies when specific aggravating factors are present — most commonly when the firearm is loaded and immediately accessible in a vehicle, when the person lacks a valid FOID card or CCL, or when the person has a prior felony conviction. AUUW is typically a Class 4 felony but escalates to a Class 2 felony for second offenses or prior felony possession. Many AUUW charges are non-probationable, meaning prison time is mandatory without a reduction.
Yes — and this is one of the most powerful defenses in weapons cases. Under the Fourth Amendment, evidence obtained through an unlawful stop or search must be suppressed, meaning the court excludes it entirely. If the firearm is suppressed, the state has no case. We file suppression motions in every weapons case where the stop, search, or seizure has constitutional problems — insufficient reasonable suspicion for the stop, lack of probable cause for a search, or improper execution of a warrant. Courts grant suppression motions regularly when the facts support them.
Yes. Possessing a firearm or ammunition after your FOID card has expired or been revoked is a criminal offense in Illinois regardless of whether you knew the card had lapsed. A first-offense FOID violation is a Class A misdemeanor, but it escalates to a Class 3 felony if the person is otherwise ineligible for a FOID. Many people are charged after a FOID was revoked without adequate notice — for example, following a domestic battery conviction or mental health commitment they were unaware triggered revocation. We investigate the circumstances of the revocation and pursue dismissal or reduction based on lack of notice or administrative error.
Armed violence is a Class X felony in Illinois that applies when a person commits any felony while armed with a dangerous weapon. A Class X felony carries a mandatory minimum of 15 years in prison, with a maximum of 30 years. The charge stacks on top of the underlying felony — meaning the sentencing exposure compounds significantly. Armed violence cannot be reduced to a less serious offense through plea negotiation alone. We challenge both the underlying felony and the armed violence enhancement, targeting the factual and legal basis for each charge separately to reduce total sentencing exposure.
Yes, depending on your circumstances. Illinois law requires that anyone who possesses a firearm hold a valid FOID card, regardless of how the firearm was acquired. Inheriting a firearm does not exempt you from FOID requirements. That said, Illinois law does provide a limited window — 60 days — for an heir to transfer or dispose of an inherited firearm without a FOID. Whether that window applies, whether you had a valid FOID at the time, and how the firearm was discovered all affect the defense options available. Many inherited firearm cases are resolved through documentation, regulatory compliance, and negotiation rather than trial.
Yes — permanently for felony convictions. Any felony conviction under Illinois or federal law results in a lifetime ban on firearm ownership and possession. Your FOID card will be revoked and you become ineligible to reapply. Even certain misdemeanor convictions — particularly domestic battery — trigger federal firearms disabilities under the Lautenberg Amendment. Protecting your FOID eligibility and Second Amendment rights is one of the primary goals of our defense strategy. We pursue dismissals, supervision agreements, and misdemeanor reductions specifically because they preserve your right to legally own and possess firearms.
Misdemeanor FOID and UUW cases in DuPage County typically resolve within 3 to 6 months. Felony weapons cases — AUUW, unlawful possession by a felon, and armed violence — take 9 to 24 months depending on whether suppression motions are filed, how the prosecution responds, and whether the case proceeds to trial. Federal weapons charges follow a separate timeline governed by federal court scheduling. We give you a realistic timeline at your free consultation based on your specific charges, the strength of any suppression arguments, and the court where your case is filed.
Resources
Guides written to help you understand Illinois weapons laws, your constitutional rights, and your options after a weapons arrest in DuPage County.
Get Started
Submit a contact form or call us to schedule your free weapons case review. The constitutional basis of the stop and search is the most time-sensitive issue in your case. The sooner we act, the more we can do to protect your rights and your record.
Your information is confidential and protected by attorney-client privilege. We will never share your information.
