Illinois weapons law is among the most aggressive in the country. Aggravated unlawful use of a weapon (AUUW), unlawful use of a weapon by a felon (UUWF), armed habitual criminal, and possession of a firearm without a valid FOID or concealed carry license can all carry felony exposure with mandatory minimum prison sentences.
The majority of weapons charges arise from traffic stops, street encounters, or searches that may not have been lawful. Scott Gordon scrutinizes the constitutional basis of every search before he discusses any plea.
Charges Scott handles.
Aggravated unlawful use of a weapon, unlawful use of a weapon by a felon, armed habitual criminal, possession without a FOID, possession in a vehicle, possession on the person of a school employee or student, and federal firearms charges including felon in possession.
Constitutional defenses.
Most defenses begin with the search: was there reasonable suspicion for the stop, probable cause for any search, or valid consent. Pat-downs, vehicle searches, and inventory searches are all subject to specific legal constraints. Where police exceeded those constraints, the firm moves to suppress the firearm and any related statements.
Sentencing exposure.
AUUW first offense is generally a Class 4 felony. UUWF is a Class 3 felony with mandatory minimum prison time. Armed habitual criminal is a Class X felony carrying six to thirty years with no probation eligibility. Federal felon-in-possession charges carry up to ten years and frequently more under the Armed Career Criminal Act.
Immigration impact.
Federal immigration law makes any conviction for unlawful possession of a firearm a deportable offense. For non-citizens, this is a primary consideration in every plea negotiation.
Who This Is For
- AUUW and UUWF defendants
- Armed habitual criminal cases
- Federal felon-in-possession charges
- Defendants with firearms recovered during traffic stops
- Non-citizen defendants
Why Work With This Firm
- Aggressive Fourth Amendment litigation
- Federal court experience
- Immigration consequences considered first
- Trial preparation in every case
- Direct attorney access