UUW – UNLAWFUL USE OF WEAPON
What is UUW – Unlawful Use of Weapon Violation?
Attorney Robert Kerr has the experience and knowledge to provide you with the best defense possible.
If you have been charged or accused with an Unlawful Use of a Weapon (UUW), Aggravated Unlawful Use of a Weapon UUW, UUW by a felon, or any other gun or weapons charge our weapons defense attorney will help you protect your rights. We fight for YOU and YOUR RIGHTS!
Illinois gun laws have changed over the last few years. I have won gun cases at trial and at preliminary – others have been dismissed after winning a pre-trial Motion. In every case, I believe in providing the strongest and most effective defense possible. I will aggressively defend your rights and your freedom.
We understand the seriousness of an Unlawful Use of Weapon UUW charge. A conviction for Unlawful Use of Weapon UUW can have very serious consequences that can affect your future. Additionally, it will appear on your record if anyone does a background search on you, this can haunt you for many years to follow. An employer may fire you if they find out about your case – it is important that you fight the charges to clear your name and protect your future. When it comes to gun cases, it is critical that you hire an attorney that has the experience and knowledge to help you get the best defense possible.
We work hard to help you prove that you are not guilty of the Unlawful Use of Weapon UUW charge!
What is AGGRAVATED Unlawful Use of Weapon Violation? (Agg UUW) (720 ILCS 5/24-1.6)
Under (720 ILCS 5/24-1.6(3), unless you are on your own land, residence or place of business, you can be charged with felony Aggravated UUW if:
the firearm was not in a case, loaded, and immediately accessible, or
the firearm was not in a case, unloaded, but the ammunition was immediately accessible; and
you did not possess an FOID card or a Conceal and Carry license; or
other aggravating factors.
UUW is considered a Class 4 felony that can carry up to three years in jail – probation may be available as an alternative to jail depending on your criminal history.
What is UUW by a FELON? (720 ILCS 5/24-1.1)
If you have a previous felony conviction – the case can be a Class 3 or greater felony with a 2 year minimum jail sentence.
Summary of Illinois Unlawful Use of Weapon Gun Law
FOID CARD REQUIREMENT: All residents of Illinois are required to have a valid Firearm Owner’s Identification Card (FOID) issued by the Illinois State Police (430 ILCS 66/1) to possess a gun. There are exemptions to the Illinois FOID card requirement (430 ILCS 65/2(b), such as for out of state residents. The general requirements in order to obtain an FOID card after a background check are:
You must not have been convicted of any Felony anywhere in the United States;
A Court has not found that you are mentally defective;
You must, within the past five years, not have been a patient in a mental institution or any part of a medical facility for the treatment of mental illness;
You are not intellectually disabled or developmentally disabled;
In the year before your application for an FOID card, you have used or been addicted to any controlled substance or narcotics;
You don’t have an existing Order of Protection, or a No Contact or No Stalking Order entered against you;
You haven’t, within the past five years, been convicted of Battery, Aggravated Assault, Assault, Violation of an Order of Protection, or a substantially similar offense in which a firearm was used or possessed;
You haven’t been convicted of Domestic Battery, Aggravated Domestic Battery or similar offense;
You are not a fugitive from the law;
You are a legal alien;
You are not a medical marijuana patient registry card holder;
You haven’t, within the past year, failed a drug test unless you had a prescription;
You renounced your US citizenship;
You haven’t been dishonorably discharged from the military.
With an FOID card, you can transport your gun legally if: 1) the gun is in a non-functioning state; or 2) unloaded, in a case and have a valid FOID card, or you 3) carry or possess the gun under the Firearm Concealed Carry Act.
TRANSPORTATION OF A GUN OR WEAPON
If you have a license under the (1) the Firearm Concealed Carry Act (430 ILCS 66/1 and 2) have an FOID card (430 ILCS 65), you can carry a concealed firearm on your person or in your car. However, private businesses and public institutions can forbid weapons on their premises. That’s why you will notice some businesses post signs on doors to the entrance of their property which warn you that guns are not allowed on their property. On the other hand, if you have an FOID card only, you can carry or physically transport your firearm if it’s unloaded and in a case. If the firearm is in your car and you only have an FOID card, if the gun is uncased, loaded, and immediately accessible, it’s a Class 4 felony under the Aggravated Unlawful Use of Weapon Statute 720 ILCS 5/24-1.6.
What is The Sentence for UUW Charges
Under 720 ILCS 5/24-1(b), some Unlawful Use of a Weapon (UUW) charges are misdemeanors punishable by up to one year in jail and a fine up to $2,500. However, the vast majority of weapons charges or Unlawful Use of Weapon (UUW) charges are felonies – including situations where an FOID card holder transports a loaded gun and doesn’t have a Conceal and Carry License. Many of our clients are charged with having a weapon in their vehicle.
Why Hire Attorney Robert Kerr to Defend Your Unlawful Use of Weapon UUW Case?
We will fight tirelessly to protect YOU and YOUR RIGHTS! Your lawyer will always work towards winning your case before it goes to trial. Our skilled UUW lawyers understand the rules that the police must follow to search your car, home or business. We will hold the police accountable if these are not followed. We will challenge the prosecutor’s attempt to introduce evidence in court that was seized in violation of your rights. Our UUW lawyers will explore every possible way of winning your case to provide you the best defense possible.
Contact A UUW / Aggravated Unlawful Use of a Weapon Attorney
In every case we handle, we work toward building and presenting the most effective defense possible under the circumstances of your case. To learn more about your defense options, contact the Law Office of Robert Kerr, LLC, in Chicago or the suburbs.
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