Do Gun Crimes Result In State Or Federal Charges?

gun crimes

As experienced Illinois criminal defense attorneys, we often encounter the complex interplay between state and federal law, particularly in cases involving gun crimes. Understanding whether an individual will face Illinois or federal charges is crucial for crafting an effective defense strategy. In this discussion, we will explore the factors that determine jurisdiction in such cases, the differences between Illinois and federal gun laws, and the potential consequences of each.

Jurisdiction in gun crime cases hinges on several factors, including the nature of the offense, the location where the alleged crime occurred, and the identity of the parties involved. Generally, if the crime violates both Illinois state law and federal law, prosecutors may choose to pursue charges at either the state or federal level. However, certain offenses, such as those involving interstate trafficking of firearms or crimes committed on federal property, fall squarely within federal jurisdiction. Conversely, offenses that occur solely within the boundaries of Illinois and do not implicate federal interests are typically prosecuted under state law.

Illinois has its own set of laws governing the possession, use, and sale of firearms. The Illinois Compiled Statutes (ILCS) outline various offenses related to firearms, including unlawful possession, unlawful use, and aggravated unlawful use of a weapon. These laws establish criteria for firearm licensing, registration, and permissible carry, and violations can result in misdemeanor or felony charges depending on the circumstances. Additionally, Illinois law imposes enhanced penalties for certain aggravating factors, such as prior criminal convictions or possession of a firearm in a prohibited location.

On the other hand, federal law regulates firearms through statutes such as the Gun Control Act (GCA) and the National Firearms Act (NFA), administered by agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal offenses related to firearms include unlawful possession by certain prohibited persons, interstate trafficking, and possession of firearms in furtherance of other crimes. These laws often carry severe penalties, including lengthy prison sentences, and may involve federal mandatory minimum sentences.

When Are Gun Crimes Classified As Felonies In Illinois?

In Illinois, several gun-related offenses are classified as felonies, carrying significant legal consequences for individuals convicted of these crimes. One example is the unlawful possession of a firearm by a felon, which is prohibited under 720 ILCS 5/24-1.1. This statute prohibits individuals with certain prior felony convictions from possessing firearms, ammunition, or firearm components. Violations of this law are typically charged as Class 3 felonies, punishable by a prison sentence of two to five years.

Another example of a felony gun crime in Illinois is aggravated unlawful use of a weapon (AUUW), as defined by 720 ILCS 5/24-1.6. This offense occurs when a person knowingly carries or possesses a firearm under circumstances that violate Illinois law, such as carrying a loaded firearm on themself or in a vehicle without a valid concealed carry license. Aggravated factors, such as prior felony convictions or possession of a firearm in a prohibited location, can elevate the offense to a Class 4 felony, punishable by imprisonment for one to three years.

Additionally, Illinois law prohibits the possession of certain types of firearms and firearm accessories, such as sawed-off shotguns or silencers, under 720 ILCS 5/24-1. This offense is typically charged as a Class 3 felony, carrying a potential prison sentence of two to five years. Furthermore, individuals who sell, transfer, or deliver firearms without a valid firearm owner’s identification (FOID) card may be charged with a felony under 430 ILCS 65/2(a)(1).

Anyone facing charges related to firearms should seek immediate legal assistance to understand their rights, options, and potential defenses. Our skilled Mount Prospect gun crime defense lawyers can provide guidance and advocacy to help individuals navigate the legal process and work towards the best possible outcome for their case.

Empower Your Legal Defense: Call Our Mount Prospect Firearm Attorneys

At Villadonga & Villadonga Attorneys at Law, we’re here to help you navigate Illinois’ gun laws. Our dedicated team is ready to provide the guidance and support you need. Our attorneys know the ins and outs of Illinois gun laws and are committed to protecting your rights. Call our Mount Prospect gun crime defense lawyers today at (847) 298-5740 to schedule your free consultation. At Villadonga & Villadonga Attorneys at Law, we’re not just legal advisors; we’re partners in securing your future.