chicago gun laws

March 18, 2022

Father Facing Charges After 3-Year-Old Shoots Mother

by Law Offices of David L. Freidberg, P.C.

A Chicago-area father is facing weapons charges after his 3-year-old son shot and killed his own mother while playing with the weapon in the back seat. The father is now facing a misdemeanor gun charge. The mother was brought to the hospital where she was pronounced dead. The child has been offered trauma counseling services that he will likely need for the rest of his life.

Meanwhile, the father is facing a misdemeanor charge of unlawfully transporting a weapon. The father had a license for the gun, but transporting it in the backseat of your vehicle while your 3-year-old is back there is considered a crime.

Accidental shootings involving children are now a major problem across the United States. Since 2015, over 2,000 individuals have been accidentally shot by children. 90% of those individuals were other children with about 70% of the shootings happening in the home. The pandemic and quarantine made the situation worse, with accidental shootings rising over that period.

August 13, 2021

Indiana Man Charged for Straw Purchase of Weapon Used to Injure Two Police

by Law Offices of David L. Freidberg, P.C.

An Indiana man is in deep water after a gun he purchased in Indiana was used to shoot two Chicago police officers recently — one of them fatally. Police say that the semi-auto handgun was purchased in Indiana as part of a straw operation.

Essentially, felons skirt federal background check requirements by setting up straw buyers to purchase weapons on their behalf for a fee. The gun, however, remains registered in the name of the straw buyer. When that gun shows up on the streets after being used to injure one cop and kill another, you can bet that the police will come after the individual who purchased the gun illegally, placing it into the stream of commerce, with the result that one cop was fatally killed.

According to police, the defendant purchased the weapon at a federal firearms dealership in Indiana. Shortly thereafter, it was used in violent crimes against police.

July 26, 2019

Congressman’s Grandson Allegedly Shot Over Borrowed Sneakers

by Law Offices of David L. Freidberg, P.C.

Prosecutors say that 15-year-old Javon Wilson was shot to death over a pair of Air Jordan sneakers. According to his sister, Khaliyah Wilson, two teenagers brandishing guns came knocking on her door to recover the sneakers. The court has barred prosecutors from mentioning the fact that Javon Wilson is the grandson of 12-term congressman Danny Davis. The alleged gunmen, Tariq Harris and Dijae Banks, were 16 and 17 at the time of the shooting.

According to reports, Jeremy Murphy, another brother of the Wilsons had traded a pair of pants for the sneakers on a temporary basis. Banks had come to reclaim the sneakers but Javon Wilson would not return them without first getting the pants. The whole thing went sideways when Khaliyah Wilson attempted to kick the boys out. The argument turned into a fist fight and eventually, one of the boys pulled a gun and fired at Javon Wilson. The bullet entered into his neck where it struck an artery. The boy died there.

What Will Happen to These Boys?

December 7, 2018

The Penalties for Gun Possession in Chicago

by Law Offices of David L. Freidberg, P.C.

The state of Illinois has some of the harshest penalties for weapon violations in the country. However, if you possess a valid FOID (Firearm Owner’s Identification) card, you are allowed to own a gun. It is important to keep in mind that having a FOID card does not mean you are legally permitted to carry a gun with you at all times.

Unless your gun is in an appropriate case, in a condition where it can not be fired, and you are on your way to the firing range or moving, it is best not to carry a gun, especially in Chicago. To do so, you will need a concealed carry permit, and even then there are circumstances and locations in which you are not allowed to bring a weapon.

If you are facing weapons charges, contact a gun crime defense lawyer to help you with your case.

October 3, 2018

Repeat Gun Offenders in Illinois Face Longer Sentences

by Law Offices of David L. Freidberg, P.C.

As controversy surrounding gun violence and the Second Amendment ramps up across the country, both the federal and state governments are feeling pressure to crack down with tighter gun regulations. From the outside, Illinois appears to be ahead of the curve. Historically, Illinois boasts some of the strictest gun control laws in the United States. Illinois is one of seven states that requires permits or licenses in order to buy any class of firearm, along with California, Connecticut, District of Columbia, Hawaii, Massachusetts, and New Jersey. Furthermore, and maybe more surprisingly, Illinois is one of only five states that require a waiting period to buy any type of firearm. According to The Law Center to Prevent Gun Violence, which tracks gun laws nationwide, Illinois earned a “B+” for its gun laws. However, California scored even better than Illinois, earning a grade of “A” with what are considered to be the strictest gun laws in the country.

The Illinois gun laws are largely attributed to the high volume of crimes committed with firearms in and around the Chicagoland area. From an outsider’s perspective, the number of crimes committed with guns in Chicago in comparison to the strict requirements for ownership do not add up. However, it is important to note that several surrounding states, including Indiana, have some of the weakest firearm laws in the country. Chicago’s proximity to these states makes it easier to bypass the Illinois regulations and obtain illegal firearms.

In Chicago, statistics show that homicides account for a large number of crimes committed with a firearm. After taking a closer look, it would seem that an overwhelming majority of homicides committed with a firearm come at the hands of repeat gun offenders.

April 4, 2018

Charges and Penalties for Possession of a Firearm in Chicago

by Law Offices of David L. Freidberg, P.C.

Chicago law makes a distinction between merely possessing a firearm illegally and using a legal firearm for illegal purposes. If the crime is of unlawful shooting whilst in possession of an illegal firearm, the penalties are increased. This is because it is considered to be an aggravating factor to use an illegal firearm to commit any crime under the provisions of the handgun law.

To be absolutely clear, a person in Chicago can be prosecuted for both possessing an illegal firearm and using a legal firearm to commit a crime. Because Chicago has been dubbed the “Gun Crime Capital of the World,” the authorities are anxious to ensure that crimes of gun violence are severely punished. That is not to say that Chicago is willing to engage in full gun control.

For example, the illegal possession of a handgun is a Class 4 Felony in Chicago and can carry a term of imprisonment of up to three years. The possession of other firearms is considered to be a Class A misdemeanor, which could lead up to a year in jail as well as a fine of up to $2500. Your lawyers may be able to negotiate a plea to a lesser charge.

February 2, 2018

Factors for Denial of a Gun Owner’s Card (FOID) in Chicago

by Law Offices of David L. Freidberg, P.C.

A gun owner’s card (FOID) may be confiscated or seized if one is convicted of a felony or becomes a subject of an order of protection. This is why it is crucial to consult an experienced lawyer if you believe you have a legal case. Following a seizure, you will not only need a reliable defense lawyer on your side, but you will also need someone who understands how to protect your gun possession rights.

Police seize firearms from people who fail to follow the law. However, they sometimes face opposition from firearm owners. Currently, gun control advocates are trying to remove firearms from dangerous offenders while avoiding any activity that might offend the rights of a gun owner. This can obviously cause complications between gun control advocates and those who believe in the right to bear arms. Since 1968, it has been a requirement in Illinois to apply a FOID card to own a firearm. Only law enforcement and military members own firearms without FOID cards.

Generally, a FOID card denial occurs if you get convicted of domestic violence, charged with a felony, for those addicted to narcotics, previous patients in a mental health facility in the past five years, mental or intellectually disabled people, or if one is a subject of court restraint order. FOID cards can also be withdrawn if the owner seems to be able to cause harm to others or to him or herself.

April 5, 2017

Illegal Possession of an Automatic Weapon in Chicago: New Perspectives on Firearms

by Law Offices of David L. Freidberg, P.C.

Chicago has been battling gun crime for a long time and legislation is one of the tools available for tackling it. Legislative instrument number 720 ILCS 5/24-1 summarizes the law as it stands today. Nothing demonstrates the complexity of the issues at hand like the regulation of automatic weapons in Chicago. It is not enough to say that possession of such a firearm is illegal; there must also be specific procedures that determine how the courts are going to handle the various cases that come before them. Existing legislation has tended to focus on controlling the sale, possession ,and use of certain weapons in order to prevent or punish criminal behavior.

For the defense attorneys, this remains a double edged sword. On one hand, a defending attorney is able to challenge the prosecution at any of the detailed procedures for proving criminality. However, the prosecutor can also return the favor by selecting any of the following for attack:

Purchase

October 7, 2016

Gun Crime Meets Gun Control in Chicago

by Law Offices of David L. Freidberg, P.C.

For a long time gun control advocates have been looking for a test locality that would finally confirm to them that access to firearms does not lead to a reduction to crime. Chicago is as good a place as any when it comes to highlighting the contradictions between gun access and crime rates. The first part of this examination must go back to an assessment of whether the gun laws in the state are strict or even stricter than usual when one compares them with the rest of America. Critics are quick to brand the state a Mecca of gun laws whereas state officials are at pains to present their interventions as not only being sensible, but ultimately being essential to the maintenance of good order within the state. As is often his way, Donald Trump has opted to strip down the complex arguments into a sound byte for his presidential campaign, calling Chicago a “disaster” with the “single toughest gun laws.”

Keeping the Guns Away from Trigger-Happy People

The rationale for the Chicago gun laws was to ensure that nobody had access to guns so that they would not end up shooting one another. Unfortunately, criminals have a tendency not to follow the law, so they went ahead and secured guns illegally. As a consequence, Chicago still has one of the highest levels of gun violence despite the fact that the legislature there has done everything in its power to limit access to guns. Those who favor a liberal approach to gun ownership rules argue that the best remedy is to allow every law-abiding citizen to own a gun so that they can fight back when the criminals attack. By contrast, those who are of the view that there should be significant gun control argue that all this would achieve is a war of attrition in which the public and criminals bought more and more guns. There is no shortage of shooting incidents in Chicago to support or dispute any of the standpoints that are mentioned above.

May 25, 2016

Chicago Gun Law Issues

by Law Offices of David L. Freidberg, P.C.

The city of Chicago has enacted some of the toughest gun laws in the United States in an attempt to control the city’s notoriously high rates of violent crime. Measures that they could not legislate to the satisfaction of the city council and Chicago police department without running afoul of the United States Constitution, politicians got around by making ownership restrictions so onerous that the average citizen could not, for practical purposes, legally own firearms anyway. Despite cautions from pro-gun groups and civil libertarians, Chicago’s city government had to learn for itself that strict gun control laws only prevent the law-abiding from possessing guns.

Legal Challenges

While the city leadership in Chicago seemed to think it would be acceptable to simply ignore Federal laws and the constitution of the United States, by practical effect or force of law, legal challenges have since worked their way through the system, and the United States Supreme Court has struck down a number of the significant illegal policies that the city has attempted to push on the citizens of Chicago. Gun stores are again conducting business within city limits, and concealed carry licenses are being issued. While this may seem initially to be a benefit for the residents of Chicago, it has caused some issues, as well.