firearms

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.

November 7, 2018

Gun Battery in Chicago

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

A man who was shot during a fight on the red line has been charged with aggravated battery.

Chicago police said that while fighting, one man shot the other in the stomach. The victim, 38-year-old Roy Lee, was able to wrestle the gun away and beat the shooter with it. Both were taken to the hospital.

In a bizarre turn of events, Lee was charged with aggravated battery/use of a deadly weapon. The man who shot Lee had a license to carry a concealed firearm. At this point, it is unclear if the shooter will face charges, as well.

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.

February 23, 2018

Chicago Legal Guidelines for Prosecuting and Defending Mass Shooting Cases

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

Many people in Chicago find it hard to believe that criminals involved in any mass shooting have a chance to defend themselves. This is because of the seriousness of the offenses that result from this crime and the restrictive nature of Chicago gun laws. With the right legal advice, however, an individual charged with a mass shooting can successfully defend his or her case.

With the United States facing the worst mass shootings in the modern history, it is likely that these incidences might stir action on gun control. If you look at Chicago, there were over 4,000 victims of crimes related to guns in 2016 alone. This means that we have to come up with measures that will actually bring a real impact.

History has shown that mass shootings mainly happen in places where victims cannot defend themselves. These include churches, learning institutions, and other places where people are not allowed to carry guns. According to research, all the public shootings in the US have occurred in locations where citizens are banned from carrying guns, except for two cases. In Europe, all the mass shootings have taken place in areas where citizens are banned from carrying guns.

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.