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Belleville Weapons Charges
You are here: Home / Belleville Weapons Charges

Belleville Weapons Charges Lawyer

With some of the strictest gun laws in the nation, Illinois imposes serious penalties for weapons charges. Depending on the circumstances, charges can range from Class A misdemeanors to Class X felonies with mandatory prison sentences, turning something that could have been a simple misunderstanding into a lifetime of consequences.

The Conner Law Firm defends weapons and firearms charges in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois, challenging unlawful searches, FOID violations, and felony gun charges with aggressive trial-tested defense. Helmed by Erin Conner, an attorney with experience on both the prosecution and defense, you’ll have the strongest defense from the perspective of someone who has been on the other side to help you protect your rights and freedom. Contact our firm today to get immediate representation for your weapons charges.

Weapons Charges We Defend

The Conner Law Firm defends against weapons charges in Illinois that range from low level misdemeanors to high level felonies. The state’s strong stance on gun laws means you need aggressive defense on firearm possession to preserve your liberty, and have the best chance of maintaining your rights to lawfully possess a firearm in the future.

Unlawful Use of Weapons (UUW)

Under 720 ILCS 5/24-1, Unlawful Use of Weapons is a Class A misdemeanor that is usually applied to Carrying a concealed firearm without a valid Concealed Carry License (CCL), possessing a firearm without a Firearm Owner's Identification (FOID) card, carrying a firearm on school grounds. Charges range from Class A misdemeanors to Class 4 or 3 felonies, depending on whether the weapon was loaded, concealed, or if the individual lacked a valid FOID card or CCL.

Aggravated Unlawful Use of a Weapon (AUUW)

As per 720 ILCS 5/24-1.6, when Unlawful Use of a Weapon has aggravating factors, such as being under 21, not being at one's own home/place of business, or having a prior record.

Generally AUUW is charged as a Class 4 felony with a potential for 1-3 years in the Illinois Department of Corrections. That class of felony can increase to a Class 2 felony for subsequent offenses, violations without a FOID card, or when a previous felony conviction exists.You may find yourself facing these charges when you have a firearm in your possession, particularly if it’s loaded, without a FOID, in a vehicle, or on public land.

Felon in Possession (720 ILCS 5/24-1.1)

Those who have prior felony convictions found in possession firearms, ammunition, or prohibited weapons like blackjacks, can face a Class 3 felony that comes with 2 to 10 years of incarceration, though this is upgraded if it’s a second offense to a Class 2 felony with a potential penalty of 3 to 14 years in prison. Adding body armor makes it a Class X felony with 10 to 40 years to be served in the Department of Corrections.

Aggravated Discharge of a Firearm

Under 720 ILCS 5/24-1.2, you commit aggravated discharge of a firearm when you knowingly or intentionally fire a weapon in the direction of another person, building, or vehicle. Without any further aggravation, the case is charged as a Class 1 felony, with a potential period of incarceration for between 4 and 15 years. If the discharge takes place in a protected area, such as a school, or towards a protected party, such as an emergency responder, teacher, or a school bus, the case is automatically elevated to a Class X felony with 6 to 30 years of potential incarceration.

FOID Card Violations

Some people face charges for having a firearm in their possession without a valid Firearm Owner's Identification (FOID) card while others fail to surrender a revoked card.

No matter what kind of weapons charges you’re facing, do not face them alone. Turn to The Conner Law Firm for aggressive trial-tested defense in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois.

FOID and Concealed Carry Laws

Illinois gun laws and FOID card requirements have stringent specifications, and understanding them could hold the key to your defense. A valid Firearm Owner’s Identification (FOID) card is required for all firearm and ammunition possession in the state of Illinois.

This card is valid for 10 years and only costs $10 for the application plus processing fees. Any holder who submits their full set of fingerprints to the Illinois State Police (ISP) can have the card renewed automatically. It is required whether you keep the firearm at home or carry it unloaded and locked to another location, like a gun range, and having any ammunition in your possession without a valid FOID card is also against the law.

There are extensive disqualifying factors for the FOID, including having been convicted of a felony, drug addiction, being a mental health patient or a clear and present danger, and not being a legal alien in the US, among many others. It should be noted that the FOID is not the same as concealed carry, which has its own requirements.

Understanding Concealed Carry

For a concealed carry license (CCL), you must undergo 16 hours of training, and it is only valid for 5 years. The costs are higher for this type of licensing too. While concealed carry does grant you the ability to keep a gun on your person, it is subject to limitations. Even with a CCL you can’t carry your firearm at schools, government buildings, public parks, airports, or even certain bars and restaurants. There is an even more comprehensive list of prohibited locations, and for those with concealed carry, it is important to know or you could make a huge mistake that may potentially cost you your freedom. Many of the common prohibited locations and prohibited circumstances are covered during the 16 hours of training to pursue a CCL.

Recent Court Challenges to FOID Requirements

The FOID card requirement has faced great and repeated legal scrutiny under the Second Amendment. In 2025, the People of Illinois vs. Vivian Brown, an Illinois trial court ruled the FOID card requirement unconstitutional, and the Illinois Supreme Court continually hears cases that challenge the legality of the FOID Act. The FOID Act is presumed constitutional, and compliance with the Act should be made until either the Illinois Supreme Court, the U.S. Supreme Court, or the Illinois legislature take action which is contrary to that presumption.

Talk to Erin K. Conner today to discuss your weapons charges and plan your defense.

Defense Strategies

Defense strategies for weapons charges in Illinois usually require challenging police actions, the strength of evidence, and the status of licensing to raise reasonable doubt. At The Conner Law Firm, we evaluate your case to find the best way to aggressively defend you from the charges at hand.

Fourth Amendment Challenges

The Fourth Amendment pertains to illegal search and seizure, and this strategy centers its focus on how the police discovered the weapon in question. The police are required to have either a warrant, consent, or a recognized exception to the warrant requirement. If they’ve found the gun or ammunition without adhering to these legal requirements, we can pursue a Motion to Suppress, barring the state from using evidence that was illegally obtained.

Traffic stops themselves are seizures and an officer must have a reasonable suspicion that you’re committing a traffic violation or crime to pull you over. An invalid stop means that any weapon found during it has the potential to be suppressed, which can sometimes result in a dismissal of the case.

Constructive Possession Challenge

When the firearm isn’t found directly on you but in a place you have control over, it is known as constructive possession. It might be in your glove compartment or a shared apartment with a roommate, but just because it is near you does not mean you have or ever had possession of it. Prosecutors need to prove that a defendant had knowledge it was there and the capability or intent to take control of it, allowing the defense to argue someone else had this control, or that you had no knowledge of the presence of the weapon in a common space.

FOID Licensing Defenses

Many cases center around defendants having legal authority to possess a firearm with a FOID. Administrative errors can sometimes lead to wrongful charges, and proving you have active legal status can result in a dismissal. Other cases involve claims the gun wasn’t stored properly per laws, and proving that it was is another strong defense.

Lack of Knowledge

The laws in Illinois for firearm possession require that a defendant knowingly possessed it. Perhaps you were a passenger, driving a borrowed car, or visiting a home where someone else had stashed a gun. If you did not have knowledge and were unaware of its presence, you could not be in possession of this gun. Prosecutors will be forced to prove you knew it was there, and without evidence of that, they face significant challenges to proving their case.

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Frequently Asked Questions

What is AUUW in Illinois?

AUUW stands for “Aggravated Unlawful Use of a Weapon” in Illinois and it is a felony charge applied for carrying or possessing a firearm that is either loaded, uncased, or immediately accessible outside of your home or business without having a valid CCL (concealed carry license) or FOID. This happens often when there is a gun in a vehicle, and usually is charged as either a Class 4 or Class 2 felony.

Can a felon ever get gun rights restored in Illinois?

Yes, felons can get their gun rights back though it is incredibly complex. You would need to petition the Illinois State Police or circuit court to regain eligibility for a FOID. The general requirements for an FOID is not having committed a forcible felony within a span of the last 20 years and showing you’re no danger to the public. Contact our Firm if you are interested in pursuing this process to determine if you are a good candidate for restoration of this right through the judicial process.

What happens if my FOID card is revoked?

When your FOID card is revoked, you have to turn it in to your local law enforcement station. You also need to move all firearms out of your possession along with submitting a Firearm Disposition Record (FDR) within a span of 48 hours of this notification. If you don’t comply, you can be charged with a Class A misdemeanor.

Contact The Conner Law Firm

When gun charges are what you’re facing, you need an attorney familiar with constitutional law with extensive criminal defense experience. The Conner Law Firm defends weapons and firearms charges in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois, challenging unlawful searches, FOID violations, and felony gun charges with aggressive trial-tested defense strategies.

Weapons charges could put you away for decades. Don’t wait to get the legal representation you need from an experienced criminal defense attorney. Call 618-277-2421 today for a consultation to discuss the weapons charges against you.

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