Friend arrested in Illinois

[Bollorollo]

Average prison time for the class 4 felony also varies by region. If a class 4 is the lowest felony charge, time in jail for someone convicted of such a crime might be minimal: possibly 1-4 years at most. Fines may be assessed as well, and these could range from about $10,000-$100,000 US Dollars (USD). Judges often have discretion in determining sentence and may make a punishment lesser or greater depending on how they view the severity of the crime. If class 4 is the lowest felony charge, it’s additionally possible that lawyers may be able to plead down the charge to a misdemeanor.
Anyone convicted of a class 4 felony can expect to face jail time, but the amount of time imposed very much depends on jurisdiction. People who are charged with any form of felony need a skillful defense to either beat the charges or to construct a plea bargain that reduces charges. Those facing these charges should look for attorneys with criminal law experience
I feel sorry for this person if they don't lower the charge so he just has to pay a fine

 

[ZWolf]

ATM it is too bad that not everyone sees things the way we INGOers do.

jsharmon it was stupid of him and I guarantee that he won't make that mistake again, one way or another. And hopefully he won't be the only one who learns from this.

Steelman I hope for his sake that it does get lowered, even if he never sees the pistol he had again at least if it becomes a misdemeanor he will eventually replace it.

And thank you to everyone else for their continued input. Every bit of information helps.

 

[cowgirl.sdm]

Has your friend ever been in trouble with the law before? That could play a big role in things. If not and the do charge him and take it to court, he may be able to get a deferral. This is where you postponed, or delayed sentence in a criminal matter. In a deferred sentence, the court gives a defendant an opportunity to complete a probationary period before sentencing. If the defendant successfully completes probation, at the end of the probationary time the court will review the defendant’s file and may dismiss the charges against him/her. If, however, the defendant does not follow all of the terms, then they will be found guilty and will serve time.

 

[rnmcguire]

More good info

Here's another article that may be useful.

Supreme Court says only residents need FOID gun card | Illinois Statehouse News

 

[IndyBeerman]

Here's another article that may be useful.

Supreme Court says only residents need FOID gun card*|*Illinois Statehouse News

This was exactly what I was just trying to remember while reading this.

ZWolf you might want to have your friend contact our resident gun lawyer
and site sponsor Tactical Firearms Training

Guy A. Relford
The Law Offices of Guy A. Relford
Home Page

 

[J_Wales]

"A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."


Please indicate where your friend violated the natural rights documented in the Second Amendment of the Constitution of the United States of America and I can answer.

With best regards,

Wales

 

[mainjet]

1. relax.

2. He needs a lawyer.

3. He needs a lawyer.

4. He needs a lawyer.

My guess is if he does not have a record, has a valid LTCH and gets a lawyer it will be pleaded down. But there are not nearly enough details here to make a good guess at what might happen.

I know IL does not recognize the license but if everything is as I said above, I really don't see him doing any jail time at all.

 

[thompal]

"A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."


Please indicate where your friend violated the natural rights documented in the Second Amendment of the Constitution of the United States of America and I can answer.

With best regards,

Wales

That's easy to answer:

He went into Illinois, where such documents are a foreign concept.

 

[the1kidd03]

tell him NOT to talk without a lawyer present......they purposely try to get you to slip in your words and incriminate yourself

 

[bwframe]

1. relax.

2. He needs a lawyer.

3. He needs an Illinois lawyer.

4. He needs a 2nd Amendment lawyer.

^^^ This, fixed.^^^

ZWolf, please keep us in the loop on this.

 

[rich8483]

tag for natural human morbid curiousity.

 

[mainjet]

It's a Class A misdemeanor 720 ILCS 5/24-1 (a) (4)

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:


(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card



(b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a Class A misdemeanor.

 

[mainjet]

This is when it becomes a felony -

(9) Carries or possesses in a vehicle or on or about
his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

A person convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony

 

[rugertoter]

A friend of mine forgot that Illinois doesn't recognize an IN LTCH and was arrested because he had his pistol with him when he was pulled over for speeding.

Neither I nor he know much about Illinois law, what we want to know is 1. Will he be charged with a misdemeanor or a felony? 2. Will he ever be given back the possession of his pistol? And 3. Is there anything he can do?

EDIT: Not sure if this is the correct area to post, if not then would a Mod please move it to the appropriate sub-forum.

If your going to carry, you need to check the laws of the places to which you are going. I don't like it anymore than anyone else, but thats the way it is.

 

[mainjet]

WEEEELLLL, I am obviously not a lawyer I guess it could be a felony. Reading it over it seems to indicate that if the gun is loaded then it becomes "aggravated" unlawful use of a weapon. It appears that carrying the gun unloaded and accessible is the misdemeanor.

I don't know. I am sooo confused

 

[Vic_Mackey]

JFC, what a mess. I just read their "laws" to the last letter, and boot do they suck hard. Tasers and mace? Really? But not a crossbow. What a hoot. And the while riding in a vehicle while hooded or robed. Lmfao, I might just go through there dressed as gandalf waving a wand around and see what lunatic charges I can catch. I am going to stop typing now before I forget my manners. I how you're friend gets off free. He should get in touch with Guy, he might know somebody out in commieville.

 

[TiminMishawaka]

I'm very sorry your friend made this mistake. Keep a gun case, even a soft one, in the car at all times. I know of a case in Illinois where the gun owner inadvertently left a loaded gun under the seat and very quickly unloaded it and moved it to a case kept in the car. It was 15 seconds that made the difference between a felony and continuing to be a free citizen.

 

[youngda9]

Carrying a firearm and he doesn't know the LAWS, or his RIGHTS...Major FAIL

 

[Hayseed_40]

That's easy to answer:

He went into Illinois, where such documents are a foreign concept.

What do you expect from the land that gave us Obama?

 

[jgreiner]

How do you "forget" something like that? Don't know what the penalty is, but I imagine it can't be good.

It's IL...so he could get life.


I thought about posting that in purple....but there is too much truth in what I posted. I have no doubts that IL will hit him with the maximum they can. Especially given their budget problems. Great way to generate revenue.