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June 28, 2022
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How Will a Gun Charge Conviction Impact Your Right to Bear Arms?
While every American has the Second Amendment right, the right to own a firearm can be taken away under certain circumstances. Before we discuss these circumstances, it is important to understand state and federal gun laws. The state laws will vary depending on the state in question.
If your Second Amendment rights have been taken from you, our defense attorneys can help. When you call our law offices, we will advise you on dealing with this matter and will ensure the best possible outcome for your case is achieved.
Federal vs. State Gun Restrictions
As explained above, there are state laws and federal laws. Under the gun control act of 1968, anyone who has been convicted of a felony cannot own a firearm. However, you must understand that state laws differ from federal laws. Therefore, your state’s laws might actually allow you to regain your firearm rights.
A good example of this is Indiana. In Indiana, you can have your firearm rights restored if you successfully petition the court. Meanwhile, in Kentucky, you can apply for expungement, but this can only be done five years after you have completed your sentence.
In California, your gun possession rights can’t be restored if you are convicted of a domestic violence crime or a felony involving a dangerous weapon. There are two main ways that you can get your gun rights back. The first is whether you have a wobbler, while the second is if the governor pardons you.
Crimes Impacting Gun Ownership In Illinois
In Illinois, you can only own a firearm if you have a Firearm Owner’s Identification Card and no weapons charges. The state police will issue the card to residents without a dangerous record. To have a firearm owner’s identification card, you must be 21 years of age or older, a resident of Illinois, and free from certain criminal convictions.
If you want to have a firearm but are 21 years of age or below, you need written consent from your parents. Keep in mind that your parents should be qualified to possess a firearm owner’s identification card themselves.
Crimes Affecting Your Right to Bear Arms
Three main types of crimes can prevent you from owning a firearm:
Felonies
Some crimes are considered more severe than others. These felonies include crimes such as armed robbery, aggravated arson, aggravated kidnapping, and murder.
Domestic Violence
This is a form of violence caused by a family member, a relative, or a close family friend. This class A misdemeanor conviction can mean a one-year sentence of imprisonment and fines of up to $2,500.
Assault and Battery with a Firearm
The third type of criminal conviction that will prevent you from bearing a firearm is a battery or assault crime that was committed while using a gun.
Get in Touch with a Gun Charge Attorney
If you face charges due to a felony, do not plead guilty. Instead, call Chicago Trusted AttorneysⓇ by dialing 312-519-3171. We have years of experience defending against gun-related charges, and you can rest assured the prosecutor will not violate your rights. You can also get in touch with us via the contact form on this website.