Blogs | Law Office of Jack L Zaremba


Unlawfully Supplying Firearms to Someone without a FOID Card

Joliet FOID Gun Lawyer

Not too long ago, an Illinois man was charged with first-degree attempted murder, aggravated battery, and aggravated discharge of a firearm after allegedly shooting two sheriff’s deputies outside his home using a semi-automatic assault rifle. The man’s aunt has since been charged with unlawfully supplying that weapon to her nephew, whose firearm owner’s identification card was revoked almost 15 years ago. Police reports indicate that she admitted to giving her nephew the assault rifle – as well as two other firearms – a couple of months before the October shooting.

Illinois law generally does not permit anyone without a FOID card – which must be issued by the Department of State Police – to acquire or possess firearms or ammunition. Accordingly, if you are aware that someone does not have a FOID card, it is illegal to supply him with a weapon. The unlawful sale or delivery of firearms is a felony offense. Punishment depends on the category of person you unlawfully supplied with a firearm as well as the number of offenses you have committed.

You may also be charged with unlawful sale or delivery if you knowingly:

• Sell or give a concealable firearm to a person under the age of 18;
• Sell or give a firearm to a person under the age of 21 who has been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent;
• Sell or give a firearm to a narcotic addict;
• Sell or give a firearm to anyone who has been convicted of a felony;
• Sell or give a firearm to anyone who has been a mental institution patient within the past five years;
• Sell or give a firearm to an intellectually disabled person;
• Sell a concealable firearm without withholding delivery for at least 72 hours after someone has applied to purchase it; or
• Sell a rifle, shotgun or other long fun without withholding delivery for at least 24 hours after someone has applied to purchase it.

State law imposes additional requirements on dealers, importers, manufacturers and pawnbrokers who hold licenses under the federal Gun Control Act.

Revocation of a FOID Card

There are numerous grounds for revoking a previously issued FOID card. For example, the police may revoke a FOID card if the holder is, or was at the time of issuance:

• Under 21 years old and has been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent;
• Under 21 years old and does not have written consent from a parent or guardian to acquire and possess firearms and ammunition;
• A convicted felon;
• A drug addict;
• A mental institution patient within the past five years;
• Someone whose mental condition poses a clear and present danger to himself or another person;
• Intellectually disabled; or
• Someone who intentionally made a false statement on his FOID card application.

If you have been charged with the unlawful sale or delivery of a firearm, or if your FOID card has been revoked, our Will County criminal defense attorneys can help. Contact us today for a consultation. We can assist those in Frankfort, Joliet or the surrounding area.

California Man Clocked at 88 M.P.H. While Driving Iconic DeLorean

Joliet Traffic Lawyer

Traffic violations are no laughing matter. They can lead to serious consequences including the suspension of your driving privileges, in some cases. A recent incident on a California highway, however, left both the driver and the police officer smiling at the unique nature of the situation in spite of the potentially costly fine.

A Dream Car

In the months and years leading up to the film’s release in 1985, the minds behind Back to the Future wanted to find a futuristic-looking vehicle to be used as a time machine—an essential part of the movie’s plot and widespread appeal. They eventually settled on the DeLorean DMC-12. The model number is a little misleading as it was the only model ever produced by the DeLorean Motor Company, but with its stainless steel body and gull-wing doors, the car that is known simply as “the DeLorean” certainly fit the bill.

In the years since the film’s release, the DeLorean has become a pop culture icon. Just over 9,000 were originally built, and they have long since become the targets of collectors, film buffs, and others with an interest in unique automobiles. Various companies have also made kits available so that owners can make their DeLoreans look like the time machine from the movie.

Testing the (Speed) Limit

About a month ago, a young man in Saugus, California finally realized his decade-long dream of owning a DeLorean. Late last week, he decided it was time to take the car out on the road with his mother in the passenger seat. According to a local news report, as he got onto the highway, he looked down and realized he was doing about 85 miles per hour, just three miles per hour shy of the threshold of 88 mph—which, in the movie, would send the vehicle through time. He pushed the accelerator a little harder and hit the “magic number” for a few seconds before seeing the lights of a California Highway Patrol vehicle behind him.

When the smiling officer approached the silver sports car and showed the driver the radar gun readout, “All of us started busting up laughing,” the driver told The Santa Clarita Valley Signal. The radar gun had clocked the car at exactly 88 miles per hour. The officer issued the driver a ticket, but not before asking whether he had a flux capacitor with him. “Maybe if I had the flux capacitor,” the driver joked, “he would have let me off.”

Dealing With Speeding Tickets?

With only a few thousand in existence, chances are good that you will never drive a DeLorean. The likelihood of being issued a speeding ticket, however, is far greater. If you have received a citation for exceeding the speed limit, running a red light, or any other type of traffic violation, contact an experienced Joliet traffic citations lawyer. Call Attorney Jack L. Zaremba at 815-740-4025 for a free consultation today. He will help you explore your options and will work hard to protect your rights along the way.

Can You Appeal Your Criminal Conviction

Joliet Criminal Appeal

The ability to appeal a criminal conviction is a constitutionally protected right that is incredibly important to the integrity of our criminal justice system. There are various reasons you may want to appeal a criminal conviction, including:

• Ineffective assistance of counsel;
• Faulty evidentiary ruling by the court;
• Faulty jury instructions;
• Unfair or biased trial; or
• Excessive sentencing.

Appealing a criminal conviction does not automatically mean that you are going to be granted a new trial. Filing an appeal is a complex process, it is important to work closely with an attorney who can provide guidance along the way. There are deadlines, rules, and arguments that apply specifically to the appeals process and any mistakes could undermine your chances for a successful appeal.

How Does the Appeals Process Work?

The appeals process starts at the time of the original trial. If you have been arrested and charged with a crime, you may end up fighting the case in court. During your criminal trial, the judge will likely make several rulings based on precedent, as well as statutory law. The judge may rule on evidence, on what specific jury instructions the jury will receive, as well as about which laws apply to your specific case. Almost any ruling by the court could be subject to appeal in the future.

At your trial, you may wonder why your attorney objects to things despite being continually overruled by the judge. This is your lawyer’s job; what he or she is doing is preserving the objection in the event that your case needs to be appealed. Certain appeals can only be made if an objection was made on the record during the initial criminal trial.

When you appeal your case to an appellate court, the appeals court will not retry the case. You appeal pursuant to a matter of law. What that means is the appellate court will not decide again whether the testimony of a witness was credible; rather, it will determine if the lower court erred in allowing the testimony in the first place. Another example would be appealing the admissibility of evidence. The appellate court will not analyze the evidence itself, but whether the court erred as a matter of law in allowing the evidence during your trial.

What Happens If I Win My Appeal?

Winning an appeal may mean several different things depending on the nature of your case. It could mean getting a new trial with directions from the appellate court on what is admissible. Winning an appeal may even mean that your conviction is set aside or that a key piece of evidence is thrown out. There are different ways a lawyer can “win” your appeal that depend on what exactly is being appealed from the initial trial.


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