Defending Against Gun and Weapons Charges in Will County
Illinois has some of the most complex firearms laws in the country, and weapons charges in Joliet carry penalties that can range from misdemeanor fines to decades in state prison. Whether you have been charged with possessing a firearm without a FOID card, carrying a weapon in public without a concealed carry license, or discharging a firearm, the consequences of a conviction extend far beyond incarceration — you face the permanent loss of your right to own firearms, a felony criminal record, and lasting damage to your employment and housing prospects.
At the Law Offices of Jack L. Zaremba, P.C., we defend clients facing weapons and gun charges throughout Joliet, Will County, and Grundy County. Attorney Jack Zaremba is a former Will County prosecutor who has handled firearms cases from both sides of the courtroom. He understands how prosecutors build these cases, the constitutional issues involved, and the defense strategies that are most effective in Will County courts.
Illinois Weapons Offenses and Statutes
Weapons offenses in Illinois are governed primarily by Article 24 of the Criminal Code (720 ILCS 5/24) and the Firearm Owners Identification Card Act (430 ILCS 65). The type of charge you face depends on the weapon involved, the circumstances of the offense, your criminal history, and whether you hold valid firearms credentials. Our firm defends clients against the full range of weapons charges in Joliet:
Unlawful use of weapons (720 ILCS 5/24-1) — Carrying or possessing a firearm in a vehicle or concealed on your person without proper licensing. This offense covers a wide range of conduct from carrying a loaded weapon in your car to possessing prohibited weapons such as machine guns, silencers, or short-barreled firearms.
Aggravated unlawful use of a weapon (720 ILCS 5/24-1.6) — An elevated charge that applies when a firearm is uncased and loaded in public or in a vehicle without a valid FOID card or concealed carry license. A first offense is a Class 4 felony. A second offense or possession by a convicted felon is a Class 2 felony carrying 3 to 7 years in prison.
Unlawful possession of a weapon by a felon (720 ILCS 5/24-1.1) — It is illegal for any person convicted of a felony to possess a firearm or ammunition in Illinois. This is a Class 3 felony with an extended sentencing range of 2 to 10 years, escalating to a Class 2 felony with 3 to 14 years if you have prior violent crime or drug convictions.
FOID card violations (430 ILCS 65/2) — Illinois requires a Firearm Owner’s Identification Card to possess any firearm or ammunition. Possession without a valid FOID card ranges from a petty offense to a Class A misdemeanor (up to 364 days in jail) depending on the circumstances. If your FOID card was revoked and you failed to surrender your firearms, the charge becomes a Class 3 felony carrying mandatory prison time with no probation eligibility.
Aggravated discharge of a firearm (720 ILCS 5/24-1.2) — Firing a weapon at or into a building, vehicle, or in the direction of another person. This is a Class 1 felony carrying 4 to 15 years in prison, and a Class X felony (6 to 30 years) when directed at a peace officer, firefighter, or emergency worker.
Reckless discharge of a firearm (720 ILCS 5/24-1.5) — Discharging a firearm in a reckless manner that endangers the safety of others. This is a Class 4 felony carrying 1 to 3 years in prison.
Penalties for Weapons Offenses in Joliet
Weapons charges in Will County carry some of the harshest penalties in Illinois criminal law. Many firearms offenses carry mandatory prison sentences with no eligibility for probation, and prosecutors in Joliet pursue these charges aggressively:
- Class A misdemeanor — FOID violations, some UUW offenses: up to 364 days in jail, $2,500 in fines
- Class 4 felony — Aggravated UUW (first offense), reckless discharge: 1 to 3 years in prison, $25,000 in fines
- Class 3 felony — Possession by a felon, felony FOID violations: 2 to 5 years (extended to 10 years for felon in possession)
- Class 2 felony — Aggravated UUW by felon, repeat offenses: 3 to 7 years in prison (extended to 14 years)
- Class 1 felony — Aggravated discharge of a firearm: 4 to 15 years in prison
- Class X felony — Aggravated discharge at a peace officer, armed habitual criminal: 6 to 30 years, no probation
Many weapons offenses in Illinois carry mandatory minimum sentences that require prison time regardless of the circumstances. The armed habitual criminal statute makes it a non-probationable Class X felony for anyone with two or more prior felony convictions to possess a firearm — carrying 6 to 30 years in prison.
Second Amendment and Constitutional Defense Issues
Recent United States Supreme Court decisions, including District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, have significantly impacted firearms law in Illinois. The Illinois Supreme Court has applied these decisions to strike down certain provisions of the state’s weapons statutes, particularly those restricting the right to carry firearms outside the home.
These constitutional developments create defense opportunities that did not exist even a few years ago. Attorney Zaremba stays current with evolving Second Amendment case law and evaluates every weapons charge for potential constitutional challenges. If the statute under which you are charged has been narrowed or invalidated by recent court decisions, we will use that to your advantage in Will County court.
Defense Strategies for Weapons Charges
As a former Will County prosecutor, Attorney Zaremba knows how the State builds weapons cases and where they are vulnerable. Common defense strategies include:
- Illegal search and seizure — Many weapons charges in Joliet result from traffic stops, vehicle searches, or pedestrian stops. If police violated your Fourth Amendment rights by conducting an unlawful search, any weapons found may be suppressed as evidence.
- Lack of knowledge — The prosecution must prove you knowingly possessed the weapon. If the firearm belonged to someone else or was found in a shared vehicle or residence, we can challenge whether you had knowledge of its presence.
- Valid FOID card or license — If you possessed a valid FOID card or concealed carry license at the time of the alleged offense, the charges may not apply.
- Constitutional challenges — Post-Bruen constitutional arguments may apply to your specific charge, particularly for offenses involving carrying a firearm outside the home.
- Constructive possession challenges — Being near a firearm does not mean you possessed it. We examine whether the State can prove you had actual or constructive possession of the weapon.
- Challenging prior conviction enhancements — If your charge is enhanced based on a prior felony conviction, we verify whether that conviction qualifies for enhancement under the statute.
Frequently Asked Questions About Weapons Charges in Joliet
What happens if I am caught with a gun and no FOID card in Illinois?
The penalties depend on the circumstances. If your FOID card is expired, you may face a Class A misdemeanor. If your card was revoked due to a felony conviction, domestic violence, or mental health adjudication, the charge can be a Class 3 felony with mandatory prison time. Carrying a loaded firearm in public without a FOID card or concealed carry license is aggravated unlawful use of a weapon, a Class 4 felony.
Can a felon ever get their gun rights restored in Illinois?
In limited circumstances, yes. A person with a felony conviction may apply to the Firearm Owner’s Identification Card Review Board for relief. If the board grants a FOID card, the prohibition on firearm possession may be lifted under 430 ILCS 65/10. This is a complex process that requires legal representation.
Is possession of ammunition without a FOID card a crime in Illinois?
Yes. Under 430 ILCS 65/2(a)(2), it is illegal to possess firearm ammunition in Illinois without a valid FOID card. This is the same law that prohibits firearm possession without a FOID card, and it carries the same penalties.
What is an armed habitual criminal charge?
Under 720 ILCS 5/24-1.7, a person with two or more qualifying prior felony convictions who possesses a firearm can be charged as an armed habitual criminal. This is a Class X felony carrying 6 to 30 years in prison with no eligibility for probation. It is one of the most serious weapons charges in Illinois.
Related: Return to Criminal Defense for an overview of all related practice areas and defense strategies.
Contact a Joliet Weapons Charges Defense Attorney
If you are facing weapons charges, gun crimes, or FOID card violations in Joliet, Will County, or Grundy County, the penalties are too severe to face without experienced legal representation. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 for a free consultation. We are available 24 hours a day and offer affordable rates with flat fees for most cases.