Gun Crimes

Gun crimes encompass a wide range of offenses, each with its own set of penalties. Some common examples include:

• Possession of a Firearm by a Convicted Felon: It is illegal for individuals with certain felony convictions to possess firearms.
• Brandishing a Firearm: The act of pointing or displaying a firearm in a threatening manner.
• Reckless Handling of a Firearm: Discharging a firearm in a public place or negligently handling a firearm in a way that endangers others.
• Use of a Firearm in the Commission of a Felony: Employing a firearm during a felony, such as robbery or assault.
• Carrying a Weapon in Air Carrier Airport Terminal: Carrying a concealed weapon into any airport terminal. This includes both loaded and unloaded firearms.

• Bringing a gun to an Airport: Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. Diversion may be available if it appears that the firearm was brought to the airport by mistake or accident.
• Possession of a Firearm by a Convicted Felon: Class 6 felony, punishable by 1-5 years in prison. Mandatory minimum sentences depending on prior felony conviction:
  • 5 years if the prior felony was a violent felony.
  • 2 years if the prior felony was non-violent and within the past 10 years.
• Brandishing a Firearm: Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. If the brandishing occurs on school property it becomes a Class 6 felony.
• Reckless Handling of a Firearm: Generally, a Class 1 misdemeanor. It can become a Class 6 felony if the reckless handling results in serious bodily injury to another person.
• Use of a Firearm in the Commission of a Felony: Mandatory minimum sentence ranging from 3 years (for certain felonies) up to 5 years (for violent felonies) to be served consecutively with any other sentence imposed.

While every case is different, when defending clients against gun crime charges, several potential defenses may come into play, including:

• Lack of Intent: If the prosecution cannot prove that the defendant intentionally committed the offense, it can weaken their case.
• Self-Defense: In certain situations, using a firearm in self-defense may be justified. However, the defendant must demonstrate that they reasonably believed their life was in imminent danger.
• Illegal Search and Seizure: If law enforcement obtained evidence through an unconstitutional search or seizure, it may be inadmissible in court.