Gun charges in Illinois usually stem from the possession of a firearm, but can also be lodged against a person for other weapons such as knives, switch blades, stilettos, bludgeons, brass knuckles, stun guns, and other dangerous weapons. In Illinois weapon charges classify as violations under the Unlawful Use of Weapons statutes, commonly referred to as U.U.W. The penalties that follow violations if the U.U.W. laws vary depending on the type of weapon possessed and the facts and circumstances of the violation. Most frequently U.U.W. charges are based on the possession of a firearm. Firearm violations penalties vary depending on circumstances of the arrest such as whether that firearm was possessed illegally without a Firearms Owner’s Identification Card (F.O.I.D), possessed by a convicted felon, used in the commission of a crime, and other situations which are described below.
Mainly at issue under constitutional challenges to the right to possess firearms is the Second Amendment to the United States Constitution. The Second Amendment to the Constitution is in cooperated in the Bill of Rights. The 2nd Amendment protects the people’s right to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights and reads “… the right of the people to keep and bear Arms, shall not be infringed.”
Gun laws change constantly throughout Illinois and in the United States. Gun rights and gun violence have been on vicious opposition to each other for a long time.