Over the years, I have consulted with many people who were disqualified from possessing a gun due to a criminal conviction, a protective order, etc. Some of those people have told me that they knew themselves to be prohibited, but tried to buy a gun anyway to see what would happen. Doing so is a very bad idea.
Firearm (Gun) Law
Over the last year, we have noticed an increase in amount of time that the Illinois State Police (ISP) take to process appeals of denials of Firearms Owner Identification (FOID) cards and concealed carry permits. Sadly this is nothing new, as the ISP has been improperly delaying firearms-related matters for many years.
A Federal law, the Firearms Owners’ Protection Action (FOPA), provides a safe harbor for the interstate transportation of firearms as set forth in 18 U.S.C. § 926A:
These days, more people than ever end up moving from state to state. That can create issues for people when it comes to seeking a restoration of gun rights, as some people are unsure whether they need to seek the restoration of their firearms rights in the state where the crime occurred or in the state where they now live. Luckily, the answer is a simple one.
Gun laws vary greatly from state to state, and even within states at the city and county level. These differences can cause a gun owner serious legal problems.
The issues of what crimes should bar a person from gun ownership, how long such a ban on gun ownership should last, and when a person should be able to have their gun rights restored are often hotly debated.
A gun trust is a type of trust used to register and own firearms in the United States. A gun trust is not a necessity to register or own firearms in the United States, but they do provide many useful benefits, especially in cases where the firearms owned are Title II/Class 3.
Illinois has very strict gun regulations. To carry a concealed firearm in the State of Illinois, an individual must apply for an Illinois Concealed Carry License. Pursuant to Illinois law, only
Iowa Code section 724.8 provides a list of people who are ineligible for a permit to carry weapons under Iowa law:
Those who have been banned from gun ownership due to a criminal conviction or other disqualifying event in Illinois or Iowa can seek a restoration of their gun rights. This is a somewhat involved process that must be handled properly in order to have the best chance of succeeding. My firm has represented many clients in Iowa and Illinois to seek such a restoration of their gun rights.
The crime of Unauthorized possession of offensive weapons is defined by Iowa Code section 724.3, which states that
Criminal history checks are becoming more common with each passing year, increasing the importance of maintaining a good criminal record.
In Illinois, 720 ILCS 5/24-1.1 makes it a crime for a person who has been convicted of a felony in Illinois or another state to possess a firearm or ammunition:
Iowa law prohibits people who have been convicted of a felony, misdemeanor of domestic violence, who are subject to a protective order, or have a juvenile adjudication that would have been a conviction if they had been an adult from possessing firearms or ammunition, under Iowa Code section 724.26.
For those who do not have an Iowa Permit to Carry Weapons, it is crime to improperly carry a gun, knife, or other weapon. Iowa Code Section 724.4 defines the crime of Carrying Weapons as follows:
A person whose Iowa Permit to Carry Weapons is revoked or denied has the right to appeal. That appeal must be filed timely and handled properly in order to properly protect the person’s right
If an individual’s application for a FOID card is denied, or if their FOID card has been revoked, the aggrieved party may file an appeal with the Illinois State Police. All final administrative decisions by the Illinois State Police are subject to further judicial review
In Iowa, the courts allow for an expungement of criminal records for a limited number of circumstances. If an expungement is granted, the criminal record will be
In Illinois, an individual may request an expungement to clear certain charges from their criminal record. Only certain charges are eligible for expungement, and it is best to first determine if the charge is eligible before
There are laws at the Federal and State levels that prohibit certain people from possessing a firearm. These laws can be rather complex, and a person who is charged with unlawfully possessing a gun generally cannot avoid criminal liability by saying that they did not know they were prohibited. This article discusses the general categories of people who are barred from possessing guns, and some of the related situations that often arise.
Since the year 2011, Puryear Law has offered employees a $50/month bonus if they choose to take the training to obtain their permit to carry, lawfully obtain that permit, and lawfully and safely carry at the firm’s office. On
Earlier this year, I had the honor of representing a woman named Judy, who used her gun to defend herself, her sister, and her sister-in-law after they were violently attacked in a parking lot in Rock Island County, Illinois. Much to her surprise, Judy was charged in Case Number 2010CF1076 in Rock Island County, Illinois, after telling the police about the attack she suffered. After a variety of motion hearings, we proceeded to a jury trial on February 7, 2012. … Continued