Legal Question in Criminal Law in Illinois

unlawfull use of a wepon
i was stopped while visiting my family in illinois.i refused to allow the officer to serch my vehical.i was given a sobriaty test,whitch i passed.ferther search of my vehical,looking through the windows he saw my gun case under the console.he then entered my vehical opened the case and found a clip with rounds int the weapon.none in the chamber. i was arrested for unlawfull use of a weapon. i was passing through,i have a permit to carry in florida,the weapon was unable to be fired in its curent state,as it would have a round loaded into the chamber first. can i fight this? i have no prior criminal record

Asked on 10/29/07, 1:49 pm

4 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

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Re: unlawfull use of a wepon

All of the answers previousl posted are correct. I recently handled a very similar case for someone from Alabama who was stopped and charged with a felony in Illinois after police found his weapon in the glove compartment. You definitely need to hire an attorney. If the case is pending in any of the counties near St. Louis, Missouri, I could help you.

Answered on 10/30/07, 11:46 pm

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George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

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Re: unlawfull use of a wepon

Your first issue is whether the gun was in plain view. If it was in a gun case it might not have been. The next issue is wheather the gun case was locked and therefore the gun being inaccessible. Your Florida permit is of no legal force in Illinois. You are facing a felony. Please call me for a free consultation. I have been a criminal defense lawyer for 29 years.

Answered on 10/30/07, 11:11 am

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Michael Rosenblat Michael C. Rosenblat., P.C.

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Re: unlawfull use of a wepon

Based on the facts presented, the first issue would be the legality of the stop and search of you vehicle.

Answered on 10/29/07, 1:55 pm

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