weapons charges

July 28, 2023

Chicago Man Charged With Five Counts After Leading Police on High-Speed Chase

by Law Offices of David L. Freidberg, P.C.

A Chicago man is facing five charges in Racine County after leading police on a high-speed chase. He is charged with reckless endangerment, grand theft of an automobile, unlawful possession of a firearm, and felony counts of attempting to elude police officers.

According to police, a deputy observed a white Infinity Sedan speeding on the I-94. The deputy began to pursue the vehicle, and road spikes were used to deflate the suspect’s tires. The vehicle began to lose one of its tires as it attempted to exit the highway. The suspect crashed the vehicle outside of a business and then began to flee on foot. The chase lasted for 16.7 miles reaching a top speed of 135 mph.

Deputies apprehended the suspect and searched the vehicle finding a handgun with an extended magazine on the floor of the passenger side of the vehicle. According to the complaint, there was one bullet in the chamber and another 18 in the magazine. The suspect did not have a valid concealed carry permit.

September 28, 2022

Chicago Man Charged With Weapons, Drug Violations

by Law Offices of David L. Freidberg, P.C.

A Chicago man is facing federal charges of unlawful possession of a weapon, unlawful possession of controlled substances, and the use of a weapon in the furtherance of a drug trafficking crime. The defendant was stopped on the CTA Green Line when the weapon and drugs were found. Since the defendant has a previous felony on his record, it is unlawful for him to possess a firearm.

However, the grand jury announcement and arrest report fail to note how the police became aware that the man was in possession of a weapon. What probable cause did they have to search the man in the first place? At this point, it is completely unclear how police became aware that this particular individual was in possession of contraband and illegal weapons.

When this information is not provided in an indictment report, it is likely to become the subject of a probable cause hearing. Generally speaking, police have little cause to approach an individual aboard a train or in a station and demand that they subject themselves to a search. So chances are good here that the defendant has a functional probable cause defense. If he does not, then he is going to have to face these charges and likely be convicted. His freedom thus hinges on how the search was conducted and whether or not the police had probable cause to initiate the search.

May 19, 2021

Fort Campbell Soldiers Implicated in Gun Trafficking Scheme

by Law Offices of David L. Freidberg, P.C.

Three soldiers out of Fort Campbell have been charged with purchasing and selling weapons, some of which were used in violent homicides in Chicago, according to NPR. The three men are enlisted U.S. Army members from Fort Campbell which is home to the 101st Airborne Division. The U.S. Army Criminal Investigation Division and the ATF teamed up to make the arrests.

The trio has been charged with a slew of crimes related to the illegal trafficking of weapons. These will be charged as federal crimes. These include transferring a firearm to an out-of-state resident, making false statements concerning the acquisition of a firearm, wire fraud, money laundering, and other charges related to the scheme.

Prosecutors have identified the ring leader as 24-year-old Brandon Miller. Prosecutors have asked that Miller be denied bond as he allegedly poses a significant flight risk.

January 13, 2021

Chicago CEO Loses Job After His Role in Capitol Riots

by Law Offices of David L. Freidberg, P.C.

Many of those who engaged in the violent protest that ended the life of one D.C. officer and several protesters are facing federal charges right now. Their faces and names are appearing all over social media and their identities are being revealed. In cases in which the federal government refuses to file charges, the individuals are being held accountable by the companies for which they work. One Chicago-area CEO discovered this the hard way.

Bradley Rukstales is one of the protesters who are facing federal charges stemming from the Capitol riot. He has also lost his job as CEO of the tech company Cogensia. A spokesperson for the company said Rukstales was terminated on Friday, effective immediately. The Vice President and COO of the company will take over Rukstales’ duties.

The company issued a statement that said that Rukstales’ actions were not consistent with the core values of the company. Rukstales is also facing federal charges for unlawful entry and disorderly conduct on Capitol grounds.

March 20, 2020

Police Officer’s Son Accused in Triple Shooting

by Law Offices of David L. Freidberg, P.C.

An ex-Chicago cop’s son is free on bail after being accused of shooting three people. 26-year-old Steven Bradley, Jr. is charged with attempted murder. His fiancee put up the $25,000 necessary for his release.

The shootings occurred in Dolton, a small Chicago suburb that saw an uptick in criminal activity. Local law enforcement expressed shock and dismay that Bradley was allowed free on bail after being charged with three attempted homicides.

Violent Crime and Bail

June 5, 2018

Two Decades of Gun Control Laws

by Law Offices of David L. Freidberg, P.C.

Gun control laws have been in a considerable state of flux for many years. Although in Illinois you are allowed to exercise your second amendment right to possess a firearm for self-defense, many still get in tangles with the law (see here for details on what warrants a charge of an unlawful use of a firearm or here for details regarding more serious affairs).

There are many reasons for this, but an undoubted central source would have to be the many changes to the laws governing guns over the years. More specifically, the last couple of decades have seen significant changes. The following are sections of significant change within the last 20 years of gun law history.

1998

February 23, 2018

Chicago Legal Guidelines for Prosecuting and Defending Mass Shooting Cases

by Law Offices of David L. Freidberg, P.C.

Many people in Chicago find it hard to believe that criminals involved in any mass shooting have a chance to defend themselves. This is because of the seriousness of the offenses that result from this crime and the restrictive nature of Chicago gun laws. With the right legal advice, however, an individual charged with a mass shooting can successfully defend his or her case.

With the United States facing the worst mass shootings in the modern history, it is likely that these incidences might stir action on gun control. If you look at Chicago, there were over 4,000 victims of crimes related to guns in 2016 alone. This means that we have to come up with measures that will actually bring a real impact.

History has shown that mass shootings mainly happen in places where victims cannot defend themselves. These include churches, learning institutions, and other places where people are not allowed to carry guns. According to research, all the public shootings in the US have occurred in locations where citizens are banned from carrying guns, except for two cases. In Europe, all the mass shootings have taken place in areas where citizens are banned from carrying guns.

February 2, 2018

Factors for Denial of a Gun Owner’s Card (FOID) in Chicago

by Law Offices of David L. Freidberg, P.C.

A gun owner’s card (FOID) may be confiscated or seized if one is convicted of a felony or becomes a subject of an order of protection. This is why it is crucial to consult an experienced lawyer if you believe you have a legal case. Following a seizure, you will not only need a reliable defense lawyer on your side, but you will also need someone who understands how to protect your gun possession rights.

Police seize firearms from people who fail to follow the law. However, they sometimes face opposition from firearm owners. Currently, gun control advocates are trying to remove firearms from dangerous offenders while avoiding any activity that might offend the rights of a gun owner. This can obviously cause complications between gun control advocates and those who believe in the right to bear arms. Since 1968, it has been a requirement in Illinois to apply a FOID card to own a firearm. Only law enforcement and military members own firearms without FOID cards.

Generally, a FOID card denial occurs if you get convicted of domestic violence, charged with a felony, for those addicted to narcotics, previous patients in a mental health facility in the past five years, mental or intellectually disabled people, or if one is a subject of court restraint order. FOID cards can also be withdrawn if the owner seems to be able to cause harm to others or to him or herself.

October 28, 2016

Unlawful Use of a Weapon in Chicago: Cracking Down on Gun Crime

by Law Offices of David L. Freidberg, P.C.

The rationale behind the laws relating to unlawful use of a weapon in Chicago are simple. First of all, they are designed to protect the public from harm by making it incredibly difficult and illegal to obtain a firearm. Secondly, the rules must take into account the perspectives of the gun lobby, which aims to take guns out of the hands of criminals whilst allowing unfettered access to the rest of the population. Recently there has been concern about mentally disordered people who may have no criminal record and therefore fully entitled to own a gun until they engage in mass killings. Those who deal with civil rights are not satisfied with the uneasy compromise because according to them the law is never blind in these instances. Ethnic minorities are likely to get stiff punishments for illegally owning a gun and yet when “white” defendants engage in mass murder; every effort is made (led by a compliant media) to find psychological defenses for them.

Preparing to Defend a Case of Unlawful Use of a Weapon

The attorney is expected to engage in what amounts to a background check of their defendants. This was particularly important in a high profile case that involved the gang-related drive-by shooting of Michael Arquero. The victim in this case soon turned into a defendant and the discovery was now all about proving that Arquero was not really as bad as his criminal record indicated. Using aliases he had been able to access weapons, highlighting the weaknesses of the entire system. The defense strategy that was chosen for the occasion was that of self-defense; one which sometimes requires the appearance of “clean hands” under the rules of equity. Following the investigation the prosecutors still accepted the prima facie case that Arquero had shot his attackers in self-defense although it appeared that he had no right to have a gun in the first place.

August 23, 2016

Illegal Gun Possession in Illinois

by Law Offices of David L. Freidberg, P.C.

A new study out of the Pittsburgh Graduate School of Public Health finds that lawful gun owners commit less than a fifth of gun crimes in the United States. The study traced the origins of every firearm recovered from crime scenes in 2008 and found that in roughly eight out of ten cases the perpetrator had been in illegal possession of the gun at the time of the crime. The study focused on how legally purchased firearms ended up at crime scenes and found that more than 30% of the guns had been stolen.

However, firearms enter the black market in a variety of other ways, as well. For example, an article from the Washington Post notes that many guns wind up on the black market via “straw purchases.” A straw purchase occurs when an individual with a clean record purchases a gun from a legal dealer and then passes the gun along to someone else who could not legally purchase the weapon. Gangs often orchestrate straw purchases and sometimes even have a designated member who maintains a clean record in order to furnish other gang members with firearms. According to a study conducted by the University of Chicago Crime Lab, criminals in Chicago also tend to acquire illegal firearms mostly via personal connections.

Who is Legally Prohibited from Owning a Firearm in Illinois?