Can you be charged with unlawful use of a gun, if there was no gun found?
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Can you be charged with unlawful use of a gun, if there was no gun found?
My brother just turned 18 and is being charged with unlawful uses of weapons – carry/possession of a firearm in public school and no FOID card. However there was no firearm. According to school documents, there were 2 bullet shells and a potential weapon (bent piece of metal) found in his unattended bag. His bag was left in the cafeteria and it was taken by the dean as 2 students were arguing with each other re: the bag. He is being charged with a class 4 felony. Is this the correct charge, considering there was no actual firearm? Should he speak with a criminal law attorney? IN DuPage County, IL>
Asked on October 12, 2010 under Criminal Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, your brother should speak with a criminal defense attorney in your area as soon as possible. First, he is 18 and will be charged as an adult and not a minor. Second, if a conclusion can be drawn that the the metal piece found could in some way be fashioned in to a gun or gun- like instrument along with the shells then he is sunk. Not all "weapons" are the traditional ones we think of in this day and age. People can fashion a gun out of almost anything. The fact hat the material was in a public school will also not bode well with the prosecutors. Get help. Good luck.
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