Weapon Possession
Carrying a weapon in Illinois is highly regulated and may lead to severe consequences.
Unlawful Possession of a Weapon - 720 ILCS 5/24-1
This statute, sometimes referred to as “UPW”, applies when a person knowingly possesses (or carries) a weapon, illegally, in Illinois. The following subsections provide specific restrictions:
720 ILCS 5/24-1(a)(1): This subsection includes the sale, manufacturing, or possession of prohibited blunt weapons without proper registration.
720 ILCS 5/24-1(a)(2): This subsection includes the sale, manufacturing, or possession of prohibited blades weapons without proper registration.
720 ILCS 5/24-1(a)(3):This subsection includes possession of prohibited gaseous or explosive devices.
This statue provides an exception, allowing people to carry non-lethal devices for self defense such as pepper spray.
720 ILCS 5/24-1(a)(4): This subsection bars individuals from carrying firearms without a valid FOID. If someone intends to conceal a firearm on their person, they must have a valid FOID and CCL.
The exception to this statute allows possession of firearms while in their home, abode, or fixed place of business without a FOID or CCL.
720 ILCS 5/24-1(a)(5): This subsection makes setting up a spring gun illegal. For example, you cannot set a trap with a loaded firearm, where it fires when the trap is sprung.
720 ILCS 5/24-1(a)(6): It is illegal to possess a silencer attachment for a firearm.
720 ILCS 5/24-1(a)(7): This subsection prohibits the sale, manufacturing, or possession of the following prohibited weapons without proper registration:
720 ILCS 5/24-1(a)(7)(i): Machine guns, or guns that shoot with an automatic function such as with a switch.
720 ILCS 5/24-1(a)(7)(iI): Rifles with barrels under sixteen (16) inches, such as a sawed off shot gun.
720 ILCS 5/24-1(a)(7)(iii): Explosives such as artillery shells, molotov cocktails, or grenades.
720 ILCS 5/24-1(a)(9): This subsection bars concealment of identity while possessing a firearm or within a vehicle with a firearm. Concealment of identity includes wearing a mask or hood covering your face.
720 ILCS 5/24-1(a)(10): This subsection further identifies that it is illegal to carry a firearm without proper FOID and CCL registration on public property.
To carry a firearm, you must: place the firearm, unloaded, in a sealable container without the direct access to firearm or the firearm ammunition.
720 ILCS 5/24-1(a)(11):It is illegal to sell, manufacture, or possess any explosive ammunition.
720 ILCS 5/24-1(a)(13): It is illegal to possess a police “billy club” while in a building occupied by a government office. This weapon is reserved for law enforcement officers.
720 ILCS 5/24-1(a)(14): This subsection prohibits the manufacture, sale, or possession of gun modifying tools which make firearms automatic from semiautomatic.
720 ILCS 5/24-1(a)(15) & (16): These two subsections bar manufacture, sale, and possession of assault weapons and .50 caliber rifles.
720 ILCS 5/24-1(a)(2.5) & (8): These two subsections outline locations where it is illegal to have a weapon including places of worship and public gathering places that sell alcohol.
For the above subsections, the prosecution must show that you knowingly possessed the weapon, the weapon falls within a certain category, and you did not have the legal authority required to possess it.
Conviction on this statue results in a class 4 felony, punishable up to three (3) years in the Illinois Department of Corrections without aggravating circumstances.
Many weapons charges begin with traffic stops, street stops, and vehicle searches. If the police violated your fourth amendment rights, the charge that comes from it may be unconstitutional.
Aggravated Unlawful Possession of a Weapon - 720 ILCS 5/24-1.6
This charge generally applies when a person knowingly carries or possesses a firearm and certain legal requirements are not met.
720 ILCS 5/24-1.6(a)(1): It is illegal to carry a firearm on your person, concealed, or in a vehicle, when you are not on your own land, home, or fixed place of business.
720 ILCS 5/24-1.6(a)(2): It is unlawful to knowingly carry or possess a firearm on any public street, ally, or other public land within the corporate limits of a city, village, or incorporated town.
AND one of the following factors is present:
720 ILCS 5/24-1.6(a)(3)(A): A firearm, other than a handgun (rifle, shotgun, etc.), was uncased, loaded, and immediately accessible.
720 ILCS 5/24-1.6(a)(3)(A-5): A handgun was uncased, loaded, and immediately accessible, and the person does not have a current CCL (Concealed Carry License).
720 ILCS 5/24-1.6(a)(3)(C): A handgun was uncased, loaded, and immediately accessible, and the person does not have valid FOID (Firearm Owners Identification Card).
720 ILCS 5/24-1.6(a)(3)(D): A person was in possession of a firearm and was previously adjudicated delinquent as a minor for conduct that would be a felony if committed by an adult.
This is most often going to be charged as an Agg UUW-No FOID, as a finding of delinquency often disqualifies someone from obtaining a valid FOID.
720 ILCS 5/24-1.6(a)(3)(E): A person is in possession of a firearm while violating the law regarding cannabis, a controlled substance, or methamphetamine.
720 ILCS 5/24-1.6(a)(3)(G): A person is in possession of a firearm and had an order of Protection issued against them in the last two (2) years.
720 ILCS 5/24-1.6(a)(3)(H): A person is in possession of a firearm while engaged in or attempting a misdemeanor involving the use or threat of violence against a person or property.
720 ILCS 5/24-1.6(a)(3)(H): A person is under the age of twenty one (21) and in possession of a firearm, unless they are engaged in lawful activities protected under the wildlife code, such as hunting.
720 ILCS 5/24-1.6(c): This statute does not apply when transporting or possessing firearms that are:
Broken down in a non-functioning condition, or
Not immediately accessible, or
Unloaded and enclosed in a case/container (including a firearm carrying box) by a person with a valid FOID card.
Knowledge is a critical element. The prosecution must show that you were aware of the presence of the firearm. Simply being present in a vehicle where a firearm is found is not automatically enough for a conviction.
To convict someone under this statute, the prosecution must prove beyond a reasonable doubt that you knowingly carried or possessed a firearm, the firearm was uncased, loaded, or immediately accessible, the defendant did not have the required legal authorization.
This is a class 4 felony, punishable by up to one (1) to (3) years in the Illinois Department of Corrections.
Unlawful Possession of a Weapon by a Felon - 720 ILCS 5/24-1.1
It is illegal for a person who has previously been convicted of a felony to knowingly possess a firearm or firearm ammunition. This is commonly referred to as “Felon in Possession.”
This statute applies even if a firearm is legally registered. Convicted felons cannot knowingly possess or control a firearm.
The prior felony is often proven through certified court records. The real legal battle focuses on the element of possession. The prosecutor must prove a felon knew about the firearm and exercised control over it, not ownership.
For policy reasons, prosecutors treat these cases as high-priority offenses. Unlawful possession of a firearm by a felon is a class 3 felony, punishable by two (2) to five (5) years in the Illinois Department of Corrections.
Unlawful Possession of a Weapon by a Gang Member - 720 ILCS 5/24-1.8
Under this statute, a person can be charged if they knowingly possess a firearm and are alleged to be a member of a criminal street gang.
This statute applies when two key elements are alleged include that you knowingly possessed a firearm and you were a member of a criminal street gang at the time of possession.
Unlike other firearm statutes, this charge does not require prior felony convictions. The aggravating factor is gang membership.
The statute relies on Illinois’ legal definition of a “criminal street gang,” which generally involves a group of individuals engaged in a pattern of criminal activity.
To be convicted of this statute, the prosecution must prove gang membership. Gang membership allegations can be heavily contested. This often involves police gang databases, social media evidence, tattoos, prior police reports, and statements allegedly made by the defendant.
Gang related allegations can influence detention decisions and plea negotiations.
This is a class 2 felony and is punishable by three (3) to (7) years in the Illinois Department of Corrections.
Unlawful Possession of a Weapon by a Repeat Felon / Armed Habitual Criminal - 720 ILCS 5/24-1.7
This statute is commonly known as “Armed Habitual Criminal”, and is one of the most serious firearm possession charges in Illinois.
Illinois law prohibits certain repeat felony offenders from possessing a firearm under any circumstances. A person can be charged with this statute if they knowingly possess a firearm and they have two prior qualifying felony convictions.
The prior convictions must fall within specific categories listed in the statute. These typically include forcible felonies, certain drug offenses, and certain firearm-related offenses.
This statute is different from a simple felon in possession. It applies only when a person has multiple qualifying prior convictions.
The State must prove beyond a reasonable doubt that the defendant knowingly possessed a firearm and the defendant has two prior qualifying felony convictions. The prior convictions are usually proven through certified court records.
This is a class X felony, punishable by six (6) to thirty (30) years in the Illinois Department of Corrections.
Unlawful Possession of Firearm and Firearm Ammunition - 720 ILCS 5/24-3.1
A person can be charged with Unlawful Possession of Firearm (UPF) and Firearm Ammunition depending on their age, criminal history and mental capacity.
Possession often requires actual physical control, intent to possess, and awareness.
Even if someone does not have actual possession, constructive possession may still apply, which is a lower standard of possession, which requires knowledge, ability to possess, and intent to possess.
Firearms and firearm ammunition is treated the same under this statute.
This statute does not stop people under the age of eighteen (18) from participating in firearm activities outlined within the Wildlife Code or Fish and Aquatic Life Code.
Conviction of this statute is a class 4 felony
720 ILCS 5/24-3.1(a)(1)
Anyone under the age of eighteen (18) may not possess a concealable firearm on their person. The court interprets concealable as a handheld firearm which is capable of discharging with a single hand, and hidden from public view. Functionally, this means most handguns, even with attachments, including extended magazines.
720 ILCS 5/24-3.1(a)(2)
Anyone under the age of twenty one (21) may not possess a firearm if convicted of a misdemeanor or greater offense, unless that offense is a traffic related violation.
This subsection uniquely identifies both convictions for criminal offenses, or adjudications under the juvenile act as applicable to satisfy the background element of this charge
720 ILCS 5/24-3.1(a)(3) and (4)
This subsection provides similar limitations to firearm possession for people who are diagnosed as narcotics addicts or have been admitted to a mental institution within five (5) years.
Unlawful Possession of Firearm Projectiles (Specialty Ammunition) - 720 ILCS 5/24-2.1
Under this statute it is illegal to possess or transfer certain firearm projectiles that are considered extremely dangerous. This can include armor piercing bullets, metal piercing bullets, and explosive or enhanced projectiles.
This law makes it illegal to possess these specific projectiles. Unlike firearm statutes, this law focuses specifically on the ammunition itself rather than the firearm. A person can be charged even if no firearm was recovered.
Not all uncommon ammunition qualifies. The prosecutor must prove that the projectile meets the legal definition under Illinois law.
This is a class 3 felony, punishable by two (2) to five (5) years in the Illinois Department of Corrections.
Possession of Stolen Firearm - 720 ILCS 5/24-3.8
Possession of a stolen firearm requires a firearm to be actually possessed or constructively possessed by a person, as well as knowledge of the gun ownership.
The stolen element of this charge is liberally interpreted by the Court, including: lack of entitlement or permission to possess the firearm; knowledge the firearm is stolen; knowledge the firearm was converted or altered; knowledge that its serial number has been removed; and knowledge the serial number was altered.
If someone possesses a firearm that is stolen, they can be charged with a class 2 felony.
Aggravated Possession of Stolen Firearm - 720 ILCS 5/24-3.9
This charge becomes aggravated based upon the amount of stolen firearms a person possesses. To satisfy this charge, all elements must be met in 720 ILCS 5/24-3.8, and multiple firearms found to be in a person's possession.
For two (2) to five (5) firearms within a one (1) year period, charged with a class 1 felony up to fifteen (15) years.
For six (6) to ten (10) firearms within a two (2) year period, charged with a class X felony punishable up to thirty (30) years.
For eleven (11) to twenty (20) firearms within a three (3) year period, charged with a class X felony punishable up to forty (40) years.
For twenty one (21) to thirty (30) firearms within a four (4) year period, charged with a class X felony punishable up to fifty (50) years.
For thirty plus (30+) firearms within a five (5) year period, charged with a class X felony punishable up to sixty (60) years.
Possession of Explosive Device or Incendiary Device - 720 ILCS 5/20-2
A person cannot possess explosives or explosive or incendiary devices. Possession includes manufacturing or transporting any explosive compound, timing or detonating device for use with any explosive compound or incendiary device. This statute requires an element of intent to use devices, commit any felony offense with devices, or has knowledge that another intends to use the device to commit a felony.
This charge is a class 1 felony.
Possession of Deadly Substance - 720 ILCS 5/29D-15.2
According to this statute, it is illegal to possess a deadly substance, including the manufacturing, transportation of a deadly substance.
Deadly substances are defined as poisonous gas, deadly biological or chemical contaminant or agent, or radioactive substance either with the intent to use that gas, biological or chemical contaminant or agent, or radioactive substance.
If intent to commit a felony or with the knowledge that another person intends to use a deadly substance is found, the conviction will result in a class 1 felony punishment.
Boarding or Attempting to Board Airplane with Deadly Weapon - 720 ILCS 5/29D-35.1
You cannot board, or attempt to board, a commercial or charter aircraft, while knowingly possessing a firearm, explosive device, lethal weapon, dangerous substance, or deadly substance.
By purchasing an airline ticket, a person consents to a search of their person and personal belongings by the company or person selling the ticket to them. If a person refuses to be searched, the company or person operating the aircraft may refuse to allow them to board.
Any evidence of criminal activity found during a search is admissible in legal proceedings for the sole purpose of supporting a charge of violation of this statute alone, and is inadmissible as evidence in any legal proceeding for any other purpose, except in the prosecution of offenses related to weapons.
Notably, persons authorized by either the federal government or any state government to carry firearms, if they notify the commander of any aircraft of firearm possession and provide authorized firearm identification satisfactory to the aircraft commander.
This is a class 4 felony punishable up to three (3) years incarceration.