Weapon Use and Discharge
Using and discharging weapons are some of the most serious and prosecuted criminal offenses within Illinois.
Reckless Discharge of a Firearm - 720 ILCS 5/24-1.5
This charge applies when someone fires a gun in a way that creates a substantial risk of harm to another person. The key issue is recklessness. The law does not require proof that you intended to harm someone.
Common examples that may lead to charges include:
Firing a gun into the air in a residential neighborhood,
discharging a firearm near occupied buildings,
firing a gun in close proximity to other people,
discharging a firearm in a crowded area
Under Illinois law, a person acts recklessly when they consciously disregard a substantial and unjustifiable risk.In practical terms, this means,
You were aware that your conduct created a risk,
You ignored that risk
The risk was serious enough that ignoring it was unreasonable.
This is different from an intentional shooting case. Reckless Discharge focuses on dangerous conduct rather than deliberate targeting.
This is a class 4 felony, punishable by up to one (1) to (3) years in the Illinois Department of Corrections.
Aggravated Discharge of a Firearm - 720 ILCS 5/24-1.2
This charge applies when someone knowingly fires a gun and the discharge creates a substantial risk to another person.
Once knowledge and actual discharge is proven, the statute provides aggravated standards for substantial risk such as:
720 ILCS 5/24-1.2(a)(1) - you discharge a firearm at or into a building you know or reasonably should have known is occupied from outside the building.
720 ILCS 5/24-1.2(a)(2) - You discharge a firearm in the direction of another person, or in the direction of a vehicle you know or reasonably should have known was occupied by a person.
720 ILCS 5/24-1.2(a)(3) - You discharge a firearm in the direction of a person you know is a peace officer, correctional institution employee, law enforcement volunteer, or firefighter while they are executing official duties, to prevent them from performing their duties, or in retaliation for performing their duties.
720 ILCS 5/24-1.2(a)(4) - You discharge a firearm in the direction of a vehicle you know to be occupied by a person you know is a peace officer, a person summoned or directed by a peace officer, correctional institution employee, law enforcement volunteer, or firefighter while they are executing official duties, to prevent them from performing their duties, or in retaliation for performing their duties.
720 ILCS 5/24-1.2(a)(5) - You discharge a firearm in the direction of a person you know to be emergency medical services personnel while they are engaged in the execution of their official duties, to prevent performance of their duties, or in retaliation for performing their duties.
720 ILCS 5/24-1.2(a)(6) - You discharge a firearm in the direction of a vehicle you know to be occupied by emergency medical services personnel while they are engaged in the execution of their official duties, to prevent performance of their duties, or in retaliation for performing their duties.
720 ILCS 5/24-1.2(a)(7) - You discharge a firearm in the direction of a person you know to be a teacher or other school employee while they are on school grounds, adjacent school grounds, or in any part of a building used for school purposes.
720 ILCS 5/24-1.2(a)(8) - You discharge a firearm in the direction of a person you know to be an emergency management worker while they are engaged in the execution of their official duties, to prevent performance of their duties, or in retaliation for performing their duties.
720 ILCS 5/24-1.2(a)(9) - You discharge a firearm in the direction of a vehicle you know to be occupied by an emergency management worker while they are engaged in the execution of their official duties, to prevent performance of their duties, or in retaliation for performing their duties.
Firing in the direction of another person.
Firing in the direction of a vehicle someone is inside.
Firing in the direction of a building someone is inside.
Firing from a motor vehicle .
Firing towards a police officer, firefighter, or other protected person.
Notably, even if you do not strike someone, or shoot close to someone for this charge to apply. The act of knowingly firing can be enough.
We challenge the validity of this charge by questioning who fired the weapon, whether you actually possessed the firearm, whether the discharge was intentional, and whether the firearm was discharged in the direction of a person or occupied structure.
This statute is a class 1 felony, but if the discharge was against a public official, or near a school, it becomes a class X felony punishable by incarceration of up to forty five (45) years.
Aggravated Discharge of Machine Gun or Silenced Firearm - 720 ILCS 5/24-1.2-5
This statute applies when someone knowingly discharges a machine gun or a firearm equipped with a silencer in circumstances that create a serious risk to others.
A machine gun is generally defined as a firearm capable of firing more than one round automatically with a single trigger pull. This includes firearms modified to be automatic in nature, such as applying a switch to a handgun.
A silencer is a device attached to a firearm that is designed to suppress the sound of discharge.
The law treats the discharge of these types of weapons as especially dangerous because of their destructive nature and ability to place multiple people in danger.
Importantly, no one needs to be injured for this charge to apply.
This is a class X felony, punishable by six (6) to (30) years in the Illinois Department of Corrections.
Unlawful Discharge of Firearm Projectiles (Speciality Ammunition) - 720 ILCS 5/24-3.2
A person is charged with unlawful discharge of specialty ammunition firearm projectiles when they knowingly recklessly discharge a firearm and have knowledge the ammunition used is of a speciality variety.
This statute applies if someone intends to shoot a firearm, or recklessly possesses and subsequently shoots a firearm and if they know, or should have known, the ammunition within the firearm magazine was a specialty ammunition.
Speciality ammunition includes ammunition such as armor piercing rounds, dragon breath rounds, flechette rounds, and bolo shells.
Discharging speciality ammunition is a class 2 felony. If discharged speciality ammunition strikes a person, the offense is upgraded to a class X felony.
Use of Stolen Firearm in Commission of an Offense - 720 ILCS 5/24-3.7
A person is charged with this statute if they use a stolen firearm in the commission of a criminal offense. This statute is satisfied when the person who is carrying out a criminal action knowingly uses a stolen firearm. This offense specifically requires knowledge that the firearm was stolen.
This is a class 2 felony carrying a punishment of up to seven (7) years of incarceration.
Unlawful Use of Body Armor - 720 ILCS 5/33F-2
A person cannot wear body armor, and possess a dangerous weapon other than a firearm, while in commission of any offense. Body armor is defined as a Kevlar-style military vest, concealable soft body armor, reconnaissance vests, or protective clothing made of materials like Kevlar, fiberglass, or metal designed to protect against projectiles.
This is a class 4 felony, punishable up to three (3) years of incarceration.
Armed Violence - 720 ILCS 5/33A-2
A person commits armed violence when, while armed with a dangerous weapon, he commits any felony, including personally discharges a firearm that is a Category I or Category II weapon while committing any felony, or is the proximately causes great bodily harm, permanent disability, or permanent disfigurement or death to another person while committing any felony as defined by Illinois law.
Not applicable to this statute includes first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, mandatory sentencing factor that increases the sentencing range, or violations of the Fish and Aquatic Life Code or the Wildlife Code.