Illinois Felony Aggravated Unlawful Use of a

Weapon Offense

 

Also called gun possession, possession of a firearm, carrying a concealed weapon, possession of a firearm without a permit or FOID card, possession of a firearm by a felon, AGG UUW, etc.

 

Aggravated Unlawful Use of a Weapon - 720 ILCS 5/24‑1.6

  

A person commits the offense of aggravated unlawful use of a weapon when he or she:

1. knowingly

2. possesses

a. on his or her person

b. or in any vehicle

3. any pistol, revolver, stun gun or taser or other firearm except when on his or her property or in his or her home or place of business

 

AND

 

4. one of the following factors is present:

a. the firearm possessed was uncased, loaded, and immediately accessible at the time of the offense

b. the firearm possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense

c. the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card

d. the person possessing the weapon was previously adjudicated a delinquent minor for an offense that if committed by an adult would be a felony

e. the person possessing the weapon was engaged in a misdemeanor offense related to the unlawful possession of a controlled substance, cannabis, or methamphetamine

f. the person possessing the weapon is a member of a gang

g. the person possessing the weapon had a order of protection issued against him or her within the previous 2 years

h. the person possessing the weapon was engaged in the commission or attempt of a misdemeanor involving the use or threat of violence against the person or property of another

i. the person possessing the weapon was under 21 years of age and in possession of a handgun

 

It is not a criminal offense to transport a weapon that is

1. broken down in a non‑functioning state

2. not immediately accessible

3. unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card

 

 

Sentence

• Aggravated unlawful use of a weapon is a Class 4 felony punishable by 1 to 3 years in the Illinois Department of Corrections (DOC).
• The Cook County State's Attorney does NOT offer probation in plea negotiations. The Lake County State's Attorney DOES offer probation. (Current as of 2/1/09.)
• A second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. (Mandatory prison sentence and non-probationable.)
• Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. (Non-probationable offense.)
• Aggravated unlawful use of a weapon while wearing or in possession of body armor by a person who has not been issued a valid Firearms Owner's Identification Card is a Class X felony punishable by 6 to 30 years DOC with no possibility of probation. The possession of each firearm in violation of this Section constitutes a single and separate violation.