Illinois Criminal Defense Attorneys

Weapons Charges in illinois.

Weapons Charges Overview

The Unlawful Use of Weapons is a criminal offense that involves the possession, sale, manufacture, or use of a weapon that is prohibited by law, or used in an illegal manner.

Criminal Offenses regarding Deadly Weapons, including the Unlawful Use of Weapons are outlined in the Illinois Criminal Code of 2012 720 ILCS 5/Art. 24.

Ways you can be charged with Unlawful Use of Weapons

In Illinois you can be charged with Unlawful use of Weapons if you knowingly violate one of the following subsections 24-1(a)(1) through (16):

(1) Sell, manufacture, purchase, possess, or carry any bludgeons, black-jacks, slung-shots, sand-clubs, sand-bags, metal knuckles, throwing stars, switchblade knives, and ballistic knives

(2) Possess or carry any dangerous weapon, such as a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle, stun gun, taser, or any other weapon intended to cause harm to another person 

(2.5) Possess or carry a firearm with the intent to harm in any place of religious worship in Illinois

(3) Possess, carry, or have in your vehicle a tear gas gun projector, tear gas bomb, or any object containing a harmful liquid, gas, or substance.

Exception: it is legal to carry a non-lethal object containing a noxious liquid gas or substance designed solely for personal defense if you are 18 years of age or older

(4) Possess or carry a firearm in a vehicle or on you, except when you are on your own property, in your home or business, or on someone else's property with their permission

Exceptions: You can transport a firearm if it is broken down and not functioning, not immediately accessible, or unloaded and enclosed in a container by someone with a valid Firearm Owner's Identification Card. 

Or a person with a valid license under the Firearm Concealed Carry Act can carry or possess a firearm in accordance with that law.

(5) Sets a spring gun –  setting up a trap or device that is designed to cause a gun or other weapon to discharge when triggered by a person or animal

(6) Possess any device designed to silence the sound of a discharged firearm

(7) Sells, manufactures, purchases, possesses or carries:

(7i) A machine gun

(7ii) A rifle with a barrel length less than 16in, a shotgun with a barrel length less than 18in, or any weapon that was originally a rifle or shotgun but has been modified to have an overall length of less than 26in. This includes weapons that have been altered or modified in any way 

(7iii) Possess any explosive device or substance, including bombs, grenades, and Molotov cocktails, that contains more than 1/4 ounce of explosive material. This also includes any containers that are designed or intended to hold explosive substances, such as bomb-shells or bottles

(8) Carry or possess any firearm, stun gun, taser or other deadly weapon in places licensed to sell alcohol, or at public gatherings that require a government-issued license or admission fee

Exception: This does not apply to firearm safety training courses or auctions/raffles of firearms with a government-issued permit.

(9) Hide your identity by wearing a mask or hood while carrying a firearm or ballistic knife in a vehicle or on you

(10) Carry a pistol, revolver, stun gun, taser, or firearm on public streets, alleys, or other public lands within city limits, unless you are an invitee or carrying it for lawful commerce or display purposes

Exception: does not apply to people transporting weapons that are broken down, not easily accessible, or unloaded and enclosed in a case or container, or to people who have a valid Firearm Owner's Identification Card or a valid license under the Firearm Concealed Carry Act

(11) Sells, manufactures, delivers, imports, possesses, or purchases any assault weapon attachment or .50 caliber cartridge in violation of Section 24-1.9* (see drop down) or any explosive bullet.

(13) Carry a billy club, or any other weapon that can be used as a weapon, while inside a government building

(14) Creating, owning, selling, buying, making, importing, transferring or using any tool, accessory, part, kit or combination of parts that is designed to increase the firing speed of a semi-automatic firearm beyond its normal rate of fire

(15) Carry or have an assault weapon or .50 caliber rifle against Section 24-1.9*(see drop down)

(16) Making, selling, buying, importing or possessing an assault weapon or a .50 caliber rifle in violation of Section 24-1.9*(see drop down)

  • *Section 24-1.9 is a provision in the Illinois Compiled Statutes that regulates the possession, manufacture, sale, or transfer of assault weapons and .50 caliber rifles in the state of Illinois. Section 24-1.9 defines an "assault weapon" as a semi-automatic firearm with features such as a detachable magazine and a folding or telescoping stock, and a ".50 caliber rifle" as any rifle designed to fire a .50 caliber or larger cartridge. The section prohibits the possession or sale of these firearms in Illinois, with the exception of law enforcement, military, and licensed firearms dealers.

Sentencing for Unlawful Use of weapons in illinois

  • 24-1(a)(1) Sell, manufacture, purchase, possess, or carry any bludgeons, black-jacks, slung-shots, sand-clubs, sand-bags, metal knuckles, throwing stars, switchblade knives, and ballistic knives

    24-1(a)(2) Possess or carry any dangerous weapon, such as a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle, stun gun, taser, or any other weapon intended to cause harm to another person 

    24-1(a)(2.5) Possess or carry a firearm with the intent to harm in any place of religious worship in Illinois

    24-1(a)(3) Possess, carry, or have in your vehicle a tear gas gun projector, tear gas bomb, or any object containing a harmful liquid, gas, or substance.

    • Exception: it is legal to carry a non-lethal object containing a noxious liquid gas or substance designed solely for personal defense if you are 18 years of age or older

    24-1(a)(4) Possess or carry a firearm in a vehicle or on you, except when you are on your own property, in your home or business, or on someone else's property with their permission

    • Exceptions: You can transport a firearm if it is broken down and not functioning, not immediately accessible, or unloaded and enclosed in a container by someone with a valid Firearm Owner's Identification Card. 

    • Or a person with a valid license under the Firearm Concealed Carry Act can carry or possess a firearm in accordance with that law.

    24-1(a)(5) Sets a spring gun –  setting up a trap or device that is designed to cause a gun or other weapon to discharge when triggered by a person or animal

  • 24-1(a)(10) Carry a pistol, revolver, stun gun, taser, or firearm on public streets, alleys, or other public lands within city limits, unless you are an invitee or carrying it for lawful commerce or display purposes

    • Exception: does not apply to people transporting weapons that are broken down, not easily accessible, or unloaded and enclosed in a case or container, or to people who have a valid Firearm Owner's Identification Card or a valid license under the Firearm Concealed Carry Act

  • 24-1(a)(11) Sells, manufactures, delivers, imports, possesses, or purchases any assault weapon attachment or .50 caliber cartridge in violation of Section 24-1.9 or any explosive bullet.

  • 24-1(a)(13) Carry a billy club, or any other weapon that can be used as a weapon, while inside a government building

  • 24-1(a)(15) Carry or have an assault weapon or .50 caliber rifle against Section 24-1.9

Class A Misdemeanor

  • Subsection 24-1(a)(8) Carry or possess any firearm, stun gun, taser or other deadly weapon in places licensed to sell alcohol, or at public gatherings that require a government-issued license or admission fee

    • Exception: This does not apply to firearm safety training courses or auctions/raffles of firearms with a government-issued permit.

  • Subsection 24-1(a)(9) Hide your identity by wearing a mask or hood while carrying a firearm or ballistic knife in a vehicle or on you

Class 4 felony

  • Subsection 24-1(a)(6) Possess any device designed to silence the sound of a discharged firearm

  • Subsection 24-1(a)(7) Sells, manufactures, purchases, possesses or carries:

    (7ii) A rifle with a barrel length less than 16in, a shotgun with a barrel length less than 18in, or any weapon that was originally a rifle or shotgun but has been modified to have an overall length of less than 26in. This includes weapons that have been altered or modified in any way 

  • Subsection 24-1(a)(7) Sells, manufactures, purchases, possesses or carries:

    (7III) Possess any explosive device or substance, including bombs, grenades, and Molotov cocktails, that contains more than 1/4 ounce of explosive material. This also includes any containers that are designed or intended to hold explosive substances, such as bomb-shells or bottles

  • Subsection 24-1(a)(16) Making, selling, buying, importing or possessing an assault weapon or a .50 caliber rifle in violation of Section 24-1.9

Class 3 felony

*Class 3 felony if convicted of a second or subsequent violation of:

  • Subsection 24-1(a)(4) Possess or carry a firearm in a vehicle or on you, except when you are on your own property, in your home or business, or on someone else's property with their permission

    • Exceptions: You can transport a firearm if it is broken down and not functioning, not immediately accessible, or unloaded and enclosed in a container by someone with a valid Firearm Owner's Identification Card. 

    • Or a person with a valid license under the Firearm Concealed Carry Act can carry or possess a firearm in accordance with that law.

  • Subsection 24-1(a)(8) Carry or possess any firearm, stun gun, taser or other deadly weapon in places licensed to sell alcohol, or at public gatherings that require a government-issued license or admission fee

    • Exception: This does not apply to firearm safety training courses or auctions/raffles of firearms with a government-issued permit.

  • Subsection 24-1(a)(9) Hide your identity by wearing a mask or hood while carrying a firearm or ballistic knife in a vehicle or on you

  • Subsection 24-1(a)(10) Carry a pistol, revolver, stun gun, taser, or firearm on public streets, alleys, or other public lands within city limits, unless you are an invitee or carrying it for lawful commerce or display purposes

    • Exception: does not apply to people transporting weapons that are broken down, not easily accessible, or unloaded and enclosed in a case or container, or to people who have a valid Firearm Owner's Identification Card or a valid license under the Firearm Concealed Carry Act

  • Subsection 24-1(a)(15) Carry or have an assault weapon or .50 caliber rifle against Section 24-1.9

  • Subsection 24-1(a)(2.5) Possess or carry a firearm with the intent to harm in any place of religious worship in Illinois

  • Subsection 24-1(a)(14) Creating, owning, selling, buying, making, importing, transferring or using any tool, accessory, part, kit or combination of parts that is designed to increase the firing speed of a semi-automatic firearm beyond its normal rate of fire

  • *Subsection 24-1(a)(7)(i) Sells, manufactures, purchases, possesses or carries a machine gun

    Subsection 24-1(a)(7)(i) is sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, but it is considered a Class X felony if the weapon is in the passenger compartment of a vehicle or on the person, while the weapon is loaded

Class 2 felony

Location Matters

Felony charges can change depending on the location of the crime

Class 2 Felony

A person who violates subsection 24-1(a)(6) or 24-1(a)(7) on school grounds, in public housing property, in a public park, in a courthouse, on public transportation, or within 1,000 feet of any of these places. The violation is considered a Class 2 felony. The penalty is imprisonment for 3 to 7 years.

Class 3 Felony

A person who violates subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) in a school, public park, courthouse, public transportation facility, or within 1,000 feet of certain residential properties or public facilities, the violation is considered a Class 3 felony.

Class 4 Felony

If a person violates subsection 24-1(a)(1), (a)(2), or (a)(3) within 1,000 feet of a school, public park, courthouse, public transportation facility, or residential property owned or leased by a public housing agency, or within any of these locations, regardless of the time of day or year, they commit a Class 4 felony.

GET IN TOUCH

Being charged with Unlawful Use of a Weapon is a serious crime with sentences ranging from misdemeanor to felonies. Because of the severity of the potential penalties, it is essential to have an experienced criminal defense attorney who can help protect your rights and defend against these charges.

Contact the Criminal Defense Team at Abdallah Law today.