Understanding Illinois’ Aggravated Unlawful Use of a Weapon Law (720 ILCS 5/24-1.6)
In Illinois, the crime of aggravated unlawful use of a weapon (also called “Agg. UUW”) is governed by statute 720 ILCS 5/24-1.6. This law makes it illegal to possess a firearm in public in certain circumstances. Let’s break down the key parts of this law so Illinois residents can understand when they might be violating it.
The Basics of 720 ILCS 5/24-1.6
Under 720 ILCS 5/24-1.6, it is illegal for an individual to carry or possess a firearm in public in Illinois if both of the following conditions are met:
- The individual possesses the firearm outside of their own land, abode, or fixed place of business (with some exceptions like being on someone else’s property as an invited guest)
- One of the “aggravating factors” listed in the law is present
These aggravating factors include things like having the firearm uncased and loaded, lacking a valid Firearm Owner’s ID (FOID) card, or possessing the firearm while committing another crime. We’ll explore these in more detail later.
If both of the above conditions are met, the individual has committed the Class 4 felony of aggravated unlawful use of a weapon. Penalties can include 1-3 years in prison.
Where You Can Legally Carry a Firearm in Illinois
The first condition for being charged with Agg. UUW is possessing a firearm in public, outside of certain exempted locations. Under 720 ILCS 5/24-1.6, the following are places where you can legally possess a firearm in Illinois:
- On your own land or in your abode/home
- In your fixed place of business (like an office building)
- On someone else’s land or in their legal dwelling, if you are an invited guest and have their permission
So if you possess a firearm on your own property, in your home, or at your office, you are not violating the first condition of 720 ILCS 5/24-1.6. Certain other locations may be exempt too, but those are the most common lawful places listed in the statute.
Aggravating Factors That Can Lead to Charges
Even if you possess a firearm outside of the exempted locations, you can only be charged with Agg. UUW if one of the following “aggravating factors” is also present:
- The firearm was uncased, loaded, and immediately accessible
- The firearm was uncased, unloaded but ammunition was immediately accessible
- You lacked a valid FOID card, regardless of whether the firearm was loaded
- You were under 21 years old
- You were subject to an active order of protection
- You were engaged in a misdemeanor involving violence or threats
- You were involved in drug-related offenses
So for example, if you had an unloaded firearm in public but lacked any ammunition, you would not be charged with Agg. UUW since none of the aggravating factors would apply. The presence of one of these factors is required in addition to simple possession outside exempted locations.
Penalties and Sentencing for Agg. UUW Convictions
If convicted of aggravated unlawful use of a weapon, penalties can include:
- Class 4 felony for first offense – 1-3 years in prison
- Class 2 felony for repeat offense – 3-7 years in prison
- Fines up to $25,000
- Mandatory supervised release term after prison
Sentences can also include probation or conditional discharge in lieu of incarceration. Firearms possessed illegally may be seized and destroyed by authorities as well.
Defenses That Can Apply to Agg. UUW Charges
If you have been charged with violating 720 ILCS 5/24-1.6, there are certain defenses that your criminal defense attorney may raise on your behalf to fight the charges. Some potential defenses include:
- You had no knowledge the firearm was present – If the firearm was discovered somewhere you didn’t know about (like your spouse’s car), you cannot be convicted of possessing it.
- The firearm was broken/inoperable – If the firearm you possessed could not actually fire, you may not have violated the law.
- You had a valid FOID card – If you can show you had an active FOID card, this may negate that particular aggravating factor.
- Unlawful search and seizure – If police performed an illegal search to find the firearm, the evidence may be suppressed.
An experienced defense lawyer can evaluate the details of your case and determine if any of these defenses could apply to your situation.
Restrictions for Medical Cannabis Patients
There are also special restrictions on firearm possession for medical cannabis patients in Illinois. Under the Compassionate Use of Medical Cannabis Program Act, registered medical cannabis patients are prohibited from possessing firearms and ammunition. There are exceptions for certified law enforcement officers, correctional officers, members of the armed forces, and holders of valid FOID cards issued prior to the medical cannabis law taking effect in 2013. But in general, medical cannabis patients found in possession of firearms can face charges for violating state and federal law.
Recent Challenges to 720 ILCS 5/24-1.6
In recent years, there have been legal challenges to the constitutionality of Illinois’ aggravated unlawful use of a weapon statute. Critics have argued that the law violates Second Amendment rights by preventing law-abiding citizens from carrying firearms for self-defense. However, courts have largely upheld the constitutionality of 720 ILCS 5/24-1.6 and similar laws, provided they do not amount to a complete ban on firearm possession.
That said, aspects of the law are still being debated and litigated. For example, in 2019 an Illinois judge ruled the provision banning under-21s from possessing handguns was unconstitutional, though that ruling was later overturned on appeal. So while 720 ILCS 5/24-1.6 remains in effect, some portions face ongoing legal disputes.
How to Comply with Illinois’ Firearm Laws
To avoid running afoul of Illinois’ laws on unlawful use of weapons, it’s important to familiarize yourself with the requirements of statutes like 720 ILCS 5/24-1.6. Some tips for staying compliant include:
- Always keep firearms properly cased, unloaded, and without immediately accessible ammunition when in public
- Ensure you have an active FOID card if possessing a firearm
- Avoid possessing firearms if you are under 21
- Know where you can and cannot legally carry firearms in Illinois
- Seek training on safe handling, transport, and storage of firearms
Additionally, be aware that Illinois has bans on assault weapons, .50 caliber rifles, and high capacity magazines that apply regardless of FOID status. Consult an attorney if you have any questions on whether your firearms comply with state laws.
While Illinois does impose certain restrictions on lawful firearm possession, by understanding statutes like 720 ILCS 5/24-1.6, you can possess and use guns in compliance with state laws and avoid charges for aggravated unlawful use of a weapon.