Weapons Categories Under Illinois Law
Weapons offenses are taken very seriously under Illinois law. The possession, use, and discharge of weapons can lead to felony charges with severe penalties. To understand weapons charges, it is important to look at how Illinois classifies different types of weapons under the law.
Overview of 720 ILCS 5/33A-1
720 ILCS 5/33A-1 is part of the Illinois Criminal Code that defines weapons categories for the purposes of “armed with a dangerous weapon” charges like armed violence. Under this statute, weapons are classified into three categories:
- Category I
- Category II
- Category III
The category determines how severely a weapons charge will be penalized under Illinois law. So it is critical to understand what kind of weapons fit into each category.
Category I Weapons
Category I weapons are considered the most dangerous under Illinois law. If you commit a felony while armed with a Category I weapon, you will face the harshest penalties.
Category I weapons include:
- Handguns
- Sawed-off shotguns
- Sawed-off rifles
- Any firearm small enough to be concealed on the person
- Semiautomatic firearms
- Machine guns
The key factor uniting Category I weapons is that they are all firearms. And they tend to be firearms that are easily concealed and capable of rapid fire. So the legislature views them as posing the greatest risk to public safety.
Category II Weapons
Category II encompasses a broader range of dangerous weapons beyond just firearms.
Category II weapons include:
- Rifles
- Shotguns
- Spring guns
- Other firearms not already covered in Category I
- Stun guns
- Tasers
- Knives with a blade of at least 3 inches
- Daggers
- Dirks
- Switchblades
- Stilettos
- Axes
- Hatchets
- Other deadly or dangerous weapons like them
So Category II covers rifles and shotguns that don’t qualify as “sawed-off” to be in Category I. It also covers a variety of other weapons like knives, axes, and blunt objects that can be used to seriously injure or kill someone.
Category III Weapons
Finally, Category III encompasses less conventionally dangerous weapons like clubs and brass knuckles. Specifically, Category III weapons include:
- Bludgeons
- Blackjacks
- Slungshots
- Sandbags
- Sandclubs
- Metal knuckles
- Billies
- Other similar weapons
These are not firearms, knives, or axes. But they could still be used to beat or bludgeon someone. So the legislature wanted a category for these less lethal but still dangerous weapons.
Sentencing Implications
Why does the weapon category matter so much? Because the category of weapon can dramatically affect the sentence for a weapons felony conviction.
For example, armed violence with a Category I weapon is a Class X felony with a minimum 15 year sentence.
But armed violence with a Category III weapon is only a Class 2 felony, with a sentencing range of 3-7 years in prison.
So properly categorizing the weapon is crucial. Prosecutors will argue for the most severe categorization possible, while the defense will argue for the least severe category supported by the facts. Small differences in the weapon can mean years of prison time.
Other Relevant Statutes
720 ILCS 5/33A-1 does not stand alone. Other related statutes also depend on weapon categories and enhance penalties based on the type of weapon involved.
For example, under 720 ILCS 5/33A-2, armed violence can be charged for committing any felony while armed with a dangerous weapon. And 720 ILCS 5/33A-3 lays out sentencing guidelines based on the category.
Meanwhile, charges like aggravated discharge of a firearm (720 ILCS 5/24-1.2) and aggravated unlawful use of a weapon (720 ILCS 5/24-1.6) also carry enhanced penalties for offenses involving more dangerous firearms. The legislature essentially created a sliding scale of punishment based on the weapon.
Constitutional Challenges
There have been some constitutional challenges to the armed violence statutes and the weapon category definitions over the years.
In 2008, Public Act 88-680 amended the armed violence statutes to include certain drug offenses as potential predicate felonies. But the Illinois Supreme Court struck this down as unconstitutional in People v. Hauschild. The Court said the legislature violated the state constitution’s single subject rule by bundling that change with other unrelated amendments.
However, the Illinois General Assembly responded by reenacting the weapon category definitions and the core of the armed violence statute in Public Act 91-404. The definitions in 720 ILCS 5/33A-1 and the offense definitions in 720 ILCS 5/33A-2 have survived subsequent constitutional scrutiny.
Federal Gun Laws
It’s also important to note that federal gun laws may apply in addition to state laws on weapon categories and sentences.
Under 18 U.S.C. 922(g), it is generally illegal for a convicted felon to possess any kind of firearm or ammunition that has traveled in interstate commerce. And federal law has its own categories of restricted weapons that may differ somewhat from Illinois law.
So prosecutors can sometimes bring charges under both federal and state law when a weapon is involved in criminal activity. That exposes defendants to the strictest penalties and broadest definitions under both regimes.
Consulting an Attorney
Weapons charges should always be taken very seriously in Illinois. The specific type of weapon involved can drastically impact the potential criminal penalties
.If you or a loved one have been charged with a weapons offense, consult an experienced criminal defense attorney immediately. An attorney can carefully analyze the charges and facts to build the strongest defense possible under the circumstances. This can help secure the most favorable outcome in terms of preserving your freedom. Don’t leave the fate of your case up to chance – protect yourself with strong legal counsel.