Firearm Possession Laws in Illinois – A Helpful Guide
Firearm laws can be super confusing, am I right? There’s like a million diffrent charges for possessing guns and other weapons in Illinois. Let’s break it down so you can actually understand it.
First off, it’s illegal in Illinois for someone to possess a gun if they’re a convicted felon. That makes sense – we don’t want dangerous criminals running around with weapons. But there’s actually a bunch of diffrent felony firearm charges depending on the situation.
Possession of a Firearm by a Felon
In Illinois, it’s a Class 3 felony for a convicted felon to possess any kind of firearm, even if it’s not loaded. The penalty is usually 2-5 years in prison. Here’s a typical example:
Bob was convicted of felony burglary 5 years ago. Yesterday, cops found a pistol under the seat of his car during a traffic stop. Now Bob is facing a Class 3 felony for possessing a firearm as a felon.
Armed Habitual Criminal
This charge is more serious – it’s a Class X felony punishable by 6-30 years imprisonment. To be charged as an Armed Habitual Criminal, the felon must have at least 2 prior convictions for certain serious offenses like robbery, burglary, and drug trafficking. Here’s an example:
Jim has prior convictions for armed robbery and felony drug distribution. Last month, he was caught carrying a loaded handgun on the street. Jim was charged as an Armed Habitual Criminal for possessing a firearm.
Unlawful Use of a Weapon by a Felon
There’s also a specific Class 3 felony charge for when a felon possesses a firearm and is engaged in drug dealing. It’s punishable by 2-10 years imprisonment. For example:
Tyrone is a convicted felon who was arrested for selling crack cocaine out of his car. When cops searched the car, they found a loaded pistol under the driver’s seat. Tyrone was charged with Unlawful Use of a Weapon by a Felon.
Possession of a Stolen Firearm
Under Illinois law, it’s illegal for anyone (not just felons) to possess a firearm they know is stolen. This is a Class 2 felony punishable by 3-7 years imprisonment. For example:
Ashley bought a pistol from a guy she met behind a liquor store. Turns out the gun was stolen. When Ashley got caught with it, she was charged with Possession of a Stolen Firearm.
Defaced Firearm Possession
It’s also illegal for anyone to possess a firearm with removed or defaced serial numbers. This is charged as a Class 3 felony punishable by 2-5 years imprisonment. Here’s an example of how it could happen:
Carlos filed down the serial number on his pistol so it couldn’t be traced. When police found the defaced gun in his car, Carlos was charged with Defaced Firearm Possession.
Firearm Possession Without a FOID Card
In Illinois, you need a Firearm Owners Identification (FOID) card to legally possess guns or ammo (even in your own home). Possessing guns or ammo without a FOID card is a Class A misdemeanor punishable by up to 1 year in jail.
For example, let’s say police found a handgun in Megan’s house and she didn’t have a FOID card. She could be charged with Possession of a Firearm Without a FOID Card.
Is There Any Legal Defense?
There are some possible defenses in firearm possession cases. For example, you could argue the gun wasn’t actually yours – like if police found a gun in your roommate’s room. Or you could argue you didn’t know the gun was defaced or stolen. But in general, these charges are hard to fight.
The bottom line is that Illinois takes firearm possession very seriously, especially for convicted felons or people with a criminal history. Make sure you know the laws before buying, selling, or even holding someone else’s gun.
Stay safe out there!