Aggravated Unlawful Use of a Weapon

Class 4 Felony violations punishable by 1 to 3 years in the state penitentiary:

• – a person commits the offense of aggravated unlawful use of a weapon when he or she carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town any pistol, revolver, stun gun or taser or other firearm and one of the following factors is present:
  • The firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or
  • The firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible at the time of the offense; or
  • The person possessing the firearm has not been issued a currently valid Firearm Owner’s Identification Card; or
  • The person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act for an act that if committed by an adult would be a felony; or
  • The person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
  • The person possessing the weapon had a order of protection issued against him or her within the previous 2 years; or
  • The person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
  • The person possessing the weapon was under 21 years of age and in possession of a handgun, unless the person under 21 is engaged in lawful activities under the Wildlife Code or Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges, of if they are hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing, and do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges
• – If the firearm possessed was uncased, loaded and immediately accessible at the time of the offense and the person possessing the firearm has not been issued a currently valid Firearm Owner’s Identification Card then it is a non-probationable Class 4 Felony.
• – This law does not apply to or affect the transportation or possession of weapons that are broken down in a non-functioning state; or are not immediately accessible; or are 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.

Class 2 Felony Violations punishable by 3 to 7 years in the State penitentiary:

• – If a person has any previous felony conviction then the violation is a non-probationable Class 2 felony.

Class X Felony Violations punishable by 6 to 30 years in the State penitentiary:

• – 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.