Gun Crimes In Illinois

Firearm Offenses and Gun Crimes In Illinois

Firearm offenses stretch the gambit from violent offenses to registration and licensing issues. Regardless, gun crimes often carry with them mandatory prison sentences and are punished severely. Many gun offenses are grouped together as unlawful use of a firearm and possession of firearm by a felon which also includes possession of ammunition. Even more serious offenses include unlawful discharge of a firearm, armed habitual criminal, and gun running.

Illinois requires gun owners to possess a firearm owner’s identification card (FOID card) to possess a firearm and a concealed carry license to carry the firearm outside of your home or place of business. Many people run afoul of these firearm licensing laws based upon a technical violation. Violation of these licensing laws can not only result in criminal liability but it can also result in losing your Second Amendment rights or having to petition for restoration of your firearm ownership rights.

Aggravated Discharge of a Firearm

Aggravated discharge of a firearm codified at 720 ILCS 5/24-1.2 prohibits the knowing and intentional firing of a gun in the direction of certain types of places or certain groups of people. Often times an aggravated discharge of a firearm accompanies other serious violent offense such as murder, attempt murder, aggravated battery, or other violent offenses. A person is guilty of aggravated discharge of a firearm occurs when a person knowingly or intentionally fires a gun at a building the person reasonably should know to be occupied; fires a gun at a law enforcement officer or the officer’s vehicle, at an EMT personnel or an EMT vehicle, at a school teacher while the teacher is on school property, or at an emergency worker or the worker’s vehicle.

Aggravated discharge of a firearm can either be a Class 1 felony or a Class X offense depending on which section was violated. Regardless, the sentence for an aggravated discharge of a firearm often includes mandatory minimum sentences.

Aggravated discharge of a firearm can either be a Class 1 felony or a Class X offense depending on which section was violated. Regardless, the sentence for an aggravated discharge of a firearm often includes mandatory minimum sentences.

Unlawful Use Of A Weapon

The unlawful use of a weapon (UUW) laws in Illinois are found at 720 ILCS 5/24-1. The UUW laws in Illinois prohibit 12 different types of conduct. All 12 of the prohibited actions under the unlawful use of a weapon statue forbid knowing violations of the UUW laws. Therefore, a defense to all unlawful use of a weapon charges in Illinois is that the actions of the defendant were unknowingly made.

The Illinois unlawful use of a weapon statute prohibits the following behavior:

The potential sentences available following a conviction for an unlawful use of a weapon violation vary from a Class A misdemeanor all the way up to a non-probationable Class X offense. The sentence for an unlawful use of a weapon conviction vary depending on the offender’s criminal background, which of the 12 UUW laws was violated, and the location where the UUW violation occurred.

Armed Habitual Criminal

The Illinois Armed Habitual Criminal statute is a severely punished gun crime. Interestingly, the crime does not necessarily punish the unlawful use of a weapon like the UUW laws; instead, the armed habitual criminal severely punishes repeat offenders and not necessarily repeat gun offenders.

The armed habitual criminal laws prohibit any person from receiving, selling, possessing, or transferring any firearm after having been previously convicted of a total of two or more times any combination of the following offenses:

  • A forcible felony
  • Unlawful use of a weapon by a felon; aggravated unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm.
  • Any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher.

The sentence for an armed habitual criminal is a non-probationable Class X offense.

All 12 of the prohibited actions under the unlawful use of a weapon statue forbid knowing violations of the UUW laws. If you or your loved one has been subjected to such accusation, call us today!

Jaleel Law P.C.

1550 Spring Road, Suite 120

Oak Brook, Illinois  60523

United States (US)

Phone: 630-360-2LAW (2529)
Fax: 630-504-2107
Email: info@defenseadvocates.com

Areas We Serve

Centrally located in Du Page County we represent clients in trial and appellate courts throughout Illinois including the counties of Cook County, Du Page County; Will County, and Kane County. We have won on behalf of clients at the Daley Center; 26th and California; Bridgeview; Skokie; Rolling Meadows; Maywood; Markham; and all the branch courts in Chicago; and the Northern District of Illinois along with all five Illinois Appellate Courts and the federal circuit court of appeals.