Can Felons Possess Firearms or Ammunition in Illinois?

Generally, No. Illinois’ Unlawful Use or Possession of Weapons by Felons law states that “it is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction.” 720 ILCS 5/24-1.1.

When Can Felons Legally Possess Firearms in Illinois?

If you submitted an application for a FOID and were denied, then you can appeal that denial. Sometimes your appeal will be to the Firearm Owner’s Identification Card Review Board, and other times the appeal will be to the circuit court. If you win the appeal and are issued a FOID card under 430 ILCS 65/10, then the prohibition on felons possessing firearms does not apply to you.

What does “possess” mean in the unlawful possession of a weapon by a felon statute?

Possession may be actual or constructive. If the gun is in your pocket, then that is “actual” possession. “A person has actual possession when she has immediate and exclusive control over a thing.” If you have money in your bank account, then that is “constructive” possession. You know that the money exists, and you have a bank card that gives you access to that money. “A person has constructive possession when she lacks actual possession of a thing but she has both the power and the intention to exercise control over a thing either directly or through another person.” Illinois Pattern Jury Instruction 4.16.

How can they charge me with Unlawful Possession of a Weapon by a Felon if it is not my gun? Will the case get dismiss if the gun belonged to someone else?

The crime is not that you “owned” the gun. The crime is that you had the gun in your possession. It is not a defense to possession of a gun that you did not own it. So, saying that the gun belong to your brother, cousin, or friend will still result in you being charged with the gun.

Do I need a lawyer?

Yes, because you should be represented by an attorney on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. Especially with offenses like this one that involves a mandatory prison sentence.

Is Unlawful Use or Possession of a Weapon by a Felon (UUW-Felon or UPW-Felon) a misdemeanor or a felony?

Unlawful Possession of a Weapon by a Felon is a felony. 720 ILCS 5/24-1.1(e). A felony is a crime that is punishable by more than 1 year of imprisonment.

What level of felony is Unlawful Possession of a Weapon by a Felon?

Generally, Unlawful Possession of a Weapon by a Felon is a class 3 felony. 720 ILCS 5/24-1.1(e). However, if you were actively on Mandatory Supervised Release (parole) when you picked up this charge, then this charge would be a class 2 felony. Unlawful Possession of a Weapon by a felon can also be a class 2 felony if you have a prior conviction for any of these offenses in your criminal background:

• Any Forcible Felony;
• Any Felony Gun Crime;
• Stalking or Aggravated Stalking; or
• Any Class 2 or Greater Drug Crime.

Can I go to Prison? What Is the Sentencing Range?

Besides being a mandatory prison sentence, every Unlawful Use or Possession of a Weapon by a Felon conviction is subjected to the extended sentencing range automatically. That means mean if you are charged with the Class 3 Felony of UUW-Felon, then your sentencing range is 2 to 10 years in the Illinois Department of Corrections. If you are charged with the Class 2 Felony of UUW-Felon, then your sentencing range is 3 to 14 years in the Illinois Department of Corrections. 720 ILCS 5/24-1.1(e).

Can I get probation or is prison mandatory (non-probationable)?

No. Unlawful Possession of a Weapon by a Felon is a mandatory prison case. 720 ILCS 5/24-1.1(e).

Can I Get Court Supervision?

No. Court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c).

When does Unlawful Possession of a Weapon by a Felon have a Mandatory Sentence of 7 to 14 years in prison?

If you have a prior felony gun conviction, in most cases your sentencing range for Unlawful Use or Possession of a Weapon by a Felon is 7 to 14 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-110. Prior “felony gun conviction” means any of the offenses on the following list:

• Aggravated unlawful use of a weapon;
• Unlawful use or possession of a weapon by a felon;
• First degree murder;
• Attempted first degree murder with a firearm;
• Aggravated kidnapping with a firearm;
• Aggravated battery with a firearm;
• Aggravated criminal sexual assault;
• Predatory criminal sexual assault of a child;
• Armed robbery;
• Vehicular hijacking;
• Aggravated vehicular hijacking;
• Home invasion with a firearm;
• Aggravated discharge of a firearm;
• Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm;
• Unlawful use of firearm projectiles;
• Manufacture, sale, or transfer of bullets or shells represented to be armor piercing bullets, dragon’s breath shotgun shells, bolo shells, or flechette shells;
• Unlawful sale or delivery of firearms;
• Unlawful discharge of firearm projectiles;
• Unlawful sale or delivery of firearms on school premises of any school;
• Unlawful purchase of a firearm;
• Use of a stolen firearm in the commission of an offense;
• Possession of a stolen firearm;
• Aggravated possession of a stolen firearm;
• Gunrunning;
• Defacing identification marks of firearms; or
• Armed violence

Of note, the gun crimes that are not on this list are Class 3 felony violations of the FOID Act. 430 ILCS 65/2. WARNING: This sentencing law expired on January 1, 2024. 730 ILCS 5/5-4.5-110. As of January 1, 2024, the mandatory 7 to 14 years IDOC does not apply, but the mandatory 3 to 14 years IDOC does apply.

What Percentage of Your Prison Sentence Do You Serve for Unlawful Use or Possession of a Weapon by a Felon?

Violations of the Unlawful Use or Possession of a Weapon by a Felon is a 50% sentence. Illinois’ Truth-In-Sentencing law states that: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So if you received the imprisonment term of 8 years in the Illinois Department of Corrections, the most you would actually serve is 4 years assuming you do not receive any other credits.

Do I qualify for First Time Weapon Offender Probation under 730 ILCS 5/5-6-3.6 if I am charged with Unlawful Use or Possession of a Weapon by a Felon?

Sorry, you do not qualify for First Time Weapon Offender Program. That program is only for class 4 felony under the UUW or Agg UUW statute. UPW-Felon is a class 3 felony at minimum. WARNING: This law is scheduled to end on January 1, 2023. By the time you read this, the program may no longer be available.

Do I qualify for TASC probation if I am charged with Unlawful Use or Possession of a Weapon by a Felon?

Unfortunately, you do not qualify for TASC probation because UPW-Felon is non-probationable. 720 ILCS 5/24-1.1(e).

How to Keep an Unlawful Possession of a Weapon by a Felon Conviction off Your Record?

There are several ways to keep a UPW-Felon conviction off your criminal record. Here are some of those ways:

How to win at a trial?

Challenge that you “possessed” the firearm. At trial, the State must show that you knowingly possessed the gun. It is not enough that you were near the location where the gun was found. The State must present evidence that you knew the gun was there. Challenging whether the State can prove that you possessed the gun that they recovered is one way to beat a gun possession charge.

Self-Defense and/or Necessity. If you do not have a FOID or Conceal Carry license, and you momentarily grabbed a gun for the purposes of self-defense, then you should take a look at a recent court case captioned People v. Crowder, 2018 IL App (1st) 161226. In that case, 3 individuals attacked the defendant and the defendant’s father. The defendant grabbed his father’s gun and shot up in the air to scare the 3 assailants and to buy time and get away. The police ended up charging the defendant with Agg. UUW. The Appellate Court overturned the conviction, holding that both self-defense and necessity are valid defenses to unlawful possession of gun cases. Another good case on this issue is People v. Gullens, 2017 IL App (3d) 160668.

How to win at a motion?

If there was some issue with the recovery of evidence in your case, a motion to suppress might be the solution. A criminal defense attorney can challenge the lawfulness of police conduct. If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper search. This could result in a dismissal of your case.

How to Keep a Conviction off Your Record through Diversion or Deferred Prosecution Programs?

Many counties have diversion or deferred prosecution programs which are alternatives to the criminal justice system. Essentially, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the case that brought you to court would be dismissed. You probably will not be offered deferred prosecution on this case, but if the opportunity were somehow presented, that would be a very good resolution.

How to Keep a Conviction off Your Record through a Plea Agreement (Reduction on the Charge)?

Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” A reduction from a felony gun charge to a misdemeanor violation of the FOID Act is a very good disposition. If you have a prior gun case, pleading guilty to the ammunition instead of the gun could get you below the mandatory 7 to 14 sentencing range for the second gun offense.

Other Firearm Guides

If you are looking for information about:

• FOID Act Violation cases, then check out our guide to FOID Act Violation cases in Illinois.
• Aggravated Unlawful Use of a Weapon, then check out our guide to Aggravated Unlawful Use of a Weapon cases in Illinois.
• Armed Habitual Criminal, then check out our guide to Armed Habitual Criminal cases in Illinois.
• Armed Violence, then check out our guide to Armed Violence cases in Illinois.

Hire Illinois Unlawful Possession of a Weapon by a Felon Lawyer Clyde Guilamo

I offer this Illinois Unlawful Use or Possession of a Weapon by a Felon guide as free legal education. #notlegaladvice. If you found this article helpful, then leave us a review on Google! And if you have specific questions about your case, give me a call.