720 ILCS 5/24-1.1 – Unlawful Possession of Weapons by Felons or Persons in Department of Corrections Custody
This law says that people who were convicted of a felony or are in prison cannot have guns or ammunition.
This Illinois law makes it illegal for felons or people in prison to have or carry guns, bullets, or other illegal weapons. It also explains the punishments for breaking the law, which depend on the situation and the type of weapon.
(a) It is against the law for anyone who was found guilty of a felony to have a gun, bullets, or any illegal weapon at home, at work, on their land, or anywhere on their person. This rule does not apply if the Illinois State Police have officially allowed the person to have a gun again.
(b) Anyone imprisoned in an Illinois Department of Corrections prison cannot have a gun, bullets, or any illegal weapon, no matter their reason.
(c) A person in prison can only have a weapon if the Department of Corrections has clearly said it is allowed by rule or order.
(d) Someone charged with this crime for having a weapon in prison cannot use “necessity” as an excuse, meaning they cannot say they had no choice.
(e) Sentence: The punishments for breaking this law depend on the person’s situation:
If the person is not in prison, it is a Class 3 felony, with a sentence between 2 and 10 years in prison.
If the person has broken this law before, it is a Class 2 felony, with a sentence between 3 and 14 years.
If the person has a past conviction for a violent felony, a gun crime, stalking, or a major drug crime, it is a Class 2 felony, with 3 to 14 years in prison.
If the person is on parole or supervised release, it is a Class 2 felony, with 3 to 14 years in prison.
If the person illegally has a machine gun while not in prison, it is a Class X felony.
If the person is in prison and has an illegal weapon, it is a Class 1 felony.
If the person in prison has a gun, bullets, or explosives, it is a Class X felony with 12 to 50 years in prison if the weapon is a machine gun.
If the person has a gun while wearing or carrying body armor, it is a Class X felony, with 10 to 40 years in prison.
There can be exceptions to some of the penalties, if certain special circumstances apply.
Each gun or set of bullets a person illegally has counts as a separate violation.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
