720 ILCS 5/24-1.8 – Unlawful Possession of a Firearm by a Street Gang Member
This law makes it illegal for a street gang member to have a gun or ammo in public without a valid Firearm Owner’s ID card.
This Illinois law says that if someone belongs to a street gang and has a gun or ammunition in public without a valid Firearm Owner’s ID card, they can be charged with a serious crime. The punishment includes time in prison and no chance for probation if the gun was loaded.
(a) A person breaks this law when he or she knowingly does either of these things:
- Has, carries, or hides a gun and ammunition on their body while out on any street, sidewalk, alley, or other public area (not inside their home or business), does not have a valid Firearm Owner’s ID card, and is a member of a street gang.
- Has or carries in a vehicle a gun and ammunition that can be quickly reached while on any street, road, alley, or other land (not inside their home or garage), does not have a valid Firearm Owner’s ID card, and is a member of a street gang.
(b) Sentence: This crime is a Class 2 felony. If someone is found guilty, they must go to prison for at least 3 years and up to 10 years. They cannot get probation, periodic imprisonment, or conditional discharge if the gun was loaded or had ammunition. The court must give at least the minimum prison time allowed for this kind of felony.
(c) Definitions for this section:
- “Street gang” or “gang” means the same thing as defined by Illinois law in another section about street gang crimes.
- “Street gang member” or “gang member” means a person who is part of a street gang, as defined by that same law.
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