720 ILCS 5/24-3.1 – Unlawful Possession of Firearms and Firearm Ammunition

720 ILCS 5/24-3.1 – Unlawful Possession of Firearms and Firearm Ammunition

This law says that some people are not allowed to have guns or bullets in Illinois.

This law explains who is not allowed to have guns or bullets, such as minors, people with certain past crimes, or certain mental health conditions. It also says what the punishments can be and makes an exception for safe, legal shooting or hunting activities for kids under 18.

(a) A person breaks this law when:

1. They are under 18 years old and have a gun small enough to hide on their body.
2. They are under 21 years old, have been found guilty of a misdemeanor (not a traffic ticket) or found delinquent, and have any gun or bullets.
3. They are addicted to drugs and have any gun or bullets.
4. They have been a patient in a mental hospital in the past 5 years and have any gun or bullets.
   
   “Mental institution” means a place mainly used to treat people with mental illness.
   
   “Patient in a mental institution” means someone admitted there for mental health treatment, unless it was only for alcohol abuse with no other mental illness.
5. They have an intellectual disability and have any gun or bullets.
6. They have a bullet that explodes on contact.
   
   An “explosive bullet” is a bullet with an explosive charge that goes off when it hits a person or animal.
   
   A “cartridge” is the metal case that holds the bullet, powder, and primer together.

(b) Sentence: Having a gun that is not a handgun, or having bullets, is a Class A misdemeanor. Having a handgun is a Class 4 felony. Each gun or set of bullets counts as a separate crime.

(c) This law does not stop people under 18 from taking part in safe and legal shooting or hunting if they follow the rules, such as at a shooting range or while hunting, trapping, or fishing.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.