Illinois Disarming a Peace Officer or Correctional Institution Employee

The Law – 720 ILCS 5/31-1a

A person commits the offense of Disarming a Peace Officer or Correctional Institution Employee when they knowingly disarm a peace officer or correctional institution employee, known to them to be a peace officer or correctional institution employee, while the peace officer or correctional institution employee is engaged in the performance of their official duty by taking, without the peace officer’s or correctional institution employee’s consent, a firearm:

  1. From the person of the peace officer or correctional institution employee

  2. OR

  3. From an area within the peace officer’s immediate presence or correctional institutional employee.

The Disarming of a Peace Officer or Correctional Institution Employee not only prohibits the actual, physical removal of weapons from the body of a peace officer or correctional employee, but also prohibits the removal of their weapons even when not on their person. For instance, if a police officer removed his utility belt and placed it on a counter next to him, and an individual removes the officer’s weapon from the belt, that individual can still be charged with, and convicted of, Disarming a Peace Officer or Correctional Institution Employee. The law requires, however, that the peace officer or correctional institution employee be acting in the scope of his or her official duties.

The Sentence

CLASS 1 FELONY

  • 4 to 15 years in state prison
  • Fine of up to $25,000

Probation Possible? – Yes.

Supervision Possible? – No.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005