Illinois Aggravated Possession of a Stolen Firearm

The Law – 720 ILCS 5/24-3.9

A person commits Aggravated Possession of a Stolen Firearm when he or she:

  1. Not being entitled to the possession of not less than 2 and not more than 5 firearms, possesses those firearms at the same time or within a one-year period, knowing the firearms to have been stolen or converted; or

  2. Not being entitled to the possession of not less than 6 and not more than 10 firearms, possesses those firearms at the same time or within a 2-year period, knowing the firearms to have been stolen or converted; or

  3. Not being entitled to the possession of not less than 11 and not more than 20 firearms, possesses those firearms at the same time or within a 3-year period, knowing the firearms to have been stolen or converted; or

  4. Not being entitled to the possession of not less than 21 and not more than 30 firearms, possesses those firearms at the same time or within a 4-year period, knowing the firearms to have been stolen or converted; or

  5. Not being entitled to the possession of more than 30 firearms, possesses those firearms at the same time or within a 5-year period, knowing the firearms to have been stolen or converted.

In Illinois, if an individual is limited to a certain number of firearms, and is found to be in possession of stolen firearms exceeding that amount, then strict sentencing will follow any conviction under the Aggravated Unlawful Possession of a Stolen Firearm law, as illustrated below. However, a key element to the offense is that the possessor must have known, or should have known, that the firearm was stolen or otherwise converted. A judge or jury may infer that a person in possession of a firearm knew it was stolen if the serial number on a weapon was removed or altered.

The Sentence

If (1) above, then:

  • Class 1 Felony
  • 4 to 15 years in state prison
  • Fine up to $25,000

If (2) above, then:

  • Class X Felony
  • 6 to 30 years in state prison
  • Fine up to $25,000

If (3) above, then:

  • Class X Felony
  • 6 to 40 years in state prison
  • Fine up to $25,000

If (4) above, then:

  • Class X Felony
  • 6 to 50 years in state prison
  • Fine up to $25,000

If (5) above, then:

  • Class X Felony
  • 6 to 60 years in state prison
  • Fine up to $25,000

Probation Possible? Yes, on Class 1 Felony

Supervision Possible? No.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

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