Illinois Reckless Discharge of a Firearm

The Law – 720 ILCS 5/24-1.5

A person commits Reckless Discharge of a Firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual.

While Illinois has a law which prohibits an individual from knowingly discharging a firearm in certain prohibited circumstances, Illinois also outlaws the reckless discharge of a firearm. A person is reckless when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow and that “disregard of the risk” constitutes gross deviation from the standard of care that a reasonable person would exercise.

For instance, firing a weapon into the air for celebratory reasons would most likely amount to recklessness. This is because a reasonably prudent person would expect that a bullet fired into the air would fall back down and possibly injure an individual and, as a result, would refrain from such action.

Additionally, the Reckless Discharge of a Firearm law includes individuals who do not fire the weapon personally. A driver who has knowledge that a passenger in his vehicle plans on committing the discharging of a firearm and consents to it, can be accountable and be convicted just as the individual who actually fires the weapon.

The Sentence

  • Class 4 Felony
  • 1 to 3 years in state prison
  • Fine up to $25,000

Probation Possible? Yes.

Supervision Possible? No.

The latest from our blog...

Are Pedestrian Accidents Overlooked?

Most of us have some first-hand knowledge of car accidents since these types of accidents happen all the time. Many of us have not been involved in a pedestrian accident, ...


Warrantless Blood Draws and DUI

In Illinois, a DUI arrest can occur not only when an officer believes that someone is driving under the influence of alcohol, but a DUI arrest can occur when an ...


Commercial Driver’s License and Moving Violations in Illinois

When a Commercial Driver’s License (CDL) holder is ticketed for any offense in the State of Illinois, havoc can ensure regarding that individual’s ability to provide financial support for themselves ...


Successful Cases

More Settlements

James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005