Illinois Unlawful Use of a Weapon

The Law – 720 ILCS 5/24-1

A person commits unlawful use of weapon when the person, knowingly:

  1. Sells, manufactures, purchases, possesses or carries any:

    • bludgeon
    • black-jack
    • slung-shot
    • sand-club
    • sand-bag
    • metal knuckles or other knuckle weapon
    • throwing star
    • any knife, commonly referred to as a switchblade knife
    • a ballistic knife; or

  2. Carries or possesses with intent to use the same unlawfully against another, a:

    • dagger
    • dirk
    • billy
    • dangerous knife
    • razor
    • stiletto
    • broken bottle or other piece of glass
    • stun gun or taser or the like; or

  3. Carries on or about his person or in any vehicle, a:

    • tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or;

  4. Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any:

    • pistol
    • revolver
    • stun gun or taser
    • or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
      • are broken down in a non-functioning state; or
      • are not immediately accessible; or
        are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or

  5. Sets a spring gun; or

  6. Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or

  7. Sells, manufactures, purchases, possesses or carries:

    • a machine gun;
    • any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or
    • any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or

  8. Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.

    This subsection (a)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or

  9. Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

  10. Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

    1. are broken down in a non-functioning state; or
    2. are not immediately accessible; or
    3. are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or

  11. Sells, manufactures or purchases any explosive bullet; or

  12. Carries or possesses on or about his or her person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon.

IT IS A CLASS A MISDEMEANOR TO VIOLATE THE FOLLOWING SECTIONS:

  • (a)1
  • (a)2
  • (a)3
  • (a)4
  • (a)5
  • (a)10
  • (a)11
  • (a)13

364 DAYS IN COUNTY JAIL

PROBATION POSSIBLE – YES

SUPERVISION POSSIBLE - YES

IT IS A CLASS 4 FELONY TO VIOLATE THE FOLLOWING SECTIONS:

  • (a)8
  • (a)9

1-3 YEARS IN PRISON

PROBATION POSSIBLE - YES

IT IS A CLASS 3 FELONY TO VIOLATE THE FOLLOWING SECTIONS:

  • (a)6
  • (a)7 (ii)
  • (a)7 (iii)

2-5 YEARS IN PRISON

PROBATION POSSIBLE - YES

A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF SECTIONS:

  • (a)4
  • (a)8
  • (a)9
  • (a)10

CLASS 3 FELONY – 2-5 YEARS

PROBATION POSSIBLE - YES

 

IT IS A CLASS 2 FELONY TO VIOLATE THE FOLLOWING SECTION:

  • (a)7(i)

MANDATORY PRISON: 3-7 YEARS

NO PROBATION

BUT IF THE WEAPON IS POSSESSED IN THE PASSENGER COMPARTMENT OF A MOTOR VEHICLE OR ON THE PERSON WHILE THE WEAPON IS LOADED, THEN VIOLATION IS:

CLASS X FELONY

  • 6-30 YEARS
  • NO PROBATION

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005