Illinois Possession of a Stolen Firearm

The Law – 720 ILCS 5/24-3.8

A person commits Possession of a Stolen Firearm when he or she, not being entitled to the possession of a firearm, possesses the firearm, knowing it to have been stolen.

Illinois prohibits an individual from merely possessing a stolen firearm, regardless of whether or not that firearm is being used for unlawful purposes. From a reading of the statute, the offense is committed when: 1) an individual not being entitled to the possession of a weapon 2) possesses a stolen firearm and 3) the person possessing the weapon knows it to have been stolen.

The State must prove all three elements above before a person can be convicted of Possession of a Stolen Firearm. However, from the wording of the statute, it appears that if a person possesses a valid Firearms Owner Identification card and is otherwise lawfully entitled to possess any weapon, the State will not succeed on a charge of Possession of a Stolen Firearm.

However, if the possessor is not lawfully entitled to possess a weapon, then the charge in fact can most likely be proved. A judge or jury may also consider the fact that there was an altered or removed serial number on a firearm. This fact will tend to support a reasonable inference that the individual in possession of the stolen firearm knew that it was in fact stolen.

The Sentence

  • Class 2 Felony
  • 3 to 7 years in state prison
  • Fine up to $25,000

Probation Possible? Yes

Supervision Possible? No

The latest from our blog...

Are Older Drivers at Risk for Causing a Car Accident?

Obtaining a driver’s license is a milestone in most people’s lives. In Illinois, a motorist must pass a written exam and a behind-the-wheel test before he or she can legally ...

Read more...

How Can CDL Violations Cause a Truck Accident in Illinois?

The trucking industry is an integral part of the United States economy. Trucks across the country transport essential products that consumers need, such as food, clothing, medicine, building materials, electronics, ...

Read more...

How Medical Malpractice Can Change a Child’s Life

Malpractice can cause pain for any patient, but when a victim is a child, a young person suffers because of the negligence of a medical professional. Children can be harder ...

Read more...

Successful Cases

More Settlements

James A. Payonk, Jr.

10705 W 159th St.
Orland Park, Illinois 60467

Our NEW Phone Number

708-966-2408