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...

Hit and Run Deaths Are at an All-Time High

Fatalities from hit and run accidents have never been higher in this country, according to a 2018 study by the AAA Foundation for Traffic Safety. According to the study, 2,049 people ...

Read more...

Car Accidents Can Leave Pedestrian Victims with Serious Injuries

Being injured as a pedestrian in a collision with an automobile can be extremely serious. These pedestrian accidents are also common. It is estimated that a pedestrian is injured every ...

Read more...

Orland Park Leads South Suburbs in 2017 DUI Arrests: Survey

As reported by Lorraine Swanson of The Patch on July 2, 2018, the Village of Orland Park had the most DUI arrests of any southwest suburb in Cook County. Orland Park ...

Read more...

Successful Cases

More Settlements

James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

708-633-6005