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...

Who Is Responsible for a Pedestrian Accident?

Pedestrian accidents can be fatal and it may seem obvious who is at fault for the accident, Illinois law may see it a different way. Although pedestrian deaths were down ...

Read more...

Most Common Workplace Accidents

From office workers to construction workers, it is possible for any person at work to become injured on the job. Some of the reasons people need to file for workers’ ...

Read more...

Pedestrian Accidents in Illinois

Even while taking safety precautions as a pedestrian, it is still possible to get hit by a car or truck. In the United States, there were just under 6,000 pedestrian ...

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