While the Second Amendment to the U.S. Constitution gives us the right to bear arms, possession of firearms and other weapons is limited by state and federal laws. Violating these laws can lead to significant criminal penalties, including jail time. If you or a loved one were charged with a firearm or weapon-related offense, seek legal counsel immediately. You will want to start building a defense against the accusations as soon as possible.

Illinois Weapons Laws

Illinois state has strict rules regarding who may carry a firearm and where firearms are permitted. Anyone who wants to own a firearm or ammunition must get a Firearm Owner’s Identification Card (FOID). The Illinois Concealed Carry Act requires Illinois residents to obtain a permit to carry a gun in public. Certain weapons are prohibited entirely. You are not allowed to have machine guns, stun guns, throwing stars, explosives, or switchblades in Illinois.

Unlawful use of a weapon (UUW) charges can be elevated to aggravated unlawful use of a weapon if certain factors are present. For example, if the alleged offender had an order of protection against him or her at the time of the weapons offense, this can lead to aggravated charges.

Since 2019, the city of Chicago has put a ban on “assault weapons.” This law was in response to a series of mass shootings taking place in Illinois and across the entire nation, mostly involving large, automatic rifles. No single, unified definition of an “assault weapon” exists. States have turned to varying formulations and definitions in an attempt to define what constitutes an “assault weapon.” It is important for Cook County gun owners to be familiar with how the law actually defines possession of an assault weapon, lest you find yourself facing a firearms charge.

What is the Definition of an Assault Weapon in Chicago?

There are several ways to be in possession of an “assault weapon” in Chicago. City code defines an assault weapon as “any weapon that shoots . . . automatically, more than one shot, without manual reloading, by a single function of the trigger.” This definition would include all automatic rifles. If you hold down the trigger and more than one bullet comes out, you may be looking at an assault weapon by Chicago’s standards.

This definition also includes the frame or receiver of automatic rifles, as well as “any part designed and intended for use in converting a weapon into a machine gun,” or any collection of firearm parts that one could assemble to construct a machine gun. Even disassembled, this type of rifle is illegal in Chicago.

In Illinois and throughout the U.S., people have the constitutional right to bear arms. However, that does not mean the possession of firearms and other weapons is unregulated. Illinois prohibits the possession of certain kinds of weapons outright and requires gun owners to obtain a Firearm Owners ID card (FOID) in order to be in compliance with state law. If you have been convicted of a felony in Illinois or another state, your FOID can be revoked, and future applications for an FOID can be denied. You may also face serious criminal penalties if you are found to be in unlawful possession of a weapon with a previous felony conviction on your record.

What Types of Weapons Are Prohibited for Convicted Felons?

As with all people in the State of Illinois, convicted felons are prohibited from knowingly possessing certain kinds of dangerous weapons under any circumstances, including bludgeons, metal knuckles, throwing stars, and switchblades. However, convicted felons are, under most circumstances, also prohibited from possessing any kind of firearm or ammunition, even those that are legally permitted in Illinois under other circumstances. The only exception is a situation in which a felon has successfully appealed for relief in court or with the Director of the Illinois State Police.

Consequences for a Felon’s Unlawful Possession of a Weapon 

The basic sentence for unlawful possession of a weapon by a felon in Illinois is a Class 3 felony, which can include between 2 and 10 years in prison. For repeat offenses, the sentence increases to a Class 2 felony, and the length of imprisonment increases to between 3 and 14 years. However, under certain circumstances, a first offense can be charged as a Class 2 felony. This includes cases in which the offender’s prior conviction was for:

The term “unlawful use of weapons” is somewhat misleading. In Illinois, you do not have to be actively using the weapon in order to be charged with unlawful use. More often, people are arrested for possessing the weapon after a police officer has stopped them due to allegedly criminal or suspicious behavior. Actively using a weapon is a different criminal charge in Illinois, such as aggravated discharge of a firearm or armed violence. A charge of unlawful use of weapons can be a felony depending on the type of weapon you have, where you were found with it, and whether you have previous weapons charges.

Unlawful Use and Aggravated Unlawful Use

Illinois residents are allowed to carry certain weapons, such as a handgun, as long as they have a Firearm Owner Identification (FOID) card and a Concealed Carry License (CCL). However, there are some weapons that are illegal to possess, such as switchblades, machine guns, and explosives. It is also illegal to bring a weapon into many public places, including schools, government buildings, and places of worship. These violations are classified as unlawful use of weapons because there is often an assumption that the suspect intended to use the weapon.

A charge of aggravated unlawful use of weapons occurs when there are other elements to the offense, such as:

Illinois’ concealed carry weapons law allows licensed gun owners to carry a gun for the purpose of self-protection. However, there is also a long list of places where guns are prohibited, even if you have a license to carry one. It is a criminal offense to knowingly possess a weapon when entering public properties such as schools, parks, and courthouses. In some cases, possessing a weapon within 1,000 feet of specified properties can be against the law. In the past year, Illinois courts have dismantled some of the concealed carry restrictions that were deemed to have violated people’s Second Amendment rights.

Recent Rulings

The Illinois Supreme Court made the first significant ruling when hearing the case of People v. Chairez in February 2018. In the case, the defendant petitioned to throw out his conviction for possessing a gun within 1,000 feet of a public park on the grounds that the law was unconstitutional. Both an Illinois circuit court and the Supreme Court agreed that the law put an undue burden on the defendant.

The February ruling was limited to public parks but set a precedent for cases involving other properties that banned weapons possession within 1,000 feet. In June 2018, an appellate court overturned a defendant’s conviction for possessing a gun within 1,000 feet of a public school, citing the earlier Supreme Court ruling.