WEAPONS CHARGE 

UNLAWFUL USE OF A WEAPON 

​The situations that specifically form the grounds for an unlawful use charge

• Previous felony conviction when the accused was a juvenile

• Unlawful possession of a handgun when under the age of 21

• Possession during misdemeanor drug offenses under federal law

• Loaded weapon that is immediately accessible in your car

• No valid firearm owner ID card (FOIC)

• Unloaded firearm with ammo readily available in a vehicle

• Gang-related activity

• Accused subject to a current protective order

• Possession during commission of a violent misdemeanor (e.g. domestic violence)
   

UNLAWFUL USE/POSESSION OF A FIREARM BY A FELON  

If you have been convicted of a felony you cannot be in possession of a gun in Illinois. If you are a convicted felon and you are caught with a gun, you will be charged with Unlawful Use of a Firearm by a Felon. You don't need to actively use the gun; merely having possession of the firearm is sufficient to be charged with the unlawful use of a firearm. For instance, if you are a convicted felon and are found with a gun, it doesn't matter if the gun was in your home or if it belonged to someone else. Simply residing in a home where the gun is present is adequate for being considered guilty under the Unlawful Use of a Weapon by a Felon statute in Illinois.

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ARMED VIOLENCE 

An individual can be convicted of armed violence if they commit a felony while possessing a dangerous weapon. However, it's important to note that certain serious felonies, including murder, predatory sexual crimes involving children, home invasion, and others, are exceptions and are not covered by this provision.

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ARMED HABITUAL CRIMINAL 

A criminal offense for an individual with a minimum of two convictions of specific types to possess, sell, receive, or transfer a firearm.

• two or more forcible felonies

• unlawful use of a weapon by a felon

• aggravated unlawful use of a weapon

• aggravated discharge of a firearm

• vehicular hijacking

• aggravated vehicular hijacking

• aggravated battery of a child

• or any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that carries a punishment of a Class 3 Felony or higher.

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AGGRAVATED DISCHARGE 

The unsafe discharge of a firearm under specific circumstances. This charge applies when a firearm is discharged in a manner that poses an extreme risk. Factors defining this hazardous act include:

• Firing at Others

• Firing into a Vehicle or Structure

• Use of a Silencer