720 ILCS 5/24-1.1:
Unlawful Possession by Felons

Section 24-1.1 of the Illinois Criminal Code (720 ILCS 5/24-1.1) establishes the offense of unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities, the section's formal title since P.A. 103-822 took effect on January 1, 2025 (it was previously titled unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities). This statute makes it a standalone felony for any person who has been convicted of a felony under Illinois law, federal law, or the law of any other state to knowingly possess firearms, firearm ammunition, or certain other weapons on or about their person or at their residence.^[1]

Prohibited Conduct

Under Section 24-1.1, it is unlawful for a person convicted of a felony to knowingly possess any of the following on or about their person, on their land, in their own abode, or at their fixed place of business.

• Any firearm or firearm ammunition
• A stun gun or taser whose possession is prohibited under Section 24-1 of the Criminal Code
• Any other weapon prohibited under Section 24-1 of the Criminal Code. Section 24-1.1 does not enumerate specific knives or other weapons on its own. It incorporates by reference the weapons listed in Section 24-1, which include switchblade and ballistic knives, daggers, dirks, stilettos, throwing stars, and other deadly or dangerous weapons.

The "knowingly" mens rea element requires the prosecution to prove that the defendant was aware they possessed the weapon. Mere proximity to a firearm, without knowledge of its presence, is insufficient to sustain a conviction.^[1]

Qualifying Felony Convictions

The statute applies to any person who has been convicted of a felony in any jurisdiction. This includes Illinois state felonies, federal felonies, and felony convictions from other states. Section 24-1.1 sets no end date, so the prohibition continues unless the person obtains relief under Section 10 of the FOID Act, which permits the FOID Card Review Board or the circuit court to grant relief as applicable. Section 24-1.1(a) expressly does not apply to a person granted that FOID Act relief (430 ILCS 65/10). Completion of a prison sentence, parole, or probation does not restore eligibility to possess firearms.^[1]

Penalty Structure

The penalties under Section 24-1.1 are determined by the nature of the underlying felony conviction and the type of weapon possessed:^[1]

• Class 3 felony: 2 to 10 years in the Illinois Department of Corrections. This is the penalty for a violation by a person not confined in a penal institution when no provision requiring a higher felony class applies.
• A Class 2 felony carries 3 to 14 years in the Illinois Department of Corrections, except as provided in Section 5-4.5-110 of the Unified Code of Corrections. This enhanced tier applies to a second or subsequent violation, to persons whose prior felony was among the listed serious offenses (such as forcible felonies and certain weapons or narcotics offenses), and to persons who were on parole or mandatory supervised release at the time of the offense.
• Class X felony: possession of a machine gun by a felon is punished as a Class X felony.

The sentencing ranges of 2 to 10 years for Class 3 and 3 to 14 years for Class 2 exceed the ordinary ranges of 2 to 5 years and 3 to 7 years for those felony classes.^[1]

Federal Overlap

The same firearm possession can violate both Illinois and federal law. Under 18 U.S.C. 922(g)(1), a person convicted of a crime punishable by more than one year in prison may not possess a firearm or ammunition in or affecting commerce, subject to the exceptions in 18 U.S.C. 921(a)(20). Federal prosecutors may also charge the same possession under this statute. When a state prosecution came first, Justice Department policy permits a federal prosecution for substantially the same act only if it involves a substantial federal interest that the state case left demonstrably unvindicated, among other prerequisites. Federal penalties for knowingly violating the felon-in-possession prohibition can reach 15 years of imprisonment. The Armed Career Criminal Act requires at least 15 years for a person who violates Section 922(g) and has three prior convictions for violent felonies or serious drug offenses, or both, committed on different occasions.^[2] An interim final rule effective January 22, 2026 revised the "unlawful user" definition under 922(g)(3). That definition excludes unlawful use that is isolated or sporadic or does not otherwise demonstrate a pattern of ongoing use. It did not modify 922(g)(1)'s felon-in-possession prohibition, which remains in full force.^[4]

Interaction with FOID Revocation

A felony conviction is a ground for denial or revocation of a FOID card under 430 ILCS 65/8, subject to relief under Section 10. If the person held a FOID card at the time of their conviction, the Illinois State Police has authority under Section 8 to revoke and seize it based on that felony conviction. The felon-in-possession statute at Section 24-1.1 prohibits a convicted felon from knowingly possessing firearms regardless of whether they ever held or applied for a FOID card, unless they have been granted relief under Section 10 of the FOID Act.^[3]