Section 24-1.1 of the Illinois Criminal Code (720 ILCS 5/24-1.1) establishes the offense of unlawful possession of weapons by a felon. 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 on or about their person, on their land or in their own abode, or in any vehicle, any of the following:
- Any firearm or firearm ammunition
- Any stun gun or taser
- 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. The prohibition remains in effect for the remainder of the person's life unless the conviction is reversed, expunged, or the person receives executive clemency (a gubernatorial pardon) that specifically restores their firearm rights. 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 baseline penalty for most felon-in-possession charges.
- Class 2 felony: 3 to 14 years in the Illinois Department of Corrections. This enhanced penalty applies when the underlying conviction involved certain serious offenses, including forcible felonies, weapons offenses, or narcotics violations, or when the weapon possessed is of a particularly dangerous type.
The extended sentencing ranges (2-10 years for Class 3 and 3-14 years for Class 2) exceed the standard ranges for these felony classes, reflecting the General Assembly's intent to impose heightened punishment for armed recidivism.[1]
Federal Overlap
Felon-in-possession charges in Illinois often overlap with federal law. Under 18 U.S.C. 922(g)(1), it is a separate federal offense for a convicted felon to possess a firearm or ammunition that has traveled in interstate commerce. Federal prosecutors may pursue charges under this statute concurrently with or in lieu of state charges under Section 24-1.1, particularly in cases involving violent offenders or those connected to organized criminal activity. Federal penalties for felon-in-possession can reach up to 15 years of imprisonment, and significantly more under the Armed Career Criminal Act for defendants with three or more qualifying prior convictions.[2] The April 29, 2026 federal rulemaking package issued under Executive Order 14206 narrowed certain 922(g) categories, including the "fugitive from justice" definition under 922(g)(2) and the "unlawful user" standard under 922(g)(3). 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 automatically disqualifies a person from holding a FOID card under 430 ILCS 65/8. If the person held a FOID card at the time of their conviction, the Illinois State Police will revoke it. The felon-in-possession statute at Section 24-1.1 operates independently of the FOID system -- a convicted felon is prohibited from possessing firearms regardless of whether they ever held or applied for a FOID card.[3]