720 ILCS 5/24-1.6:
Aggravated Unlawful Possession of a Weapon

Section 24-1.6 of the Illinois Criminal Code (720 ILCS 5/24-1.6) establishes the offense now formally titled aggravated unlawful possession of a weapon. P.A. 103-822, effective January 1, 2025, renamed the offense from aggravated unlawful use of a weapon, and this page uses the abbreviation AUUW for the offense. This statute creates an enhanced, felony-level charge for weapons offenses that involve specific aggravating factors beyond those covered by the general unlawful possession of weapons statute at Section 24-1.^[1]

Elements of the Offense

A person commits AUUW when they knowingly carry or possess a pistol, revolver, stun gun, taser, or other firearm as described in Section 24-1.6(a)(1) or (a)(2), and at least one aggravating factor in subsection (a)(3) is present. The location exceptions in those paragraphs and the transportation exemptions in subsection (c) also apply.^[1]

Aggravating Factors

Section 24-1.6(a)(3) identifies the aggravating factors that trigger the enhanced charge when combined with the conduct described in (a)(1) or (a)(2). The factors and related elements include:^[1]

• The pistol, revolver, or handgun was uncased, loaded, and immediately accessible at the time of the offense, and the person had not been issued a currently valid license under the Firearm Concealed Carry Act. For a firearm other than a pistol, revolver, or handgun, being uncased, loaded, and immediately accessible is a factor without regard to a license
• The person carrying the firearm did not hold a valid FOID card at the time of the offense
• The person was under 21 years of age and in possession of a handgun (unless meeting specific statutory exceptions)
• The person was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony. A prior felony conviction is not a factor in subsection (a)(3) but makes the offense a Class 2 felony under Section 24-1.6(d)(3)
• The firearm was carried on a public street, alley, or other public land within the corporate limits of any city, village, or incorporated town, combined with one of the statutory factors. No population threshold applies (720 ILCS 5/24-1.6(a)(2))

Location-based enhancements within 1,000 feet of schools, parks, public housing, or courthouses belong to the separate offense at 720 ILCS 5/24-1(c), not to aggravated unlawful possession of a weapon. Gang-related firearm possession is likewise charged under the distinct offense at 720 ILCS 5/24-1.8 rather than as a 24-1.6 factor.

Penalty Structure

AUUW is classified as a felony, with the specific class depending on the circumstances and the defendant's criminal history:^[1]

• A first offense is generally a Class 4 felony, punishable by 1 to 3 years in the Illinois Department of Corrections and a fine of up to $25,000. A prior felony conviction triggers Class 2 sentencing, while committing the offense while wearing or possessing body armor without a valid FOID card triggers Class X sentencing under Section 24-1.6(d)
• Second or subsequent offense: Class 2 felony, punishable by 3 to 7 years in prison, with a mandatory prison sentence (probation is not available)
• Body armor enhancement. When AUUW is committed while wearing or possessing body armor as defined in Section 33F-1 by a person who has not been issued a valid FOID card, the offense is a Class X felony under 720 ILCS 5/24-1.6(d)(4), with an ordinary prison term of 6 to 30 years

A second or subsequent AUUW offense requires a prison sentence under Section 24-1.6(d)(1). That paragraph refers to an exception in Section 5-4.5-110 of the Unified Code of Corrections, which was repealed effective January 1, 2024.^[2]

FOID and CCL Connection

Several of the aggravating factors under Section 24-1.6 are directly tied to the absence of a valid FOID card or Concealed Carry License. A person carrying a firearm without a currently valid FOID card may face AUUW charges outside their own land, abode, legal dwelling, or fixed place of business, or the land or legal dwelling of another person where they are an invitee with permission, subject to the transportation exemptions in subsection (c). Similarly, knowingly carrying an uncased, loaded, and immediately accessible handgun in a vehicle without a currently valid CCL constitutes AUUW, subject to the statutory location exceptions and transportation exemptions.^[3]

Constitutional Challenges

The AUUW statute has faced multiple constitutional challenges in Illinois courts. In People v. Aguilar (2013), the Illinois Supreme Court held that the Class 4 form of section 24-1.6(a)(1), (a)(3)(A), (d), which barred carrying an uncased, loaded, and immediately accessible firearm outside the home, violates the right to keep and bear arms guaranteed by the second amendment, following District of Columbia v. Heller. Before that decision, the Firearm Concealed Carry Act, effective July 9, 2013, had amended the statute to allow for a limited right to carry certain firearms in public. It added the handgun factors in subsection (a)(3)(A-5) and (B-5), which apply when the person has not been issued a currently valid license under the Firearm Concealed Carry Act. The current version of the statute contains these handgun factors.^[1]