Section 24-1.6 of the Illinois Criminal Code (720 ILCS 5/24-1.6) establishes the offense of aggravated unlawful use of a weapon (AUUW). This statute creates an enhanced, felony-level charge for weapons offenses that involve specific aggravating factors beyond those covered by the general UUW statute at Section 24-1.[1]
Elements of the Offense
A person commits AUUW when they carry a firearm on or about their person, in a vehicle, or are otherwise armed with a firearm, and one or more aggravating factors are present. The statute is structured so that the base conduct (possessing or carrying a firearm) must be combined with at least one statutory aggravating factor to elevate the offense from a misdemeanor UUW to a felony AUUW charge.[1]
Aggravating Factors
Section 24-1.6(a)(1) through (a)(3) identify the aggravating factors that trigger the enhanced charge. The most commonly charged factors include:[1]
- The firearm was uncased, loaded, and immediately accessible at the time of the offense, and the person did not hold a valid Concealed Carry 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 on or within 1,000 feet of a public park, school, public housing, or a courthouse
- The person was a gang member as defined under the Illinois Streetgang Terrorism Omnibus Prevention Act
- The person had a prior felony conviction
- The firearm was possessed in a vehicle on a public street or alley in a municipality with more than 25,000 residents, and the firearm was uncased, loaded, and immediately accessible
Penalty Structure
AUUW is classified as a felony, with the specific class depending on the circumstances and the defendant's criminal history:[1]
- First offense: Class 4 felony, punishable by 1 to 3 years in the Illinois Department of Corrections and a fine of up to $25,000
- 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 a body vest or body shield as defined in Section 33F-1, the offense is elevated to a Class X felony, punishable by 6 to 30 years in prison (720 ILCS 5/33F-2)
The mandatory prison requirement for repeat offenders makes AUUW one of the more consequential weapons charges in the Illinois system. Unlike many Class 2 felonies where probation may be available, a second AUUW conviction requires incarceration in the Department of Corrections.[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 who possesses a firearm without a FOID card and is found carrying that firearm outside of their home or fixed place of business faces AUUW charges rather than the lesser UUW charge. Similarly, carrying a loaded, uncased firearm in a vehicle without a valid CCL constitutes AUUW. These provisions create a strong enforcement incentive for compliance with the state's licensing requirements.[3]
Constitutional Challenges
The AUUW statute has faced multiple constitutional challenges in Illinois courts. In People v. Aguilar (2013), the Illinois Supreme Court struck down the provision criminalizing simple possession of an uncased, loaded firearm outside the home, finding it violated the Second Amendment under District of Columbia v. Heller. The General Assembly subsequently amended the statute to account for the newly enacted Concealed Carry Act, refocusing the AUUW aggravating factors on unlicensed carry rather than mere possession. The current version of the statute reflects these post-2013 amendments.[1]