720 ILCS 5/24-1.7:
Unlawful Possession of a Firearm by a Repeat Felony Offender

Section 24-1.7 of the Illinois Criminal Code (720 ILCS 5/24-1.7) creates the offense now formally titled unlawful possession of a firearm by a repeat felony offender. P.A. 103-822, effective January 1, 2025, renamed the offense from its former title of armed habitual criminal. The statute targets repeat felony offenders who continue to possess firearms despite prior convictions for serious criminal offenses, and it carries mandatory Class X felony sentencing.^[1]

Elements of the Offense

A person commits the offense of unlawful possession of a firearm by a repeat felony offender when they receive, sell, possess, or transfer any firearm after having been convicted a total of two or more times of any combination of the qualifying felony offenses listed in the statute. Both the possession element and the prior conviction element must be proven beyond a reasonable doubt.^[3]

Qualifying Prior Convictions

Section 24-1.7 specifies the categories of prior felony convictions that count toward the two-conviction threshold. These include:

• Any forcible felony as defined in 720 ILCS 5/2-8, including but not limited to first degree murder, second degree murder, predatory criminal sexual assault of a child, criminal sexual assault, robbery, burglary, residential burglary, arson, kidnapping, aggravated battery resulting in great bodily harm, and any other felony which involves the use or threat of physical force or violence against any individual
• Unlawful possession of weapons by a felon (Section 24-1.1)
• Aggravated unlawful possession of a weapon (Section 24-1.6)
• Aggravated discharge of a firearm (Section 24-1.2)
• Gunrunning (Section 24-3A)
• Aggravated battery with a firearm (Section 12-3.05(e)(1) through (e)(4), or the former Section 12-4.2)
• Home invasion
• Any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher

The two qualifying convictions may be from any combination of these categories. They do not need to be for the same offense. The statute enumerates Illinois offenses and contains no clause qualifying out-of-state convictions as predicates.^[1]

Sentencing as a Class X Felony

Unlawful possession of a firearm by a repeat felony offender is classified as a Class X felony. The sentencing range is:^[1]

• The ordinary Class X prison term begins at 6 years, subject to Section 5-4.5-115.
• The ordinary Class X prison term has a maximum of 30 years.
• Probation and conditional discharge are not available for Class X felonies, so incarceration is mandatory
• The current mandatory supervised release term for this offense is 3 years under 730 ILCS 5/5-8-1(d)(7)(A), subject to earlier termination under Section 3-3-8. The general 18-month Class X term does not apply because this offense is included in the 85% sentencing category.

The ordinary Class X prison term has a minimum of 6 years, subject to Section 5-4.5-115, and probation is not available. The sentence of imprisonment for an extended term Class X felony, as provided in Section 5-8-2 and subject to Section 5-4.5-115, is not less than 30 years and not more than 60 years.^[1]

Prosecution and Enforcement

Because the statute requires only possession of a firearm, not use of the firearm in a crime, defendants can be charged under Section 24-1.7 even during routine traffic stops or warrant service if a firearm is discovered and the defendant has the requisite prior convictions.^[2]

Distinction from Felon-in-Possession

The unlawful possession of a firearm by a repeat felony offender charge under Section 24-1.7 is distinct from the felon-in-possession charge under Section 24-1.1. While Section 24-1.1 requires only a single prior felony conviction, Section 24-1.7 requires two or more qualifying convictions and classifies the offense as a Class X felony under subsection (b). Section 24-1.1 generally makes possession by a felon a Class 3 felony but also includes enhanced penalties, including Class X penalties for specified circumstances. The applicable sentencing exposure therefore depends on which provisions of Section 24-1.1 apply.