720 ILCS 5/24-1:
Unlawful Possession of Weapons

Section 24-1 of the Illinois Criminal Code (720 ILCS 5/24-1) defines the offense of unlawful possession of weapons. It defines a broad range of conduct that constitutes what is now formally titled unlawful possession of weapons. P.A. 103-822, effective January 1, 2025, renamed the offense from "unlawful use of weapons." Subject to statutory exemptions, the section prohibits carrying firearms without proper authorization and possessing weapons such as machine guns and short-barreled firearms.^[1]

Prohibited Conduct -- General UUW

Section 24-1(a) enumerates over a dozen specific acts that constitute unlawful possession of weapons. Subsection 24-1(a)(4) prohibits knowingly carrying or possessing a pistol, revolver, or other firearm in any vehicle or concealed on or about the person, except on one's own land, in one's own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with their permission. This provision restricts vehicle and concealed possession of firearms, subject to statutory exceptions for premises, transport and licensed concealed handgun carry. The Illinois Supreme Court held the portion of Section 24-1(a)(4) that prohibits the carriage or possession of stun guns and tasers facially unconstitutional.^[1]

Other prohibited acts under Section 24-1(a) include carrying or possessing a firearm in a place licensed to sell alcohol, subject to exceptions for unloaded-firearm exhibitions, licensed auctions or raffles, firearm safety training, and owners, managers, authorized employees or law enforcement officers. Subject to the exemptions in Section 24-2, they also include possessing a device or attachment designed, used or intended for use in silencing the report of any firearm, possessing explosive bullets, and concealed firearm possession outside the premises and transport exceptions described here. Subsection 24-1(a)(4) also exempts transport of weapons that are broken down in a non-functioning state, are not immediately accessible, are unloaded and enclosed in a case or other container by a valid FOID cardholder, or are carried in accordance with the Firearm Concealed Carry Act by a valid licensee.^[1]

Prohibited Weapons

Subject to the exemptions in Section 24-2(c), Section 24-1(a)(7) also criminalizes the possession of certain categories of weapons. A FOID card or CCL alone does not authorize their possession. These include machine guns, defined as any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manually reloading by a single function of the trigger, including its frame or receiver. Subsection 24-1(a)(7)(i) also covers combinations of parts designed or intended for use in converting any weapon into a machine gun and combinations or parts from which a machine gun can be assembled if they are in a person's possession or under their control. The prohibited weapons also include short-barreled rifles with a barrel less than 16 inches, short-barreled shotguns with a barrel less than 18 inches, and any weapon made from a rifle or shotgun with an overall length less than 26 inches. Section 24-2(c)(7) exempts a person possessing a short-barreled rifle if they have been issued a Curios and Relics license. It also exempts an active member of a bona fide, nationally recognized military re-enacting group if the modification is required and necessary for accurate historical portrayal, the member is in possession of a valid and current group membership credential, and the modified weapon is at least 26 inches long.^[1]

Penalties

The penalty structure under Section 24-1 varies based on the specific conduct and the type of weapon involved:^[1]

• Violations of subsections 24-1(a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(10), (a)(11), (a)(13), and (a)(15) are Class A misdemeanors, subject to the repeat-offense and specific-place provisions, punishable by up to 364 days in jail and a fine of up to $2,500.
• A second or subsequent violation of subsection 24-1(a)(4), (a)(8), (a)(9), (a)(10), or (a)(15) is a Class 3 felony with an ordinary prison term of 2 to 5 years in the Illinois Department of Corrections.
• Machine gun possession: Class 2 felony, punishable by 3 to 7 years in prison. If the machine gun is possessed in the passenger compartment of a vehicle or on the person while the weapon is loaded, the offense is a Class X felony
• Unlawful possession of a short-barreled rifle or shotgun is a Class 3 felony with an ordinary prison term of 2 to 5 years. Violations in the places specified in Section 24-1(c)(1) are Class 2 felonies with prison terms of 3 to 7 years.

Key Exceptions

Sections 24-1 and 24-2 provide exemptions for specified persons and activities. Law enforcement officers and members of the armed forces acting in the line of duty are exempt from specified prohibitions. Licensed private security personnel qualify while performing their employment duties or commuting when their duties include carrying a weapon and they meet the statutory training and firearm control card requirements. Holders of valid Concealed Carry Licenses are exempt from subsections 24-1(a)(4) and (a)(10) when carrying concealed pistols, revolvers or handguns. The statute also provides exceptions for transportation of unloaded firearms in cases. Section 24-2(b) exempts people using firearms on established public or private target ranges and hunters engaged in lawful hunting under the Wildlife Code from subsections 24-1(a)(4) and (a)(10) and Section 24-1.6.^[1]

Interaction with Other Statutes

Section 24-1 lists weapons offenses and their penalties. More serious conduct is addressed by separate sections, including aggravated unlawful possession of a weapon under Section 24-1.6, felon-in-possession charges under Section 24-1.1, and unlawful possession of a firearm by a repeat felony offender under Section 24-1.7. The Protect Illinois Communities Act (Public Act 102-1116) also amended portions of Article 24 to incorporate the statewide assault weapons ban, adding additional prohibited weapons categories and modifying existing penalty structures.^[2]