The Elements: What the State Must Show
At its core, aggravated unlawful possession of a weapon has two parts that must occur together. First, there is the prohibited conduct: knowingly carrying or possessing a firearm on the person or in a vehicle, outside the home, a fixed place of business, or land the person owns, or in a public place. Second, at least one of the aggravating factors listed in the statute must be present at the same time. Without an aggravating factor, the conduct may fall under unlawful possession of weapons under 720 ILCS 5/24-1 rather than the aggravated statute.
Because the offense turns on knowing conduct, the State must prove that the person knew of the firearm and its presence. Possession can be actual, meaning the firearm is on the person, or constructive, meaning the person had the intent and the ability to control it even if it was not physically in hand. In a shared vehicle or residence, whether a particular person knowingly possessed the firearm is often a genuinely contested question rather than a foregone conclusion.
The Aggravating Factors That Elevate the Charge
The aggravating factor is the heart of a 720 ILCS 5/24-1.6 charge. For a firearm other than a handgun, one factor is that it was uncased, loaded, and immediately accessible. Lacking a valid FOID card is a separate factor. For a handgun, being uncased, loaded, and immediately accessible counts only when the person also has no valid Concealed Carry License. Lack of a CCL by itself is not a listed factor. The statute also includes factors tied to persons under 21 and other circumstances. Only one listed factor needs to be present, alongside the prohibited carrying, for the aggravated charge to apply.
Understanding which factor the State has alleged matters, because each factor rests on different facts. A charge built on the firearm being uncased, loaded, and immediately accessible depends on how and where the firearm was stored and reached. For a firearm other than a handgun, that condition can be a factor on its own. For a handgun, that condition is a factor only together with the absence of a valid Concealed Carry License. A charge built on the absence of a valid FOID card depends on the status of that card. And a charge tied to age depends on the person's age at the time. Each of these turns on specific, checkable facts.
The distinction between "uncased" and "cased," and between "loaded and immediately accessible" and stored otherwise, can decide whether the aggravated statute applies at all. These are technical terms in the statute, and the precise circumstances of how a firearm was carried or stored are central to any aggravated unlawful possession of a weapon case.
Penalties Under 720 ILCS 5/24-1.6
A first aggravated unlawful possession of a weapon offense is a Class 4 felony. The sentencing range is 1 to 3 years in the Illinois Department of Corrections. Probation is possible on many Class 4 felonies, but not when the gun was uncased, loaded and accessible and the person had no valid FOID card (720 ILCS 5/24-1.6(d)(2); 730 ILCS 5/5-5-3(c)(2)(F-5)). The fine can be up to $25,000. When the person has a prior felony conviction, the offense can be charged as a Class 2 felony, which carries a range of 3 to 7 years.
Under 720 ILCS 5/24-1.6, a second or later offense (subsection (d)(1)) and a prior felony (subsection (d)(3)) are each a Class 2 felony with 3 to 7 years.
The gap between a Class 4 first offense and a Class 2 offense is significant, both in the potential term of imprisonment and in the way the case is handled. Probation is possible on many Class 4 felonies, but not when the gun was uncased, loaded and accessible and the person had no valid FOID card (720 ILCS 5/24-1.6(d)(2); 730 ILCS 5/5-5-3(c)(2)(F-5)), which is why the specific facts and the person's background matter so much to how a case may proceed. None of this predicts a result. It describes the range the statute sets and the factors that move a charge within or beyond that range.
Class 4
First offense: 1 to 3 years IDOC; probation limited (see above); fine up to $25,000
Class 2
Second or later offense, or a prior felony: 3 to 7 years
Beyond the sentence itself, a felony weapons conviction carries collateral consequences. It affects the ability to lawfully possess firearms under both state and federal law, and it can reach employment, housing, and professional licensing. For non-citizens, any criminal conviction can carry immigration consequences. These effects can extend far past the term of any sentence.
FOID Card and Concealed Carry License Context
Two Illinois licensing regimes sit behind many aggravated unlawful possession of a weapon charges. The Firearm Owner's Identification card, established by the FOID Card Act at 430 ILCS 65, is required to lawfully possess firearms or ammunition in Illinois. The Concealed Carry License, issued under the Firearm Concealed Carry Act at 430 ILCS 66, is separately required to carry a concealed firearm in public. Both are administered by the Illinois State Police.
The absence of a valid FOID card is its own listed aggravating factor. For a handgun, the absence of a valid CCL is part of the factors in subsections (a)(3)(A-5) and (a)(3)(B-5), which also require the handgun to be uncased with the firearm or its ammunition immediately accessible. The status of these credentials is often central to a 720 ILCS 5/24-1.6 case. Whether a FOID card was genuinely expired, revoked, or never issued, and whether a CCL was in effect at the relevant time, are factual questions. A person who believed they were carrying lawfully may still face the charge if the paperwork does not line up, which is one reason the details of these credentials deserve close attention.
Constitutional Context: People v. Aguilar
The aggravated unlawful possession of a weapon statute has a notable constitutional history. In People v. Aguilar (2013), the Illinois Supreme Court held that the subsection of the statute that operated as a flat ban on carrying a loaded, accessible firearm in public was unconstitutional under the Second Amendment. The FOID-card and CCL-based subsections of the statute remain in force and are actively prosecuted today.
The takeaway is that not every version of the statute that once existed is still enforceable, but the statute as a whole was not erased. The licensing-based subsections continue to be charged, including the no-FOID factor and the handgun factors that combine an uncased firearm with the absence of a valid Concealed Carry License. This is a description of the current legal landscape and the history behind it. It is not a prediction about how any particular case will be resolved, and no such prediction should be read into it.
How 720 ILCS 5/24-1.6 Relates to 720 ILCS 5/24-1
Unlawful possession of weapons under 720 ILCS 5/24-1 and aggravated unlawful possession of a weapon under 720 ILCS 5/24-1.6 are related but distinct. The 720 ILCS 5/24-1 statute covers a broad set of prohibited weapons and prohibited carrying. The aggravated statute applies when prohibited carrying occurs together with a listed aggravating factor. In practice, the presence or absence of an aggravating factor is what determines which statute the State charges, and that in turn shapes the potential penalties.
Reviewing exactly which statute and which subsection the State has charged is a basic first step in any weapons case, because the charged provision defines what the prosecution must prove and what the exposure is. If you are trying to understand a charge you have received, comparing the language of the charging document against the statute is where that review begins.
Getting Help With a Weapons Charge
This page explains the statute; it does not replace advice about your own situation. If you are facing weapons charges in Central Illinois, the firm defends unlawful possession of weapons and aggravated unlawful possession of a weapon cases, examining the stop, the search, and the State's proof of knowing possession. For an overview of that defense work, see our weapons charges defense overview, our broader criminal defense practice, and related drug crimes defense, since firearms and drug charges frequently arise from the same stop.
Frequently Asked Questions: 720 ILCS 5/24-1.6
What is 720 ILCS 5/24-1.6 in plain language?
720 ILCS 5/24-1.6 is the Illinois aggravated unlawful possession of a weapon statute. Public Act 103-822, effective January 1, 2025, changed the name from aggravated unlawful use of a weapon. It applies when a person knowingly carries or possesses a firearm on their person or in a vehicle, outside the home, a fixed place of business, or land they own, or in a public place, at the same time that one of the aggravating factors listed in the statute is present. The aggravating factor is what separates this offense from unlawful possession of weapons under 720 ILCS 5/24-1.
What is the difference between 720 ILCS 5/24-1 and 720 ILCS 5/24-1.6?
Unlawful possession of weapons under 720 ILCS 5/24-1 covers a range of prohibited carrying and possession. Aggravated unlawful possession of a weapon under 720 ILCS 5/24-1.6 is the more serious offense that applies when the prohibited carrying happens together with a listed aggravating factor. For a firearm other than a handgun, one factor is that it was uncased, loaded, and immediately accessible. Lacking a valid FOID card is a separate factor. For a handgun, being uncased, loaded, and immediately accessible is a factor only when the person also has no valid Concealed Carry License. Lack of a CCL by itself is not a listed factor. The added factor is what elevates the charge.
What are the aggravating factors under 720 ILCS 5/24-1.6?
For a firearm other than a handgun, one factor is that it was uncased, loaded, and immediately accessible. Lacking a valid FOID card is a separate factor. For a handgun, being uncased, loaded, and immediately accessible counts only when the person also has no valid Concealed Carry License. Lack of a CCL by itself is not a listed factor. The statute also lists factors tied to persons under 21 and other circumstances. Only one listed factor needs to be present, alongside the prohibited carrying, for the aggravated charge to apply.
What is the penalty for a first 720 ILCS 5/24-1.6 offense in Illinois?
A first aggravated unlawful possession of a weapon offense is charged as a Class 4 felony. The sentencing range is 1 to 3 years in the Illinois Department of Corrections. Probation is possible on many Class 4 felonies, but not when the gun was uncased, loaded and accessible and the person had no valid FOID card (720 ILCS 5/24-1.6(d)(2); 730 ILCS 5/5-5-3(c)(2)(F-5)). The fine can be up to $25,000. Sentencing depends on the specific facts and the court.
Is 720 ILCS 5/24-1.6 ever a Class 2 felony?
Yes. Under 720 ILCS 5/24-1.6, a second or later offense (subsection (d)(1)) and a prior felony (subsection (d)(3)) are each a Class 2 felony with 3 to 7 years.
Do I need a FOID card and a Concealed Carry License in Illinois?
Illinois requires a valid Firearm Owner's Identification card under 430 ILCS 65 to lawfully possess firearms or ammunition. A separate Concealed Carry License, issued under the Firearm Concealed Carry Act at 430 ILCS 66, is required to carry a concealed firearm in public. Lacking a valid FOID card is a listed aggravating factor under 720 ILCS 5/24-1.6. For a handgun, lacking a valid CCL matters when the handgun is also uncased and the firearm or its ammunition is immediately accessible. Lack of a CCL by itself is not a listed factor.
Did People v. Aguilar strike down 720 ILCS 5/24-1.6?
Not entirely. In People v. Aguilar (2013) the Illinois Supreme Court held that the subsection of the statute that operated as a flat ban on carrying a loaded, accessible firearm in public was unconstitutional under the Second Amendment. The FOID-card and CCL-based subsections of the statute remain in force and are actively prosecuted. This is a description of the legal landscape, not a prediction about any particular case.
Can a first 720 ILCS 5/24-1.6 offense result in probation instead of prison?
A first aggravated unlawful possession of a weapon offense is a Class 4 felony. Probation is possible on many Class 4 felonies, but not when the gun was uncased, loaded and accessible and the person had no valid FOID card (720 ILCS 5/24-1.6(d)(2); 730 ILCS 5/5-5-3(c)(2)(F-5)). Whether probation is available or appropriate depends on the specific facts, the person's background, and the court. No outcome can be promised, and each case is decided on its own record.
Does a 720 ILCS 5/24-1.6 conviction affect my firearm rights?
A felony conviction under Illinois and federal law carries firearm consequences, including the loss of the ability to lawfully possess firearms and the FOID card that authorizes possession. A weapons felony can also affect employment, housing, and professional licensing. These collateral effects can reach well beyond any sentence imposed.
Where can I learn more about weapons charges defense?
This page explains the 720 ILCS 5/24-1.6 statute in plain language. If you are facing weapons charges, see our weapons charges defense overview for how the firm approaches these cases, or call (309) 999-1177 to discuss your situation.
If you are facing weapons charges, see our weapons charges defense overview for how the firm handles unlawful possession of weapons and aggravated unlawful possession of a weapon cases, or explore the full range of criminal defense matters the firm handles across Central Illinois.
