What 720 ILCS 5/24-1.6 Means, in Plain Language
720 ILCS 5/24-1.6 is the Illinois statute for Aggravated Unlawful Use of a Weapon, commonly shortened to AUUW. In plain terms, 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 the statute lists is present. That added factor is what turns ordinary unlawful carrying into the aggravated offense.
Updated September 2026
This page is a plain-language explainer of the statute itself: what the law prohibits, which aggravating factors elevate the charge, what the penalties are, and how the FOID card and Concealed Carry License rules fit in. It is written to help you understand the statute number you may have seen on a charging document or a citation. It is general legal information, not advice about your specific case. If you are facing weapons charges and want to understand how the firm approaches these cases, see our weapons charges defense overview.
◆ Illinois Law
Aggravated Unlawful Use of a Weapon is defined at 720 ILCS 5/24-1.6. The Firearm Owner's Identification card requirement comes from the FOID Card Act at 430 ILCS 65, and the Concealed Carry License is issued under the Firearm Concealed Carry Act at 430 ILCS 66. Simple Unlawful Use of a Weapon is the related, less aggravated offense at 720 ILCS 5/24-1.
Sources: 720 ILCS 5/24-1.6 - Aggravated Unlawful Use of a Weapon; 720 ILCS 5/24-1 - Unlawful Use of Weapons; 430 ILCS 65 - FOID Card Act; 430 ILCS 66 - Firearm Concealed Carry Act
The Elements: What the State Must Show
At its core, aggravated unlawful use 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 simple unlawful use of a weapon 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. The most common factors are that the firearm was uncased, loaded, and immediately accessible; that the person had no valid FOID card; or that the person had no valid Concealed Carry License. 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. A charge built on the absence of a valid FOID card depends on the status of that card. A charge built on the absence of a Concealed Carry License depends on whether a CCL was in effect. 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 use of a weapon case.
Penalties Under 720 ILCS 5/24-1.6
A first aggravated unlawful use of a weapon offense is a Class 4 felony. The sentencing range is 1 to 3 years in the Illinois Department of Corrections, and probation is possible on a Class 4 felony. 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.
The gap between a Class 4 first offense and a Class 2 offense with a prior felony is significant, both in the potential term of imprisonment and in the way the case is handled. On a Class 4 felony, probation is possible, 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.
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 use 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.
Because the absence of a valid FOID card and the absence of a valid CCL are each listed aggravating factors, 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 use 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, those that turn on the absence of a valid FOID card or a valid Concealed Carry License, continue to be charged. 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 Aggravated UUW Relates to Simple UUW
Simple Unlawful Use of a Weapon under 720 ILCS 5/24-1 and Aggravated Unlawful Use of a Weapon under 720 ILCS 5/24-1.6 are related but distinct. The simple 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 use of a weapon and aggravated unlawful use 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 Use of a Weapon (AUUW) statute. 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 aggravated UUW from ordinary unlawful use of a weapon.
What is the difference between UUW and aggravated UUW?
Simple unlawful use of a weapon under 720 ILCS 5/24-1 covers a range of prohibited carrying and possession. Aggravated unlawful use 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, such as the firearm being uncased, loaded, and immediately accessible, or the person lacking a valid FOID card or a valid Concealed Carry License. The added factor is what elevates the charge.
What are the aggravating factors under 720 ILCS 5/24-1.6?
The most common aggravating factors are that the firearm was uncased, loaded, and immediately accessible; that the person had no valid FOID card; or that the person had no valid Concealed Carry License. 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 aggravated UUW offense in Illinois?
A first aggravated unlawful use 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, and probation is possible on a Class 4 felony. The fine can be up to $25,000. Sentencing depends on the specific facts and the court.
Is aggravated UUW ever a Class 2 felony?
Yes. When the person has a prior felony conviction, aggravated unlawful use of a weapon can be charged as a Class 2 felony, which carries a sentencing range of 3 to 7 years. The prior record is what raises the class and the potential sentence above the first-offense level.
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 or a valid CCL is one of the aggravating factors that can support a 720 ILCS 5/24-1.6 charge.
Did People v. Aguilar strike down aggravated UUW?
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 aggravated UUW result in probation instead of prison?
A first aggravated unlawful use of a weapon offense is a Class 4 felony, and probation is possible on a Class 4 felony. 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 an aggravated UUW 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 use of a weapon and aggravated UUW cases, or explore the full range of criminal defense matters the firm handles across Central Illinois.