How much jail time do you get for possession of a gun?
No FOID/CCL card and the gun is loaded:
1-3 years prison (no probation even with ZERO background);
No FOID/CCL card and the gun is unloaded
Probation or 1-3 years prison
Felony background:
3-7 years in prison
If you have a FOID card but no concealed carry license:
Up to 1 year in jail- class A misdemeanor.
What happens if you get caught with a gun in Illinois?
No FOID/CCL card and the gun is loaded:
1-3 years prison (no probation even with ZERO background);
No FOID/CCL card and the gun is unloaded
Probation or 1-3 years prison
Felony background:
3-7 years in prison
If you have a FOID card but no concealed carry license:
Up to 1 year in jail- class A misdemeanor.
How long is a gun charge in Chicago?
Anywhere from 3-7 years in prison, 1-4 years in prison, or up to 1 year in county jail.
Is unlawful possession of a firearm a felony?
Yes, if:
- you do not have a Firearm Identification card
- You have a felony conviction on your criminal record.
- You are under 21
The penalty for illegal gun possession in Illinois
Anywhere from 3-7 years in prison, 1-4 years in prison, or up to 1 year in county jail.
What is the penalty for illegal gun possession?
Anywhere from 3-7 years in prison, 1-4 years in prison, or up to 1 year in county jail.
What happens if you get caught with a gun in Illinois?
You’re either looking at a non-probation eligible felony carrying 1-3 or 3-7 years in prison or a class A misdemeanor with the possibility of up to 1 year in county jail.
What is the penalty for carrying a concealed weapon in Illinois?
If you do not have a concealed carry license or a FOID: prison for 1-3 or 3-7 years
If you have a FOID and the gun is unloaded- possibility of up to 1 year in county jail.
Can you get a FOID card in Illinois if you have a felony?
No. However, if your felony was non-violent and occured 20 years ago or more, you can appeal to the Director of the Illinois State Police to obtain a FOID card.
What If I'm Caught Carrying an Illegal Firearm in Illinois?
Depends on what type of illegal firearm you’re talking about.
- Automatic Weapon/Machine gun: 3-7 years prison, not eligible for probation. Sentence goes up to 6-30 (Class X) if the machine gun or automatic weapon is loaded and in a car.
- Sawed-off shotgun: (barrel less than 18 inches of less): probation OR 2-5 years prison (class 3 felony).
- Firearm with defaced serial number: probation OR 2-5 years prison (class 3 felony).
- Any weapon made from a shotgun or rifle that by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches.Probation OR 2-5 years prison (class 3 felony).
- Firearm Silencer/Suppressor: probation OR 2-5 years prison (class 3 felony).
First-time gun charge in Illinois
First-time gun offender program Illinois
There is a first time gun offender program in Illinois that can prevent you from being convicted and imprisoned for an Aggravated Unlawful Use of Weapon. However, in order to be eligible for this program, you:
-are 20 years old or younger
-have no prior convictions or juvenile adjudications for a violent offense
-were not involved in the commission of a violent offense during your arrest
-have an active order of protection against you
-have never completed the first time gun offender program previously
The penalty for carrying a concealed weapon without a permit in Illinois
If you have a FOID card- up to 1 year in jail
Without a FOID card- 1-3 years prison is loaded, felony probation or 1-3 years prison if unloaded
How many years for a gun charge in Chicago?
No FOID/CCL card and the gun is loaded:
1-3 years prison (no probation even with ZERO background);
No FOID/CCL card and the gun is unloaded
Probation or 1-3 years prison
Felony background:
3-7 years in prison
If you have a FOID card but no concealed carry license:
Up to 1 year in jail- class A misdemeanor.
In 2019, the following gun laws take effect:
-mandatory 72 hour waiting period for all firearm purchases, not just handguns
-Firearm Restraining Order Act- allows family members and/or law enforcement to petition the Court to take away a legally owned firearms from a person who is deemed a danger to themselves or others due to their access to firearms.
So called “Bumpstocks” are illegal/banned (Federal law).
Illinois shooting laws on own property
Residential area/into the air: Will be charged with Reckless Discharge- Probation or 1-3 years prison
Residential area/rural area into the direction of an occupied building, vehicle, or person- Aggravated Discharge of a Firearm- probation or 4-15 years prison.
Illegal possession of firearm
No FOID/CCL card and the gun is loaded:
1-3 years prison (no probation even with ZERO background);
No FOID/CCL card and the gun is unloaded
Probation or 1-3 years prison
Felony background:
3-7 years in prison
If you have a FOID card but no concealed carry license:
Up to 1 year in jail- class A misdemeanor.
List of illegal guns in Illinois
- Automatic Weapon/Machine gun: 3-7 years prison, not eligible for probation. Sentence goes up to 6-30 (Class X) if the machine gun or automatic weapon is loaded and in a car.
- Sawed-off shotgun: (barrel less than 18 inches of less): probation OR 2-5 years prison (class 3 felony).
- Firearm with defaced serial number: probation OR 2-5 years prison (class 3 felony).
- Any weapon made from a shotgun or rifle that by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches.Probation OR 2-5 years prison (class 3 felony).
- Firearm Silencer/Suppressor: probation OR 2-5 years prison (class 3 felony).