CHAPTER 720, ILCS 5/ - CRIMINAL CODE OF 2012

720 ILCS 5/24-1.6

Sec. 24-1.6. Aggravated unlawful use of a weapon.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Class 2 Felony

3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Detention Eligible (725 ILCS 5/110-6.1)

Detention Eligible: The State's Attorney may petition the court for denial of pretrial release under 725 ILCS 5/110-6.1 (Firearm). Standard: Real and present threat to physical safety of any person.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class 2 Felony
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Detention Eligible (Firearm)
SOS Reporting Code None Assigned
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Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Aggravated unlawful use of a weapon Class 2 Felony Rule 551 Mandate Detainable
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 24-1.6. Aggravated unlawful use of a weapon.

(a)

(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly: (1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her 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 that person's permission, any pistol, revolver, stun gun or taser or other firearm; and (3) One of the following factors is present: (A) the firearm, other than a handgun possessed in accordance with the Firearm Concealed Carry Act, was uncased, loaded, and immediately accessible; or (B) the firearm was uncased, unloaded, and the ammunition for the weapon was immediately accessible; or (C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card.

(d)

(d) Sentence. (1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

Cross-Referenced ILCS Codes