Comprehensive Guide to Illinois UUW and AGG UUW Violations

Under Illinois law, a person can pick up a uuw charge if he “knowingly … carries or possesses in any vehicle or concealed on or about his person except when on his land or in his 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.” 720 ILCS 5/24-1(a)(4).

Yes. UUW does not apply to you if you are transporting weapons and meet one of the following conditions:
i) The firearm is broken down in a non-functioning state; or
ii) The firearm is not immediately accessible; or
iii) The firearm is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card; or
iv) The firearm is carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act. 720 ILCS 5/24-1(a)(4).

UUW is a Class A misdemeanor. Misdemeanors are crimes that are punishable by less than 1 year of imprisonment in the county jail. However, a second or subsequent offense for Unlawful Use of a Weapon is a Class 3 felony. 720 ILCS 5/24-1(b).

The crime is not that you “owned” the gun. The crime is that you had the gun in your possession. It is not a defense to possession of a gun that you did not own it. So, saying that the gun belong to your brother, cousin, or friend will still result in you being charged with the gun.

Yes. Since UUW is a Class A Misdemeanor in Illinois, if you are charged with this offense, you are eligible for a sentence of probation of up to 24 months. 730 ILCS 5/5-4.5-55(d). Not only are you eligible for probation, but Illinois law recommends it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).

A person found guilty of Unlawful Use of a Weapon can be sentenced be sentenced up to 364 days in the county jail.

Generally, you cannot get court supervision if you are charged with the class A version of UUW (under paragraphs (a)(1) through (5), (8), (10), and (11). 730 ILCS 5/5-6-1(c). If your goal is to get supervision, then you would need to amend the charge to a violation of the FOID Act (430 ILCS 65/2(a)(1).

Under Illinois law, the State can charge you with an agg UUW if you commit a UUW and any one of the following aggravating factors is present:
(A) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
(B) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
(C) the person possessing the firearm has not been issued a currently valid Firearm Owner’s Identification Card; or
(D) the person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or
(E) the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
(G) the person possessing the weapon had an order of protection issued against him or her within the previous 2 years; or
(H) the person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
(I) the person was under 21 years of age and in possession of a handgun, and not engaged in lawful activities under the Wildlife Code or in the military, or part of a firearm club or organization. 720 ILCS 5/24-1.6.

Aggravated UUW is a Class 4 felony. 720 ILCS 5/24-1.6(d)(1). If this is your second or subsequent offense, Agg. UUW is a Class 2 felony.

In most cases, yes. Since Aggravated UUW is a Class 4 Felony in Illinois, if you are charged with this offense, you are eligible for a sentence of probation of up to 30 months. 730 ILCS 5/5-4.5-40(d). Not only are you eligible for probation, but Illinois law suggests it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).

If you 1) are out in public, 2) possess a firearm that is uncased, loaded, and immediately accessible to you, 3) have no FOID, and 4) have no Conceal Carry License, then you are looking at a mandatory prison sentence of 1 to 3 years on the Class 4 felony – Agg. UUW. 720 ILCS 5/24-1.6(d)(2).

No. Court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c). Note: Keep reading to find out about first time gun offender probation.

If you were found guilty of Aggravated Unlawful Use of a Weapon, and 1) you do not have a FOID; and 2) you were actively wearing or in possession of body armor, then the Aggravated Unlawful Use of a Weapon would be a Class X felony. 720 ILCS 5/24-1.6(d)(4).

Violations of the UUW and Aggravated UUW are 50% sentences. Illinois’ Truth-In-Sentencing law states that: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So if you received the imprisonment term of 2 years in the Illinois Department of Corrections, the most you would actually serve is 1 year assuming you do not receive any other credits.

Absolutely, because you should be represented by an attorney on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. 

Challenge that you “possessed” the firearm. At trial, the State must show that you knowingly possessed the gun. It is not enough that you were near the location where the gun was found. The State must present evidence that you knew the gun was there. Challenging whether the State can prove that you possessed the gun that they recovered is one way to beat a gun possession charge.
Self-Defense and/or Necessity. If you do not have a FOID or Conceal Carry license, and you momentarily grabbed a gun for the purposes of self-defense, then you should take a look at a recent court case captioned People v. Crowder, 2018 IL App (1st) 161226. In that case, 3 individuals attacked the defendant and the defendant’s father. The defendant grabbed his father’s gun and shot up in the air to scare the 3 assailants and to buy time and get away. The police ended up charging the defendant with Agg. UUW. The Appellate Court overturned the conviction, holding that both self-defense and necessity are valid defenses to unlawful possession of gun cases. Another good case on this issue is People v. Gullens, 2017 IL App (3d) 160668.

If there was some issue with the recovery of evidence in your case, a motion to suppress might be the solution. A criminal defense attorney can challenge the lawfulness of police conduct. If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper search. This could result in a dismissal of your case.

First Time Weapon Offender Program is one of the best resolutions for someone who cannot beat the case at trial or motion. A person who gets probation under 730 ILCS 5/5-6-3.6 must know that the program is 18 to 24 months long, and participants are required to stay clean from drugs, obtain a GED or fulltime employment, and a minimum of 50 hours of community service. The amazing part about the program is that if you successfully complete it, then your case is dismissed. That’s right: no felony conviction enters against you. For you to be eligible, the prosecutor must be in agreement with this resolution. So don’t upset them. #notlegaladvice. WARNING: This law is scheduled to end on January 1, 2023. By the time you read this, the program may no longer be available.

Under the Substance Use Disorder Act, a person can be sentenced to treatment as a condition of probation. Unlike First Time Weapon Offender Program, a felony conviction does enter against people who receive this resolution. The good news, however, is that “upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her.” 20 ILCS 301/40-10(e).

Many counties have diversion or deferred prosecution programs which are alternatives to the criminal justice system. Essentially, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the case that brought you to court would be dismissed. If the prosecutor is offering a diversion program, accepting and complying with the program is almost always the best possible result.

Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” A reduction from a felony gun charge to a misdemeanor violation of the FOID Act is a very good disposition.