Illinois has some of the strictest gun laws in the United States. Whether you are a long-time firearm owner or new to gun ownership, it’s important to understand what qualifies as illegal possession under state law. Misunderstanding these regulations can lead to serious criminal charges, fines, or even imprisonment.

What Is Considered Illegal Possession in Illinois?

In Illinois, you must hold a valid Firearm Owner’s Identification (FOID) card to legally possess or purchase firearms or ammunition. Possessing a gun without this card is a criminal offense. Even with a FOID card, certain restrictions apply.

You may face illegal possession charges if you:

• Have a firearm without a valid FOID card.
• Are under 21 and possess a firearm without parental consent or supervision.
• Possess a firearm while under a restraining order, convicted of a felony, or found mentally unfit.
• Carry a concealed weapon without a valid Concealed Carry License (CCL).
• Possess a firearm in prohibited locations, such as schools, courthouses, or public parks.

Illinois also enforces strict registration and transport laws. For example, all firearms must be unloaded and enclosed in a case during transport unless you have a valid CCL.

Penalties for Illegal Gun Possession

Penalties vary based on the nature of the offense. Possessing a firearm without a FOID card is typically a Class A misdemeanor, but repeat or aggravated offenses can escalate to felony charges with mandatory prison time. Additional penalties may apply if the firearm was loaded, stolen, or used during the commission of another crime.

Defending Against Gun Possession Charges

If you are charged with illegal gun possession, it’s vital to act quickly. Legal defenses may include proving you had a valid FOID or CCL, showing unlawful search and seizure by law enforcement, or demonstrating that you did not knowingly possess the firearm.

At Daniel G. Berry, Attorney at Law, we can provide legal assistance to the Chicago public. Our firm understands how high the stakes are when it comes to gun-related offenses and works to protect your rights and future.