ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/24-1.1 (2026)

Unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities

✓ current as of May 2026
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(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
    Sec. 24-1.1. Unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities.
    (a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Illinois State Police under Section 10 of the Firearm Owners Identification Card Act.
    (b) It is unlawful for any person confined in a penal institution, which is a facility of the Illinois Department of Corrections, to possess any weapon prohibited under Section 24-1 of this Code or any firearm or firearm ammunition, regardless of the intent with which he possesses it.
    (c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule, regulation, or directive of the Illinois Department of Corrections or order issued pursuant thereto.
    (d) The defense of necessity is not available to a person who is charged with a violation of subsection (b) of this Section.
    (e) Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person shall be sentenced to no less than 2 years and no more than 10 years. A second or subsequent violation of this Section shall be 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 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person not confined in a penal institution who has been convicted of a forcible felony, a felony violation of Article 24 of this Code or of the Firearm Owners Identification Card Act, stalking or aggravated stalking, or a Class 2 or greater felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections. Violation of this Section by a person not confined in a penal institution is a Class X felony when the firearm possessed is a machine gun. Any person who violates this Section while confined in a penal institution, which is a facility of the Illinois Department of Corrections, is guilty of a Class 1 felony, if he possesses any weapon prohibited under Section 24-1 of this Code regardless of the intent with which he possesses it, a Class X felony if he possesses any firearm, firearm ammunition or explosive, and a Class X felony for which the offender shall be sentenced to not less than 12 years and not more than 50 years when the firearm possessed is a machine gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F-1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
(Source: P.A. 102-538, eff. 8-20-21; 103-822, eff. 1-1-25.)

    
Notes of Decisions
Cited in 881 cases (463 in the last 5 years), 1995–2026 · leading case: People v. Baker, 2023 IL App (1st) 220328 (Ill. App. Ct. 2023).
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People v. Baker, 2023 IL App (1st) 220328 (Ill. App. Ct. 2023). · cites it 4× “720 ILCS 5/24-1.1(a) (West 2018). Defendant claims that the State failed to prove that the particular conviction that the State named in the indictment was an adult conviction because No.”
People v. Almond, 2015 IL 113817 (Ill. 2015). · cites it 9× “, a conviction for possession of the firearm and a separate conviction for the simultaneous possession of ammunition inside that firearm.”
People v. Wise, 2021 IL 125392 (Ill. 2021). · cites it 4× “1(a) of the Criminal Code of 2012 (Code) (720 ILCS 5/24-1.1(a) (West 2014)) makes it unlawful for a person who has been convicted of a felony in any jurisdiction to knowingly possess a firearm “on or about his person or on his land or in his own abode or fixed place of business.”
People v. Spencer, 2012 IL App (1st) 102094 (Ill. App. Ct. 2012). · cites it 4× “OPINION ¶1 Following a bench trial, the defendant, Terrence Spencer, was convicted of unlawful use of a weapon (720 ILCS 5/24-1.1 (West 2008)) and sentenced to serve three years in the Illinois Department of Corrections, with a recommendation for boot camp.”
People v. McFadden, 2016 IL 117424 (Ill. 2016). · cites it 7× “720 ILCS 5/24-1.1(a) (West 2008). The conviction was based on defendant Onaffia McFadden’s possession of a firearm at a time when he had been convicted of aggravated unlawful use of a weapon (AUUW).”
People v. McFadden, 2016 IL 117424 (Ill. 2016). · cites it 6× “720 ILCS 5/24-1.1(a) (West 2008). The conviction was based on defendant Onaffia McFadden’s possession of a firearm at a time when he had been convicted of aggravated unlawful use of a weapon (AUUW).”
Evans v. Cook Cnty. State's Attorney, 2021 IL 125513 (Ill. 2021). · cites it 3× “1(a) of the Criminal Code of 2012 (720 ILCS 5/24-1.1(a) (West 2018)). ¶6 Petitioner then filed a pro se complaint in the circuit court to have his firearm rights restored pursuant to section 10(c) of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/10(c)…”
People v. Anderson, 2018 IL App (4th) 160037 (Ill. App. Ct. 2018). · cites it 6× “BACKGROUND ¶ 3 On July 1, 2015, the State charged defendant with (1) armed violence ( 720 ILCS 5/33A-2(a), 33A-3(a) (West 2014) ) (count I), a Class X felony, for knowingly possessing cocaine ( 720 ILCS 570/402 (West 2014) ) while armed with a handgun; (2) unlawful possession of…”
People v. Anthony, 951 N.E.2d 507 (Ill. App. Ct. 2011). · cites it 9× “Defendant was arrested and charged by information with, among other things, two counts of unlawful possession of a weapon by a felon (720 ILCS 5/24-1.1 (West 2008)) and aggravated unlawful use of a weapon (720 ILCS 5/24-1.”
People v. Larue, 2014 IL App (4th) 120595 (Ill. App. Ct. 2014). · cites it 6× “On April 27, 2012, over 120 days after defendant's arrest date, the State also charged defendant with unlawful possession of a weapon by a felon (UPWF) (720 ILCS 5/24-1.1(a) (West 2010)). ¶2 Defendant's jury trial began on April 30, 2012, and continued on May 2, 2012.”
People v. Hartfield, 2022 IL 126729 (Ill. 2022). · cites it 2× “720 ILCS 5/24-1.1 (West 1996). Defendant was convicted of four counts, one for each firearm and each set of ammunition.”
People v. Smith, 2016 IL App (1st) 140496 (Ill. App. Ct. 2016). · cites it 3× “1(a) of the Criminal Code of 2012 (Code) (720 ILCS 5/24-1.1(a) (West 2012)). The sentencing portion of that statute provides, in relevant part, that violation of this section by a person not confined in a penal institution who has been convicted of a forcible felony is a Class 2…”
Show all 881 citing cases →
— 720 ILCS 5/24-1.1(A) — 1 case
People v. Scurlock, 2023 IL App (1st) 220829-U (Ill. App. Ct. 2023).
— 720 ILCS 5/24-1.1(a) — 756 cases
People v. Baker, 2023 IL App (1st) 220328 (Ill. App. Ct. 2023). “720 ILCS 5/24-1.1(a) (West 2018). Defendant claims that the State failed to prove that the particular conviction that the State named in the indictment was an adult conviction because No.”
People v. Wise, 2021 IL 125392 (Ill. 2021). “1(a) of the Criminal Code of 2012 (Code) (720 ILCS 5/24-1.1(a) (West 2014)) makes it unlawful for a person who has been convicted of a felony in any jurisdiction to knowingly possess a firearm “on or about his person or on his land or in his own abode or fixed place of business.”
People v. McFadden, 2016 IL 117424 (Ill. 2016). “720 ILCS 5/24-1.1(a) (West 2008). The conviction was based on defendant Onaffia McFadden’s possession of a firearm at a time when he had been convicted of aggravated unlawful use of a weapon (AUUW).”
People v. McFadden, 2016 IL 117424 (Ill. 2016). “720 ILCS 5/24-1.1(a) (West 2008). The conviction was based on defendant Onaffia McFadden’s possession of a firearm at a time when he had been convicted of aggravated unlawful use of a weapon (AUUW).”
Evans v. Cook Cnty. State's Attorney, 2021 IL 125513 (Ill. 2021). “1(a) of the Criminal Code of 2012 (720 ILCS 5/24-1.1(a) (West 2018)). ¶6 Petitioner then filed a pro se complaint in the circuit court to have his firearm rights restored pursuant to section 10(c) of the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/10(c)…”
— 720 ILCS 5/24-1.1(a)(1) — 1 case
People v. Swaggerty, 2022 IL App (2d) 200173-U (Ill. App. Ct. 2022).
— 720 ILCS 5/24-1.1(a)(2) — 2 cases
People v. Moss, 795 N.E.2d 208 (Ill. 2003).
People v. Webster, 2023 IL App (5th) 200384-U (Ill. App. Ct. 2023).
— 720 ILCS 5/24-1.1(b) — 8 cases
People v. Boston, 2016 IL App (1st) 133497 (Ill. App. Ct. 2016).
Illinois v. Keene, 693 N.E.2d 1273 (Ill. App. Ct. 1998).
People v. Dismuke, 2017 IL App (2d) 141203 (Ill. App. Ct. 2017).
People v. Wuebbels, 919 N.E.2d 1122 (Ill. App. Ct. 2009).
People v. Perry (Ill. App. Ct. 2010).
— 720 ILCS 5/24-1.1(e) — 107 cases
People v. Anthony, 951 N.E.2d 507 (Ill. App. Ct. 2011). “Defendant was arrested and charged by information with, among other things, two counts of unlawful possession of a weapon by a felon (720 ILCS 5/24-1.1 (West 2008)) and aggravated unlawful use of a weapon (720 ILCS 5/24-1.”
People v. Smith, 2016 IL App (1st) 140496 (Ill. App. Ct. 2016). “1(a) of the Criminal Code of 2012 (Code) (720 ILCS 5/24-1.1(a) (West 2012)). The sentencing portion of that statute provides, in relevant part, that violation of this section by a person not confined in a penal institution who has been convicted of a forcible felony is a Class 2…”
People v. Larue, 2014 IL App (4th) 120595 (Ill. App. Ct. 2014). “On April 27, 2012, over 120 days after defendant's arrest date, the State also charged defendant with unlawful possession of a weapon by a felon (UPWF) (720 ILCS 5/24-1.1(a) (West 2010)). ¶2 Defendant's jury trial began on April 30, 2012, and continued on May 2, 2012.”
People v. Hartfield, 2022 IL 126729 (Ill. 2022). “720 ILCS 5/24-1.1 (West 1996). Defendant was convicted of four counts, one for each firearm and each set of ammunition.”
People v. Easley, 2012 IL App (1st) 110023 (Ill. App. Ct. 2012).
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