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Illinois Compiled Statutes

720 ILCS 5/24-1.8 (2026)

Unlawful possession of a firearm by a street gang member

✓ current as of May 2026
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(720 ILCS 5/24-1.8)
    Sec. 24-1.8. Unlawful possession of a firearm by a street gang member.
    (a) A person commits unlawful possession of a firearm by a street gang member when he or she knowingly:
        (1) possesses, carries, or conceals on or about his
    
or her person a firearm and firearm ammunition while on any street, road, alley, gangway, sidewalk, or any other lands, except when inside his or her own abode or inside his or her fixed place of business, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang; or
        (2) possesses or carries in any vehicle a firearm
    
and firearm ammunition which are both immediately accessible at the time of the offense while on any street, road, alley, or any other lands, except when inside his or her own abode or garage, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang.
    (b) Unlawful possession of a firearm by a street gang member is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to no less than 3 years and no more than 10 years. A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the offense of unlawful possession of a firearm by a street gang member when the firearm was loaded or contained firearm ammunition and the court shall sentence the offender to not less than the minimum term of imprisonment authorized for the Class 2 felony.
    (c) For purposes of this Section:
        "Street gang" or "gang" has the meaning ascribed to
    
it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
        "Street gang member" or "gang member" has the meaning
    
ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 96-829, eff. 12-3-09.)

    
Notes of Decisions
Cited in 45 cases (20 in the last 5 years), 2014–2026 · leading case: People v. Villareal, 2023 IL 127318 (Ill. 2023).
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People v. Villareal, 2023 IL 127318 (Ill. 2023). · cites it 11× “8(a)(1) of the Criminal Code of 1961 (720 ILCS 5/24-1.8(a)(1) (West 2010)). The circuit court sentenced petitioner to four years in prison pursuant to a plea agreement.”
People v. Murray, 2019 IL 123289 (Ill. 2019). · cites it 5× “740 ILCS 147/10 (West 2012); see 720 ILCS 5/24-1.8(a)(1) (West 2012) (unlawful possession of a firearm by a street gang member statute providing that the term “street gang” has the meaning ascribed to it by the Act); 740 ILCS 147/10 (West 2012) (defining “streetgang,” including…”
People v. Figueroa, 2020 IL App (2d) 160650 (Ill. App. Ct. 2020). · cites it 3× “OPINION ¶1 Following a trial in the circuit court of Boone County, a jury found defendant, Ricardo Figueroa, guilty of three counts of first degree murder (720 ILCS 5/9-1(a)(1)-(3) (West 2012)), two counts of attempted first degree murder, unlawful possession of a firearm by a…”
People v. Villareal, 2021 IL App (1st) 181817 (Ill. App. Ct. 2021). · cites it 5× “On April 21, 2014, defendant entered pleas of guilty in both cases to the offenses of unlawful possession of a firearm by a street gang member and aggravated discharge of a weapon.”
People v. Lozano, 2017 IL App (1st) 142723 (Ill. App. Ct. 2017). · cites it 5× “See 720 ILCS 5/24-1.8 (West 2010); 740 ILCS 147/10 (West 2010).”
People v. Nixon, 2016 IL App (2d) 130514 (Ill. App. Ct. 2016). “1(a) (West 2012)), and one count of unlawful possession of a firearm by a street gang member (720 ILCS 5/24-1.8(a)(1) (West 2012)). The charges stemmed from an April 11, 2012, incident in which defendant was alleged to have gone to the residence at which Candice Bradley, the…”
People v. Lozano, 2017 IL App (1st) 142723 (Ill. App. Ct. 2017). · cites it 4× “See 720 ILCS 5/24-1.8 (West 2010); 740 ILCS 147/10 (West 2010).”
People v. Daniels, 2016 IL App (4th) 140131 (Ill. App. Ct. 2016). “2(a)(2) (West 2010)), possession of a firearm by a street gang member (720 ILCS 5/24-1.8(a)(1) (West 2010)), and unlawful possession of a weapon by a felon (720 ILCS 5/24-1.”
People v. Kyles, 2020 IL App (2d) 180087 (Ill. App. Ct. 2020). “] while armed with a firearm”; (3) unlawful possession of a firearm by a street gang member (720 ILCS 5/24-1.8(a)(2) (West 2010)); and (4) aggravated unlawful use of a weapon (UUW) (720 ILCS 4/24-1.”
People v. Murray, 2017 IL App (2d) 150599 (Ill. App. Ct. 2017). · cites it 3× “Murray, appeals his convictions of first-degree murder ( 720 ILCS 5/9-1(a)(2) (West 2012) ) and unlawful possession of a firearm by a street gang member ( 720 ILCS 5/24-1.8(a)(1) (West 2012) ), following a jury trial in the circuit court of Boone County.”
People v. Beck, 2019 IL App (1st) 161626 (Ill. App. Ct. 2019). · cites it 2× “8 (a)(1), (b) of the Criminal Code of 2012 (720 ILCS 5/24-1.8(a)(1), (b) (West 2014)), under which he was convicted, is unconstitutional because it impermissibly criminalizes a defendant’s status in violation of the eighth amendment; and (iii) the admission of a “certification”…”
People v. Quezada, 2022 IL App (2d) 200195 (Ill. App. Ct. 2022). “The State agrees, acknowledging that the conviction on count VII should be vacated because, where there was no evidence that the Spanish Gangster Disciples engaged in a course or pattern of criminal activity, it failed to establish a necessary element of the charge of unlawful…”
Show all 45 citing cases →
— 720 ILCS 5/24-1.8(a)(1) — 32 cases
People v. Villareal, 2023 IL 127318 (Ill. 2023). “8(a)(1) of the Criminal Code of 1961 (720 ILCS 5/24-1.8(a)(1) (West 2010)). The circuit court sentenced petitioner to four years in prison pursuant to a plea agreement.”
People v. Murray, 2019 IL 123289 (Ill. 2019). “740 ILCS 147/10 (West 2012); see 720 ILCS 5/24-1.8(a)(1) (West 2012) (unlawful possession of a firearm by a street gang member statute providing that the term “street gang” has the meaning ascribed to it by the Act); 740 ILCS 147/10 (West 2012) (defining “streetgang,” including…”
People v. Figueroa, 2020 IL App (2d) 160650 (Ill. App. Ct. 2020). “OPINION ¶1 Following a trial in the circuit court of Boone County, a jury found defendant, Ricardo Figueroa, guilty of three counts of first degree murder (720 ILCS 5/9-1(a)(1)-(3) (West 2012)), two counts of attempted first degree murder, unlawful possession of a firearm by a…”
People v. Nixon, 2016 IL App (2d) 130514 (Ill. App. Ct. 2016). “1(a) (West 2012)), and one count of unlawful possession of a firearm by a street gang member (720 ILCS 5/24-1.8(a)(1) (West 2012)). The charges stemmed from an April 11, 2012, incident in which defendant was alleged to have gone to the residence at which Candice Bradley, the…”
People v. Daniels, 2016 IL App (4th) 140131 (Ill. App. Ct. 2016). “2(a)(2) (West 2010)), possession of a firearm by a street gang member (720 ILCS 5/24-1.8(a)(1) (West 2010)), and unlawful possession of a weapon by a felon (720 ILCS 5/24-1.”
— 720 ILCS 5/24-1.8(a)(2) — 9 cases
People v. Kyles, 2020 IL App (2d) 180087 (Ill. App. Ct. 2020). “] while armed with a firearm”; (3) unlawful possession of a firearm by a street gang member (720 ILCS 5/24-1.8(a)(2) (West 2010)); and (4) aggravated unlawful use of a weapon (UUW) (720 ILCS 4/24-1.”
People v. Villareal, 2021 IL App (1st) 181817 (Ill. App. Ct. 2021). “On April 21, 2014, defendant entered pleas of guilty in both cases to the offenses of unlawful possession of a firearm by a street gang member and aggravated discharge of a weapon.”
People v. Mondragon, 2025 IL App (2d) 250125-U (Ill. App. Ct. 2025).
People v. Garcia, 2025 IL App (2d) 240449-U (Ill. App. Ct. 2025).
People v. Dominguez, 2025 IL App (2d) 240772-U (Ill. App. Ct. 2025).
— 720 ILCS 5/24-1.8(b) — 4 cases
People v. Villareal, 2021 IL App (1st) 181817 (Ill. App. Ct. 2021). “On April 21, 2014, defendant entered pleas of guilty in both cases to the offenses of unlawful possession of a firearm by a street gang member and aggravated discharge of a weapon.”
People v. Murray, 2017 IL App (2d) 150599 (Ill. App. Ct. 2018).
People v. Murray, 2017 IL App (2d) 150599 (Ill. App. Ct. 2017). “Murray, appeals his convictions of first-degree murder ( 720 ILCS 5/9-1(a)(2) (West 2012) ) and unlawful possession of a firearm by a street gang member ( 720 ILCS 5/24-1.8(a)(1) (West 2012) ), following a jury trial in the circuit court of Boone County.”
People v. Murray, 2017 IL App (2d) 150599 (Ill. App. Ct. 2018).
— 720 ILCS 5/24-1.8(c) — 6 cases
People v. Villareal, 2023 IL 127318 (Ill. 2023). “8(a)(1) of the Criminal Code of 1961 (720 ILCS 5/24-1.8(a)(1) (West 2010)). The circuit court sentenced petitioner to four years in prison pursuant to a plea agreement.”
People v. Figueroa, 2020 IL App (2d) 160650 (Ill. App. Ct. 2020). “OPINION ¶1 Following a trial in the circuit court of Boone County, a jury found defendant, Ricardo Figueroa, guilty of three counts of first degree murder (720 ILCS 5/9-1(a)(1)-(3) (West 2012)), two counts of attempted first degree murder, unlawful possession of a firearm by a…”
People v. Lozano, 2017 IL App (1st) 142723 (Ill. App. Ct. 2017). “See 720 ILCS 5/24-1.8 (West 2010); 740 ILCS 147/10 (West 2010).”
People v. Lozano, 2017 IL App (1st) 142723 (Ill. App. Ct. 2017). “See 720 ILCS 5/24-1.8 (West 2010); 740 ILCS 147/10 (West 2010).”
People v. Villareal, 2022 IL 127318 (Ill. 2023).
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