ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/24-3.1 (2026)

Unlawful possession of firearms and firearm ammunition

✓ current as of May 2026
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(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
    Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition.
    (a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:
        (1) He is under 18 years of age and has in his
    
possession any firearm of a size which may be concealed upon the person; or
        (2) He is under 21 years of age, has been convicted
    
of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or
        (3) He is a narcotic addict and has any firearms or
    
firearm ammunition in his possession; or
        (4) He has been a patient in a mental institution
    
within the past 5 years and has any firearms or firearm ammunition in his possession. For purposes of this paragraph (4):
            "Mental institution" means any hospital,
        
institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.
            "Patient in a mental institution" means the
        
person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or
        (5) He is a person with an intellectual disability
    
and has any firearms or firearm ammunition in his possession; or
        (6) He has in his possession any explosive bullet.
    For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
    (b) Sentence.
    Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
    (c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
(Source: P.A. 99-143, eff. 7-27-15.)

    
Notes of Decisions
Cited in 69 cases (14 in the last 5 years), 1993–2025 · leading case: People v. Aguilar, 944 N.E.2d 816 (Ill. App. Ct. 2011).
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People v. Aguilar, 944 N.E.2d 816 (Ill. App. Ct. 2011). · cites it 4× “6 (West 2008)) and unlawful possession of a firearm (720 ILCS 5/24-3.1 (West 2008)); (2) the AUUW statute was amended by Public Act 96-742, which took effect on August 29, 2009; and (3) the amended AUUW statute permits a person to carry a loaded firearm "on the land or in the…”
People v. Aguilar, 2013 IL 112116 (Ill. 2013). · cites it 2× “]” 720 ILCS 5/24-3.1(a)(1) (West 2008).4 According to defendant, at the time the second amendment was drafted and ratified, the right to keep and bear arms extended to persons 16 and 17 years of age.”
United States v. Yancey, 621 F.3d 681 (7th Cir. 2010). “§ 18-3302 (1)(e); 720ILCS5/24-3.1 (a)(3); Ind.Code § 35-47-1-7(5); Kan.”
People v. Aguilar, 2013 IL 112116 (Ill. 2014). · cites it 2× “6(a)(1), (a)(3), (d) and unlawful possession of a firearm (UPF) (720 ILCS 5/24-3.1(a)(1) (West 2008)). The trial court sentenced defendant to 24 months’ probation for the AUUW conviction and did not impose sentence on the UPF conviction.”
In re M.I., 2013 IL 113776 (Ill. 2013). “6(a)(1) (West 2008)) and one count of unlawful possession of firearms (720 ILCS 5/24-3.1(a)(1) (West 2008)). On May 5, 2009, the State filed a motion to designate the proceeding as an EJJ prosecution pursuant to section 5-810 of the Juvenile Court Act of 1987.”
In re Nasie M., 2015 IL App (1st) 151678 (Ill. App. Ct. 2016). · cites it 2× “” 720 ILCS 5/24-3.1(a) (West 2012). In addition, the AUUW count, as charged, also requires proof that Nasie possessed a firearm.”
People v. Smolley, 2018 IL App (3d) 150577 (Ill. App. Ct. 2018). “Smolley was 15 years old, he was charged with unlawful possession of a firearm ( 720 ILCS 5/24-3.1(a)(1) (West 2004) ) and four counts of first degree murder ( id.”
In Re Sm, 807 N.E.2d 1102 (Ill. App. Ct. 2004). · cites it 5× “720 ILCS 5/24-3.1 (West 2000). A person under the age of 18 convicted of possessing a handgun in violation of the unlawful possession of firearms statute commits a Class 4 felony.”
People v. Smith, 2021 IL App (1st) 200984 (Ill. App. Ct. 2021). “6(a)(1), (a)(3)(A), (d) (West 2010); 720 ILCS 5/24-3.1(a)(1) (West 2010). The offense of AUUW was found to be facially unconstitutional in People v.”
In re D.L., 2018 IL App (1st) 171764 (Ill. App. Ct. 2020). “6(a)(1) (West 2016)), and a Class 4 felony of unlawful possession of a firearm (720 ILCS 5/24-3.1(a)(l) (West 2016)). ¶3 On April 24, 2017, respondent filed a motion to quash his arrest and suppress evidence, alleging that he was subjected to an unreasonable search and seizure.”
People v. Henderson, 2013 IL App (1st) 113294 (Ill. App. Ct. 2014). “However, Aguilar made clear, “we are in no way saying that such a right is unlimited or is not subject to meaningful regulation” (Aguilar, 2013 IL 112116 , ¶ 21), then remanded the cause to the trial court for imposition of a sentence on the defendant’s unlawful possession of a…”
Guns Save Life, Inc. v. Kelly, 2025 IL App (4th) 230662 (Ill. App. Ct. 2025). · cites it 3× “1 of the Criminal Code *** [(720 ILCS 5/24-3.1 (West 2022))], from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers.”
Show all 69 citing cases →
— 720 ILCS 5/24-3.1(a) — 2 cases
In re Nasie M., 2015 IL App (1st) 151678 (Ill. App. Ct. 2016). “” 720 ILCS 5/24-3.1(a) (West 2012). In addition, the AUUW count, as charged, also requires proof that Nasie possessed a firearm.”
In re Bruce M., 2024 IL App (5th) 240441-U (Ill. App. Ct. 2024).
— 720 ILCS 5/24-3.1(a)(1) — 48 cases
People v. Aguilar, 944 N.E.2d 816 (Ill. App. Ct. 2011). “6 (West 2008)) and unlawful possession of a firearm (720 ILCS 5/24-3.1 (West 2008)); (2) the AUUW statute was amended by Public Act 96-742, which took effect on August 29, 2009; and (3) the amended AUUW statute permits a person to carry a loaded firearm "on the land or in the…”
People v. Aguilar, 2013 IL 112116 (Ill. 2014). “6(a)(1), (a)(3), (d) and unlawful possession of a firearm (UPF) (720 ILCS 5/24-3.1(a)(1) (West 2008)). The trial court sentenced defendant to 24 months’ probation for the AUUW conviction and did not impose sentence on the UPF conviction.”
People v. Aguilar, 2013 IL 112116 (Ill. 2013). “]” 720 ILCS 5/24-3.1(a)(1) (West 2008).4 According to defendant, at the time the second amendment was drafted and ratified, the right to keep and bear arms extended to persons 16 and 17 years of age.”
In re M.I., 2013 IL 113776 (Ill. 2013). “6(a)(1) (West 2008)) and one count of unlawful possession of firearms (720 ILCS 5/24-3.1(a)(1) (West 2008)). On May 5, 2009, the State filed a motion to designate the proceeding as an EJJ prosecution pursuant to section 5-810 of the Juvenile Court Act of 1987.”
People v. Smolley, 2018 IL App (3d) 150577 (Ill. App. Ct. 2018). “Smolley was 15 years old, he was charged with unlawful possession of a firearm ( 720 ILCS 5/24-3.1(a)(1) (West 2004) ) and four counts of first degree murder ( id.”
— 720 ILCS 5/24-3.1(a)(2) — 6 cases
People v. Wilson, 2017 IL App (3d) 150165 (Ill. App. Ct. 2017).
People v. McCorkle, 2025 IL App (5th) 230238 (Ill. App. Ct. 2025).
In re Angel P., 2014 IL App (1st) 121749 (Ill. App. Ct. 2014).
People v. Weyrick, 2022 IL App (3d) 200098-U (Ill. App. Ct. 2022).
In re Angel P., 2014 IL App (1st) 121749 (Ill. App. Ct. 2014).
— 720 ILCS 5/24-3.1(a)(3) — 1 case
United States v. Matthew Yancey (7th Cir. 2010).
— 720 ILCS 5/24-3.1(a)(4) — 1 case
Guns Save Life, Inc. v. Kelly, 2025 IL App (4th) 230662 (Ill. App. Ct. 2025). “1 of the Criminal Code *** [(720 ILCS 5/24-3.1 (West 2022))], from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers.”
— 720 ILCS 5/24-3.1(a)(l) — 3 cases
In re D.L., 2018 IL App (1st) 171764 (Ill. App. Ct. 2020). “6(a)(1) (West 2016)), and a Class 4 felony of unlawful possession of a firearm (720 ILCS 5/24-3.1(a)(l) (West 2016)). ¶3 On April 24, 2017, respondent filed a motion to quash his arrest and suppress evidence, alleging that he was subjected to an unreasonable search and seizure.”
In re D.L., 2017 IL App (1st) 171764 (Ill. App. Ct. 2017).
In re D.L., 2017 IL App (1st) 171764 (Ill. App. Ct. 2018).
— 720 ILCS 5/24-3.1(b) — 7 cases
In Re Sm, 807 N.E.2d 1102 (Ill. App. Ct. 2004). “720 ILCS 5/24-3.1 (West 2000). A person under the age of 18 convicted of possessing a handgun in violation of the unlawful possession of firearms statute commits a Class 4 felony.”
In re Tyreke H., 2017 IL App (1st) 170406 (Ill. App. Ct. 2018).
People v. Wilson, 2017 IL App (3d) 150165 (Ill. App. Ct. 2017).
People v. Wilson, 2017 IL App (3d) 150165 (Ill. App. Ct. 2017).
People v. Tyreke H. (In Re Tyreke H.), 2017 IL App (1st) 170406 (Ill. App. Ct. 2017).
— 720 ILCS 5/24-3.1(c) — 2 cases
People v. Aguilar, 2013 IL 112116 (Ill. 2013). “]” 720 ILCS 5/24-3.1(a)(1) (West 2008).4 According to defendant, at the time the second amendment was drafted and ratified, the right to keep and bear arms extended to persons 16 and 17 years of age.”
People v. Aguilar, 2013 IL 112116 (Ill. 2013).
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