Feb 19

A man from Normal, Illinois faces multiple felony charges after displaying a firearm in a social media post, according to an article by The Pantagraph. With a previous conviction for aggravated unlawful use of a weapon on his record, this man lost the right to possess firearms. 

According to the authorities, this Normal man posted a video on social media appearing to be in possession of a firearm. When law enforcement later arrested this man on February 18, they discovered four different firearms. As a result, the Normal man faces four criminal charges for unlawful possession of a firearm by a felon. 

Instead of posting in bail, the Normal man remains in police custody, awaiting an arraignment scheduled for March 19. In the interim, it seems like a proper occasion to review an applicable Illinois statute. 

Illinois Laws Against Possession of a Firearm by a Felon

720 ILCS 5/24-1.1 explains the Illinois laws against possession of a firearm by a felon. This section makes it unlawful for any person:

  • With a previous felony conviction to possess firearms or ammunition on their person, at home, or a place of business; or
  • In the custody of the Illinois Department of Corrections to possess firearms or ammunition, without regard to intent or necessity.

That being said, there is an exception to Section 24-1.1. This section does not apply to:

  • Previous felons, if granted relief by the Director of the Department of State Police pursuant to the Firearm Owners Identification Card Act; or
  • Confined felons, if specifically authorized by rule, order, regulation, or directive of the Illinois Department of Corrections.

Illinois Penalties for Possession of a Firearm by a Felon

Section 24-1.1 also clarifies the Illinois penalties for possession of a firearm by a felon. Though the punishment does change based on the type of violation in question. 

The following penalty scheme applies to a previous felon who unlawfully possesses a firearm:

  • First Offense — Results in Class 3 felony charges, between two and 10 years in prison, and up to $25,000 in criminal fines; or
  • Second or Subsequent Offense — Results in Class 2 felony charges, between three and 14 years in prison, and up to $25,000 in criminal fines.

The following penalty scheme applies to a confined felon who unlawfully possesses a:

  • Firearm or Ammunition — Results in Class X felony charges, between six and 30 years in prison, and up to $25,000 in criminal fines; or
  • Machine Gun — Results in Class 2 felony charges, between 12 and 50 years in prison, and up to $25,000 in criminal fines.

Do You Need Legal Help?

No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.

The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.