Understanding Illinois Unlawful Use of Weapons Charges: Penalties, Defenses, and Your Rights in Will County in 2026

 Posted on February 20, 2026 in Gun Crimes

If you're facing unlawful use of weapons charges in Will County, understanding Illinois gun laws and potential defenses is essential to protecting your freedom and future. Illinois has some of the strictest firearms laws in the nation, and unlawful use of weapons under 720 ILCS 5/24-1 carries serious penalties ranging from misdemeanors to serious felonies depending on circumstances. As a Will County criminal defense attorney with over 20 years of experience including my time as a former Will County prosecutor, I've successfully defended hundreds of clients against weapons charges in Joliet and throughout Will County. Many people don't realize they're violating weapons laws until they're arrested, and the consequences can include prison time, permanent felony records, and lifetime loss of firearm rights.

What Illinois Law Defines as Unlawful Use of Weapons

Illinois law under 720 ILCS 5/24-1 prohibits numerous specific actions involving weapons. You commit unlawful use of weapons if you knowingly sell, manufacture, purchase, possess, or carry any bludgeon, black-jack, slung-shot, metal knuckles, throwing star, or any knife with a blade exceeding three inches. You violate the law by carrying or possessing with intent to use any dagger, dirk, dangerous knife, razor, stiletto, broken bottle, or other dangerous weapon in a threatening manner. You commit UUW by carrying on or about your person or in any vehicle any pistol, revolver, stun gun, taser, or firearm without a valid FOID card. You violate the statute by carrying or possessing a firearm in any vehicle or concealed on your person without a valid concealed carry license. Additional prohibited conduct includes possessing firearms with altered or removed serial numbers, possessing silencers, carrying firearms in prohibited locations like schools or government buildings, and selling firearms without required licenses.

Classification and Penalties for UUW Offenses

Unlawful use of weapons charges range from Class A misdemeanors to Class 1 felonies based on the specific violation. Carrying a dangerous weapon other than a firearm like brass knuckles or a knife exceeding three inches is a Class A misdemeanor punishable by up to 364 days in county jail and fines up to $2,500. Possessing a firearm without a FOID card is a Class A misdemeanor for first offenses but becomes a Class 4 felony for subsequent violations carrying 1 to 3 years in prison. Carrying a loaded accessible firearm in any vehicle without a valid concealed carry license is a Class 4 felony. Possessing firearms with removed or altered serial numbers is a Class 3 felony punishable by 2 to 5 years in prison. Unlawful use of weapons by a felon is a Class 2 felony carrying 3 to 7 years in prison with mandatory prison time. Aggravated unlawful use of weapons is a Class 4 felony unless enhanced by gang affiliation or prior felony convictions elevating charges to Class 2 or Class 1 felonies.

FOID Card Requirements and Violations

Illinois requires all firearm and ammunition owners to possess a valid Firearm Owner's Identification Card under 430 ILCS 65/1. You must have a FOID card to purchase, possess, or use firearms or ammunition in Illinois with limited exceptions for law enforcement and military personnel. FOID cards require applicants to be at least 21 years old or have parental consent at 18, provide proof of Illinois residence, submit fingerprints and photos, pass criminal background checks including federal NICS databases, and pay application fees. Disqualifying factors include felony convictions, certain misdemeanor convictions involving domestic violence or weapons, mental health commitments, active orders of protection, outstanding warrants, and illegal immigration status. Possessing firearms without a valid FOID card is a Class A misdemeanor for first offenses but subsequent violations within five years become Class 4 felonies. Police routinely check for FOID cards during traffic stops making this a common charge in Will County.

Concealed Carry Licensing in Illinois

Illinois issues concealed carry licenses under 430 ILCS 66/1 allowing qualified individuals to carry loaded concealed firearms. Concealed carry licenses require applicants to complete 16 hours of firearms training from approved instructors, pass written and range qualification tests, submit fingerprints and photos, pay $150 application fees for five-year licenses, and meet all FOID card eligibility requirements. Additional disqualifying factors include restraining orders, pending criminal charges, and certain traffic violations. Carrying concealed without a license is a Class 4 felony even if you possess a valid FOID card. Licensed carriers still face restrictions on carrying firearms in prohibited locations including schools, government buildings, public transportation, hospitals, stadiums, bars serving alcohol, and private property with posted signage prohibiting firearms.

Aggravated Unlawful Use of Weapons

Aggravated unlawful use of weapons under 720 ILCS 5/24-1.6 is a more serious offense involving firearms carried in specific circumstances. You commit aggravated UUW if you carry or possess a firearm on your person or in any vehicle without a valid FOID card or concealed carry license while on any public street, alley, or public land. The charge requires proof you were outside private property when arrested with the firearm. Aggravated UUW is a Class 4 felony but increases to Class 2 felony if you have prior felony convictions or are a documented gang member. Defenses include proving the firearm was properly secured in a case unloaded and inaccessible, you were transporting firearms directly to lawful destinations like gun ranges, you were on private property, or you possessed valid licenses. Many aggravated UUW charges arise from vehicle searches during traffic stops in Joliet.

Common Defenses to Unlawful Use of Weapons Charges

Experienced Will County criminal defense attorneys employ numerous defenses against UUW charges. Constitutional challenges based on illegal searches and seizures under the Fourth Amendment can result in evidence suppression when police lacked probable cause to search your vehicle or person. Challenging whether you knowingly possessed weapons is effective when firearms belong to other vehicle occupants or you had no knowledge weapons were present. Proving you possessed valid FOID cards or concealed carry licenses that police failed to discover can result in dismissals. Demonstrating weapons were properly secured in cases unloaded and not immediately accessible satisfies statutory exceptions. Establishing you were transporting firearms for lawful purposes directly to shooting ranges or hunting areas supports affirmative defenses. Negotiating with Will County prosecutors to reduce charges from felonies to misdemeanors or obtain court supervision protects your record and gun rights.

Impact of UUW Convictions on Gun Rights

Unlawful use of weapons convictions create serious long-term consequences for firearm ownership rights. Any felony conviction permanently prohibits you from possessing firearms or ammunition under both Illinois and federal law at 18 USC 922(g). The Illinois State Police will revoke your FOID card immediately upon felony conviction. You cannot regain Illinois gun rights after felony UUW convictions without obtaining pardons from the Governor or relief through federal firearms disability removal proceedings which are extremely difficult and expensive. Misdemeanor UUW convictions may result in temporary FOID revocations depending on the specific violation. Federal law also prohibits firearm possession for anyone convicted of misdemeanor domestic violence offenses. Employment background checks reveal weapons convictions creating barriers to jobs requiring security clearances or professional licenses.

UUW Charges During Traffic Stops in Will County

Many unlawful use of weapons charges in Will County arise from traffic stops where police discover firearms during vehicle searches. Interstate 80 running through Joliet sees heavy Illinois State Police enforcement with frequent vehicle searches. During routine traffic stops for speeding or equipment violations, officers often request consent to search vehicles or claim they smell cannabis justifying searches. Police find firearms in center consoles, glove boxes, under seats, or in trunks during these searches. If you cannot produce valid FOID cards and concealed carry licenses immediately, officers arrest you for UUW even if you own the firearms legally. Many defendants face aggravated UUW charges when firearms are loaded and accessible during traffic stops. Challenging whether police had legal justification to search your vehicle provides strong defenses in traffic stop UUW cases.

UUW and Gang-Related Enhancements

Illinois law enhances UUW penalties when defendants are documented gang members or weapons charges occur in furtherance of gang activities. Prosecutors seek enhanced sentences under 720 ILCS 5/24-1.8 for unlawful use of weapons by street gang members, increasing base Class 4 felonies to Class 1 felonies carrying 4 to 15 years in prison. Gang enhancements require prosecutors to prove you are a documented gang member through police databases showing tattoos, associations, prior arrests in gang territories, or admissions. Defending against gang enhancements involves challenging the reliability of police gang databases, contesting whether your associations constitute actual gang membership, and demonstrating weapons possession was unrelated to any gang purpose.

Juvenile UUW Charges and Consequences

Juveniles under 18 face serious consequences for unlawful use of weapons charges. Illinois law allows prosecution of juveniles 13 and older as adults for certain weapons offenses under 705 ILCS 405/5-130 including aggravated unlawful use of weapons and UUW involving schools. Juveniles prosecuted as adults face the same felony penalties including prison sentences and permanent criminal records. Juveniles remaining in juvenile court face adjudications of delinquency, probation, and placement in Illinois Department of Juvenile Justice facilities. Defending juveniles against UUW charges focuses on keeping cases in juvenile court through transfer hearings, negotiating supervision rather than adjudication, and seeking expungement after successful probation completion.

Protecting Your Gun Rights After UUW Arrests

If you're arrested for unlawful use of weapons, taking immediate action protects your rights and firearm ownership privileges. Do not make statements to police about weapon ownership without an attorney present. Contact an experienced Will County criminal defense attorney immediately before appearing in bond court. Gather documentation of valid FOID cards, concealed carry licenses, and proof of lawful firearm ownership. Avoid posting about firearms on social media as prosecutors use this evidence at trial. Understand that even legal gun owners can face UUW charges through technical violations of complex statutes. Working with attorneys experienced in Illinois weapons laws provides your best chance of avoiding convictions and protecting gun rights.

If you've been arrested for unlawful use of weapons or any firearms-related charge in Will County, contact the Law Office of Jack L. Zaremba immediately for a free consultation. We provide aggressive defense against all weapons charges in Joliet, Plainfield, Bolingbrook, Romeoville, and throughout Will County. Our experience as former prosecutors gives us insight into how the state builds weapons cases. Visit our contact page or call 815-740-4025.