What Are the Consequences of Unlawful Use of a Weapon in Illinois?

 Posted on June 20, 2026 in Criminal Law

Across the United States, firearms and other weapons are highly regulated in an attempt to keep them out of the hands of wrongdoers and to keep citizens safe. The state of Illinois is no exception. Illinois has some relatively strict laws when it comes to the possession and use of firearms and other weapons.

A conviction for unlawful possession of a weapon (formerly "unlawful use of a weapon") charge is typically punishable as a misdemeanor. In some cases, it can even rise to the level of a felony, significantly raising the stakes. The severity of the charge will depend on the circumstances surrounding the incident, which is why it is important to discuss the details of your case with a skilled Arlington Heights, IL criminal defense lawyer. Scott F. Anderson, Attorney at Law, has over 25 years of experience, including experience as a prosecutor.

Firearm Violations Constitute an Unlawful Possession of a Weapon Charge

When it comes to the unlawful possession of weapons (UPW) charge in Illinois, there are various situations in which you could be charged with this crime. However, the most common reason people are charged with UPW is because of a firearm owner’s identification (FOID) card or a concealed carry violation.

In Illinois, any person who wishes to legally possess or purchase a firearm must apply for and obtain a FOID card. Gun owners who wish to carry their firearm on their person or transport it in their vehicle must receive a concealed carry permit stating that they are allowed to do so.

What Are the Weapon Violations Prosecuted in Illinois?

Illinois law covers a wide range of conduct under its unlawful possession of weapons statute. Many people are familiar with the basic charge of carrying a concealed firearm without a license, but the law goes much further than that. Examples of unlawful weapon possession include:

• Carrying or possessing a billy club or similar weapon inside a building occupied by a unit of government
• Possessing a silencer or any device designed to muffle the sound of a firearm
• Selling, buying, possessing, or carrying prohibited weapons 
• Carrying a tear gas device or noxious substance, with limited exceptions for personal defense items
• Carrying or possessing a dagger or razor with the intent to use it unlawfully
• Carrying or possessing a gun in a place of worship with the intent to use it unlawfully 

The range of conduct covered by this statute is broader than many people expect. In any of these cases, the prosecution has to prove that you committed the act "knowingly." 

What Are the Penalties for UPW Convictions in Illinois?

For the most part, the majority of UPW incidents will likely be charged as misdemeanors. However, there is a possibility that those misdemeanor charges could be increased to felony charges if your situation called for it. A person who is charged with unlawful possession of a weapon for a FOID card or concealed carry violation will likely be charged with a Class A misdemeanor (720 ILCS 5/24-1).

This means that he or she can face up to one year in jail and up to $2,500 in fines. A second violation is charged as a Class 4 felony, which carries a possible sentence of one to three years in prison and up to $25,000 in fines.

Will I Lose My FOID Card for a Criminal Conviction?

A criminal conviction can affect your ability to own or possess a firearm in Illinois. The Firearm Owners Identification card system is tied to your legal eligibility to have a gun. When that eligibility changes, the state can revoke your FOID card.

Certain convictions trigger revocation on their own, including any felony. Misdemeanor domestic battery and any offense involving the use or threat of physical force against a family or household member can also result in revocation. Even outside of Illinois law, federal law prohibits gun ownership after a domestic violence conviction.

Once a FOID card is revoked, you are required to surrender it and any firearms you possess. Failing to do so can result in additional criminal charges.

What Can I Do to Dispute a UPW Charge in 2026?

A UPW charge does not automatically result in a conviction. There are several ways a defense attorney can challenge the evidence and the legal basis for the charge.

One common issue is the legality of the stop or search. Law enforcement must have a valid reason to stop you. They must also have proper legal justification before searching you or your belongings. If either of those requirements was not met, any evidence found during the stop or search may be challenged in court.

Another possible defense involves the circumstances of possession. Not every location in Illinois prohibits carrying a firearm. If you had a valid concealed carry license that the officer overlooked, that could be central to your defense. The prosecution must prove each element of the charge beyond a reasonable doubt.

Mistaken identity and lack of knowledge are also raised in some cases. If the weapon belonged to someone else in the vehicle and you had no knowledge of it, that can be a meaningful defense depending on the facts.

Every case is different. The right approach depends on where the stop occurred, what the officer observed, how the search was conducted, and what the evidence actually shows. An attorney can review the police report, body camera footage, and other records to identify weaknesses in the state's case.

Contact a Rolling Meadows, IL Criminal Defense Attorney

As a United States citizen, you do have the right to own, purchase, and possess various types of firearms. However, failing to follow state and federal guidelines when possessing a firearm can lead to serious penalties.

If you are facing any weapons violation charge in Illinois, you should speak with a skilled Arlington Heights, IL unlawful possession of weapons defense lawyer. Scott F. Anderson, Attorney at Law, has more than 25 years of experience in the area of criminal law and can help you defend against any criminal charges you may be facing. To schedule a free consultation, call our office today at 847-253-3400.