What Is Aggravated Unlawful Possession of a Weapon in Illinois?

 Posted on September 08, 2026 in Gun Crimes

Aggravated unlawful possession of a weapon in Illinois is a felony charge. It applies when someone carries or possesses a firearm under certain circumstances specified in Illinois law. These circumstances can include not having a valid Firearm Owner's Identification (FOID) card or, in some situations involving a handgun, not having a valid concealed carry license.

If you're facing this type of charge in 2026, our Joliet, IL criminal defense lawyer can help you understand what you're up against and build a strong defense. Attorney Eric Blatti is local to the Joliet area. He brings over 15 years of criminal law experience to cases like this.

What Does Illinois Law Say About Aggravated Unlawful Possession of a Weapon?

Under 720 ILCS 5/24-1.6, a person commits aggravated unlawful possession of a weapon by knowingly carrying or possessing a firearm in certain places when one of the following factors is present:

• The gun was out of its case, loaded, and within easy reach at the time.
• The person had a pistol, revolver, or handgun that was out of its case, loaded, and within easy reach, but didn't have a valid concealed carry license.
• The person didn't have a valid Firearm Owner's Identification Card.
• The person had a past juvenile record for something that would count as a felony if an adult did it.
• The person had an order of protection filed against them sometime in the past two years.
• The person was under 21 and had a handgun in their possession.

The statute lists several additional factors beyond these as well. We can help you understand how the details of your case apply to the statute. Then, we’ll talk about defense strategies.

How a FOID Card and Concealed Carry Licensed Affect an Aggravated Unlawful Possession Case 

Your FOID card and concealed carry license status can play an important role in a weapons case. Illinois law looks at whether you had the required valid license or card when the alleged offense happened.

A FOID card does not necessarily become invalid because it’s expired. If you submitted a renewal application before the card expired, Illinois law generally keeps the card valid while the renewal is pending. Other rules may also keep a FOID card valid while a valid concealed carry license remains in effect.

We can review your records to determine whether your FOID card or concealed carry license was legally valid at the time of the alleged offense.

What Are the Penalties for Aggravated Unlawful Use of a Weapon?

Aggravated unlawful use of a weapon is generally a Class 4 felony in Illinois. It can carry one to three years in prison. Certain factors can raise it to a Class 2 felony, though, with three to seven years in prison. This often happens if the person has a past felony conviction or other specific factors apply.

A conviction creates a permanent criminal record beyond possible prison time. This can affect your right to legally own a gun in the future. It can also cause problems finding a job and cost you certain civil rights.

What Evidence Can Help Build a Defense Against This Charge?

Several types of evidence may help fight this charge, depending on your case. Helpful evidence includes:

• Documentation showing you had a valid FOID card or concealed carry license
• Evidence about how the firearm was actually carried or stored at the time
• Records showing you properly renewed or applied for the right gun paperwork
• Witness statements giving context about what happened
• Evidence questioning whether the search that found the weapon was legal

A close look at the facts often shows whether the state can actually prove every part of this charge.

Can the Legality of a Search Affect Your Weapons Charge Case?

An aggravated possession charge almost always starts when police find a firearm during a search or stop. Because of this, whether that search was legal becomes a big issue. Evidence gathered as a result, including the firearm itself, might get thrown out of your case if the stop or search broke your rights. This makes looking at how police found the weapon just as important as checking your paperwork status when building a strong defense.

Schedule a Free Consultation With Our Will County, IL Gun Charges Defense Attorney

Attorney Blatti brings valuable experience from his time working as a public defender. Over the years, he cultivated strong relationships with local attorneys and judges throughout the community. He uses this to build effective defense strategies for his clients.

Contact the Law Office of Eric J. Blatti, P.C. at 815-744-2500 to schedule a free consultation with our Joliet criminal defense lawyer today.