Illinois Has Some of the Strictest Weapons Possession Laws in the Country
Unlawful use of a weapon (UUW) is one of the most commonly charged firearms offenses in Joliet and throughout Will County. Illinois requires a FOID card simply to possess a firearm, a concealed carry license to carry one in public, and strict compliance with transport rules when moving firearms in a vehicle. A single misstep — an expired FOID card, a firearm not properly cased in a vehicle, or carrying without a concealed carry license — can result in criminal charges ranging from a Class A misdemeanor to a Class X felony.
Attorney Jack Zaremba is a former Will County prosecutor who handled weapons cases and understands how aggressively these offenses are prosecuted. He now defends clients facing UUW and aggravated UUW charges throughout Joliet, Will County, and Grundy County — fighting to protect their freedom, their records, and their Second Amendment rights.
Unlawful Use of Weapons — 720 ILCS 5/24-1
The basic UUW statute under 720 ILCS 5/24-1 makes it illegal to knowingly carry or possess a firearm in a vehicle or concealed on your person, except when you are:
- On your own land, in your own home or legal dwelling, or at your fixed place of business
- On the land or in the dwelling of another person as an invited guest with their permission
- Transporting a firearm that is broken down in a non-functioning state, or unloaded and enclosed in a case with a valid FOID card
- Carrying in accordance with the Firearm Concealed Carry Act with a valid license
A first UUW offense is a Class A misdemeanor — up to 364 days in jail and fines up to $2,500. A second or subsequent UUW offense is a Class 3 felony carrying 2 to 5 years in prison.
The statute also covers prohibited weapons including silencers (Class 3 felony), machine guns (Class 2 felony), and explosive or metal-piercing bullets.
Aggravated Unlawful Use of Weapons — 720 ILCS 5/24-1.6
When a basic UUW violation is combined with an aggravating factor, the charge is elevated to Aggravated UUW (AUUW) — a significantly more serious offense. Common aggravating factors include:
- The firearm was uncased, loaded, and immediately accessible (in a vehicle or on your person)
- You did not have a valid FOID card at the time
- You did not have a valid concealed carry license and the weapon was a handgun
- You were under 21 with a handgun and not engaged in lawful activities under the Wildlife Code
- You were previously adjudicated delinquent for a felony-equivalent offense
- You were engaged in a misdemeanor drug offense at the time of possession
AUUW penalties:
- First offense: Class 4 felony — 1 to 3 years prison, fines up to $25,000, probation available
- Second or subsequent: Class 2 felony — mandatory 3 to 7 years prison
- No FOID + body armor: Class X felony — 6 to 30 years, no probation
- Non-probationable: If the firearm was uncased, loaded, accessible, AND you had no FOID card, the Class 4 conviction carries a mandatory 1 to 3 years prison with no probation
AUUW convictions are served at 50% under truth-in-sentencing (day-for-day credit), unlike the 85% requirement for discharge offenses.
FOID Card Violations
The Firearm Owners Identification Card Act (430 ILCS 65) requires every person in Illinois to have a valid FOID card to legally possess or purchase firearms or ammunition. Common FOID-related charges in Joliet include:
- Possession without a FOID card: Class A misdemeanor (first offense), Class 3 felony (subsequent)
- Expired FOID card: Possessing firearms with an expired card can result in charges, though the State must prove you knew the card was expired or revoked
- Failure to surrender firearms after FOID revocation: When your FOID is revoked (due to an order of protection, mental health adjudication, or criminal conviction), you must surrender all firearms within 48 hours. Failure to do so is a separate criminal offense.
FOID violations are frequently charged alongside UUW and AUUW, compounding the potential penalties.
Common Scenarios Leading to UUW Charges in Joliet
Many UUW arrests in Will County involve lawful gun owners who made a procedural error — not criminals intending harm:
- Carrying a loaded handgun in a vehicle without a CCL — Even with a valid FOID, transporting a loaded, accessible handgun without a concealed carry license is AUUW
- Improperly stored firearm during transport — The firearm must be unloaded and enclosed in a case. A gun in a glove compartment or under the seat does not meet this standard
- Expired FOID card — FOID renewal delays are common in Illinois. If your card expires during a delay and you are found possessing firearms, you face charges
- Traffic stop leading to weapon discovery — A routine stop for a broken taillight or speeding can escalate to a weapons charge if officers find an improperly stored firearm
- Possession during a drug offense — Having a firearm while committing even a minor drug offense triggers AUUW
Defense Strategies for UUW and AUUW Charges
As a former Will County prosecutor, Attorney Zaremba applies targeted defense strategies:
- Valid FOID/CCL at the time of possession — If you had a valid FOID card and/or concealed carry license, the aggravating factors for AUUW may not apply. We verify FOID and CCL status through Illinois State Police records.
- Illegal search and seizure — Many UUW arrests result from traffic stops and vehicle searches. If police lacked probable cause for the stop or conducted an unlawful search, we file motions to suppress the weapon as evidence.
- Constructive possession challenges — If the firearm was found in a shared vehicle or shared space, the prosecution must prove you had knowledge of and control over the weapon. Proximity alone is insufficient.
- Proper transport defense — If the firearm was unloaded and enclosed in a case, you may have been in compliance with the transport exception even if you were charged.
- Second Amendment challenges — Following the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, several provisions of Illinois weapons law have been challenged on constitutional grounds. We evaluate whether your specific charge is subject to a constitutional defense.
- Negotiating reduced charges — In many cases, an AUUW charge can be negotiated down to a FOID violation (Class A misdemeanor) or a lesser offense, potentially making the difference between prison and probation.
Frequently Asked Questions About Weapons Charges in Joliet
What is the difference between UUW and aggravated UUW?
Simple UUW under 720 ILCS 5/24-1 is generally a Class A misdemeanor for carrying a concealed firearm without meeting legal requirements. Aggravated UUW under 720 ILCS 5/24-1.6 adds aggravating factors — such as the weapon being loaded and accessible, lacking a FOID card, or lacking a concealed carry license — which elevate the charge to a Class 4 felony or higher.
Can I get probation for an AUUW charge?
For most first-offense AUUW charges (Class 4 felony), probation is available for up to 30 months. However, if the firearm was uncased, loaded, and accessible AND you did not have a valid FOID card, the offense becomes non-probationable and carries a mandatory 1 to 3 years in prison.
Will I lose my FOID card if convicted?
Yes. Any felony conviction results in permanent FOID card revocation. Even a Class A misdemeanor UUW conviction may trigger FOID review. A felony conviction also bars you from possessing firearms under federal law.
My FOID card was expired when I was arrested. Is that a defense?
An expired FOID card does not automatically provide a defense, but the circumstances matter. If you had applied for renewal and the delay was on the Illinois State Police’s end, this can be raised as a mitigating factor. Illinois has experienced significant FOID processing delays, and some courts have recognized this issue.
Related: Return to Weapons & Gun Charges Defense for an overview of all related practice areas and defense strategies.
Contact a Joliet Weapons Defense Attorney
If you are facing UUW, aggravated UUW, or FOID-related charges in Joliet, Will County, or Grundy County, the consequences include prison time, a permanent felony record, and loss of your firearms rights. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 for a free consultation. Attorney Zaremba is available 24 hours a day and handles weapons cases throughout Will County.