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Possession of a Stolen Firearm in Chicago

In Illinois, particularly in Chicago, possessing a stolen firearm is a serious offense, but the penalties vary based on the number of firearms involved and the circumstances of the crime. 720 ILCS 5/24-3.8 (Possession of a Stolen Firearm) and 720 ILCS 5/24-3.9 (Aggravated Possession of a Stolen Firearm) both address this issue, but they differ significantly in terms of the severity of the offense and the penalties imposed. Below, we’ll explain the key differences between these two statutes, including the penalties associated with each, and how they specifically impact individuals in Chicago.

Illinois Statue 720 ILCS 5/24-3.8) Explained

What is Possession of a Stolen Firearm?

Under 720 ILCS 5/24-3.8, possession of a stolen firearm occurs when an individual knowingly possesses a firearm that they know or reasonably should know has been stolen or converted. This statute is aimed at individuals who unlawfully possess stolen firearms, regardless of the number of firearms involved.

Key Points:

  • Knowledge of Theft: The person must know the firearm is stolen or converted. If the firearm’s serial number has been removed or altered, it can be inferred that the person knew the firearm was stolen.
  • Possession of One Stolen Firearm: This statute applies to the possession of a single stolen firearm, regardless of the quantity.
  • Penalty: Possession of a stolen firearm is classified as a Class 2 felony, which carries the following penalties:
    • Prison Sentence: 3 to 7 years in prison
    • Fines: Up to $25,000, depending on the circumstances
    • Probation: Not typically allowed for a Class 2 felony, but it can be considered under certain conditions.

This is a serious offense, but it is a less severe charge than aggravated possession of a stolen firearm, especially in terms of penalties.

Aggravated Possession of a Stolen Firearm (720 ILCS 5/24-3.9) in Chicago

What is Aggravated Possession of a Stolen Firearm?

720 ILCS 5/24-3.9 elevates the offense of possession of a stolen firearm to an aggravated level when multiple stolen firearms are involved. The more firearms a person possesses, the harsher the legal consequences. This statute creates a range of criminal penalties depending on the number of stolen firearms involved and the timeframe in which they are possessed.

Key Points:

  • Number of Firearms: The severity of the offense depends on the number of stolen firearms in the person’s possession:
    • 2 to 5 firearms (Class 1 felony)
    • 6 to 10 firearms (Class X felony with 6 to 30 years of imprisonment)
    • 11 to 20 firearms (Class X felony with 6 to 40 years of imprisonment)
    • 21 to 30 firearms (Class X felony with 6 to 50 years of imprisonment)
    • Over 30 firearms (Class X felony with 6 to 60 years of imprisonment)
  • Possession and Knowledge: As with simple possession of a stolen firearm, the individual must know the firearms are stolen or converted. The alteration or removal of serial numbers provides additional evidence of knowledge.
  • Penalty:
    • Class 1 felony: For possessing 2 to 5 stolen firearms
    • Class X felony: For possessing 6 or more firearms, with sentences ranging from 6 years to 60 years depending on the quantity of firearms.

In general, aggravated possession of a stolen firearm is a much more serious offense than simple possession, leading to longer prison sentences and more severe penalties, especially in Chicago where gun crimes are heavily prosecuted.

Key Differences Between the Two Statutes:

Number of Firearms Involved:

    • 720 ILCS 5/24-3.8 applies to the possession of one stolen firearm.
    • 720 ILCS 5/24-3.9 applies when a person possesses multiple stolen firearms. The more firearms in possession, the more severe the charge.

Severity of Charges:

    • Possession of a stolen firearm (720 ILCS 5/24-3.8) is a Class 2 felony, punishable by 3 to 7 years in prison.
    • Aggravated possession of a stolen firearm (720 ILCS 5/24-3.9) escalates to a Class 1 felony or Class X felony, depending on the number of firearms involved. This can result in 6 to 60 years in prison for the most serious cases.

Sentences:

    • Possession of a stolen firearm has a more moderate sentence range (3 to 7 years for a Class 2 felony).
    • Aggravated possession of a stolen firearm can carry much longer prison sentences, especially when large quantities of firearms are involved (up to 60 years for over 30 firearms).

Evidence of Knowledge:

    • Both statutes allow for the inference of knowledge that the firearm is stolen if the serial number has been altered or removed.

Why You Need a Chicago Criminal Defense Attorney

Both possession of a stolen firearm and aggravated possession of a stolen firearm are serious crimes that carry substantial legal penalties in Chicago and throughout Illinois. Given Chicago’s strict gun laws and aggressive prosecution of firearm-related offenses, being charged under either of these statutes can have life-altering consequences. If you or a loved one is facing charges in Chicago, it’s crucial to have a skilled criminal defense attorney on your side to ensure that your rights are protected and to help secure the best possible outcome.

Contact a Chicago Criminal Defense Attorney Today

Attorney Phil Haddad has extensive experience defending individuals charged with firearms offenses in Chicago and throughout Illinois. Whether you are facing a charge of possession of a stolen firearm or aggravated possession, Attorney Haddad can analyze the facts of your case, assess potential defenses, and guide you through the legal process.

Call Attorney Phil Haddad today at 708-833-3505 for a free consultation. Don’t navigate these complex legal challenges alone—let Attorney Haddad fight for your rights and work to minimize the consequences of a conviction. Call now to get started on your defense!