Defending Felon in Possession Charges in Will County
An unlawful possession of a firearm charge in Joliet is one of the most serious weapons offenses in Illinois. Unlike many other criminal charges, this offense carries mandatory prison time with no eligibility for probation. If you are a convicted felon found in possession of a firearm or even a single round of ammunition anywhere in Illinois, you face years in state prison — and if you have two or more qualifying prior convictions, you could be charged as an armed habitual criminal facing 6 to 30 years.
At the Law Offices of Jack L. Zaremba, P.C., we defend clients facing felon in possession charges throughout Joliet, Will County, and Grundy County. Attorney Jack Zaremba is a former Will County prosecutor who has handled firearms cases from both sides of the courtroom. He understands the severity of these charges and fights aggressively to challenge the State’s evidence, suppress illegally obtained firearms, and pursue every available defense strategy.
Illinois Unlawful Possession of a Firearm Laws
Under 720 ILCS 5/24-1.1, it is illegal for any person who has been convicted of a felony — under Illinois law or the law of any other state or federal jurisdiction — to knowingly possess a firearm, firearm ammunition, or any weapon prohibited under Section 24-1 of the Criminal Code. This applies to possession on your person, in your vehicle, on your property, in your home, or at your place of business.
The name of this charge is misleading. Despite being called “unlawful use of a weapon by a felon” in some court documents, no actual use of the weapon is required. Merely having a firearm in your possession — even stored in a closet or locked in a safe — is sufficient for criminal charges if you have a prior felony conviction. Possession of ammunition alone, without a firearm, also violates this statute.
The law recognizes two types of possession:
- Actual possession — The firearm is physically on your person or within your immediate reach
- Constructive possession — The firearm is in a location you control (such as your vehicle, bedroom, or storage unit) and you have knowledge of its presence. Constructive possession is frequently charged when a gun is found during a vehicle search or in a shared residence in Joliet.
Penalties for Felon in Possession in Joliet
The penalties for unlawful possession of a firearm by a felon are among the harshest in Illinois criminal law. Every level of this offense carries mandatory prison time — probation is not available:
Class 3 felony (base offense) — 2 to 10 years in prison. This is the minimum charge for any convicted felon found in possession of a firearm or ammunition. The extended sentencing range applies automatically, which is why the maximum is 10 years rather than the usual 5 years for a Class 3 felony. Probation is not available.
Class 2 felony (enhanced) — 3 to 14 years in prison. This enhanced penalty applies if you have a prior conviction for a forcible felony, any felony violation of Article 24 (weapons offenses), or any Class 3 or higher drug offense. The extended sentencing range again applies automatically.
Armed habitual criminal (720 ILCS 5/24-1.7) — Class X felony: 6 to 30 years in prison. If you have two or more qualifying prior convictions — including forcible felonies, weapons offenses, or Class 3+ drug offenses — and are found in possession of a firearm, you face one of the most severe charges in Illinois. There is no probation eligibility for a Class X felony.
Possession in a correctional facility — Possessing a firearm or ammunition while confined in an Illinois Department of Corrections facility is a Class X felony. Possessing a machine gun in a correctional facility carries 12 to 50 years.
Under Illinois Truth-in-Sentencing, you must serve at least 50% of your prison sentence before becoming eligible for release on mandatory supervised release. For a 10-year sentence, that means a minimum of 5 years in prison.
How Police and Prosecutors Build These Cases in Will County
Felon in possession charges in Joliet typically arise from one of these scenarios:
- Traffic stops and vehicle searches — A firearm is discovered during a traffic stop, often after police claim to see a weapon in plain view or claim to smell cannabis, giving them grounds to search the vehicle
- Search warrants — Police obtain a warrant to search a residence based on informant tips, surveillance, or other investigation, and find firearms during the search
- Arrests on other charges — A person with a felony record is arrested for another offense (such as domestic battery or a drug offense) and a firearm is found during the arrest or search incident to arrest
- Anonymous tips and Terry stops — Police detain and search a person on the street based on a tip that they are armed
- Probation or parole searches — Individuals on probation or mandatory supervised release may be subject to warrantless searches of their person and residence
In each of these scenarios, the legality of how police discovered the firearm is critical to your defense. An unlawful search or stop can result in the suppression of all evidence.
Defense Strategies for Felon in Possession Charges
As a former Will County prosecutor, Attorney Zaremba knows exactly how the State proves these cases and where their evidence is most vulnerable:
- Illegal search and seizure — The Fourth Amendment protects you from unreasonable searches. If police searched your vehicle, home, or person without a valid warrant, probable cause, or an applicable exception, we file a motion to suppress the firearm. Without the gun, the prosecution has no case.
- Challenging constructive possession — In shared vehicles or residences, the prosecution must prove you knew the firearm was there and had control over it. If others had equal access to the location where the gun was found, constructive possession may not be proven beyond a reasonable doubt.
- Challenging the prior felony conviction — The prosecution must prove you have a qualifying prior felony conviction. We verify whether the prior conviction is valid, whether it was properly entered, and whether it qualifies under the statute. Out-of-state convictions must be substantially similar to an Illinois felony.
- FOID card relief — Under 430 ILCS 65/10, a person who has been granted relief by the Illinois State Police and issued a FOID card is exempt from the felon in possession statute. If you obtained FOID card relief before the alleged possession, this is a complete defense.
- Challenging the armed habitual criminal enhancement — If you are charged as an armed habitual criminal, we examine whether your prior convictions actually qualify under the specific list in 720 ILCS 5/24-1.7. Not every felony conviction triggers this enhancement.
- Momentary or innocent possession — In limited circumstances, briefly handling a firearm (such as taking a gun away from someone to prevent harm) may constitute a defense if the possession was truly momentary and for a lawful purpose.
Frequently Asked Questions About Felon in Possession in Joliet
Can a convicted felon ever legally own a firearm in Illinois?
In limited circumstances, yes. A person with a felony conviction may apply to the Illinois State Police Firearm Owner’s Identification Card Review Board for relief under 430 ILCS 65/10. If the Board grants a FOID card, the prohibition on firearm possession is lifted. This is a complex legal process that requires experienced representation, and not every applicant is approved.
Is possessing ammunition without a gun still a crime for a felon?
Yes. Under 720 ILCS 5/24-1.1, it is illegal for a convicted felon to possess firearm ammunition, even without possessing a firearm. A single round of ammunition is sufficient for criminal charges carrying the same penalties as possessing a firearm.
Can I be charged with felon in possession if the gun was in someone else’s car?
Potentially. Will County prosecutors can charge you with constructive possession if they believe you knew about the firearm and had the ability to exercise control over it — even if it was not on your person. However, constructive possession in a shared vehicle or someone else’s property is a factual issue that can be challenged by an experienced defense attorney.
What is the minimum prison sentence for felon in possession in Illinois?
The minimum prison sentence is 2 years under the Class 3 felony classification. Because this offense is non-probationable, a prison sentence is mandatory upon conviction. With Truth-in-Sentencing at 50%, a 2-year sentence means a minimum of 1 year actually served in state prison.
Related: Return to Weapons & Gun Charges Defense for an overview of all related practice areas and defense strategies.
Contact a Joliet Felon in Possession Defense Attorney
If you are facing unlawful possession of a firearm charges in Joliet, Will County, or Grundy County, the mandatory prison sentences make experienced legal representation essential. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 for a free consultation. We are available 24 hours a day and handle weapons cases throughout Will County.