How Much Jail Time Does a Felon Get for Having a Gun?

 Posted on March 10, 2025 in Criminal Defense

While there are few state statistics regarding charges for "felon in possession of a firearm," federal statistics show that in 2018, there were 6,719 convictions for this offense. Of those, 97.7 percent were men with an average age of 34. Tennessee, Alabama, and Missouri had the highest rates of felon in possession of firearm charges and convictions.

Illinois has severe penalties in place for a felon in possession of a firearm, charging the criminal offense as either a Class 2, Class 3, or Class X felony, depending on the circumstances. Since each of these offenses can result in significant prison time, it is highly recommended that you speak to a knowledgeable criminal defense attorney. If you have been charged with felon in possession of a firearm, discussing your charges with an experienced Buffalo Grove, IL criminal defense attorney can be beneficial.

What Are the Penalties for Felon in Possession of a Firearm in Illinois?

In general, being found in possession of a firearm following a felony conviction can result in Class 3 felony charges with a potential sentence of two to 10 years in prison. If the new charges are the second time the defendant is facing these charges, the defendant was convicted of stalking, a Class 2 felony drug crime, a forcible felony, other gun crimes, or was on supervised release or parole, the potential prison sentence is three to 14 years for a Class 2 felony. If the weapon in possession is a machine gun, the offense becomes a Class X felony with a potential prison sentence of 10-40 years.  

Are There Any Potential Defenses to Felon in Possession of a Firearm?  

These charges are very serious and have extremely severe penalties, but there are certain defenses that can be implemented, depending on the circumstances surrounding the charges. These defenses include:

• The police conducted an illegal search and seizure.
• The police made errors in the case.
• There were violations of the defendant’s constitutional rights.
• The defendant found the firearm or weapon.
• The defendant was unaware of the presence of the firearm or weapon.
• The firearm was taken from an individual who was attempting to use the firearm against the defendant.  
• The defendant notified a law enforcement agency that the firearm or weapon was being transported to the agency.
• The defendant resided with a person whom they were unaware had a firearm or weapon.

Can a Felon in Illinois Ever Own a Firearm?

If five conditions are satisfied under 430 ILCS 65/10, a felon in the state can legally possess a firearm. These conditions include:

• The person’s criminal history indicates that he or she is unlikely to be a danger to the public.   
• At least 20 years have passed since the conviction or imprisonment for a forcible felony.
• No federal laws would be violated by allowing the defendant to be in possession of a firearm.
• It is not against the interests of the general public for the defendant to be in possession of a firearm.
• The Attorney General is provided with a copy of the application at least 30 days prior to the hearing.

Contact a Lake County, IL Criminal Defense Lawyer

If you are facing felon in possession of a firearm charges, it is important to speak to a Libertyville, IL criminal defense attorney from The Law Offices of Matthew R. Gebhardt, P.C.. While your specific circumstances and the facts of your arrest will be factors in your defense, the attorney you hire has a direct bearing on the outcome of your charges.  Attorney Gebhardt has worked for the Cook County State’s Attorney’s Office as a prosecutor and has broad experience in all facets of criminal law. Call 847-239-4703 to schedule your free consultation.