720 ILCS 5/24-1.1
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

 (from Ch. 38, par. 24-1.1)Sec. 24-1.1. Unlawful use or possession of weapons by felons or  persons in the custody of the  Department of Corrections facilities.(a) It is unlawful  for a person to knowingly possess on or about his person or on his land or  in his own abode or fixed place of business any weapon prohibited under  Section 24-1 of this Act or any firearm or any firearm ammunition if the  person has been convicted of a felony under the laws of this State or any  other jurisdiction.  This Section shall not apply if the person has been  granted relief by the Director of the Illinois State Police  under Section 10 of the Firearm Owners Identification  Card Act.(b) It is unlawful for any person confined in a penal institution,  which is a facility of the Illinois Department of Corrections, to possess  any weapon prohibited under Section 24-1 of this Code or any firearm or  firearm ammunition, regardless of the intent with which he possesses it.(c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule,  regulation, or directive of the Illinois Department of Corrections or order  issued pursuant thereto.(d) The defense of necessity is not available to a person who is charged  with a violation of subsection (b) of this Section.(e) Sentence. Violation of this Section by a person not confined  in a penal institution shall be a Class 3 felony  for which the person shall be sentenced to no less than 2 years and no  more than 10 years. A second or subsequent violation of this Section shall be a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.  Violation of this Section by a person not confined in a  penal institution who has been convicted of a forcible felony, a felony  violation of Article 24 of this Code or of the Firearm Owners Identification  Card Act, stalking or aggravated stalking, or a Class 2 or greater felony  under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is a  Class 2 felony for which the person  shall be sentenced to not less than 3 years and not more than 14 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.  Violation of this Section by a person who is on parole or mandatory supervised  release is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14  years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.  Violation of this Section by a person not confined in a penal  institution is a Class X felony when the firearm possessed is a machine gun.  Any person who violates this Section while confined in a penal  institution, which is a facility of the Illinois Department of  Corrections, is guilty of a Class 1  felony, if he possesses any weapon prohibited under Section 24-1 of this  Code regardless of the intent with which he possesses it, a Class X  felony if he possesses any firearm, firearm ammunition or explosive, and a  Class X felony for which the offender shall be sentenced to not less than 12  years and not more than 50 years when the firearm possessed is a machine  gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F-1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years.  The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.  (Source: P.A. 102-538, eff. 8-20-21.)