Chicago Police DepartmentSpecial Order S06-05-01
Unlawful Use of Weapons Arrests
Issue Date:01 October 2015Effective Date:01 October 2015
Rescinds:21 February 2014 Version
Index Category:Processing Persons
I.Purpose
This directive:
  • A.references the statutes for Unlawful Use of Weapons (UUW) violations.
  • B.informs Department members of the procedures to be followed when processing persons charged with UUW offenses.
  • C.provides exceptions to the UUW violations pursuant to the Firearm Concealed Carry Act.
II.Relevant Statutes
  • B.Enhanced Penalties - UUW Violations at Specific Locations - 720 ILCS 5/24-1(c)
  • C.The presence in an automobile - 720 ILCS 5/24-1(d)
  • D.UUW Violation By a Convicted Felon - 720 ILCS 5/24-1.1 (a)
  • E.Aggravated Unlawful Use of a Weapon - 720 ILCS 5/24-1.6
  • F. Unlawful Sale or Delivery of Firearms - 720 ILCS 5/24-3(A)
III.UUW Exceptions pursuant to the Firearm Concealed Carry Act
  • A.Members will be aware that certain ILCS UUW charges are based upon whether the subject has been issued a valid Concealed Carry License (CCL) pursuant to the Firearms Concealed Carry Act, 430 ILCS 66.
  • B.Pursuant to 720 ILCS 5/24-2, individuals carrying a concealed handgun who have a valid CCL will be exempt from the following UUW statutes:
    • 1.720 ILCS 5/24-1(a)(4) carries or possesses in any vehicle or conceal on or about his person.
    • 2.720 ILCS 5/24-1(a)(10) carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city.
  • C.In most circumstances, individuals carrying a handgun who have been issued a valid CCL will not be charged with 720 ILCS 5/24-1.6(a) "Aggravated Unlawful Use of a Weapon." For those situations where Aggravated Unlawful Use of a Weapon may be an appropriate charge, consult with the Cook County State's Attorney's Felony Review Unit. Below is the verbatim text of the amended 720 ILCS 5/24-1.6 "Aggravated Unlawful Use of a Weapon" statute:
    720 ILCS 5/24-1.6 Aggravated Unlawful Use of a Weapon
    a. A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
     (1) carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or
     (2) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; and
     (3) One of the following factors is present:
      (A) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or
      (A-5) the pistol, revolver, or handgun possessed was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
      (B) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or
      (B-5) the pistol, revolver, or handgun possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
      (C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or
      (D) the person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or
      (E) the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
      (F) (BLANK), or
      (G) the person possessing the weapon had an order of protection issued against him or her within the previous 2 years; or
      (H) the person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
      (I) the person possessing the weapon was under 21 years of age and in possession of a handgun, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).
    (a-5) "Handgun" as used in this Section has the meaning given to it in Section 5 of the Firearm Concealed Carry Act.
    (b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code.
    (c) This Section does not apply to or affect the transportation or possession of weapons that:
     (i) are broken down in a non-functioning state; or
     (ii) are not immediately accessible; or
     (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.
IV.Procedures for Processing Misdemeanor UUW Arrests
For a misdemeanor UUW arrest, the investigating officer will determine if a felony upgrade is possible based on the arrestee's criminal history using the following procedures:
  • A.The arresting officer will:
    • 1.conduct an Identification Record (IR) name check of the arrestee and obtain a copy of the arrestee's Criminal History Report (CPD-31.903).
    • 2.if appropriate, notify the district station supervisor that a felony upgrade is likely based on a preliminary examination of the arrestee's prior convictions.
      NOTE:
      If the arresting officer is unavailable when the Criminal History Report warranting an upgrade in charges is received by the district, the district station supervisor will ensure that the Assistant State's Attorney, Felony Review, is notified. Felony Review notification procedures will be followed as outlined in Department directive entitled "Felony Review by Cook County State's Attorney."
    • 3.contact the LEADS Desk to determine if the firearm is reported lost or stolen.
    • 4.in the event of a felony upgrade prior to the end of their tour, complete all necessary paperwork for felony charges.
  • B.The district station supervisor will ensure that:
    • 1.arresting officers complete a criminal history name check for anyone arrested for UUW violations.
    • 2.arrestees who may have charges upgraded from a misdemeanor to a felony will not be let to bail, consistent with the Department directive entitled "Processing Persons Under Department Control."
      NOTE:
      Station Supervisors will not release any individuals charged with misdemeanor UUW violations on an I-Bond. "D" bonds will be issued for misdemeanor UUW violations consistent with the Department directive entitled "Bond Procedures."
    • 3.Felony Review is contacted for an upgrade when the arresting officer is no longer available.
    • 4.in the event charges are upgraded, felony paperwork is completed and submitted with the arrest report when the arresting officers are no longer available.
    • 5.the arresting officer is notified when charges are upgraded and there is a change in the court information on the Arrest Report.
  • C.The Instant Update Unit will provide information regarding arrestee criminal history convictions as requested by arresting officers.
(Items indicated by italics/double underline were added or revised.)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
15-127 CAW