Champaign Man Charges as Armed Habitual Criminal After Police Find Drugs, Guns in His Home
An Illinois armed habitual criminal charge can carry serious consequences, but the State still must prove the required prior convictions and firearm possession beyond a reasonable doubt.
A Champaign man was charged after police searched his residence and reportedly found a loaded handgun and prescription painkillers. The defendant was arrested by members of the Champaign County Street Crimes Task Force and was arraigned on charges including being an armed habitual criminal and unlawful use of a weapon by a felon. Police also reportedly alleged that the defendant was selling methamphetamine from the residence and recovered a .380-caliber handgun.
What Is an Armed Habitual Criminal Charge in Illinois?
Illinois law makes certain repeat firearm offenses particularly serious. A person who has been convicted two or more times of qualifying offenses and then knowingly receives, sells, possesses, or transfers a firearm may be charged under 720 ILCS 5/24-1.7.
The statutory title was changed effective January 1, 2025. The current statute refers to the offense as unlawful possession of a firearm by a repeat felony offender. Older cases, including the 2023 case discussed here, commonly refer to the offense as armed habitual criminal.
Prior Convictions
The defendant must have at least two prior convictions that qualify under the statute.
Firearm
The State must prove that the defendant received, sold, possessed, or transferred a firearm.
Proof Beyond a Reasonable Doubt
A criminal conviction requires the State to prove every required element beyond a reasonable doubt.
Which Prior Convictions Can Lead to the Charge?
Section 24-1.7 applies when a person possesses or otherwise receives, sells, or transfers a firearm after having been convicted two or more times of specified qualifying offenses. The statute includes several categories of prior convictions.
Forcible Felonies
The statute includes a forcible felony as defined by Illinois law.
Specified Weapon and Violent Offenses
These include certain convictions for:
- Unlawful possession of a weapon by a felon
- Aggravated unlawful possession of a weapon
- Aggravated discharge of a firearm
- Vehicular hijacking or aggravated vehicular hijacking
- Aggravated battery of a child
- Intimidation or aggravated intimidation
- Gunrunning
- Home invasion
- Aggravated battery with a firearm
Certain Drug Offenses
The statute also includes qualifying violations of the Illinois Controlled Substances Act or Cannabis Control Act that are punishable as a Class 3 felony or higher.
Why the Prior Convictions Matter
A person is not subject to this specific repeat-offender firearm offense simply because he or she has any two prior felonies. The prior convictions must fit the categories identified in Section 24-1.7.
What Is the Sentence for a Class X Felony?
Section 24-1.7 classifies the offense as a Class X felony. Under the general Illinois sentencing statute, a Class X felony carries a determinate prison sentence of 6 to 30 years, subject to other applicable sentencing provisions. An extended-term Class X sentence can carry a higher range when the statutory requirements for an extended term are satisfied.
Additional sentencing rules may apply depending on the defendant’s criminal history and the circumstances of the case.
Because sentencing can depend on the defendant’s prior record, the date of the offense, and other statutory provisions, anyone facing a Class X firearm charge should have the applicable sentencing rules reviewed on the specific facts of the case.
Defenses to an Armed Habitual Criminal Charge
One of the most important issues in an armed habitual criminal case is whether the State can actually prove that the defendant possessed the firearm. A weapon being found somewhere inside a residence does not automatically establish criminal possession by every person who lives there.
Was the Firearm Actually Possessed?
Illinois law recognizes both actual and constructive possession. When the firearm is not found directly on the defendant, the State may need to establish constructive possession.
Was There Knowledge and Control?
Constructive possession generally requires proof that the defendant knew the firearm was present and exercised immediate and exclusive control over the area where it was located.
Do the Prior Convictions Qualify?
The State must also establish that the defendant’s two prior convictions fall within the categories identified by Section 24-1.7.
A Gun Found in a Home Is Not Automatically the Same as Proof of Ownership
The legal question is possession, not simply ownership. Illinois courts have explained that constructive possession can be established through evidence showing the defendant knew about the firearm and exercised immediate and exclusive control over the area where it was found. The circumstances of the search, the location of the firearm, who had access to the area, statements made by the defendant, and other evidence can all become important.
Illinois appellate courts have repeatedly addressed constructive possession in armed habitual criminal cases. For example, in People v. Brooks, the court explained that constructive possession requires proof of knowledge and immediate and exclusive control over the area where the firearm was located.
Why the Search and Seizure Can Matter
When police obtain a search warrant and recover a firearm or controlled substances from a residence, the circumstances surrounding the search can become an important part of the defense. Depending on the facts, an attorney may need to examine the search warrant, the supporting affidavit, the scope of the search, the location of the evidence, statements made during the investigation, and how the property was handled after it was seized.
The Warrant
What did the warrant authorize police to search, and what information supported the warrant?
The Location
Where exactly was the firearm found, and who had access to that specific area?
The Evidence
What evidence, statements, photographs, or other information connects the defendant to the firearm?
Other Charges May Be Filed Alongside a Firearm Offense
A person investigated for unlawful firearm possession may also face separate charges involving controlled substances or other alleged conduct. In the case discussed here, police reportedly alleged that methamphetamine was being sold from the residence and that prescription painkillers were also found.
Charges Are Allegations
An arrest or criminal charge is not a finding of guilt. The State must prove each charged offense in court, and the specific charges and potential penalties depend on the evidence and the defendant’s criminal history.
Talk to a Champaign, IL Weapons Charges Attorney
Patel Law, PC represents people facing serious weapons and firearm charges in Champaign, Illinois. If you are facing a charge involving unlawful possession of a firearm by a repeat felony offender, unlawful possession of a weapon by a felon, or another Illinois weapons offense, it is important to understand the specific allegations and the evidence the State intends to use.
Our Champaign criminal lawyers can review the circumstances of your arrest, the search that led to the firearm being discovered, the applicable prior convictions, and the potential defenses available under Illinois law.
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