Report

Sentences to Prison in Illinois for Illegal Possession of a Firearm

    By
  • Name
    Dave Olson ·
  • Name
    Patrick Griffin ·
  • Name
    Don Stemen ·
  • Name
    Martyna Malecka ·
On

ReportGunsSentencingPrison

In 2021, Loyola’s Center for Criminal Justice published the first detailed analysis of sentencing for individuals convicted of illegal possession of a firearm offenses in Illinois. The Center’s prior research found that each year in Illinois there are three to four times more arrests for the illegal possession of a firearm than there are for the use of a firearm in the commission of a violent crime, and arrests for firearm possession offenses have increased substantially since 2016. This research brief updates and expands the Center’s prior research to examine trends and patterns of sentences to prison for the illegal possession of a firearm in Illinois and how long individuals serve in prison for these offenses. It is important to note that prison sentences in 2020 dropped from prior years for all offenses because of criminal court hearings and trials being suspended or curtailed due to the COVID-19 pandemic. Thus, this research brief focuses on sentencing trends between 2019 (pre-pandemic) and 2023.

Key Takeaways

  • The total number of prison sentences for illegal possession of a firearm increased 57% between 2019 and 2023, driven by increased arrests. The number of prison sentences for all other major crime categories fell during this period.
  • The number of prison sentences for illegal possession of a firearm in 2022 and 2023 was the highest ever seen in Illinois—reaching 3,342 in 2023.
  • Most sentences to prison for these offenses were imposed in Cook County (Chicago), although increases were seen across Illinois.
  • Most of those sentenced to prison for these offenses were Black (75%) men (95%) with an average age of 31 years old.
  • The length of prison sentences increased steadily for Class 2 felony illegal possession of a firearm.
  • The overall amount of time served among those sentenced to prison for illegal possession of a firearm increased, due to changes in policy regarding sentencing credits and longer prison sentences.
  • The number of people in prison for illegal possession of a firearm increased 62% between 2010 to 2023, while those incarcerated for all other offenses fell 41%.
  • At the end of 2023, one out of every nine individuals in prison in Illinois had been sentenced for illegal possession of a firearm.

In Illinois, it is a felony-level offense to carry a loaded, accessible firearm in public or in a vehicle if the individual does not have an Illinois State Police-issued Concealed Carry License (CCL), as well as a Firearm Owners Identification (FOID) card. It is also a felony-level offense carrying a mandatory prison sentence for someone with a prior conviction for a felony or domestic violence offense to possess a firearm. Generally, firearm possession offenses classified as Class 4 felonies (the least serious felony class) include those where the individual possessed a loaded, accessible firearm without a CCL and FOID card, and the individual does not have any prior convictions for any other felony offense. Class 3, 2, and X felony offenses for firearm possession include those where the individual possessed a firearm and had been previously convicted of felony offenses. Whether the crime is classified as a Class 3, 2, and X felony depends on the specific nature of the prior felony convictions.

A table in the Center’s 2021 report showed how different types of firearm possession offenses were grouped in terms of their felony classification, allowable sentences, and when specific offenses became non-probationable (i.e., carried a mandatory prison sentence). Table 1 below replicates the previous table, but highlights (in bold) specific substantive changes that have occurred since 2021. For nearly all felony offenses - including felony firearm possession offenses - the period of Mandatory Supervised Release (MSR), the period following release from prison when individuals are under supervision by the Parole Division of the Illinois Department of Corrections (IDOC) was cut in half. These shortened lengths of MSR became effect January 1, 2022.

Another significant change was the 2023 removal of age restrictions on eligibility for the First Time Weapon Offense Probation (FTWOP) program, which allows those convicted of Class 4 felony offenses to receive a probation sentence with specific requirements, in lieu of the otherwise mandatory prison sentence.

Finally, in 2024, a 2018 law, requiring longer presumptive minimum prison sentences for individuals convicted of a firearm possession offense when they had specific prior convictions for violent offenses, was allowed to “sunset”. Research by Illinois’ Sentencing Policy Advisory Council (SPAC) found that the imposition of the longer presumptive sentences on individuals with the prior predicate offenses increased modestly after the law went into effect. For example, prior to the law, 20% of individuals with the prior predicate offenses specified in the law received a prison sentence of 7 or more years, compared to 30% after the law (see SPAC report on the Safe Neighborhoods Reform Act).



Sentences to Prison in Illinois for Firearm Possession

The number of adults sentenced to prison in Illinois for illegal possession of a firearm increased steadily from 2000 to 2019, climbing an average of 8% every year. Between 2019 and 2023, the number increased an average of 14% every year - jumping 57% is just 4 years. In fact, prison sentences for illegal possession of a firearm in 2022 and 2023 were the highest ever seen in Illinois—reaching 3,342 in 2023. While some of the long-term increase in prison sentences for firearm possession was the result of changes to Illinois law that require prison sentences for many of these offenses, the primary reason for the increase in prison sentences since 2016 has been increased arrests for these offenses. And while sentences from Cook County (Chicago) account for most prison admissions for firearm possession offenses, large increases between 2019 and 2023 were seen across Illinois. For example, sentences to prison for these offenses increased 50% in Cook County, reaching 2,129 in 2023, but there was also a 71% increase in sentences from the rest of Illinois combined.



While sentences to prison specifically for illegal possession of a firearm increased 57% from 2019 to 2023, sentences to prison for all other major crime categories fell during this period. Prison sentences for property crimes (e.g., theft, burglary) fell 33% and sentences for drug-law violations dropped 37% between 2019 and 2023. The number of prison sentences for violent crimes—which accounted for around one-third of all prison sentences—decreased less than 1% between 2019 and 2023. Looked at another way, prior to 2020, sentences to prison for firearm possession offenses were dramatically outnumbered by sentences for drug and property crimes; however, since 2022, prison sentences for firearm possession outnumbered admissions for drug and property crimes.



Despite the increase in admissions to prison for firearm possession offenses, the characteristics of those sentenced to prison for these offenses did not change appreciably, and in fact have remained relatively consistent throughout the past 30 years; more than 95% of those sentenced to prison for firearm possession were male and 75% were Black. The average age of those sentenced to prison has increased slightly over the past three decades, from an average age of 27 years old for those sentenced in the 1990s/early 2000s to an average age of 31 years old for those sentenced in 2022 and 2023.

Sentences to Prison by Felony Class

Between 2019 and 2023, ithe number of prison sentences increased for all felony classes of illegal possession of a firearm. Prison sentences for Class 2 felony firearm possession offenses, which accounted for the single largest category of firearm offense prison sentences since 2002, increased 67% between 2019 and 2023. Prison sentences for Class 4 felony firearm possession offenses (i.e., individuals without prior felony convictions that illegally possessed/carried a firearm) increased 80% between 2019 and 2023 and accounted for almost one-third of all admissions to prison for firearm possession offenses in 2023. Even sentences for Class X felony firearm possession offenses, which are the most serious but relatively rare, increased 11% from 2019 to 2023.



While admissions to prison for firearm possession offenses have increased, the length prison sentences imposed has not changed as dramatically or uniformly across the felony classes. The length of sentences imposed on those convicted of Class 2 felony firearm possession offenses increased the most over the past 18 years—from an average sentence of 4.2 years in 2005 to an average of 5.3 years in 2023. By comparison, sentence lengths imposed for Class 3 felony offenses have remained fairly stable—averaging between 2.9 and 3.3 years. Sentence lengths imposed on Class 4 felony firearm possession offenses actually fell from 2005 to 2016, from 1.6 years to 1.2 years, before increasing back to roughly 1.6 years since 2020.



Another way to assess the lengths of prison sentences is to determine the proportions of those sentenced that received either the minimum or maximum allowable sentence. If a large percentage of cases get the maximum allowable sentence, that may suggest that practitioners, such as State’s Attorneys and Judges, would impose longer sentences than the maximum if it were allowable. Similarly, a larger percent of cases getting the minimum might suggest a willingness/desire to impose shorter sentences if it were permissible.

We examined prison sentences for firearm possession to see what proportions corresponded to statutory minimums or maximums, and compared sentences in 2010-11 with sentences in 2022-23. We found considerable variation across felony classes, but noted substantive changes over time only for Class 4 and Class 2 felony offenses. For example, the majority of those sentenced to prison for a Class 4 felony firearm possession offense received the 1-year minimum sentence prescribed for that felony class, but the proportion decreased over time; among those sentenced in 2010-2011, 67% received a 1-year sentence, while only 55% received a 1-year sentence in 2022-2023. Conversely, only 6% of those sentenced to prison for a Class 4 felony offense received the maximum allowable sentence of 3 years in 2010-2011, but that increased to 12% in 2022-2023. The largest shift in the proportion receiving the minimum or maximum allowable sentence was for Class 2 felony offenses; in 2010-2011, 42% received the minimum sentence of 3 years, compared to 26% in 2022-2023. Conversely, 11% of Class 2 felony firearm possession sentences received the maximum sentence of 7+ years in 2010-2011, but by 2022-2023 that had increased to 25%. This jump for Class 2 felony cases receiving the 7+ year sentence in 2022-2023 is likely the result of the presumptive minimum sentence requirement that ended due to the sunset provision in 2024.



Length of time served among those exiting prison

When a prison sentence is imposed, several factors in addition to the sentence itself will determine how long the individual actually spends in prison. These factors include the amount of sentencing credit that may be available for time spent in pretrial detention or on electronic monitoring (i.e., pretrial “custody” credit), credit for “good conduct” while in prison (which may be limited by “Truth-in-Sentencing” rules), and credit for rehabilitative programming completed in prison. Figure 5 shows trends in the average number of years served for firearm possession offenses, as measured on release. This total time served includes both time spent in pretrial custody (for which the individual was given credit at sentencing) as well as time spent in prison. Those released from prison in 2023 after serving a sentence for a Class 2 felony firearm possession offense served an average of 2.2 years, compared to 1.4 years for those sentenced on a Class 3 felony offense and an average of 0.9 years for those sentenced on a Class 4 felony offense.

In general, the total amount of time served increased for all felony classes of firearm possession from 2005 to 2021, due to policy changes, longer sentences, and the impact COVID-19 had on case processing. The 2010 suspension and revision of what was previously referred to as Meritorious Good Time (MGT) credit resulted in longer stays in prison because of fewer sentencing credits. The dramatic increase in time spent in pretrial custody due to court processing delays during the COVID-19 pandemic increased time served—not in IDOC facilities, but in pretrial custody credits applied towards prison sentences. The latter impact was particularly striking for those sentenced to prison for Class 4 felony firearm possession offenses in 2021: roughly 65% entered prison having served their entire sentence while under pretrial custody (i.e., the day they were admitted to prison they had already served their sentence). Similarly, in 2021, 31% of those sentenced to prison for Class 3 felony offenses had served their entire sentence under pretrial custody, as did 20% of those sentenced for Class 2 felony offenses. However, under the 2021 Safety Accountability, Fairness and Equity-Today (SAFE-T) Act, sentencing credits and eligibility were expanded, and as a result, time served for firearm possession offenses fell between 2021 and 2023.



Pretrial custody has become a more significant part of total “time served” on prison sentences for firearm possession offenses.

Among those released from prison in 2010-2011 who had been sentenced for firearm possession offenses, most time served was not served in pretrial custody. However, among those released from prison in 2022-2023 after serving a sentence for a firearm possession offense, most of the time served was served in pretrial custody. For example, among those released from prison for a Class 2 felony firearm possession offense in 2010-2011, 28% of the total time served was in pretrial custody, but by 2022-2023 roughly 57% of the total time served was in pretrial custody. (Looked at another way, in 2010-2011 72% of the sentence was served within an IDOC prison, but by 2022-2023 only 43% of the time served was in an IDOC facility.) For those released from prison after serving a sentence for a Class 4 felony firearm possession offense, by 2022-2023, less than 25% of the total time served (the average of .9 years in the figure above) was served in prison and most of the time served for the sentence (78.5%) was served under pretrial custody.



Overall Prison Population Accounted for by Firearm Possession Offenses

With the dramatic rise in sentences to prison for firearm possession offenses, coupled with longer sentences and lengths of stay in prison for some felony classes, the number of people in prison for firearm possession offenses has increased dramatically. In the early 1990s fewer than 500 people were in prison in Illinois for a firearm possession offense; by 2004 that figure exceed 1,000 for the first time (reaching 1,101) and peaked at 3,286 at the end of 2023. In the early 1990s, firearm possession offenses accounted for less than 2% of all those in prison in Illinois; at the end of 2023, one out of every nine people (11%) in Illinois’ prisons were there for a firearm possession offense. As seen with sentences to prison, the number of people in prison for firearm possession offenses has increased, while the number in prison for all other offenses have decreased. From 2019 to 2023 the number of people in prison for a firearm possession offense increased 6%, while the number in for all other offenses fell by 26%. This pattern is not just a recent trend. From 2010 to 2023, the the number of people in prison for firearm possession increased 62%, while the remainder of the prison population fell 41%.


This project was possible through the support of the Joyce Foundation.