What is the Armed Habitual Criminal Statute in Illinois?

 Posted on September 05, 2025 in Weapons

The state of Illinois takes gun crimes seriously, but repeat offenders will face even harsher penalties. Under the state’s Armed Habitual Criminal (AHC) statute (720 ILCS 5/24-1.7), those with prior felony convictions can face severe prison sentences just for being caught with a firearm – even when the gun was not used in a violent crime.

While the law is designed to target repeat offenders with serious felony conviction histories, it can be unevenly applied simply for possession of a gun. An AHC conviction carries a mandatory prison sentence with no option for probation.

If you are facing AHC charges, it is important to have a strong legal advocate by your side who will work hard to minimize the consequences of your charges. A Naperville, IL, criminal defense lawyer can help build a comprehensive defense to achieve the best possible outcome.  

Who Qualifies as an Armed Habitual Criminal?

A person who has at least two prior convictions for forcible felonies, drug crimes, or gun-related felonies may qualify as an AHC. Forcible felonies in the state include:

• First and second-degree murder
• Predatory criminal sexual assault of a child and aggravated criminal sexual assault
• Robbery, burglary, and residential burglary
• Arson and aggravated arson
• Kidnapping and aggravated kidnapping.
• Aggravated battery resulting in significant bodily harm, disability, or disfigurement.
• Any other felony that involves the use or threat of physical force or violence

Gun-related felonies include the unlawful use of a weapon by a felon, aggravated unlawful use of a weapon, aggravated discharge of a firearm, and gunrunning. Other crimes that may qualify under the AHC law are vehicular hijacking, intimidation, home invasion, and violations of the Illinois Controlled Substances Act. Although many of these crimes do involve violence, violence is not a prerequisite for the current charges, and possession of a weapon is sufficient to trigger AHC charges.

What Are AHC Penalties?

AHC crimes are classified as Class X felonies (730 ILCS 5/5-4.5-25) in the state, with a sentencing range of six to 30 years in prison with no possibility of parole. The maximum sentence can be increased to a life sentence if aggravating factors are present, such as a vulnerable victim.

In addition to prison time, a Class X felony can result in significant fines, and a conviction can have a lasting impact on employment, housing, and the right to own a firearm. There are no alternative sentences, such as home detention or probation, for a Class X felony. If the individual has three or more Class X felony convictions, a compulsory life sentence is mandated.  

Why is the AHC Law Controversial?

Although the Armed Habitual Criminal law is intended to prevent firearms from being in the hands of violent offenders, it is controversial. This is because it has been shown to affect non-violent offenders disproportionately, has a broad definition of "qualifying offenses," and mandates minimum sentencing (a mandatory minimum sentence of six years in prison with no possibility of parole). Opponents of the law argue that it can lead to severe penalties for those with old, non-violent offenses, even if they are no longer a public threat.

Are There Valid Defenses to AHC Charges?

An experienced criminal defense attorney may be able to challenge the validity of prior convictions to avoid AHC charges and penalties by questioning whether the prior offenses actually qualify under the statute. Contesting the theory of possession (actual vs. constructive possession) could also be a defense to AHC charges. The search and seizure may have been unlawful, or there may have been violations of the defendant’s constitutional rights.

Contact a DuPage County, IL Weapons Crimes Lawyer

If you are being charged under the Armed Habitual Criminal statute, the stakes could not be higher. An experienced Naperville criminal defense attorney from Appelman Law LLC will review your record, examine the state’s evidence, and build the most vigorous defense possible on your behalf.

Attorney Appelman worked in the Kane County Public Defender’s Office before starting his own firm. He was named a Super Lawyer in 2023 and a Super Lawyer Rising Star in 2015 and 2016. To schedule your free consultation, call 630-717-7801.