Unlawful Sale of Firearms

Illinois retains very strict laws on the use of a weapon, specifically firearms. The unlawful sale or delivery of firearms law punishes individual who sell or deliver firearms to certain classes of individuals. Violating this state law can result in a felony. An Illinois state attorney can provide you with the legal assistance and guidance if you are facing criminal charges. If you are facing these charges, contact a Chicago attorney at Goldman & Associates for legal advice on your case.

Illinois State Law

In Illinois, an importer, manufacturer, dealer, or collector must be licensed under the Federal Gun Control Act of 1968 to be a lawful sellers.

Illinois state law, pursuant to 720 Ill. Comp. Stat. Ann. 5/24-3, an individual commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:

  • Sells or gives a firearm to any person less than 18 years old;
  • Sells or gives a firearm to a person under 21 years of age who has been convicted of a misdemeanor;
  • Sells or gives a firearm to a drug addict;
  • Sells or gives a firearm to someone who has been convicted of a felony ;
  • Sells or gives a firearm to someone who has been a patient in a mental institution within the past 5 years; or
  • Sells or gives a firearm to someone who is intellectually disabled.

The state must prove that the seller knew that the individual to whom the firearms were sold to fell within one of these classes. Since the state must prove beyond a reasonable doubt, it will be a high burden for the government to prove.

The law punishes lawful sellers who sell firearms who do not meet certain guidelines or requirements. Certain acts prohibited by lawful sellers include selling or delivering firearms to those under the mandatory waiting period after an application for its purchase is submitted. The waiting period may range from 24 hours, for rifles/long guns/stun guns, to 72 hours, other firearms.

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If you are facing criminal prosecution in Chicago, Goldman & Associates can assist you in understanding and protecting your legal rights. Contact our skilled attorneys today for help with your case.

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