Illinois Unlawful Sale or Delivery of a Firearm

The Law – 720 ILCS 5/24-3

A person commits the offense of Unlawful Sale or Delivery of Firearms when he or she knowingly:

  1. Sells or gives any firearm of a size which may be concealed upon the person to any person under 18 years of age; or

  2. Sells or gives any firearm to a person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent; or

  3. Sells or gives any firearm to any narcotic addict; or

  4. Sells or gives any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction; or

  5. Sells or gives any firearm to any person who has been a patient in a mental institution within the past 5 years; or

  6. Sells or gives any firearms to any person who is intellectually disabled; or

  7. Delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made; or

  8. While holding any license as a dealer, manufactures, sells or delivers to any unlicensed person a handgun which will melt or deform at a temperature of less than 800 degrees Fahrenheit; or

  9. Sells or gives a firearm to any person under the age of 18 who does not possess a valid Firearms Owner’s Identification Card; or

  10. Sells or gives a firearm while engaged in the business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968; or

  11. Sells or transfers ownership of a firearm to a person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act; or

  12. Not being entitled to the possession of a firearm, delivers the firearm, knowing it to have been stolen or converted. It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.

Just as the Unlawful Possession of Firearms and Firearm Ammunition identifies and punishes a certain class of individuals for possessing firearms and ammunition, the Unlawful Sale or Delivery of Firearms law punishes those individuals who sell or deliver firearms to those certain classes of individuals. However, the State must prove that the seller or deliverer knew that the individual to whom the firearm is sold or delivered fell within one of these classes. This may be difficult at times for the State to prove beyond a reasonable doubt.

Additionally, the Unlawful Sale or Delivery of Firearms law punishes those lawful sellers (those holding licenses to sell firearms) who sell or deliver firearms while not meeting certain guidelines or requirements. Certain acts prohibited by lawful sellers include those who sell or deliver firearms to those under the mandatory waiting period after an application for its purchase is submitted. These waiting periods range from 24 hours (for rifles, long guns and stun guns) to 72 hours (for other firearms). This waiting period does not apply to purchasers who are law enforcement officials or bank or armed truck guards.

The Sentence

If (3), (5), (6), (7) or (8) above, then:

  • Class 4 Felony
  • 1 to 3 years in state prison
  • Fine up to $25,000

If (2) or (9) above, then:

  • Class 3 Felony
  • 2 to 5 years in state prison
  • Fine up to $25,000

If (1) above, then:

  • Class 2 Felony
  • 3 to 7 years in state prison
  • Fine up to $25,000

If (1), (2) or (9) within 1,000 feet of school property, then:

  • Class 1 Felony
  • 4 to 15 years in state prison (5 to 15 years if second or subsequent offense)
  • Fine up to $25,000

If (1) or (9) above within 1,000 feet of public housing, public park or courthouse, then:

  • Class 2 Felony
  • 3 to 7 years in state prison
  • Fine up to $25,000

If (10) above, then:

  • Class A Misdemeanor (Class 4 Felony if second or subsequent offense)
  • Up to 364 in county jail (1 to 3 years in state prison if second or subsequent offense)
  • Fine up to $2,500 (Up to $25,000 if second or subsequent offense)

If (11) above, then:

  • Class 4 Felony (Class 1 Felony if third or subsequent offense)
  • 1 to 3 years in state prison (4 to 15 years is third or subsequent offense)
  • Fine up to $25,000

If (1) or (9) above and seller is over the age of 18 and weapon is used during a forcible felony then:

  • Fined and imprisoned in an amount not to exceed the maximum provided for the most serious forcible felony committed by the person under the age of 18 given or sold the firearm.

If (4) above, then:

  • Class 3 Felony
  • 2 to 5 years in state prison
  • Fine up to $25,000

If (12) above, then:

# of Firearms

Sentence

Prison Term

Maximum Fine

1 Firearm

Class 2 Felony

3 to 7 years

Up to $25,000

2 to 5 Firearms

Class 1 Felony

4 to 15 years

Up to $25,000

6 to 10 Firearms

Class X Felony

6 to 30 years

Up to $25,000

11 to 20 Firearms

Class X Felony

6 to 40 years

Up to $25,000

21 to 30 Firearms

Class X Felony

6 to 50 years

Up to $25,000

31 or more Firearms

Class X Felony

6 to 60 years

Up to $25,000

 

Probation Possible? Yes, on Class 1 through 4 Felonies.

Supervision Possible? No.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005