Illinois Unlawful Purchase of a Firearm

The Law – 720 ILCS 5/24-3.5

A person commits Unlawful Purchase of a Firearm when he or she:

  1. Knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or state law from possessing firearm; or

  2. Intentionally provides false or misleading information on a United States Department of Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form when purchasing or attempting to purchase a firearm.

Two types of actions can qualify as Unlawful Purchase of a Firearm in Illinois. The first has to do with straw purchases. This is when an individual who is lawfully entitled to the purchase and possess a firearm transfers the purchased firearm to one who is prohibited by law from possessing a firearm. An example of an individual who is not lawfully entitled to possessing firearm includes a convicted felon or a minor. The term “transfer” is not defined in the law, thus simply allowing a person who is not allowed to possess a firearm to borrow it for any reason may lead to the lawfully entitled individual to be subject to prosecution and conviction.

In addition, simply providing misleading or false statements on certain forms associated with the purchase of a firearm can qualify as Unlawful Purchase of a Firearm. Simple, apparently innocuous information, if false, can constitute a commission of the offense. For instance, knowingly supplying a false place of birth can constitute Unlawful Purchase of a Firearm, even if the individual is otherwise entitled to purchase or possess a firearm.

Additionally, while most felonies can only be prosecuted within 3 years, the Unlawful Purchase of a Firearm law allows an individual to be prosecuted within 6 years after the commission of the offense.

The Sentence

Purchasing or Attempting to Purchase 1 Firearm

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

Purchasing or Attempting to Purchase 2 to 5 Firearms

  • Class 1 Felony
  • 4 to 15 years in state prison
  • Fine up to $25,000

Purchasing or Attempting to Purchase at least 6 Firearms within a 2 Year Period

  • Class X Felony
  • 6 to 30 years in state prison
  • Fine up to $250,000

Probation Possible? Yes on Class 1 or 2 Felonies

Supervision Possible? No.

The latest from our blog...

Most Common Workplace Accidents

From office workers to construction workers, it is possible for any person at work to become injured on the job. Some of the reasons people need to file for workers’ ...

Read more...

Pedestrian Accidents in Illinois

Even while taking safety precautions as a pedestrian, it is still possible to get hit by a car or truck. In the United States, there were just under 6,000 pedestrian ...

Read more...

Recreational Marijuana and Criminal Records

By:  Kal Issa With the passing of House Bill 1438, which allows for the legal possession of Cannabis, many individuals who have had criminal records based on the mere possession of certain ...

Read more...

Successful Cases

More Settlements

James A. Payonk, Jr.

10705 W 159th St.
Orland Park, Illinois 60467

Our NEW Phone Number

708-966-2408