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Orland Park Illegal Gun Sales Lawyer

Will County Firearms Charges Attorney for Unlawful Sale or Delivery of Weapons

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 a person provides a firearm to a drug addict or a person who has been a patient in a mental institution, or if they do not follow the 72 hour waiting period, then:
  • Class 4 Felony
  • 1 to 3 years in state prison
  • Fine up to $25,000
If a person provides a firearm to a minor under the age of 21 who has been convicted of a misdemeanor or a person who does not have a valid FOID, then:
  • Class 3 Felony
  • 2 to 5 years in state prison
  • Fine up to $25,000
If a person provides a firearm to a person under the age of 18, then:
  • Class 2 Felony
  • 3 to 7 years in state prison
  • Fine up to $25,000
If an offense is committed 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 an offense is committed 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 a person sells firearms without a license, 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 a person provides a firearm to someone without checking their FOID, 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 a person provides a firearm to a person under the age of 18 or without a valid FOID 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 a person provides a firearm to a convicted felon, then:
  • Class 3 Felony
  • 2 to 5 years in state prison
  • Fine up to $25,000
If a person sells a firearm that is known to be stolen, 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.

Contact Our Joliet Illegal Firearm Sales Attorney

To get legal help with criminal charges related to unlawful sale or delivery of weapons, contact us at 708-966-2408 and schedule a consultation.

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