Orland Park Illegal Gun Sales Lawyer

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

The ongoing concerns about gun violence and other violent crimes in the United States has led states such as Illinois to put strict laws in place regarding who can possess firearms. Certain people are prohibited from purchasing or possessing guns. Others may face charges for the unlawful use of weapons, including carrying weapons in certain locations, carrying concealed firearms without the proper licenses and permits, or using weapons in ways that placed others at risk of injury. In addition to offenses related to the possession and use of weapons, Illinois law also makes it illegal to sell or deliver firearms to certain people. Firearms dealers, private gun sellers, or others who sell or deliver guns to others could potentially face criminal charges if they violate this law.

At Issa Law, LLC, we work to help our clients defend against a wide variety of criminal charges, including weapons offenses. Attorney Issa has a strong understanding of Illinois firearm laws, and he can provide a strong, effective defense for those who have been accused of illegally selling or delivering firearms. He works to protect the constitutional rights of our clients, and he works to resolve these cases effectively. He can provide guidance on the best strategies for success, which may include negotiating plea bargains with prosecutors or taking cases to trial to advocate for an acquittal. Our firm makes sure our clients are fully informed about their options while providing the representation they need throughout the criminal process.

Who Can Face Charges for Selling Firearms?

Just as the offense of unlawful possession of firearms and ammunition identifies and punishes a certain class of people for possessing guns and ammunition, the offense of unlawful sale or delivery of firearms law punishes people who sell or deliver guns to people who are prohibited from possessing firearms. However, the State must prove that the alleged offender knew that the person who received the gun was not allowed to possess firearms. This may be difficult for the State to demonstrate, since there may be reasonable doubt about whether a seller or other party knew about the status of a gun buyer.

Additionally, this offense may apply in situations where people who hold licenses to sell firearms sell or deliver guns to customers or others without abiding by certain legal requirements. For example, a person cannot deliver a firearm to someone before the end of the mandatory waiting period. In general, the waiting period when purchasing a rifle or stun gun is 24 hours, while the waiting period for other firearms is 72 hours. This waiting period does not apply to purchasers who are law enforcement officials or bank or armed truck guards.

The unlawful sale or delivery of weapons is a felony offense in most cases, and the specific charges will depend on the circumstances of a case. Providing a firearm to a drug addict or a person who has been a patient in a mental institution or violating a waiting period is a Class 4 felony with a potential prison sentence of one to three years. Providing 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 Firearm Owner's Identification (FOID) card is a Class 3 felony, which can result in a sentence of two to five years. Providing a firearm to a person under the age of 18 is considered a Class 2 felony, and a conviction may lead to a sentence of three to seven years. Class 2 felony charges will also apply if a firearm is illegally sold or delivered to a person within 1,000 feet of a public park, courthouse, or public housing. If an offense is committed within 1,000 feet of school property, then it is a Class 1 felony with a possible sentence of four to 15 years for a first offense or five to 15 years for a second offense.

Selling firearms without a license is a Class A misdemeanor for a first offense and a Class 4 felony for a second offense. A person convicted of a Class A misdemeanor may be sentenced to a maximum of 364 days in jail. Providing a firearm to someone without checking their FOID is a Class 4 felony for a first or second offense or a Class 1 felony for a third or subsequent offense.

If a person provides a firearm to someone under the age of 18 or without a valid FOID, and the weapon is used during a forcible felony, then they may face fines and imprisonment based on the felony offense committed by the person who received the firearm. If a person provides a firearm to a convicted felon, then they may be charged with a Class 3 felony. If a person sells a firearm that is known to be stolen, then they may face charges ranging from a Class 2 felony to a Class X felony depending on the number of stolen firearms that were sold.

Probation may be possible for people who have been charged with the unlawful sale or delivery of firearms, as long as an offense is classified as a Class 1, Class 2, Class 3, or Class 4 felony. Court supervision will not be an option in these cases.

Contact Our Joliet Illegal Firearm Sales Attorney

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