720 ILCS 5/24-3 – Unlawful Sale Or Delivery Of Firearms

720 ILCS 5/24-3 – Unlawful Sale Or Delivery Of Firearms

This law makes it illegal to sell or give a gun to certain people or in certain ways in Illinois.

This law says that people can get in trouble for selling or giving guns to others who are too young, have a criminal record, have mental health issues, or can’t legally own a gun. It also sets waiting times, license rules, and punishments for breaking these laws.

(A) A person breaks this law by knowingly doing any of the following:

1. Selling or giving a small, concealable gun to anyone under 18.
2. Selling or giving any gun to someone under 21 who has a misdemeanor record (not including traffic tickets) or has been found delinquent.
3. Selling or giving any gun to someone addicted to drugs.
4. Selling or giving any gun to someone convicted of a felony.
5. Selling or giving any gun to someone who was in a mental hospital within the past 5 years.
6. Selling or giving any gun to someone with an intellectual disability.
7. Delivering a firearm less than 72 hours after purchase or a stun gun/taser less than 24 hours after purchase. Some exceptions apply:
   1. Non-undercover police, or security guards,
   2. Sending a mail-ordered firearm from a licensed firearms dealer inside of Illinois to one outside of Illinois,
   3. (Blank)
   4. Selling to a licensed dealer, or
   5. Transfers for shooting competitions, when you properly let the police know ahead of time.
8. Making or selling cheap handguns made from metals that melt below 800°F.
9. Selling or giving a gun to anyone under 18 who doesn’t have a Firearm Owner’s ID card.
10. Selling guns as a business without a federal firearms dealer license.
11. Selling or transferring a gun to anyone who doesn’t show a valid Firearm Owner’s ID or concealed carry license (some exceptions apply).
    1. Unless the dealer is federally licensed, the dealer must make sure the Firearm Owners Identification Card is real and valid.
    2. If the dealer has obeyed the law, they are not liable for misuse of the firearm by the buyer.
12. Delivering a stolen gun or one known to have been tampered with.

(B) Guns legally owned or bought within six months after October 1, 1973, are not affected by this rule.

(C) Sentence:

1. Violations of sections (A)(c), (A)(e), (A)(f), (A)(g), or (A)(h) are Class 4 felonies.
2. Violations of sections (A)(b) or (A)(i) are Class 3 felonies.
3. Violations of section (A)(a) are Class 2 felonies.
4. Doing (A)(a), (A)(b), or (A)(i) near a school, school event, or school transport is a Class 1 felony. Repeat offenses near schools can mean 5–15 years in prison.
5. Doing (A)(a) or (A)(i) in public housing, a park, or courthouse area is a Class 2 felony.
6. Violating (A)(j) (selling without a license) is a Class A misdemeanor; a second offense is a Class 4 felony.
7. Violating (A)(k) (selling to someone without a valid ID or license) is usually a Class 4 felony, except violating (A)(k)(1) is not punishable as a crime or petty offense. Third and future offenses become Class 1 felony level.
8. If someone sells a gun to a minor, breaks (A)(a) or (A)(i), and that gun is used in a serious violent crime, the seller can face the same punishment as the crime itself.
9. Violating (A)(d) (selling to a felon) is a Class 3 felony.
10. Violating (A)(l) (selling stolen guns) is a different level of penality depending on the number of firearms sold and when:
    
    For one firearm, a Class 2 felony.
    
    For two to five firearms within a year, a Class 1 felony.
    
    For six to ten firearms within two years, a Class X felony with a prison sentence of 6 to 30 years.
    
    For eleven to twenty firearms within three years, a Class X felony with a prison sentence of 6 to 40 years.
    
    For twenty-one to thirty firearms within four years, a Class X felony with a prison sentence of 6 to 50 years.
    
    For over thirty firearms within five years, as Class X felony with a prison sentence of 6 to 60 years.

(D) “School” means any public or private K–12 school, community college, college, or university. “School activity” means any school-sponsored event.

(E) Cases for violations of paragraph (A)(k) can be started within 6 years. For most other violations, the state has up to 5 years to file charges.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.