Gun Trafficking Lawyer Chicago, Illinois

Gun Trafficking Lawyer in Chicago, Illinois Serving All of Cook County

Gun trafficking and illegal firearm sales allegations aren’t always the result of criminal intent. In Illinois, firearm sales, transfers, transportation requirements, and recordkeeping rules are governed by a confusing web of state and federal laws that can be tough to navigate. In some cases, prosecutors accuse individuals of gun trafficking based on complete misunderstandings rather than unlawful intent.

At Combs Waterkotte, we know how complicated firearms-related charges can be. Our criminal defense team has more than eight decades of combined experience defending clients against serious felony gun charges throughout Chicago and Cook County. When you hire us, we’ll conduct a thorough review of the evidence, examine whether law enforcement followed proper procedures, and identify weaknesses in the prosecution’s case that may help support a reduction or dismissal of charges.

From the moment we take your case, our goal is to put you in the strongest position possible. We aggressively negotiate with prosecutors when appropriate, but we also prepare each case as though it may go to trial. This trial-ready approach allows us to fight for the best outcome possible, no matter the circumstances.

If you’ve been accused of gun trafficking in Chicago or anywhere in Cook County, contact Combs Waterkotte online or call (314) 900-HELP for a free, confidential consultation. The sooner you involve a lawyer, the sooner you can begin protecting your rights and defending your freedom.

Illegal Gun Sales Laws in Chicago, Illinois

Illinois’s gun laws are notoriously complicated. There are several statutes governing the regulation of firearm sales, as well as laws related to the illegal sale and transfer of firearms. Some of the most common firearm offenses we see charged in the Chicago and Cook County area include:

• Unlawful sale or delivery of firearms
• Firearms trafficking
• Gunrunning
• Selling illegal ammunition
• Unlawful purchase of a firearm

Each offense comes with the potential for serious felony charges, especially when several illegal firearms are involved in the alleged transaction.

Unlawful Sale or Delivery of Firearms

Illinois’s unlawful sale or delivery of firearms statute is dense, consisting of several transactional offenses that can lead to felony charges. It’s best to look at the law through the lens of the felony charges themselves from least-serious to most-serious.

Unlawful sale or delivery of firearms is a Class 4 felony in Chicago and Cook County, Illinois when:

• Selling a firearm to a narcotics addict
• Selling a firearm to a person who has been a patient in a mental institution within the last 5 years
• Selling a firearm to a person with an intellectual disability
• Delivering a firearm before Illinois’s mandatory 72-hour waiting period has expired
• Selling low-melting point handguns
• A first or second offense for selling a firearm without verifying the purchaser’s Illinois Firearm Owner’s Identification (FOID) card

Class 3 felony unlawful sale or delivery of firearms offenses in the Chicago area include:

• Selling a gun to a person under 21 who has been convicted of a non-traffic misdemeanor
• Selling a firearm to a convicted felon

Gun sale-related offenses that can result in a Class 2 felony charge in Chicago are those for:

• Selling a concealable firearm to someone under 18
• Selling a gun to a person under 18 without a FOID card near a park, courthouse, or public housing property
• Selling or delivering a firearm you know to be stolen

The unlawful sale or delivery of a firearm offenses that will result in Class 1 felony charges include:

• Selling a firearm to a person under 18 without a FOID card near a school
• A third or subsequent offense for selling a firearm without verifying the purchaser’s FOID card or Illinois concealed carry license
• Selling or delivering 2 to 5 firearms you know to be stolen

Finally, Class X felony firearms sales charges in Illinois cover offenses for selling stolen firearms. The law implements specific Class X felony terms for specific quantities of guns:

• 6 to 10 firearms results in a sentence of 6 to 30 years
• 11 to 20 firearms results in a sentence of 6 to 40 years
• 21 to 30 firearms results in a sentence of 6 to 50 years
• 31 or more firearms results in a sentence of 6 to 60 years

Firearms trafficking

The state of Illinois’s firearms trafficking statute targets individuals who bring guns or ammo into Illinois for unlawful distribution who do not have a valid FOID card. A person commits firearms trafficking in the state when they knowingly bring guns, ammo, or both into the state with the purpose of selling, delivering, or transferring them unlawfully.

The statute also covers a separate trafficking offense when a person without a valid FOID card brings banned assault weapons into the state of Illinois while traveling on an Illinois highway.

First-time firearms trafficking offenders face a Class 1 felony for the offense. Individuals with certain past criminal convictions, though, will face a Class X felony charge, including convictions for:

• Firearms trafficking
• A felony for unlawful sale or delivery of firearms
• A felony for unlawful sale or delivery of ammo
• Gunrunning

Gunrunning

Under 720 ILCS 5/24-3A, an individual may be charged with gunrunning in the state of Illinois when they:

• Sell 3 or more firearms, and
• The sale violates any provisions of the unlawful sale or delivery of firearms law

Similarly to the selling stolen firearms portion of the unlawful sale or delivery law, one’s sentence for gunrunning depends on the number of guns involved in the alleged sale. Individuals face the following sentences for the following number of guns:

• A Class 1 felony for sales involving 3 to 10 guns
• A Class X felony with an 8 to 40-year sentence for sales involving 11 to 20 guns
• A Class X felony with a 10 to 50-year sentence for sales involving more than 20 guns

Selling Illegal Ammunition

Certain ammo types are prohibited under Illinois law. According to 720 ILCS 5/24-2.2, it is illegal to manufacture, sell, transfer, or offer any of the following types of ammo in Chicago or Cook County:

• Armor-piercing bullets
• A dragon’s breath shotgun shell
• A bolo shell
• A flechette shell

Violation of this statue will result in a Class 4 felony charge under Illinois law.

Unlawful Purchase of a Firearm

While many of these laws target sellers, buyers aren’t off the hook in certain circumstances, either. Illinois’s unlawful purchase of a firearm statute covers so-called straw purchases, in which someone buys a gun for someone else who is not allowed to have one.

The statute covers instances involving:

• Purchases of a firearm with the intent to deliver it to a person who is prohibited from possessing a firearm under Illinois or federal law
• Attempting to purchase a firearm with the intent to deliver it to a prohibited person
• Intentionally providing false information on a federal firearms transaction record form (ATF Form 4473) while buying a firearm

Like other firearm-related offenses under Illinois law, penalties increase with the number of firearms involved:

• Straw purchasing 1 firearm is a Class 2 felony
• Straw purchasing 2 to 5 firearms is a Class 1 felony
• Straw purchasing 6 or more firearms is a Class X felony with a 9-year minimum sentence

What Is Considered an Assault Weapon Under Illinois Law?

Illinois’s gun laws have categorized certain firearms, ammo, or firearm-related equipment as “assault weapons.” Selling weapons or gear that fall under this definition can result in felony charges in the state of Illinois.

Under 720 ILCS 5/24-1.9, an assault weapon is a semiautomatic rifle capable of accepting a detachable magazine and equipped with one or more military-style features, including:

• Pistol grips
• Thumbhole stocks
• Folding or telescoping stocks
• Flash suppressors
• Grenade launchers
• Barrel shrouds

The law also includes certain semiautomatic pistols that possess certain features as assault weapons, including:

• Threaded barrels
• Secondary grips
• Barrel shrouds
• Flash suppressors
• Detachable magazines located outside the pistol grip
• Stabilizing braces or similar shoulder-firing components

It even goes on to include certain semiautomatic shotguns that have certain features, including those with:

• Pistol grips
• Folding stocks
• Detachable magazines
• Fixed magazines holding more than five rounds

The law even specifically names some firearms and firearm types that are precluded for sale in the state. These guns include:

• AR-type rifles
• AK-type rifles
• AK-style pistols
• AR-style pistols
• UZI variants
• SCAR rifles
• TAVOR rifles
• Steyr AUG rifles
• Barrett rifles

Under the law, it is a Class 3 felony to manufacture, deliver, sell, import, or purchase any assault weapons in Chicago or Cook County.

Criminal Defense Strategies Against Gun Trafficking Offenses in Chicago

By now, you should be able to tell just how complex and punitive Illinois gun laws are. If you’ve been charged, though, that does not mean you can’t be properly defended. At Combs Waterkotte, we use the following criminal defense strategies against Chicago gun trafficking and illegal firearms sales-related charges.

Challenging Whether a Defendant Knowingly Transferred a Firearm

Many Illinois gun trafficking offenses require proof that a defendant acted “knowingly.” A strong defense may focus on whether the accused actually knew a firearm was being sold, delivered, or transferred unlawfully. This can be especially important in cases that involve shared vehicles, borrowed property, packages, or alleged straw purchases. If prosecutors can’t prove the “knowing” requirement, the charges may not stand.

Disputing Intent to Sell, Deliver, or Transfer

Chicago firearms trafficking charges typically depend on proving intent, not just possession. In these cases, a defense lawyer can argue that the firearm in question was possessed for lawful personal use, repair, or transportation rather than sale or distribution. Evidence like a lack of buyer communications, no monetary exchange, or no trafficking pattern can weaken the prosecution’s claim of intent to sell a gun illegally.

Attacking Straw Purchase Allegations

In unlawful purchase cases in the Chicago area, prosecutors may try to claim that a defendant bought a firearm for someone who was not legally allowed to have one. If this happens, the defense can challenge whether the accused actually intended to give the gun to the prohibited person. Lawful gifts, loans, or purchases for personal use can help to disprove straw purchase allegations.

Challenging the Legality of a Search or Traffic Stop

In Chicago, many gun trafficking or illegal firearms sales cases begin with vehicle stops, home searches, surveillance operations, or warrant executions. If the police lacked reasonable suspicion, probable cause, or a lawful warrant, the defense can try to suppress the firearm evidence. When guns, ammo, phones, or pertinent records are excluded from evidence, the prosecution may not be able to prove their case.

Contesting Possession, Control, or Ownership

Cook County prosecutors must be able to connect the accused individual to the firearm(s) at issue. This can be hard if the guns are found in shared homes, vehicles, storage units, or a similar shared space. A good defense strategy may focus on showing that the defendant didn’t own, access, or know anything about the weapons. Proximity to guns isn’t always enough to prove an unlawful sale or trafficking.

Raising FOID, Licensing, or Statutory Exemptions

Some Chicago gun offenses depend on whether a defendant has a valid FOID card or if they were legally permitted to have or transport firearms. A defense strategy may involve showing that the accused was exempt, had a lawful license, was a nonresident permitted to possess the guns elsewhere, or was otherwise acting lawfully. These technical issues, while confusing, can be critical.

Undermining Informant, Cooperator, or Undercover Evidence

Gun trafficking investigations usually rely on confidential informants, undercover officers, controlled buys, and recorded communications. A defense attorney may try to challenge the credibility, motives, criminal history, or pressure placed on these witnesses. Entrapment concerns can also come up when law enforcement induces conduct the defendant was not predisposed to commit. Weak witness credibility can also create reasonable doubt.

What to Do If You’re Arrested After an Illegal Gun Sale in Chicago, Illinois

What you do in the hours and days after an arrest for an illegal gun sale in Chicago can affect the entire outcome of your case. The expert criminal lawyers at Combs Waterkotte strongly suggest the following for anyone facing these charges:

• Remain silent and avoid talking about the allegations — Anything you say to police, investigators, or even friends can be used against you. After a gun trafficking arrest, invoke your right to remain silent and don’t answer any questions until your lawyer arrives.
• Request an attorney immediately — Gun trafficking and illegal firearm sale charges can result in decades behind bars. Having legal counsel can help protect your rights, prevent you from making damaging statements, and help begin building your defense.
• Do not consent to any additional searches — Law enforcement may ask if they can search your home, car, or phone. Decline, and let your attorney challenge any illegal searches that may follow your refusal.
• Avoid contact with alleged buyers or sellers — Communication with anyone connected to the investigation could be monitored. Let your lawyer handle any communications related to the case.
• Preserve any potentially helpful evidence — Save texts, emails, receipts, firearm records, FOID documentation, and other materials that may support your defense.
• Stay off social media while your case is pending — Prosecutors and investigators may review your social media posts, messages, photos, and videos. Even seemingly harmless comments can be taken out of context and used to support the prosecution’s theory.