Gunrunning Lawyer Chicago, Illinois

Gunrunning Lawyers in Chicago, Illinois Serving All of Cook County

In Chicago, gunrunning and firearm trafficking cases are typically built on extensive investigations involving law enforcement agencies, confidential informants, surveillance footage, phone records, and firearm tracing data. And while Cook County prosecutors may present these cases as airtight, the reality is that many gunrunning allegations involve disputed facts and weak connections between defendants and the firearms in question.

At Combs Waterkotte, we don’t take the prosecution’s assessment of the case at face value. Our criminal defense team will conduct an independent review of the evidence, scrutinizing police procedures, searches and seizures, witness statements, and every detail of the state’s evidence. With more than eight decades of combined criminal defense experience, we understand how to find weaknesses that can lead to reduced charges, favorable plea agreements, and even outright dismissals.

Whether you’re facing allegations of firearm trafficking, unlawful weapons sales, or other gunrunning-related crimes in Chicago or anywhere in Cook County, our team is ready to fight for you. We approach each case with a trial-ready mindset and we work tirelessly to protect our clients’ rights, freedom, and future. To discuss your case with an experienced criminal attorney, call Combs Waterkotte today at (314) 900-HELP or contact us online for a free, confidential consultation.

What Is Gunrunning in Chicago, Illinois?

Understanding the crime of gunrunning in Chicago, Illinois requires knowledge of a couple different statutes. Under Illinois law, the gunrunning statute, 720 ILCS 5/24-3A, defines the offense as:

• Any violation of 720 ILCS 5/24-3 involving the transfer of 3 or more firearms

So, what is 720 ILCS 5/24-3? It’s Illinois’s unlawful sale or delivery of firearms statute, and it’s heavily tied to gunrunning offenses, serving as the basis of the offense. The unlawful sale or delivery statute is very complex, prohibiting firearm sales in several instances.

For one, the statute makes it illegal to sell guns to specific people based on their age or their mental condition, disallowing firearm sales to:

• Individuals under 18 (for concealable firearms)
• Individuals addicted to narcotics
• Individuals with an intellectual disability
• Individuals who have been a patient in a mental institution within the past 5 years

The unlawful sale and delivery statute also makes firearm sales in Illinois illegal to individuals with certain criminal histories. The law prohibits selling guns to:

• Anyone under 21 years old with a misdemeanor or traffic conviction
• Anyone who has been convicted of a felony

It is also illegal to sell or deliver firearms in violation of certain state or federal laws. This includes:

• Selling a firearm without waiting 72 hours after the buyer submits a purchasing application
• Selling a firearm to anyone under 18 years old who doesn’t have a valid Illinois Firearm Owner’s Identification (FOID) card
• Selling a firearm to someone who does not provide their FOID card
• Selling a firearm as a dealer without a valid license under the Gun Control Act of 1968 (18 U.S.C. 923)

Finally, the statute also has rules that apply to the firearms themselves. In Illinois, it is against the law to:

• Sell a firearm that can be melted by temperatures under 800 degrees Fahrenheit
• Sell a firearm that has been stolen

Anyone who sells or delivers 3 or more firearms in violation of any of the provisions listed here may be charged with the offense of gunrunning in Chicago or Cook County.

What Are the Penalties for Gunrunning in Chicago, Illinois?

Gunrunning or gun trafficking is a serious felony in the state of Illinois. The offense is always charged as a high-level felony, resulting in the potential for lengthy prison sentences.

The felony charge a person faces for gunrunning depends on the number of guns they allegedly sold or transferred. The more guns involved, the longer the possible prison sentences someone faces. The statute outlines the following sentences:

• The standard sentence for gunrunning is a Class 1 felony
• Gunrunning involving selling firearms to minors is a Class X felony
• Trafficking 11 to 20 firearms is a Class X felony with a sentence between 8 and 40 years
• Trafficking 20 or more firearms is a Class X felony with a sentence between 10 and 50 years

Collateral Consequences of a Chicago, Illinois Gunrunning Conviction

On top of the highly punitive prison sentences involved with a Chicago gunrunning convictions, those found guilty can face collateral consequences that can follow them for the rest of their lives. Some of these consequences are legal, while others affect an individual’s personal life.

Loss of Firearm Rights

A felony gunrunning conviction can permanently strep a person of their right to possess, carry, or buy guns under both Illinois law and federal law. Individuals with a felony on their record are typically prohibited from owning firearms, obtaining a FOID card, or legally carrying a weapon, resulting in long-term restrictions on their Second-Amendment rights.

Employment Barriers

Felony weapons charge convictions can create significant obstacles when seeking employment in the Chicago area. Many employers conduct criminal background checks, and a felony conviction can disqualify applicants from certain positions, especially ones involving security or government work. A gunrunning charge can severely limit your career opportunities.

Housing Issues

Individuals with a felony gunrunning conviction may encounter difficulties securing housing in Chicago and Cook County. Landlords usually perform background checks on potential tenants and may deny rental applicants with a felony record. Public housing authorities may also impose restrictions on applicants with weapons-related criminal convictions, making it tougher to find stable, affordable housing.

Child Custody and Visitation Consequences

A gunrunning felony can affect child custody and visitation disputes. Chicago family courts always make their rulings based on the best interests of children, and they may consider a parent’s criminal history when evaluating parental fitness. While a conviction doesn’t automatically eliminate parental rights, it could certainly influence custody arrangements and visitation schedules.

Immigration Consequences

For non-citizens, a felony gunrunning conviction can lead to serious immigration-related consequences. Depending on the circumstances, a conviction can result in inadmissibility, denial of immigration benefits, difficulty obtaining lawful status, or even deportation. Immigration authorities like ICE usually treat firearm-related offenses seriously, making the consequences all the more dire.

Professional Licensing Impacts

Being convicted of felony gunrunning can also jeopardize current and future professional licenses. Licensing boards in the healthcare, legal, real estate, education, and finance industries may deny applicants, suspend licenses, or kick off disciplinary proceedings based on a felony conviction, limiting professional advancement and affecting long-term career prospects.

Criminal Defense Strategies Against Chicago Gunrunning Charges

While a Chicago gunrunning charge is very serious, a good defense lawyer can help. At Combs Waterkotte, we’ve handled weapons cases in the Cook County area before. We employ the following criminal defense strategies to help fight back against gun trafficking charges.

Challenging Illegal Searches and Seizures

A criminal defense lawyer can argue that Chicago police violated a defendant’s Fourth Amendment rights during a traffic stop, home search, or other firearm-related investigation. If officers conducted a search without a valid warrant or probable cause, critical evidence may be suppressed. When illegal firearms or ammunition are excluded from evidence, the prosecution’s charges become that much harder to prove.

Arguing Lack of Knowledge

Many Chicago area gunrunning cases require proof that a defendant knowingly participated in an unlawful firearm transfer. A defense attorney can argue that the accused individual did not know the recipient was prohibited from possessing firearms, didn’t know that a fun was stolen, or was unaware of circumstances making the transaction illegal. By challenging evidence regarding the defendant’s knowledge, a lawyer can create reasonable doubt.

Demonstrating a Lack of Intent

Intent is a critical issue in firearm-related prosecutions. A defense attorney can present evidence proving that the defendant did not intend to engage in unlawful firearm trafficking or knowingly violate Illinois gun laws. Misunderstandings, clerical errors, mistaken beliefs regarding legal requirements, or accidental involvement in an illegal transaction can undermine the prosecution’s theory of the crime.

Raising an Entrapment Defense

In some gunrunning investigations, undercover operations play a significant role. Entrapment applies when these undercover officers or their confidential informants improperly persuade or induce a person to commit a crime they otherwise wouldn’t have. A defense lawyer may be able to argue that authorities crossed the line from observing criminal activity to creating it. If successful, an entrapment defense can result in an acquittal or dismissal.

Challenging the Number of Firearms Involved

The number of firearms allegedly transferred can dramatically affect the severity of a gunrunning charge and the potential sentence involved. Defense lawyers can closely examine transaction records, witness statements, and police reports to determine whether prosecutors improperly counted forearms or combined separate incidents If the defense can reduce the number of qualifying guns involved, the charges may be drastically reduced.

Contesting Ownership or Possession of Firearms

In most weapons trafficking cases, prosecutors must be able to show that a defendant possessed, controlled, or transferred the guns in question. A defense attorney can argue that the guns in question belonged to someone else, that the defendant lacked control over them, or that investigators misidentified the responsible party. By challenging the connection between the accused and the weapons, the defense team can create reasonable doubt and undermine the prosecution’s case.

Excluding Improper Statements and Confessions

Statements made during police questioning can have an outsized impact on the results of a gunrunning charge. But defense lawyers can seek to suppress admissions that may have been obtained in violation of a defendant’s constitutional rights, like Fifth Amendment or Miranda rights violations. If damaging confessions are excluded, the prosecution’s entire case can collapse.