Purchasing, Selling, and Manufacturing Weapons

Weapon transactions are regulated by Illinois and the federal government. State laws below are superseded by federal standards.

Unlawful Purchase of Firearm - 720 ILCS 5/24-3.5

  • This statute includes two sections:

    • 1) for people who intend to provide others with firearms illegally.

      • 720 ILCS 5/24-3.5 (b): The unlawful purchase of a firearm is when someone knowingly purchases (or attempts to purchase) a firearm, with the intent to deliver that firearm to another person who is prohibited to possess a firearm.

OR

  • 2) intentionally misrepresent their identification to purchase a firearm.

    • 720 ILCS 5/24-3.5 (c): The unlawful purchase of a firearm is when someone knowingly purchases (or attempts to purchase) a firearm, and intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form.

  • Exceptions to both subsections include lawful acts under the FOID act, including gifts.

  • Sentencing for this statute is based on the amount of firearms a person purchases or attempts to purchase and allows punitive fines up to 250k, and delayed prosecution of up to six (6) years: 

    • One (1) firearm is a class 2 felony. 

    • Two (2) to five (5) is a class 1 felony. 

    • Five plus (5+) is a class X felony. 

Unlawful Purchase of Firearm in the Shape of a Telephone - 720 ILCS 5/24-3.6

  • It is illegal to disguise a firearm, or projectile shooting device, in the shape of a wireless telephone. Possessing a firearm in a misleading way to appear like a cellphone will result in a class 4 felony charge.

Unlawful Sale or Delivery of Firearms - 720 ILCS 5/24-3

  • Under this statute, It is illegal to knowingly sell, deliver, or transfer a firearm in violation of Illinois requirements. These laws apply to both licensed dealers and private individuals.

  • You may be charged with unlawful sale or delivery if you sell a firearm to someone without verifying a valid FOID card, transfer a firearm without complying with required background checks, deliver a firearm to someone who is prohibited from possessing one, sell or transfer a firearm without following required waiting periods, or transfer a firearm without properly documenting the transaction

  • Illinois requires strict compliance with FOID verification and transfer procedures. Even private sales between individuals are subject to these requirements

  • This is a class 4 felony, punishable by up to one (1) to three (3) years in the Illinois Department of Corrections.

Unlawful Sale or Delivery of Firearms on School Property - 720 ILCS 5/24-3.3

  • No person is permitted, regardless of date, time, or contract, be allowed to sell or deliver a firearm on school premises. School is defined as a public, private, secondary, community college, or university.

  • Exceptions to this statute include peace officers, students carrying or possessing firearms for use in school training courses, parades, or target shooting on school ranges as permitted by school authorities, and are required to follow all rules and regulations as to possession and transportation of firearms.

  • Anyone eighteen or older who sells, gives, or delivers a firearm to a person under the age of eighteen (18) will be charged with this statute, committed as a class 3 felony. 

Unlawful Sale or Delivery of Firearms by Liquor Licensee - 720 ILCS 5/24-3.4

  • It is unlawful for someone who holds a liquor license to also sell or deliver a firearm to another person on the real property the liquor license is issued to under the Illinois Liquor Control Commission or local liquor control commissioner under the Liquor Control Act of 1934. Exemptions include lawful acts under the FOID act. Violation of this statute is a class 4 felony.

Manufacture, Possession, Deliver, Sale of Assault Weapons - 720 ILCS 5/24-1.9

  • Under this statute it is illegal to manufacture, possess, deliver, sell, or purchase certain defined assault weapons and large capacity ammunition feeding devices.

  • The term “assault weapon” has a specific legal definition under Illinois statutes.

  • The law generally applies to, certain semi-automatic rifles, certain semi-automatic pistols, certain semi-automatic shotguns, firearms with specific listed features, and certain high-capacity magazines.

  • The statute includes detailed lists and definitions. Whether a firearm qualifies under the law can be a technical determination.

  • Under this charge, it is illegal to manufacture an assault weapon, deliver or transfer an assault weapon, sell an assault weapon, purchase an assault weapon, possess an assault weapon in violation of registration requirements.

  • This is a class 3 felony for the first conviction, any subsequent conviction is a class 2 felony.

Manufacture, Possession, Deliver, Sale of Large Capacity Ammunition Feeding Devices - 720 ILCS 5/24-1.10

  • Under this statute it is illegal to manufacture, possess, deliver, sell, purchase, or transfer certain large capacity ammunition feeding devices.

  • A large capacity ammunition feeding device generally refers to a magazine, belt, drum, or similar device that can feed more than a specified number of rounds of ammunition. Illinois law limits the number of rounds that certain firearms may be equipped to accept. The exact threshold depends on the type of firearm and statutory definition.

  • Under this charge it is unlawful to manufacture a prohibited large capacity feeding device, deliver or transfer such a device, sell such a device, purchase such a device, possess such a device in violation of the law.

  • Many cases turn on technical questions about the device’s capacity and classification.

  • This charge only carries a monetary punishment up to $1,000.00 per violation.

Manufacture, Possession, Deliver, Sale of Firearm Projectiles (Speciality Ammunition) - 720 ILCS 5/24-2.2

  • Under this statute it is illegal to manufacture, sell, deliver, or purchase certain firearm projectiles such as armor piercing bullets, metal piercing bullets, and explosive or enhanced projectiles.

  • This law makes it illegal to manufacture, sell, deliver, purchase, or possess these specific projectiles. Unlike firearm statutes, this law focuses specifically on the ammunition itself rather than the firearm. A person can be charged even if no firearm was recovered.

  • Not all uncommon ammunition qualifies. The prosecutor must prove that the projectile meets the legal definition under Illinois law.

  • This is a class 3 felony, punishable by two (2) to (5) years in the Illinois Department of Corrections.

Gunrunning - 720 ILCS 5/24-3A

  • Someone can be charged with gunrunning if they knowingly engage in the business of transferring firearms illegally or transport multiple firearms with the intent to unlawfully sell, transfer, or deliver them.

  • Unlike simple unlawful sale or delivery, gunrunning typically applies when multiple firearms are involved, there is intent to distribute or traffic weapons, the conduct suggests a pattern or business activity, and/or firearms are transported for unlawful resale.

  • The statute is designed to address firearm trafficking rather than individual sales, carrying a class 1 felony punishment if convicted. 

Firearm Trafficking - 720 ILCS 5/24-3B

  • A person can be charged with firearm trafficking if they knowingly bring firearms into Illinois for unlawful sale or transfer, or if they transfer firearms to individuals who are legally prohibited from possessing them. 

  • Firearm trafficking generally involves knowingly engaging in the movement or transfer of firearms in violation of Illinois law, such as bringing firearms into Illinois for unlawful sale, purchasing firearms outside Illinois and transferring them illegally within the state, or selling or delivering multiple firearms to someone known to be prohibited from possessing them.

  • This charge is a class 1 felony, which can be upgraded to a class X felony depending on the reportable background.