Unlawful Sale or Delivery of a Firearm Charges in Skokie, Illinois

The unlawful sale or delivery of a firearm is a serious offense in Illinois, carrying significant legal consequences, including potential prison time, substantial fines, and a permanent criminal record. If you are facing charges related to the unlawful sale or delivery of a firearm in Skokie, it is crucial to understand the nature of these charges, the potential penalties, and the importance of securing experienced legal representation to protect your rights and future.

What Constitutes Unlawful Sale or Delivery of a Firearm?

Under Illinois law, specifically 720 ILCS 5/24-3, unlawful sale or delivery of a firearm occurs when an individual knowingly sells, gives, or otherwise transfers a firearm to another person under certain prohibited circumstances, including:

• Sale to a minor: Selling or transferring a firearm to a person under the age of 18, or under the age of 21 if the firearm is a handgun.
• Sale without a valid FOID card: Selling or transferring a firearm to a person who does not possess a valid Firearm Owner’s Identification (FOID) card.
• Sale to a convicted felon: Selling or transferring a firearm to a person who has been convicted of a felony.
• Sale of a defaced firearm: Selling or transferring a firearm that has had its serial number or other identifying marks altered or removed.
• Failure to conduct a background check: Failing to conduct a required background check or comply with other legal requirements in the sale or transfer of a firearm.

Penalties for Unlawful Sale or Delivery of a Firearm in Skokie

The penalties for the unlawful sale or delivery of a firearm in Illinois can vary depending on the circumstances of the offense:

• Class 4 Felony: In many cases, unlawful sale or delivery of a firearm is classified as a Class 4 felony, with potential penalties including 1 to 3 years in prison and fines up to $25,000.
• Class 3 Felony: If the sale or delivery involves a minor, a firearm with a defaced serial number, or a prohibited person such as a convicted felon, the offense may be elevated to a Class 3 felony, carrying penalties of 2 to 5 years in prison and fines up to $25,000.
• Class 2 Felony: In cases involving multiple firearms, especially if sold or delivered to minors or convicted felons, the charge may be elevated to a Class 2 felony, with penalties of 3 to 7 years in prison and fines up to $25,000.
• Permanent criminal record: A conviction for the unlawful sale or delivery of a firearm will result in a permanent criminal record, which can severely impact your ability to find employment, secure housing, and maintain personal and professional relationships.

Defending Against Unlawful Sale or Delivery of a Firearm Charges in Skokie

Given the severe penalties associated with these charges, a strong defense is essential. Some potential defense strategies include:

• Lack of knowledge: The prosecution must prove that you knowingly sold or delivered the firearm under prohibited circumstances. If you were unaware that the buyer was a minor, a convicted felon, or lacked a valid FOID card, the charges may be reduced or dismissed.
• Mistaken identity: If you were wrongly identified as the person who sold or delivered the firearm, presenting evidence of mistaken identity or an alibi can be crucial.
• Compliance with the law: If you followed all legal requirements, including conducting background checks and verifying the buyer’s FOID card, this could serve as a defense.
• Violation of rights: If your rights were violated during the investigation or arrest, such as through unlawful search and seizure or improper handling of evidence, it may be possible to suppress key evidence, weakening the prosecution’s case.

Why Choose Andrew M. Weisberg as Your Skokie Defense Attorney for Unlawful Sale or Delivery of a Firearm?

Andrew M. Weisberg is a highly experienced criminal defense attorney with a deep understanding of Illinois law and a proven track record of defending clients against charges like the unlawful sale or delivery of a firearm in Skokie and throughout Cook County. His background as a former prosecutor provides him with unique insights into the prosecution’s strategies, enabling him to build a strong and effective defense tailored to your case.

Contact Andrew M. Weisberg for a free consultation today at (847) 350-1266 to discuss your case. With his dedication to protecting your rights and fighting for the best possible outcome, Andrew is the advocate you need in these challenging legal circumstances.