The Second Amendment to the U.S. Constitution affords you the right to own a firearm. In Illinois, to purchase a gun, you must obtain a Firearm Owners Identification Card (FOID) and submit federal form 4473. When filling out the information on these documents, you must ensure everything is complete and accurate. If you fail to provide correct information, you could be charged with a felony offense.
Buying a Gun for Someone Else
Illinois’ unlawful purchase of a firearm statute bans you from knowingly buying a gun under false pretenses. You are prohibited from purchasing a firearm for someone who cannot legally own one.
People that are not allowed to have firearms in the state include, but are not limited to:
- Convicted felons
- Individuals addicted to drugs
- Those with mental disabilities
- People who pose a danger to themselves or others
- Individuals who falsified information on a FOID application
- Those convicted of misdemeanor domestic violence
Before a dealer can sell a firearm, they must submit the application for a background check. If the individual is prohibited from having a gun, that will show up during processing, and their request will be denied.
Knowing this, they might ask you to make the purchase for them. By having you buy the gun, they bypass the background check process. However, if you submit an application with your information intending to give the weapon to another person, you could face criminal charges.
Buying a Gun for Yourself
Illinois law also prohibits you from falsifying information on your Firearm Transaction Record (FTR) form to buy a gun for yourself when you know you cannot have one. Providing inaccurate information could include your personal data, such as name or date of birth, as well as your criminal history.
A couple of sections on the FTR specifically ask about any current or past run-ins with the law. One requests that you indicate whether or not you are under indictment for a felony offense and the other asks if you have ever been convicted of a felony. If you are currently facing charges or have been found guilty in the past, you must state this on the form. The information will come up during the background check, and if what you put down is inconsistent with the government’s data, you could be criminally charged.
Potential Penalties
Unlawfully purchasing a firearm is a felony offense, the level of which depends on the number of weapons you tried to purchase.
If you knowingly falsified information, you could face:
- A Class 2 felony charge for buying or trying to buy 1 firearm
- A Class 1 felony for purchasing or attempting to purchase between 2 to 5 guns
- A Class X felony for buying or trying to buy 6 firearms at the same time or within 2 years
Contact the Law Office of Steven Fine for Aggressive Defense
If you’re facing a weapons charge for unlawfully purchasing a firearm, you could be looking at years behind bars. Additionally, a conviction could dramatically affect you for the rest of your life, making it difficult to get a job or find housing. Having an experienced lawyer on your side can help minimize the effects of a conviction. Our attorney has over 20 years of experience practicing law and will work toward getting your charges reduced or dropped.
To schedule a free consultation, call us at (312) 436-0638 or contact us online.
