Penalties for Straw Purchasing in Illinois

Straw purchasing, the act of buying a firearm on behalf of someone else who is legally prohibited from purchasing one, is a serious offense in Illinois with significant legal consequences. Understanding the penalties associated with straw purchasing is crucial for anyone involved in firearm transactions. In Illinois, those convicted of straw purchasing can face severe fines, lengthy prison sentences, and a permanent criminal record.

These stringent penalties reflect the state's commitment to preventing illegal gun sales and reducing gun violence. If you're facing charges related to straw purchasing, it's imperative to seek legal counsel immediately to navigate the complexities of your case.

At Ktenas Law, our experienced weapons lawyers in Chicago prioritize defending clients against firearm-related charges, including straw purchasing. We are dedicated to providing comprehensive legal support, ensuring that your rights are protected throughout the legal process.

Don't face these severe penalties alone—call us today at (312) 756-8652 to schedule a free consultation and let us help you build a robust defense strategy tailored to your case.

Federal Laws on Straw Purchasing

Straw purchasing, the unlawful act of buying firearms on behalf of someone who is prohibited from owning them, is a serious offense under federal law.

The Gun Control Act of 1968

The Gun Control Act of 1968 prohibits individuals from knowingly making false statements or providing false information when purchasing firearms from licensed gun dealers. Under the GCA, it is illegal for individuals to:

• Lie on Form 4473: When purchasing a firearm from a licensed dealer, buyers must complete Form 4473, a Firearms Transaction Record. One of the questions on this form asks whether the buyer is the actual purchaser of the firearm. Lying on this form, such as falsely stating that the buyer is purchasing the firearm for themselves when it is actually for another person, is a federal offense.
• Transfer Firearms to Prohibited Persons: The GCA also prohibits the transfer of firearms to individuals who are legally barred from owning them, including felons, individuals with restraining orders, and those with certain mental health issues.

The Brady Handgun Violence Prevention Act

The Brady Act, enacted in 1993, introduced background checks for firearm purchases from licensed dealers. Straw purchasers may attempt to bypass background checks by purchasing firearms on behalf of prohibited individuals. This act criminalizes such circumvention, reinforcing the prohibitions established by the GCA.

Additionally, federal law prohibits the transfer or sale of firearms to individuals who are prohibited from owning them, such as felons, fugitives, individuals with domestic violence convictions, and those with certain mental health conditions. Anyone found guilty of engaging in a firearm straw purchase or facilitating the illegal transfer of firearms can face federal criminal charges, including substantial fines and lengthy prison sentences.

Federal Penalties for Straw Purchasing

Under federal law, individuals convicted of straw purchasing can face up to 10 years in federal prison and fines of up to $250,000. These penalties apply regardless of whether the firearm was actually used in a crime, emphasizing the government's intent to deter illegal gun purchases and reduce the risk of firearms falling into the wrong hands.

Related: Possession of a Weapon By a Felon

In addition to the lengthy prison sentences and substantial fines, those convicted of straw purchasing will also have a permanent criminal record, which can have long-lasting effects on their future. This criminal record can impact employment opportunities, housing, and other areas of life. The federal government prosecutes these cases aggressively, often seeking the maximum penalties to send a clear message about the seriousness of the offense.

State Laws on Straw Purchasing in Illinois

In Illinois, straw purchasing of firearms is also illegal and carries severe penalties under state law. The state's Firearm Owners Identification (FOID) Card Act requires individuals to obtain a FOID card before purchasing or possessing firearms or ammunition. It is unlawful for anyone to knowingly provide false information or make false statements on a FOID card application. Engaging in straw purchasing, where someone buys a firearm on behalf of an individual who is ineligible to possess one, violates these provisions.

Illinois law also prohibits the transfer or sale of firearms to individuals who are prohibited from owning them, such as convicted felons, individuals subject to domestic violence restraining orders, and those adjudicated as mentally incompetent. Violating these laws can result in serious criminal charges, including felony offenses, significant fines, and imprisonment.

If you are facing accusations of straw purchasing or related firearm offenses in Illinois, it's crucial to seek legal guidance from experienced attorneys who understand state firearm laws. Contact our law firm today to discuss your case and explore your legal options.

Illinois Penalties for Straw Purchasing

Under Illinois law, straw purchasing is classified as a felony offense. Depending on the circumstances, individuals convicted of this crime can face a Class 2 or Class 3 felony charge. A Class 2 felony carries a potential prison sentence of three to seven years, while a Class 3 felony can result in two to five years of imprisonment.

In addition to prison time, fines can be substantial, reaching up to $25,000. Furthermore, a conviction will lead to a permanent criminal record, which can adversely affect future employment, housing, and other aspects of life.

The state of Illinois takes straw purchasing very seriously, and law enforcement agencies are diligent in investigating and prosecuting these cases. In some instances, the penalties may be enhanced if the firearm purchased is used in the commission of a crime or if the purchaser knew or had reason to believe that the firearm would be used unlawfully.

Impact of a Straw Purchasing Conviction on Your Gun Ownership Rights

When convicted of a felony related to straw purchasing, individuals lose their Second Amendment rights, which means they cannot legally buy, own, or possess firearms or ammunition. This prohibition is enforced rigorously, and violating it can lead to further criminal charges and severe penalties, including additional prison time and fines.

Additionally, the loss of gun ownership rights extends beyond the federal level. State laws also enforce similar prohibitions. For instance, in Illinois, a person convicted of a felony related to straw purchasing would not be able to obtain or hold a Firearm Owner's Identification (FOID) card, which is required for legal gun ownership in the state. Without a FOID card, owning or attempting to purchase a firearm would constitute a criminal offense.

Learn More: Common Types of Weapons Charges in Chicago

The implications of losing gun ownership rights can be far-reaching. It affects personal security, hunting rights, and any professional activities that require the use of firearms, such as certain law enforcement or security jobs. For those who value their Second Amendment rights, the permanent nature of this prohibition is a significant and life-altering consequence of a straw purchasing conviction.

Call Ktenas for Help With Weapons Charges

Facing charges for straw purchasing in Illinois can have serious legal repercussions, including substantial fines, imprisonment, and a permanent criminal record. Understanding the complexities of these penalties and how they may impact your life is crucial. At Ktenas, our experienced legal team is dedicated to defending your rights and helping you navigate the legal system.

If you or a loved one is dealing with accusations of straw purchasing, don't face it alone. Contact us today for a confidential consultation to discuss your case and explore your options. Let us provide the strong legal representation you need to protect your future. Reach out to us now to get started.