People v. Deleon

Illinois Appellate Court
Civil Court
Firearms
Citation
Case Number: 
2015 IL App (1st) 131308
Decision Date: 
Thursday, May 28, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed.
Justice: 
ELLIS
Defendant was convicted, after bench trial, of unlawful sale or delivery of a firearm. State's evidence showed that Defendant acted as straw purchaser of handgun for his friend at store in Indiana and then gave gun to friend after return to Illinois. Defendant and his friend were not "buyer and seller" and did not reach an "agreement to purchase" a firearm under Section 24-3(A)(g) of Criminal Code. Providing service of acting as a straw purchaser for another person, where that service is the only purpose of the transaction between the two persons, and the price of the gun was not integral part of transaction, no violation of Section 24-3(A)(g). (HOWSE and COBBS, concurring.)