HB0312 93rd General Assembly

093_HB0312

 
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 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 24-3.5 as follows:

 6        (720 ILCS 5/24-3.5)
 7        Sec. 24-3.5.  Unlawful purchase of a firearm.
 8        (a)  For purposes of this Section, "firearms  transaction
 9    record form" means a form:
10             (1)  executed  by a transferee of a firearm stating:
11        (i) the transferee's name and address  (including  county
12        or  similar  political  subdivision);  (ii)  whether  the
13        transferee  is  a citizen of the United States; (iii) the
14        transferee's State of residence; and (iv)  the  date  and
15        place   of   birth,  height,  weight,  and  race  of  the
16        transferee; and
17             (2)  on which the transferee certifies  that  he  or
18        she is not prohibited by federal law from transporting or
19        shipping  a  firearm in interstate or foreign commerce or
20        receiving a firearm that has been shipped or  transported
21        in interstate or foreign commerce or possessing a firearm
22        in or affecting commerce.
23        (b)  A person commits the offense of unlawful purchase of
24    a  firearm  who knowingly purchases or attempts to purchase a
25    firearm with the intent to deliver that  firearm  to  another
26    person  who  is  prohibited  by  federal  or  State  law from
27    possessing a firearm.
28        (c)  A person commits the offense of unlawful purchase of
29    a firearm when he or she,  in  purchasing  or  attempting  to
30    purchase   a   firearm,   intentionally   provides  false  or
31    misleading information on a United States Department  of  the
 
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 1    Treasury,  Bureau  of  Alcohol, Tobacco and Firearms firearms
 2    transaction record form.
 3        (d)  Exemption. It is not a violation of  subsection  (b)
 4    of  this  Section  for  a  person to make a gift or loan of a
 5    firearm to a person who is not prohibited by federal or State
 6    law from possessing a firearm if the transfer of the  firearm
 7    is  made  in  accordance with Section 3 of the Firearm Owners
 8    Identification Card Act.
 9        (e)  Sentence.
10             (1)  A person who commits the  offense  of  unlawful
11        purchase  of  a  firearm  by  purchasing or attempting to
12        purchase a firearm with intent to deliver the firearm  in
13        violation   of   subsection   (b)  or  by  purchasing  or
14        attempting  to  purchase  a  firearm  in   violation   of
15        subsection (c):
16                  (A)  is   guilty   of  a  Class  4  felony  for
17             purchasing or attempting to purchase one firearm;
18                  (B)  is  guilty  of  a  Class  3   felony   for
19             purchasing or attempting to purchase not less than 2
20             firearms  and  not  more than 5 firearms at the same
21             time or within a one year period;
22                  (C)  is  guilty  of  a  Class  2   felony   for
23             purchasing or attempting to purchase not less than 6
24             firearms  and  not more than 10 firearms at the same
25             time or within a 2 year period;
26                  (D)  is  guilty  of  a  Class  1   felony   for
27             purchasing  or  attempting to purchase not less than
28             11 firearms and not more than  20  firearms  at  the
29             same time or within a 3 year period;
30                  (E)  is  guilty  of  a Class X felony for which
31             the  person  shall  be  sentenced  to  a   term   of
32             imprisonment  of  not less than 6 years and not more
33             than  30  years  for  purchasing  or  attempting  to
34             purchase not less than 21 firearms and not more than
 
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 1             30 firearms at the same time  or  within  a  4  year
 2             period;
 3                  (F)  is  guilty  of  a Class X felony for which
 4             the  person  shall  be  sentenced  to  a   term   of
 5             imprisonment  of  not less than 6 years and not more
 6             than  40  years  for  purchasing  or  attempting  to
 7             purchase not less than 31 firearms and not more than
 8             40 firearms at the same time  or  within  a  5  year
 9             period;
10                  (G)  is  guilty  of  a Class X felony for which
11             the  person  shall  be  sentenced  to  a   term   of
12             imprisonment  of  not less than 6 years and not more
13             than  50  years  for  purchasing  or  attempting  to
14             purchase more than 40 firearms at the same  time  or
15             within a 6 year period.
16             (2)  In  addition  to  any other penalty that may be
17        imposed for a violation of this Section,  the  court  may
18        sentence  a person convicted of a violation of subsection
19        (c) of this Section to a fine not to exceed $250,000  for
20        each violation.
21    (Source: P.A. 91-265, eff. 1-1-00.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.