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91_SB0234enr
SB234 Enrolled LRB9100438RCksB
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 24-3.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by adding
6 Section 24-3.5 as follows:
7 (720 ILCS 5/24-3.5 new)
8 Sec. 24-3.5. Unlawful purchase of a firearm.
9 (a) For purposes of this Section, "firearms transaction
10 record form" means a form:
11 (1) executed by a transferee of a firearm stating:
12 (i) the transferee's name and address (including county
13 or similar political subdivision); (ii) whether the
14 transferee is a citizen of the United States; (iii) the
15 transferee's State of residence; and (iv) the date and
16 place of birth, height, weight, and race of the
17 transferee; and
18 (2) on which the transferee certifies that he or
19 she is not prohibited by federal law from transporting or
20 shipping a firearm in interstate or foreign commerce or
21 receiving a firearm that has been shipped or transported
22 in interstate or foreign commerce or possessing a firearm
23 in or affecting commerce.
24 (b) A person commits the offense of unlawful purchase of
25 a firearm who knowingly purchases or attempts to purchase a
26 firearm with the intent to deliver that firearm to another
27 person who is prohibited by federal or State law from
28 possessing a firearm.
29 (c) A person commits the offense of unlawful purchase of
30 a firearm when he or she, in purchasing or attempting to
31 purchase a firearm, intentionally provides false or
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1 misleading information on a United States Department of the
2 Treasury, Bureau of Alcohol, Tobacco and Firearms firearms
3 transaction record form.
4 (d) Exemption. It is not a violation of subsection (b)
5 of this Section for a person to make a gift or loan of a
6 firearm to a person who is not prohibited by federal or State
7 law from possessing a firearm if the transfer of the firearm
8 is made in accordance with Section 3 of the Firearm Owners
9 Identification Card Act.
10 (e) Sentence. (1) A person who commits the offense of
11 unlawful purchase of a firearm by purchasing a firearm with
12 intent to deliver the firearm in violation of subsection (b)
13 or by purchasing a firearm in violation of subsection (c):
14 (A) is guilty of a Class 4 felony for
15 purchasing one firearm;
16 (B) is guilty of a Class 3 felony for
17 purchasing not less than 2 firearms and not more
18 than 5 firearms at the same time or within a one
19 year period;
20 (C) is guilty of a Class 2 felony for
21 purchasing not less than 6 firearms and not more
22 than 10 firearms at the same time or within a 2 year
23 period;
24 (D) is guilty of a Class 1 felony for
25 purchasing not less than 11 firearms and not more
26 than 20 firearms at the same time or within a 3 year
27 period;
28 (E) is guilty of a Class X felony for which
29 the person shall be sentenced to a term of
30 imprisonment of not less than 6 years and not more
31 than 30 years for purchasing not less than 21
32 firearms and not more than 30 firearms at the same
33 time or within a 4 year period;
34 (F) is guilty of a Class X felony for which
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1 the person shall be sentenced to a term of
2 imprisonment of not less than 6 years and not more
3 than 40 years for purchasing not less than 31
4 firearms and not more than 40 firearms at the same
5 time or within a 5 year period;
6 (G) is guilty of a Class X felony for which
7 the person shall be sentenced to a term of
8 imprisonment of not less than 6 years and not more
9 than 50 years for purchasing more than 40 firearms
10 at the same time or within a 6 year period.
11 (2) In addition to any other penalty that may be
12 imposed for a violation of this Section, the court may
13 sentence a person convicted of a violation of subsection
14 (c) of this Section to a fine not to exceed $250,000 for
15 each violation.
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