093_HB0312eng HB0312 Engrossed LRB093 04124 RLC 05616 b 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 HB0312 Engrossed -2- LRB093 04124 RLC 05616 b 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 HB0312 Engrossed -3- LRB093 04124 RLC 05616 b 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.