093_HB0312enr

 
HB0312 Enrolled                      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 Enrolled             -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 a firearm with intent
12        to  deliver the firearm in violation of subsection (b) or
13        by purchasing a firearm in violation of subsection (c):
14                  (A)  is  guilty  of  a  Class  4   felony   for
15             purchasing or attempting to purchase one firearm;
16                  (B)  is   guilty   of  a  Class  3  felony  for
17             purchasing or attempting to purchase not less than 2
18             firearms and not more than 5 firearms  at  the  same
19             time or within a one year period;
20                  (C)  is   guilty   of  a  Class  2  felony  for
21             purchasing or attempting to purchase not less than 6
22             firearms and not more than 10 firearms at  the  same
23             time or within a 2 year period;
24                  (D)  is   guilty   of  a  Class  1  felony  for
25             purchasing or attempting to purchase not  less  than
26             11  firearms  and  not  more than 20 firearms at the
27             same time or within a 3 year 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  or  attempting  to
32             purchase not less than 21 firearms and not more than
33             30  firearms  at  the  same  time or within a 4 year
34             period;
 
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 1                  (F)  is guilty of a Class X  felony  for  which
 2             the   person   shall  be  sentenced  to  a  term  of
 3             imprisonment of  not less than 6 years and not  more
 4             than  40  years  for  purchasing  or  attempting  to
 5             purchase not less than 31 firearms and not more than
 6             40  firearms  at  the  same  time or within a 5 year
 7             period;
 8                  (G)  is guilty of a Class X  felony  for  which
 9             the   person   shall  be  sentenced  to  a  term  of
10             imprisonment of not less than 6 years and  not  more
11             than  50  years  for  purchasing  or  attempting  to
12             purchase  more  than 40 firearms at the same time or
13             within a 6 year period.
14             (2)  In addition to any other penalty  that  may  be
15        imposed  for  a  violation of this Section, the court may
16        sentence a person convicted of a violation of  subsection
17        (c)  of this Section to a fine not to exceed $250,000 for
18        each violation.
19    (Source: P.A. 91-265, eff. 1-1-00.)

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.