093_HB0312
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
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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.