Illinois General Assembly - Full Text of HB0312
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Full Text of HB0312  93rd General Assembly

HB0312sam001 93rd General Assembly


093_HB0312sam001

 










                                     LRB093 04124 RLC 14803 a

 1                     AMENDMENT TO HOUSE BILL 312

 2        AMENDMENT NO.     .  Amend House Bill  312  by  replacing
 3    everything after the enacting clause with the following:

 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.
 
                            -2-      LRB093 04124 RLC 14803 a
 1        (b)  A person commits the offense of unlawful purchase of
 2    a  firearm  who knowingly purchases or attempts to purchase a
 3    firearm with the intent to deliver that  firearm  to  another
 4    person  who  is  prohibited  by  federal  or  State  law from
 5    possessing a firearm.
 6        (c)  A person commits the offense of unlawful purchase of
 7    a firearm when he or she,  in  purchasing  or  attempting  to
 8    purchase   a   firearm,   intentionally   provides  false  or
 9    misleading information on a United States Department  of  the
10    Treasury,  Bureau  of  Alcohol, Tobacco and Firearms firearms
11    transaction record form.
12        (d)  Exemption. It is not a violation of  subsection  (b)
13    of  this  Section  for  a  person to make a gift or loan of a
14    firearm to a person who is not prohibited by federal or State
15    law from possessing a firearm if the transfer of the  firearm
16    is  made  in  accordance with Section 3 of the Firearm Owners
17    Identification Card Act.
18        (e)  Sentence.
19             (1)  A person who commits the  offense  of  unlawful
20        purchase of a firearm by purchasing a firearm with intent
21        to  deliver the firearm in violation of subsection (b) or
22        by purchasing a firearm in violation of subsection (c):
23                  (A)  is  guilty  of  a  Class  4   felony   for
24             purchasing or attempting to purchase one firearm;
25                  (B)  is   guilty   of  a  Class  3  felony  for
26             purchasing or attempting to purchase not less than 2
27             firearms and not more than 5 firearms  at  the  same
28             time or within a one year period;
29                  (C)  is   guilty   of  a  Class  2  felony  for
30             purchasing or attempting to purchase not less than 6
31             firearms and not more than 10 firearms at  the  same
32             time or within a 2 year period;
33                  (D)  is   guilty   of  a  Class  1  felony  for
34             purchasing or attempting to purchase not  less  than
 
                            -3-      LRB093 04124 RLC 14803 a
 1             11  firearms  and  not  more than 20 firearms at the
 2             same time or within a 3 year period;
 3                  (E)  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  30  years  for  purchasing  or  attempting  to
 7             purchase not less than 21 firearms and not more than
 8             30  firearms  at  the  same  time or within a 4 year
 9             period;
10                  (F)  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  40  years  for  purchasing  or  attempting  to
14             purchase not less than 31 firearms and not more than
15             40  firearms  at  the  same  time or within a 5 year
16             period;
17                  (G)  is guilty of a Class X  felony  for  which
18             the   person   shall  be  sentenced  to  a  term  of
19             imprisonment of not less than 6 years and  not  more
20             than  50  years  for  purchasing  or  attempting  to
21             purchase  more  than 40 firearms at the same time or
22             within a 6 year period.
23             (2)  In addition to any other penalty  that  may  be
24        imposed  for  a  violation of this Section, the court may
25        sentence a person convicted of a violation of  subsection
26        (c)  of this Section to a fine not to exceed $250,000 for
27        each violation.
28    (Source: P.A. 91-265, eff. 1-1-00.)

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.".