Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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720 ILCS 5/24-3.5

    (720 ILCS 5/24-3.5)
    Sec. 24-3.5. Unlawful purchase of a firearm.
    (a) For purposes of this Section, "firearms transaction record form" means a form:
        (1) executed by a transferee of a firearm stating:
    
(i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and
        (2) on which the transferee certifies that he or she
    
is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce.
    (b) A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.
    (c) A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form.
    (d) Exemption. It is not a violation of subsection (b) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act.
    (e) Sentence.
        (1) A person who commits the offense of unlawful
    
purchase of a firearm:
            (A) is guilty of a Class 2 felony for purchasing
        
or attempting to purchase one firearm;
            (B) is guilty of a Class 1 felony for purchasing
        
or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;
            (C) is guilty of a Class X felony for which the
        
offender shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years for purchasing or attempting to purchase not less than 6 firearms at the same time or within a 2 year period.
        (2) In addition to any other penalty that may be
    
imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation.
    (f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense.
(Source: P.A. 95-882, eff. 1-1-09.)