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[ Engrossed ] | [ House Amendment 001 ] |
92_HB0831 LRB9202762RCdv 1 AN ACT concerning 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 -2- LRB9202762RCdv 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 one firearm; 16 (B) is guilty of a Class 3 felony for 17 purchasing not less than 2 firearms and not more 18 than 5 firearms at the same time or within a one 19 year period; 20 (C) is guilty of a Class 2 felony for 21 purchasing not less than 6 firearms and not more 22 than 10 firearms at the same time or within a 2 year 23 period; 24 (D) is guilty of a Class 1 felony for 25 purchasing not less than 11 firearms and not more 26 than 20 firearms at the same time or within a 3 year 27 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 not less than 21 32 firearms and not more than 30 firearms at the same 33 time or within a 4 year period; 34 (F) is guilty of a Class X felony for which -3- LRB9202762RCdv 1 the person shall be sentenced to a term of 2 imprisonment of not less than 6 years and not more 3 than 40 years for purchasing not less than 31 4 firearms and not more than 40 firearms at the same 5 time or within a 5 year period; 6 (G) is guilty of a Class X felony for which 7 the person shall be sentenced to a term of 8 imprisonment of not less than 6 years and not more 9 than 50 years for purchasing more than 40 firearms 10 at the same time or within a 6 year period. 11 (1.5) A person who commits the offense of unlawful 12 purchase of a firearm by purchasing a firearm with the 13 intent to deliver the firearm in violation of subsection 14 (b) or by purchasing a firearm in violation of subsection 15 (c) shall be sentenced to an additional term of 16 imprisonment of 10 years for each firearm purchased that 17 was: 18 (A) used in a crime that involved a violation 19 of the Cannabis Control Act or the Illinois 20 Controlled Substances Act; 21 (B) used in a crime committed against a law 22 enforcement officer; or 23 (C) used in the commission of a felony. 24 (2) In addition to any other penalty that may be 25 imposed for a violation of this Section, the court may 26 sentence a person convicted of a violation of subsection 27 (c) of this Section to a fine not to exceed $250,000 for 28 each violation. 29 (Source: P.A. 91-265, eff. 1-1-00.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.