State of Illinois
92nd General Assembly
Legislation

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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.

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