State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]


92_HB0831eng

 
HB0831 Engrossed                               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
 
HB0831 Engrossed            -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  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
 
HB0831 Engrossed            -3-                LRB9202762RCdv
 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             (1.5)  A person who commits the offense of  unlawful
17        purchase  of  a  firearm  by  purchasing or attempting to
18        purchase a firearm with the intent to deliver the firearm
19        in violation  of  subsection  (b)  or  by  purchasing  or
20        attempting   to   purchase  a  firearm  in  violation  of
21        subsection (c) shall be sentenced to an  additional  term
22        of imprisonment of 10 years for each firearm purchased or
23        attempted to be purchased that was:
24                  (A)  used  in a crime that involved a violation
25             of  the  Cannabis  Control  Act  or   the   Illinois
26             Controlled Substances Act;
27                  (B)  used  in  a  crime committed against a law
28             enforcement officer; or
29                  (C)  used in the commission of a felony.
30             (2)  In addition to any other penalty  that  may  be
31        imposed  for  a  violation of this Section, the court may
32        sentence a person convicted of a violation of  subsection
33        (c)  of this Section to a fine not to exceed $250,000 for
34        each violation.
 
HB0831 Engrossed            -4-                LRB9202762RCdv
 1    (Source: P.A. 91-265, eff. 1-1-00.)

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.

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