Public Act 93-0451

HB0312 Enrolled                      LRB093 04124 RLC 05616 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Criminal  Code  of  1961 is amended by
changing Section 24-3.5 as follows:

    (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 by purchasing a firearm with intent
    to  deliver the firearm in violation of subsection (b) or
    by purchasing a firearm in violation of subsection (c):
              (A)  is  guilty  of  a  Class  4   felony   for
         purchasing or attempting to purchase one firearm;
              (B)  is   guilty   of  a  Class  3  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  2  felony  for
         purchasing or attempting to purchase not less than 6
         firearms and not more than 10 firearms at  the  same
         time or within a 2 year period;
              (D)  is   guilty   of  a  Class  1  felony  for
         purchasing or attempting to purchase not  less  than
         11  firearms  and  not  more than 20 firearms at the
         same time or within a 3 year period;
              (E)  is guilty of a Class X  felony  for  which
         the   person   shall  be  sentenced  to  a  term  of
         imprisonment of not less than 6 years and  not  more
         than  30  years  for  purchasing  or  attempting  to
         purchase not less than 21 firearms and not more than
         30  firearms  at  the  same  time or within a 4 year
         period;
              (F)  is guilty of a Class X  felony  for  which
         the   person   shall  be  sentenced  to  a  term  of
         imprisonment of  not less than 6 years and not  more
         than  40  years  for  purchasing  or  attempting  to
         purchase not less than 31 firearms and not more than
         40  firearms  at  the  same  time or within a 5 year
         period;
              (G)  is guilty of a Class X  felony  for  which
         the   person   shall  be  sentenced  to  a  term  of
         imprisonment of not less than 6 years and  not  more
         than  50  years  for  purchasing  or  attempting  to
         purchase  more  than 40 firearms at the same time or
         within a 6 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.
(Source: P.A. 91-265, eff. 1-1-00.)

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