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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
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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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