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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_SB0234
LRB9100438RCksB
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 24-3.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by adding
6 Section 24-3.5 as follows:
7 (720 ILCS 5/24-3.5 new)
8 Sec. 24-3.5. Unlawful purchase of a firearm.
9 (a) For purposes of this Section:
10 (1) "Firearms transaction record form" means a
11 form:
12 (A) executed by a transferee of a firearm
13 stating: (i) the transferee's name and address
14 (including county or similar political subdivision);
15 (ii) whether the transferee is a citizen of the
16 United States; (iii) the transferee's State of
17 residence; and (iv) the date and place of birth,
18 height, weight, and race of the transferee; and
19 (B) on which the transferee certifies that he
20 or she is not prohibited by federal law from
21 transporting or shipping a firearm in interstate or
22 foreign commerce or receiving a firearm that has
23 been shipped or transported in interstate or foreign
24 commerce or possessing a firearm in or affecting
25 commerce.
26 (2) "Immediate family" means the person's spouse,
27 parent, brother, sister, uncle, aunt, child, or
28 grandchild.
29 (b) A person commits the offense of unlawful purchase of
30 a firearm who knowingly purchases a firearm with the intent
31 to deliver that firearm to another person who:
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1 (1) is not a member of the person's immediate
2 family; or
3 (2) is prohibited by federal or State law from
4 possessing a firearm.
5 (c) A person commits the offense of unlawful purchase of
6 a firearm when he or she, in purchasing a firearm,
7 intentionally provides false or misleading information on a
8 United States Department of the Treasury, Bureau of Alcohol,
9 Tobacco and Firearms firearms transaction record form.
10 (d) Exemption. It is not a violation of subsection (b)
11 of this Section for a person to make a gift of a firearm to a
12 person who is not a member of the person's immediate family
13 and who is not prohibited by federal or State law from
14 possessing a firearm if the transfer of the firearm is made
15 in accordance with Section 3 of the Firearm Owners
16 Identification Card Act.
17 (e) Sentence. (1) A person who commits the offense of
18 unlawful purchase of a firearm by purchasing a firearm with
19 intent to deliver the firearm in violation of subsection (b)
20 or by purchasing a firearm in violation of subsection (c):
21 (A) is guilty of a Class 4 felony for
22 purchasing one firearm;
23 (B) is guilty of a Class 3 felony for
24 purchasing not less than 2 firearms and not more
25 than 5 firearms at the same time or within a one
26 year period;
27 (C) is guilty of a Class 2 felony for
28 purchasing not less than 6 firearms and not more
29 than 10 firearms at the same time or within a 2 year
30 period;
31 (D) is guilty of a Class 1 felony for
32 purchasing not less than 11 firearms and not more
33 than 20 firearms at the same time or within a 3 year
34 period;
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1 (E) is guilty of a Class X felony for which
2 the person shall be sentenced to a term of
3 imprisonment of not less than 6 years and not more
4 than 30 years for purchasing not less than 21
5 firearms and not more than 30 firearms at the same
6 time or within a 4 year period;
7 (F) is guilty of a Class X felony for which
8 the person shall be sentenced to a term of
9 imprisonment of not less than 6 years and not more
10 than 40 years for purchasing not less than 31
11 firearms and not more than 40 firearms at the same
12 time or within a 5 year period;
13 (G) is guilty of a Class X felony for which
14 the person shall be sentenced to a term of
15 imprisonment of not less than 6 years and not more
16 than 50 years for purchasing more than 40 firearms
17 at the same time or within a 6 year period.
18 (2) A person who violates this Section by
19 purchasing with the intent to deliver in this State any
20 firearm to a person he or she knows does not possess a
21 valid Firearm Owner's Identification Card is guilty of a
22 Class A misdemeanor if the person purchasing the firearm
23 proves that the intended delivery of the firearm was to a
24 member of the person's immediate family who is over the
25 age of 18.
26 (3) In addition to any other penalty that may be
27 imposed for a violation of this Section, the court may
28 sentence a person convicted of a violation of subsection
29 (c) of this Section to a fine not to exceed $1,000,000
30 for each violation.