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| [ Senate Amendment 002 ] |
91_SB0234sam001
LRB9100438RCpkam
1 AMENDMENT TO SENATE BILL 234
2 AMENDMENT NO. . Amend Senate Bill 234 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 1961 is amended by
5 adding Section 24-3.5 as follows:
6 (720 ILCS 5/24-3.5 new)
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.
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1 (b) A person commits the offense of unlawful purchase of
2 a firearm who knowingly purchases or attempts to purchase a
3 firearm with the intent to deliver that firearm to another
4 person who is prohibited by federal or State law from
5 possessing a firearm.
6 (c) A person commits the offense of unlawful purchase of
7 a firearm when he or she, in purchasing or attempting to
8 purchase a firearm, intentionally provides false or
9 misleading information on a United States Department of the
10 Treasury, Bureau of Alcohol, Tobacco and Firearms firearms
11 transaction record form.
12 (d) Exemption. It is not a violation of subsection (b)
13 of this Section for a person to make a gift or loan of a
14 firearm to a person who is not prohibited by federal or State
15 law from possessing a firearm if the transfer of the firearm
16 is made in accordance with Section 3 of the Firearm Owners
17 Identification Card Act.
18 (e) Sentence. (1) A person who commits the offense of
19 unlawful purchase of a firearm by purchasing a firearm with
20 intent to deliver the firearm in violation of subsection (b)
21 or by purchasing a firearm in violation of subsection (c):
22 (A) is guilty of a Class 4 felony for
23 purchasing one firearm;
24 (B) is guilty of a Class 3 felony for
25 purchasing not less than 2 firearms and not more
26 than 5 firearms at the same time or within a one
27 year period;
28 (C) is guilty of a Class 2 felony for
29 purchasing not less than 6 firearms and not more
30 than 10 firearms at the same time or within a 2 year
31 period;
32 (D) is guilty of a Class 1 felony for
33 purchasing not less than 11 firearms and not more
34 than 20 firearms at the same time or within a 3 year
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1 period;
2 (E) is guilty of a Class X felony for which
3 the person shall be sentenced to a term of
4 imprisonment of not less than 6 years and not more
5 than 30 years for purchasing not less than 21
6 firearms and not more than 30 firearms at the same
7 time or within a 4 year period;
8 (F) is guilty of a Class X felony for which
9 the person shall be sentenced to a term of
10 imprisonment of not less than 6 years and not more
11 than 40 years for purchasing not less than 31
12 firearms and not more than 40 firearms at the same
13 time or within a 5 year period;
14 (G) is guilty of a Class X felony for which
15 the person shall be sentenced to a term of
16 imprisonment of not less than 6 years and not more
17 than 50 years for purchasing more than 40 firearms
18 at the same time or within a 6 year period.
19 (2) A person who violates this Section by
20 purchasing with the intent to deliver in this State any
21 firearm to a person he or she knows does not possess a
22 valid Firearm Owner's Identification Card is guilty of a
23 Class A misdemeanor if the person purchasing the firearm
24 proves that the intended delivery of the firearm was to a
25 member of the person's immediate family who is over the
26 age of 18.
27 (3) In addition to any other penalty that may be
28 imposed for a violation of this Section, the court may
29 sentence a person convicted of a violation of subsection
30 (c) of this Section to a fine not to exceed $250,000 for
31 each violation.".