94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1230


 
Introduced 2/18/2005, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/24-3.5









    Amends the Criminal Code of 1961.  Makes a technical change in the Section concerning the unlawful purchase of a firearm.
















LRB094 05674 RLC 35723 b

















 


 


A BILL FOR









 











SB1230

LRB094 05674 RLC 35723 b






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    AN ACT concerning criminal law.

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


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



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    (720 ILCS 5/24-3.5)


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    Sec. 24-3.5. Unlawful purchase of a firearm. 

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    (a) For purposes of this
this Section,
"firearms 
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transaction record form" means a form:


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        (1) executed by a transferee
of a firearm stating: (i) 
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    the transferee's name and address (including county
or 
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    similar political subdivision); (ii) whether the 
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    transferee is a citizen of
the United States;
(iii) the 
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    transferee's State of residence; and (iv) the date and 
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    place of
birth, height, weight, and race of the transferee; 
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    and


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        (2) on which the transferee certifies that he or she is 
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    not
prohibited by federal law from transporting or shipping 
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    a firearm
in interstate or foreign commerce or receiving a 
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    firearm that has been shipped
or transported in interstate 
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    or foreign commerce or possessing a firearm in or
affecting 
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    commerce.

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    (b) A person commits the offense of unlawful purchase of a 
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firearm who
knowingly purchases or attempts to purchase a

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firearm with the intent to deliver that firearm to another 
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person who
is prohibited by federal or State law from 
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possessing a firearm.

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    (c) A person commits the offense of unlawful purchase of a 
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firearm when he
or she, in purchasing or attempting to purchase 
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a firearm, intentionally
provides false or
misleading 
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information on a United States Department of the Treasury, 
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Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
 


 






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record form.

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    (d) Exemption. It is not a violation of subsection (b) of 
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this Section for a
person to make a gift or loan of a firearm to 
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a
person who is not
prohibited by federal or State law from 
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possessing a firearm
if the transfer of the firearm
is made in 
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accordance with Section 3 of the Firearm Owners Identification 
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Card
Act.

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    (e) Sentence.


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        (1) A person who commits the offense of unlawful 
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    purchase of a
firearm:


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            (A) is guilty of a Class 4 felony for purchasing or 
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        attempting to
purchase one firearm;


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            (B) is guilty of a Class 3 felony for purchasing or 
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        attempting to
purchase not less than 2
firearms and not 
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        more than 5 firearms at the same time or within a one

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        year period;


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            (C) is guilty of a Class 2 felony for purchasing or 
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        attempting to
purchase not less than 6
firearms and not 
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        more than 10 firearms at the same time or within a 2

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        year period;


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            (D) is guilty of a Class 1 felony for purchasing or 
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        attempting to
purchase not less than
11 firearms and 
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        not more than 20 firearms at the same time or within a 
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        3
year period;


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            (E) is guilty of a Class X felony for which the 
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        person shall be
sentenced to a term of imprisonment of 
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        not less than 6 years and not more
than 30 years for 
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        purchasing or attempting to purchase
not less than 21 
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        firearms and not more
than 30 firearms at the same time 
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        or within a 4 year period;


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            (F) is guilty of a Class X felony for which the 
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        person shall be
sentenced to a term of imprisonment of  
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        not less than 6 years and not
more than 40 years for 
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        purchasing or attempting to purchase
not less than 31 
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        firearms and not
more than 40 firearms at the same time 
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        or within a 5 year period;


 


 






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            (G) is guilty of a Class X felony for which the 
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        person shall be
sentenced to a term of imprisonment of 
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        not less than 6 years and not
more than 50 years for 
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        purchasing or attempting to purchase
more than 40 
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        firearms at the same
time or within a 6 year period.


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        (2) In addition to any other penalty that may be 
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    imposed for a violation
of this Section, the court may 
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    sentence a person convicted of a violation of
subsection 
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    (c) of this Section to a fine not to exceed $250,000 for 
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    each
violation.

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    (f) A prosecution for unlawful purchase of a firearm may be 
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commenced within 6 years after the commission of the offense.

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(Source: P.A. 93-451, eff. 8-7-03; 93-906, eff. 8-11-04.)