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| [ Introduced ] | [ House Amendment 001 ] |
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 HB0831 Engrossed -3- LRB9202762RCdv 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.