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Public Act 91-0265
SB234 Enrolled LRB9100438RCksB
AN ACT to amend the Criminal Code of 1961 by adding
Section 24-3.5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by adding
Section 24-3.5 as follows:
(720 ILCS 5/24-3.5 new)
Sec. 24-3.5. Unlawful purchase of a firearm.
(a) For purposes of this Section, "firearms transaction
record form" means a form:
(1) executed by a transferee of a firearm stating:
(i) the transferee's name and address (including county
or similar political subdivision); (ii) whether the
transferee is a citizen of the United States; (iii) the
transferee's State of residence; and (iv) the date and
place of birth, height, weight, and race of the
transferee; and
(2) on which the transferee certifies that he or
she is not prohibited by federal law from transporting or
shipping a firearm in interstate or foreign commerce or
receiving a firearm that has been shipped or transported
in interstate or foreign commerce or possessing a firearm
in or affecting commerce.
(b) A person commits the offense of unlawful purchase of
a firearm who knowingly purchases or attempts to purchase a
firearm with the intent to deliver that firearm to another
person who is prohibited by federal or State law from
possessing a firearm.
(c) A person commits the offense of unlawful purchase of
a firearm when he or she, in purchasing or attempting to
purchase a firearm, intentionally provides false or
misleading information on a United States Department of the
Treasury, Bureau of Alcohol, Tobacco and Firearms firearms
transaction record form.
(d) Exemption. It is not a violation of subsection (b)
of this Section for a person to make a gift or loan of a
firearm to a person who is not prohibited by federal or State
law from possessing a firearm if the transfer of the firearm
is made in accordance with Section 3 of the Firearm Owners
Identification Card Act.
(e) Sentence. (1) A person who commits the offense of
unlawful purchase of a firearm by purchasing a firearm with
intent to deliver the firearm in violation of subsection (b)
or by purchasing a firearm in violation of subsection (c):
(A) is guilty of a Class 4 felony for
purchasing one firearm;
(B) is guilty of a Class 3 felony for
purchasing not less than 2 firearms and not more
than 5 firearms at the same time or within a one
year period;
(C) is guilty of a Class 2 felony for
purchasing not less than 6 firearms and not more
than 10 firearms at the same time or within a 2 year
period;
(D) is guilty of a Class 1 felony for
purchasing not less than 11 firearms and not more
than 20 firearms at the same time or within a 3 year
period;
(E) is guilty of a Class X felony for which
the person shall be sentenced to a term of
imprisonment of not less than 6 years and not more
than 30 years for purchasing not less than 21
firearms and not more than 30 firearms at the same
time or within a 4 year period;
(F) is guilty of a Class X felony for which
the person shall be sentenced to a term of
imprisonment of not less than 6 years and not more
than 40 years for purchasing not less than 31
firearms and not more than 40 firearms at the same
time or within a 5 year period;
(G) is guilty of a Class X felony for which
the person shall be sentenced to a term of
imprisonment of not less than 6 years and not more
than 50 years for purchasing more than 40 firearms
at the same time or within a 6 year period.
(2) In addition to any other penalty that may be
imposed for a violation of this Section, the court may
sentence a person convicted of a violation of subsection
(c) of this Section to a fine not to exceed $250,000 for
each violation.
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