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| [ Senate Amendment 002 ] |
91_SB0234enr SB234 Enrolled 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, "firearms transaction 10 record form" means a form: 11 (1) executed by a transferee of a firearm stating: 12 (i) the transferee's name and address (including county 13 or similar political subdivision); (ii) whether the 14 transferee is a citizen of the United States; (iii) the 15 transferee's State of residence; and (iv) the date and 16 place of birth, height, weight, and race of the 17 transferee; and 18 (2) on which the transferee certifies that he or 19 she is not prohibited by federal law from transporting or 20 shipping a firearm in interstate or foreign commerce or 21 receiving a firearm that has been shipped or transported 22 in interstate or foreign commerce or possessing a firearm 23 in or affecting commerce. 24 (b) A person commits the offense of unlawful purchase of 25 a firearm who knowingly purchases or attempts to purchase a 26 firearm with the intent to deliver that firearm to another 27 person who is prohibited by federal or State law from 28 possessing a firearm. 29 (c) A person commits the offense of unlawful purchase of 30 a firearm when he or she, in purchasing or attempting to 31 purchase a firearm, intentionally provides false or SB234 Enrolled -2- LRB9100438RCksB 1 misleading information on a United States Department of the 2 Treasury, Bureau of Alcohol, Tobacco and Firearms firearms 3 transaction record form. 4 (d) Exemption. It is not a violation of subsection (b) 5 of this Section for a person to make a gift or loan of a 6 firearm to a person who is not prohibited by federal or State 7 law from possessing a firearm if the transfer of the firearm 8 is made in accordance with Section 3 of the Firearm Owners 9 Identification Card Act. 10 (e) Sentence. (1) A person who commits the offense of 11 unlawful purchase of a firearm by purchasing a firearm with 12 intent to deliver the firearm in violation of subsection (b) 13 or by purchasing a firearm in violation of subsection (c): 14 (A) is guilty of a Class 4 felony for 15 purchasing one firearm; 16 (B) is guilty of a Class 3 felony for 17 purchasing not less than 2 firearms and not more 18 than 5 firearms at the same time or within a one 19 year period; 20 (C) is guilty of a Class 2 felony for 21 purchasing not less than 6 firearms and not more 22 than 10 firearms at the same time or within a 2 year 23 period; 24 (D) is guilty of a Class 1 felony for 25 purchasing not less than 11 firearms and not more 26 than 20 firearms at the same time or within a 3 year 27 period; 28 (E) is guilty of a Class X felony for which 29 the person shall be sentenced to a term of 30 imprisonment of not less than 6 years and not more 31 than 30 years for purchasing not less than 21 32 firearms and not more than 30 firearms at the same 33 time or within a 4 year period; 34 (F) is guilty of a Class X felony for which SB234 Enrolled -3- LRB9100438RCksB 1 the person shall be sentenced to a term of 2 imprisonment of not less than 6 years and not more 3 than 40 years for purchasing not less than 31 4 firearms and not more than 40 firearms at the same 5 time or within a 5 year period; 6 (G) is guilty of a Class X felony for which 7 the person shall be sentenced to a term of 8 imprisonment of not less than 6 years and not more 9 than 50 years for purchasing more than 40 firearms 10 at the same time or within a 6 year period. 11 (2) In addition to any other penalty that may be 12 imposed for a violation of this Section, the court may 13 sentence a person convicted of a violation of subsection 14 (c) of this Section to a fine not to exceed $250,000 for 15 each violation.