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

459 words·~2 min read·/il/chapter-720/act-5/24-3-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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:

(A)is guilty of a Class 2 felony for purchasing or attempting to purchase one

firearm;

(B)is guilty of a Class 1 felony for purchasing or attempting to purchase 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 X felony for which the offender shall be sentenced to a

term of imprisonment of not less than 9 years and not more than 40 years for purchasing or attempting to purchase not less than 6 firearms at the same time or within a 2 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.

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