Illinois Compiled Statutes 720 ILCS 5/24-3.5 – Unlawful purchase of a firearm
Current as of: 2024 | Check for updates
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(a) For purposes of this Section, “firearms transaction record form” means a form:
(1) executed by a transferee of a firearm stating:
(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
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(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.
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(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.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-30 and § Ill. Comp. Stat. 730 ILCS 5/5-4.5-35
(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 § 3 of the Firearm Owners Identification Card Act.
(e) Sentence.
(1) A person who commits the offense of unlawful
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class 1 felony | between 4 and 15 years | up to $25,000 |
Class 2 felony | between 3 and 7 years | up to $25,000 |
Terms Used In Illinois Compiled Statutes 720 ILCS 5/24-3.5
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(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 § 3 of the Firearm Owners Identification Card Act.
(e) Sentence.
(1) A person who commits the offense of unlawful
purchase of a firearm:
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(A) is guilty of a Class 2 felony for purchasing
or attempting to purchase one firearm;
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(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;
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(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.
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(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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(f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense.