CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/24-3.5

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

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Class 4 Felony

1 to 3 years IDOC (Probation eligible) · Fine up to $25,000

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Detention Eligible (725 ILCS 5/110-6.1)

Detention Eligible: The State's Attorney may petition the court for denial of pretrial release under 725 ILCS 5/110-6.1 (Firearm). Standard: Real and present threat to physical safety of any person.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class 4 Felony
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Detention Eligible (Firearm)
SOS Reporting Code None Assigned
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Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Unlawful purchase of a firearm Class 4 Felony Release on Notice Detainable
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

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

(a)

(a) For purposes of this Section, "firearms transaction record form" means a form:

(1)

(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)

(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)

(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)

(e) Sentence.

(1)

(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.

(Source: P.A. 95-882, eff. 1-1-09.)

Cross-Referenced ILCS Codes