720 ILCS 5/24-3.5 Unlawful Purchase of a Firearm

720 ILCS 5/24-3.5 Unlawful Purchase of a Firearm

This law makes it illegal to buy a gun for someone who can’t legally have one or to lie on the forms when buying a gun.

This Illinois law explains what it means to buy a gun illegally, including buying one for a person who is not allowed to own a firearm or lying on the required forms. It also lists penalties and the time limit for charging someone with this crime.

(a) The term “firearms transaction record form” means a form that a person buying a gun must fill out. It includes certain information about the buyer and a statement confirming that they can legally own a gun.

1. The form must be completed by the person buying the gun, and it must include:
   1. The buyer’s full name and address (including county or similar area).
   2. Whether the buyer is a U.S. citizen.
   3. The state where the buyer lives.
   4. The buyer’s date and place of birth, height, weight, and race.
2. The form must also include the buyer’s signed statement saying they are not banned by federal law from owning, shipping, or receiving a firearm.

(b) A person commits unlawful purchase of a firearm if they knowingly buy or try to buy a firearm with the plan to give it to someone who isn’t allowed by law to have one.

(c) A person also breaks the law if they lie or give false information on the official firearm purchase form when buying or trying to buy a gun.

(d) It is not against this law to give or loan a firearm as a gift to someone who is legally allowed to have one, as long as all the proper legal steps are followed during the transfer.

(e) Sentence:

1. The sentence for breaking this law depends on the number of guns and when they were purchased:
   1. Buying or trying to buy one gun is a Class 2 felony.
   2. Buying or trying to buy between 2 and 5 guns at once or within one year is a Class 1 felony.
   3. Buying or trying to buy 6 or more guns at once or within two years is a Class X felony, with 9 to 40 years in prison.
2. In addition to these punishments, someone who lies on a gun form can also be fined up to $250,000 for each violation.

(f) The state has up to six years after the offense happens to charge someone with unlawful purchase of a firearm.

View the full statute here.

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