Sen. Jacqueline Y. Collins
Filed: 4/7/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 4383




2 AMENDMENT NO. ______. Amend House Bill 4383 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by adding 
5Section 24-5.1 as follows:

6 (720 ILCS 5/24-5.1 new)
7 Sec. 24-5.1. Serialization of unfinished frames or 
8receivers; prohibition on unserialized firearms; exceptions; 
9penalties.
10 (a) In this Section:
11 "Bona fide supplier" means an established business entity 
12engaged in the development and sale of firearms parts to one or 
13more federal firearms manufacturers or federal firearms 
14importers. 
15 "Federal firearms dealer" means a licensed manufacturer 
16pursuant to 18 U.S.C. 921(a)(11).
 
 
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1 "Federal firearms importer" means a licensed importer 
2pursuant to 18 U.S.C. 921(a)(9).
3 "Federal firearms manufacturer" means a licensed 
4manufacturer pursuant to 18 U.S.C. 921(a)(10).
5 "Frame or receiver" means a part of a firearm that, when 
6the complete weapon is assembled, is visible from the exterior 
7and provides housing or a structure designed to hold or 
8integrate one or more fire control components, even if pins or 
9other attachments are required to connect those components to 
10the housing or structure. For models of firearms in which 
11multiple parts provide such housing or structure, the part or 
12parts that the Director of the federal Bureau of Alcohol, 
13Tobacco, Firearms and Explosives has determined are a frame or 
14receiver constitute the frame or receiver. For purposes of 
15this definition, "fire control component" means a component 
16necessary for the firearm to initiate, complete, or continue 
17the firing sequence, including any of the following: hammer, 
18bolt, bolt carrier, breechblock, cylinder, trigger mechanism, 
19firing pin, striker, or slide rails.
20 "Security exemplar" means an object to be fabricated at 
21the direction of the United States Attorney General that is 
22(1) constructed of 3.7 ounces of material type 17-4 PH 
23stainless steel in a shape resembling a handgun and (2) 
24suitable for testing and calibrating metal detectors. 
25 "Three-dimensional printer" means a computer or 
26computer-drive machine capable of producing a 
 
 
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1three-dimensional object from a digital model.
2 "Undetectable firearm" means (1) a firearm constructed 
3entirely of non-metal substances; (2) a firearm that, after 
4removal of all parts but the major components of the firearm, 
5is not detectable by walk-through metal detectors calibrated 
6and operated to detect the security exemplar; or (3) a firearm 
7that includes a major component of a firearm, which, if 
8subject to the types of detection devices commonly used at 
9airports for security screening, would not generate an image 
10that accurately depicts the shape of the component. 
11"Undetectable firearm" does not include a firearm subject to 
12the provisions of 18 U.S.C. 922(p)(3) through (6). 
13 "Unfinished frame or receiver" means any forging, casting, 
14printing, extrusion, machined body, or similar article that:
15  (1) has reached a stage in manufacture where it may 
16 readily be completed, assembled, or converted to be a 
17 functional firearm; or
18  (2) is marketed or sold to the public to become or be 
19 used as the frame or receiver of a functional firearm once 
20 completed, assembled, or converted.
21 "Unserialized" means lacking a serial number imprinted by:
22  (1) a federal firearms manufacturer, federal firearms 
23 importer, federal firearms dealer, or other federal 
24 licensee authorized to provide marking services, pursuant 
25 to a requirement under federal law; or
26  (2) a federal firearms dealer or other federal 
 
 
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1 licensee authorized to provide marking services pursuant 
2 to subsection (f) of this Section. 
3 (b) It is unlawful for any person to knowingly sell, offer 
4to sell, or transfer an unserialized unfinished frame or 
5receiver or unserialized firearm, including those produced 
6using a three-dimensional printer, unless the party purchasing 
7or receiving the unfinished frame or receiver or unserialized 
8firearm is a federal firearms importer, federal firearms 
9manufacturer, or federal firearms dealer.
10 (c) Beginning 180 days after the effective date of this 
11amendatory Act of the 102nd General Assembly, it is unlawful 
12for any person to knowingly possess, transport, or receive an 
13unfinished frame or receiver, unless:
14  (1) the party possessing or receiving the unfinished 
15 frame or receiver is a federal firearms importer or 
16 federal firearms manufacturer;
17  (2) the unfinished frame or receiver is possessed or 
18 transported by a person for transfer to a federal firearms 
19 importer or federal firearms manufacturer; or
20  (3) the unfinished frame or receiver has been 
21 imprinted with a serial number issued by a federal 
22 firearms importer or federal firearms manufacturer in 
23 compliance with subsection (f) of this Section. 
24 (d) Beginning 180 days after the effective date of this 
25amendatory Act of the 102nd General Assembly, unless the party 
26receiving the firearm is a federal firearms importer or 
 
 
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1federal firearms manufacturer, it is unlawful for any person 
2to knowingly possess, purchase, transport, or receive a 
3firearm that is not imprinted with a serial number by (1) a 
4federal firearms importer or federal firearms manufacturer in 
5compliance with all federal laws and regulations regulating 
6the manufacture and import of firearms or (2) a federal 
7firearms manufacturer, federal firearms dealer, or other 
8federal licensee authorized to provide marking services in 
9compliance with the unserialized firearm serialization process 
10under subsection (f) of this Section. 
11 (e) Any firearm or unfinished frame or receiver 
12manufactured using a three-dimensional printer must also be 
13serialized in accordance with the requirements of subsection 
14(f) within 30 days after the effective date of this amendatory 
15Act of the 102nd General Assembly, or prior to reaching a stage 
16of manufacture where it may be readily completed, assembled, 
17or converted to be a functional firearm.
18 (f) Unserialized unfinished frames or receivers and 
19unserialized firearms serialized pursuant to this Section 
20shall be serialized in compliance with all of the following:
21  (1) An unserialized unfinished frame or receiver and 
22 unserialized firearm shall be serialized by a federally 
23 licensed firearms dealer or other federal licensee 
24 authorized to provide marking services with the licensee's 
25 abbreviated federal firearms license number as a prefix 
26 (which is the first 3 and last 5 digits) followed by a 
 
 
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1 hyphen, and then followed by a number as a suffix, such as 
2 12345678-(number). The serial number or numbers must be 
3 placed in a manner that accords with the requirements 
4 under federal law for affixing serial numbers to firearms, 
5 including the requirements that the serial number or 
6 numbers be at the minimum size and depth, and not 
7 susceptible to being readily obliterated, altered, or 
8 removed, and the licensee must retain records that accord 
9 with the requirements under federal law in the case of the 
10 sale of a firearm. The imprinting of any serial number 
11 upon a undetectable firearm must be done on a steel plaque 
12 in compliance with 18 U.S.C. 922(p).
13  (2) Every federally licensed firearms dealer or other 
14 federal licensee that engraves, casts, stamps, or 
15 otherwise conspicuously and permanently places a unique 
16 serial number pursuant to this Section shall maintain a 
17 record of such indefinitely. Licensees subject to the 
18 Firearm Dealer License Certification Act shall make all 
19 records accessible for inspection upon the request of the 
20 Illinois State Police or a law enforcement agency in 
21 accordance with Section 5-35 of the Firearm Dealer License 
22 Certification Act.
23  (3) Every federally licensed firearms dealer or other 
24 federal licensee that engraves, casts, stamps, or 
25 otherwise conspicuously and permanently places a unique 
26 serial number pursuant to this Section shall record it at 
 
 
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1 the time of every transaction involving the transfer of a 
2 firearm, rifle, shotgun, finished frame or receiver, or 
3 unfinished frame or receiver that has been so marked in 
4 compliance with the federal guidelines set forth in 27 CFR 
5 478.124.
6  (4) Every federally licensed firearms dealer or other 
7 federal licensee that engraves, casts, stamps, or 
8 otherwise conspicuously and permanently places a unique 
9 serial number pursuant to this Section shall review and 
10 confirm the validity of the owner's Firearm Owner's 
11 Identification Card issued under the Firearm Owners 
12 Identification Card Act prior to returning the firearm to 
13 the owner.
14 (g) Within 30 days after the effective date of this 
15amendatory Act of the 102nd General Assembly, the Director of 
16the Illinois State Police shall issue a public notice 
17regarding the provisions of this Section. The notice shall 
18include posting on the Illinois State Police website and may 
19include written notification or any other means of 
20communication statewide to all Illinois-based federal firearms 
21manufacturers, federal firearms dealers, or other federal 
22licensees authorized to provide marking services in compliance 
23with the serialization process in subsection (f) in order to 
24educate the public.
25 (h) Exceptions. This Section does not apply to an 
26unserialized unfinished frame or receiver or an unserialized 
 
 
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1firearm that:
2  (1) has been rendered permanently inoperable;
3  (2) is an antique firearm, as defined in 18 U.S.C. 
4 921(a)(16);
5  (3) was manufactured prior to October 22, 1968;
6  (4) is an unfinished frame or receiver and is 
7 possessed by a bona fide supplier exclusively for transfer 
8 to a federal firearms manufacturer or federal firearms 
9 importer, or is possessed by a federal firearms 
10 manufacturer or federal firearms importer in compliance 
11 with all federal laws and regulations regulating the 
12 manufacture and import of firearms; except this exemption 
13 does not apply if an unfinished frame or receiver is 
14 possessed for transfer or is transferred to a person other 
15 than a federal firearms manufacturer or federal firearms 
16 importer; or 
17  (5) is possessed by a person who received the 
18 unserialized unfinished frame or receiver or unserialized 
19 firearm through inheritance, and is not otherwise 
20 prohibited from possessing the unserialized unfinished 
21 frame or receiver or unserialized firearm, for a period 
22 not exceeding 30 days after inheriting the unserialized 
23 unfinished frame or receiver or unserialized firearm. 
24 (i) Penalties.
25  (1) A person who violates subsection (c) or (d) is 
26 guilty of a Class A misdemeanor for a first violation and 
 
 
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1 is guilty of a Class 3 felony for a second or subsequent 
2 violation.
3  (2) A person who violates subsection (b) is guilty of 
4 a Class 4 felony for a first violation and is guilty of a 
5 Class 2 felony for a second or subsequent violation.


6 Section 99. Effective date. This Act takes effect upon 
7becoming law.".