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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4550 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
| | | Amends the Criminal Code of 2012. Increases from a Class A misdemeanor to a Class 4 felony the penalty for a first violation of the provisions that prohibit the knowing possession, transportation, purchase, or receipt of an unfinished frame or receiver of a firearm unless: (1) the party possessing or receiving the unfinished frame or receiver is a federal firearms importer or federal firearms manufacturer; (2) the unfinished frame or receiver is possessed or transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or (3) the unfinished frame or receiver has been imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer. | |
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| | A BILL FOR |
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| | HB4550 | | LRB103 36526 RLC 66632 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 24-5.1 as follows:
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| 6 | | (720 ILCS 5/24-5.1) |
| 7 | | Sec. 24-5.1. Serialization of unfinished frames or |
| 8 | | receivers; prohibition on unserialized firearms; exceptions; |
| 9 | | penalties. |
| 10 | | (a) In this Section: |
| 11 | | "Bona fide supplier" means an established business entity |
| 12 | | engaged in the development and sale of firearms parts to one or |
| 13 | | more federal firearms manufacturers or federal firearms |
| 14 | | importers. |
| 15 | | "Federal firearms dealer" means a licensed manufacturer |
| 16 | | pursuant to 18 U.S.C. 921(a)(11). |
| 17 | | "Federal firearms importer" means a licensed importer |
| 18 | | pursuant to 18 U.S.C. 921(a)(9). |
| 19 | | "Federal firearms manufacturer" means a licensed |
| 20 | | manufacturer pursuant to 18 U.S.C. 921(a)(10). |
| 21 | | "Frame or receiver" means a part of a firearm that, when |
| 22 | | the complete weapon is assembled, is visible from the exterior |
| 23 | | and provides housing or a structure designed to hold or |
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| 1 | | integrate one or more fire control components, even if pins or |
| 2 | | other attachments are required to connect those components to |
| 3 | | the housing or structure. For models of firearms in which |
| 4 | | multiple parts provide such housing or structure, the part or |
| 5 | | parts that the Director of the federal Bureau of Alcohol, |
| 6 | | Tobacco, Firearms and Explosives has determined are a frame or |
| 7 | | receiver constitute the frame or receiver. For purposes of |
| 8 | | this definition, "fire control component" means a component |
| 9 | | necessary for the firearm to initiate, complete, or continue |
| 10 | | the firing sequence, including any of the following: hammer, |
| 11 | | bolt, bolt carrier, breechblock, cylinder, trigger mechanism, |
| 12 | | firing pin, striker, or slide rails. |
| 13 | | "Security exemplar" means an object to be fabricated at |
| 14 | | the direction of the United States Attorney General that is |
| 15 | | (1) constructed of 3.7 ounces of material type 17-4 PH |
| 16 | | stainless steel in a shape resembling a handgun and (2) |
| 17 | | suitable for testing and calibrating metal detectors. |
| 18 | | "Three-dimensional printer" means a computer or |
| 19 | | computer-drive machine capable of producing a |
| 20 | | three-dimensional object from a digital model. |
| 21 | | "Undetectable firearm" means (1) a firearm constructed |
| 22 | | entirely of non-metal substances; (2) a firearm that, after |
| 23 | | removal of all parts but the major components of the firearm, |
| 24 | | is not detectable by walk-through metal detectors calibrated |
| 25 | | and operated to detect the security exemplar; or (3) a firearm |
| 26 | | that includes a major component of a firearm, which, if |
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| 1 | | subject to the types of detection devices commonly used at |
| 2 | | airports for security screening, would not generate an image |
| 3 | | that accurately depicts the shape of the component. |
| 4 | | "Undetectable firearm" does not include a firearm subject to |
| 5 | | the provisions of 18 U.S.C. 922(p)(3) through (6). |
| 6 | | "Unfinished frame or receiver" means any forging, casting, |
| 7 | | printing, extrusion, machined body, or similar article that: |
| 8 | | (1) has reached a stage in manufacture where it may |
| 9 | | readily be completed, assembled, or converted to be a |
| 10 | | functional firearm; or |
| 11 | | (2) is marketed or sold to the public to become or be |
| 12 | | used as the frame or receiver of a functional firearm once |
| 13 | | completed, assembled, or converted. |
| 14 | | "Unserialized" means lacking a serial number imprinted by: |
| 15 | | (1) a federal firearms manufacturer, federal firearms |
| 16 | | importer, federal firearms dealer, or other federal |
| 17 | | licensee authorized to provide marking services, pursuant |
| 18 | | to a requirement under federal law; or |
| 19 | | (2) a federal firearms dealer or other federal |
| 20 | | licensee authorized to provide marking services pursuant |
| 21 | | to subsection (f) of this Section. |
| 22 | | (b) It is unlawful for any person to knowingly sell, offer |
| 23 | | to sell, or transfer an unserialized unfinished frame or |
| 24 | | receiver or unserialized firearm, including those produced |
| 25 | | using a three-dimensional printer, unless the party purchasing |
| 26 | | or receiving the unfinished frame or receiver or unserialized |
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| 1 | | firearm is a federal firearms importer, federal firearms |
| 2 | | manufacturer, or federal firearms dealer. |
| 3 | | (c) Beginning 180 days after the effective date of this |
| 4 | | amendatory Act of the 102nd General Assembly, it is unlawful |
| 5 | | for any person to knowingly possess, transport, or receive an |
| 6 | | unfinished frame or receiver, unless: |
| 7 | | (1) the party possessing or receiving the unfinished |
| 8 | | frame or receiver is a federal firearms importer or |
| 9 | | federal firearms manufacturer; |
| 10 | | (2) the unfinished frame or receiver is possessed or |
| 11 | | transported by a person for transfer to a federal firearms |
| 12 | | importer or federal firearms manufacturer; or |
| 13 | | (3) the unfinished frame or receiver has been |
| 14 | | imprinted with a serial number issued by a federal |
| 15 | | firearms importer or federal firearms manufacturer in |
| 16 | | compliance with subsection (f) of this Section. |
| 17 | | (d) Beginning 180 days after the effective date of this |
| 18 | | amendatory Act of the 102nd General Assembly, unless the party |
| 19 | | receiving the firearm is a federal firearms importer or |
| 20 | | federal firearms manufacturer, it is unlawful for any person |
| 21 | | to knowingly possess, purchase, transport, or receive a |
| 22 | | firearm that is not imprinted with a serial number by (1) a |
| 23 | | federal firearms importer or federal firearms manufacturer in |
| 24 | | compliance with all federal laws and regulations regulating |
| 25 | | the manufacture and import of firearms or (2) a federal |
| 26 | | firearms manufacturer, federal firearms dealer, or other |
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| 1 | | federal licensee authorized to provide marking services in |
| 2 | | compliance with the unserialized firearm serialization process |
| 3 | | under subsection (f) of this Section. |
| 4 | | (e) Any firearm or unfinished frame or receiver |
| 5 | | manufactured using a three-dimensional printer must also be |
| 6 | | serialized in accordance with the requirements of subsection |
| 7 | | (f) within 30 days after the effective date of this amendatory |
| 8 | | Act of the 102nd General Assembly, or prior to reaching a stage |
| 9 | | of manufacture where it may be readily completed, assembled, |
| 10 | | or converted to be a functional firearm. |
| 11 | | (f) Unserialized unfinished frames or receivers and |
| 12 | | unserialized firearms serialized pursuant to this Section |
| 13 | | shall be serialized in compliance with all of the following: |
| 14 | | (1) An unserialized unfinished frame or receiver and |
| 15 | | unserialized firearm shall be serialized by a federally |
| 16 | | licensed firearms dealer or other federal licensee |
| 17 | | authorized to provide marking services with the licensee's |
| 18 | | abbreviated federal firearms license number as a prefix |
| 19 | | (which is the first 3 and last 5 digits) followed by a |
| 20 | | hyphen, and then followed by a number as a suffix, such as |
| 21 | | 12345678-(number). The serial number or numbers must be |
| 22 | | placed in a manner that accords with the requirements |
| 23 | | under federal law for affixing serial numbers to firearms, |
| 24 | | including the requirements that the serial number or |
| 25 | | numbers be at the minimum size and depth, and not |
| 26 | | susceptible to being readily obliterated, altered, or |
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| 1 | | removed, and the licensee must retain records that accord |
| 2 | | with the requirements under federal law in the case of the |
| 3 | | sale of a firearm. The imprinting of any serial number |
| 4 | | upon a undetectable firearm must be done on a steel plaque |
| 5 | | in compliance with 18 U.S.C. 922(p). |
| 6 | | (2) 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 maintain a |
| 10 | | record of such indefinitely. Licensees subject to the |
| 11 | | Firearm Dealer License Certification Act shall make all |
| 12 | | records accessible for inspection upon the request of the |
| 13 | | Illinois State Police or a law enforcement agency in |
| 14 | | accordance with Section 5-35 of the Firearm Dealer License |
| 15 | | Certification Act. |
| 16 | | (3) Every federally licensed firearms dealer or other |
| 17 | | federal licensee that engraves, casts, stamps, or |
| 18 | | otherwise conspicuously and permanently places a unique |
| 19 | | serial number pursuant to this Section shall record it at |
| 20 | | the time of every transaction involving the transfer of a |
| 21 | | firearm, rifle, shotgun, finished frame or receiver, or |
| 22 | | unfinished frame or receiver that has been so marked in |
| 23 | | compliance with the federal guidelines set forth in 27 CFR |
| 24 | | 478.124. |
| 25 | | (4) Every federally licensed firearms dealer or other |
| 26 | | federal licensee that engraves, casts, stamps, or |
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| 1 | | otherwise conspicuously and permanently places a unique |
| 2 | | serial number pursuant to this Section shall review and |
| 3 | | confirm the validity of the owner's Firearm Owner's |
| 4 | | Identification Card issued under the Firearm Owners |
| 5 | | Identification Card Act prior to returning the firearm to |
| 6 | | the owner. |
| 7 | | (g) Within 30 days after the effective date of this |
| 8 | | amendatory Act of the 102nd General Assembly, the Director of |
| 9 | | the Illinois State Police shall issue a public notice |
| 10 | | regarding the provisions of this Section. The notice shall |
| 11 | | include posting on the Illinois State Police website and may |
| 12 | | include written notification or any other means of |
| 13 | | communication statewide to all Illinois-based federal firearms |
| 14 | | manufacturers, federal firearms dealers, or other federal |
| 15 | | licensees authorized to provide marking services in compliance |
| 16 | | with the serialization process in subsection (f) in order to |
| 17 | | educate the public. |
| 18 | | (h) Exceptions. This Section does not apply to an |
| 19 | | unserialized unfinished frame or receiver or an unserialized |
| 20 | | firearm that: |
| 21 | | (1) has been rendered permanently inoperable; |
| 22 | | (2) is an antique firearm, as defined in 18 U.S.C. |
| 23 | | 921(a)(16); |
| 24 | | (3) was manufactured prior to October 22, 1968; |
| 25 | | (4) is an unfinished frame or receiver and is |
| 26 | | possessed by a bona fide supplier exclusively for transfer |