Bill Text: IL HB4757 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Prohibits the transfer, purchase, manufacture, importation, possession of unfinished frames or receivers and unserialized firearms. Provides a process for serializing unfinished frames or receivers and unserialized firearms. Provides that it is unlawful for a person to manufacture or distribute a firearm using a three-dimensional printer under specified circumstances. Provides that a first violation is a Class A misdemeanor and that a second or subsequent violation is a Class X felony.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2022-05-27 - Added Co-Sponsor Rep. Margaret Croke [HB4757 Detail]
Download: Illinois-2021-HB4757-Introduced.html
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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by adding | |||||||||||||||||||
5 | Section 24-5.1 as follows:
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6 | (720 ILCS 5/24-5.1 new) | |||||||||||||||||||
7 | Sec. 24-5.1. Prohibition on the transfer, purchase, | |||||||||||||||||||
8 | manufacture, importation, possession of unfinished frames or | |||||||||||||||||||
9 | receivers and unserialized firearms; exceptions; penalties. | |||||||||||||||||||
10 | (a) As used in this Section: | |||||||||||||||||||
11 | "Federal firearms dealer" means a licensed | |||||||||||||||||||
12 | manufacturer pursuant to 18 U.S.C. Section 921(a)(11). | |||||||||||||||||||
13 | "Federal firearms importer" means a licensed importer | |||||||||||||||||||
14 | pursuant to 18 U.S.C. Section 921(a)(9). | |||||||||||||||||||
15 | "Federal firearms manufacturer" means a licensed | |||||||||||||||||||
16 | manufacturer pursuant to 18 U.S.C. Section 921(a)(10). | |||||||||||||||||||
17 | "Frame or receiver" means a part of a firearm that, | |||||||||||||||||||
18 | when the complete weapon is assembled, is visible from the | |||||||||||||||||||
19 | exterior and provides housing or a structure designed to | |||||||||||||||||||
20 | hold or integrate one or more fire control components, | |||||||||||||||||||
21 | even if pins or other attachments are required to connect | |||||||||||||||||||
22 | those components to the housing or structure. For models | |||||||||||||||||||
23 | of firearms in which multiple parts provide such housing |
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1 | or structure, the part or parts that the Director of the | ||||||
2 | federal Bureau of Alcohol, Tobacco, Firearms & Explosives | ||||||
3 | has determined are a frame or receiver constitute the | ||||||
4 | frame or receiver.
For purposes of this definition, the | ||||||
5 | term "fire control component" means a component necessary | ||||||
6 | for the firearm to initiate, complete, or continue the | ||||||
7 | firing sequence, including any of the following: Hammer, | ||||||
8 | bolt, bolt carrier, breechblock, cylinder, trigger | ||||||
9 | mechanism, firing pin, striker, or slide rails. | ||||||
10 | "Three-dimensional printer" means a computer or | ||||||
11 | computer-drive machine capable of producing a | ||||||
12 | three-dimensional object from a digital model. | ||||||
13 | "Unfinished frame or receiver" means any forging, | ||||||
14 | casting, printing, extrusion, machined body or similar | ||||||
15 | article that: (1) has reached a stage in manufacture where | ||||||
16 | it may readily be completed, assembled or converted to be | ||||||
17 | a functional; or (2) is marketed or sold to the public to | ||||||
18 | become or be used as the frame or receiver of a functional | ||||||
19 | firearm once completed, assembled or converted. | ||||||
20 | (b) One hundred eighty days after the effective date of | ||||||
21 | this amendatory Act of the 102nd General Assembly, it shall be | ||||||
22 | unlawful for any person to knowingly possess, transport, or | ||||||
23 | receive an unfinished frame or receiver, unless: the party | ||||||
24 | possessing or receiving the unfinished frame or receiver is a | ||||||
25 | federal firearms importer or federal firearms manufacturer; or | ||||||
26 | the unfinished frame or receiver is required by federal law to |
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1 | be, and has been, imprinted with a serial number issued by a | ||||||
2 | federal firearms importer or federal firearms manufacturer. | ||||||
3 | It shall be unlawful for any person to knowingly sell, | ||||||
4 | offer to sell, transfer, or purchase an unfinished frame or | ||||||
5 | receiver, unless: the party purchasing or receiving the | ||||||
6 | unfinished frame or receiver is a federal firearms importer, | ||||||
7 | federal firearms manufacturer, or federal firearms dealer; or | ||||||
8 | the unfinished frame or receiver is required by federal law to | ||||||
9 | be, and has been, imprinted with a serial number issued by a | ||||||
10 | federal firearms importer or federal firearms manufacturer. | ||||||
11 | (c) One year after the effective date of this amendatory | ||||||
12 | Act of the 102nd General Assembly, unless the party receiving | ||||||
13 | the firearm is a law enforcement agency, federal firearms | ||||||
14 | importer, or federal firearms manufacturer, it shall be | ||||||
15 | unlawful for any person to knowingly possess, purchase, | ||||||
16 | transport, or receive a firearm that is not imprinted with a | ||||||
17 | serial number: by a federal firearms importer or federal | ||||||
18 | firearms manufacturer in compliance with all federal laws and | ||||||
19 | regulations regulating the manufacture and import of firearms; | ||||||
20 | or by a federal firearms manufacturer, federal firearms | ||||||
21 | dealer, or other federal licensee authorized to provide | ||||||
22 | marketing services in compliance with the unserialized firearm | ||||||
23 | serialization process under subsection (e) of this Section. | ||||||
24 | (d) Unless the party selling and the party receiving or | ||||||
25 | purchasing the firearm is a law enforcement agency, federal | ||||||
26 | firearms importer, or federal firearms manufacturer, it shall |
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1 | be unlawful for any person to knowingly sell, offer to sell, or | ||||||
2 | transfer a firearm that is not imprinted with a serial number: | ||||||
3 | by a federal firearms manufacturer, federal firearms dealer, | ||||||
4 | or other federal licensee authorized to provide marketing | ||||||
5 | service in compliance with unserialized firearm serialization | ||||||
6 | process under subsection (e) of this Section; or by a federal | ||||||
7 | firearms importer or federal firearms manufacturer in | ||||||
8 | compliance with all federal laws and regulations regulating | ||||||
9 | the manufacture and import of firearms. | ||||||
10 | (e) Unserialized firearms shall be serialized in | ||||||
11 | compliance with all of the following: | ||||||
12 | (1) An unserialized firearm may be serialized by a | ||||||
13 | federally licensed firearms dealer or other federal | ||||||
14 | licensee authorized to provide marking services with the | ||||||
15 | licensee's abbreviated federal firearms license number as | ||||||
16 | a prefix (which is the first three and last five digits) | ||||||
17 | followed by a hyphen, and then followed by a number as a | ||||||
18 | suffix, e.g., "12345678-[number]". The serial number(s) | ||||||
19 | must be placed in a manner that accords with the | ||||||
20 | requirements under federal law for affixing serial numbers | ||||||
21 | to firearms, including the requirements that the serial | ||||||
22 | number(s) be at the minimum size and depth, and not | ||||||
23 | susceptible of being readily obliterated, altered, or | ||||||
24 | removed, and the licensee must retain records that accord | ||||||
25 | with the requirements under federal law in the case of the | ||||||
26 | sale of a firearm. |
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1 | (2) Every federally licensed firearms dealer or other | ||||||
2 | federal licensee that engraves, casts, stamps or otherwise | ||||||
3 | conspicuously places a unique serial number pursuant to | ||||||
4 | this section shall keep a record book and enter it at the | ||||||
5 | time of every transaction involving the transfer of a | ||||||
6 | firearm, rifle, shotgun, finished frame or receiver, or | ||||||
7 | unfinished frame or receiver that has been so marked by | ||||||
8 | the federal licensee, the date, name, age, and residence | ||||||
9 | of any person to whom such item is transferred along with | ||||||
10 | the unique serial number engraved, cast, stamped, or | ||||||
11 | otherwise conspicuously placed thereon. | ||||||
12 | (3) Every federally licensed firearms dealer or other | ||||||
13 | federal licensee that engraves, casts, stamps or otherwise | ||||||
14 | conspicuously places a unique serial number pursuant to | ||||||
15 | this section shall review and confirm the validity of the | ||||||
16 | owner's Firearm Owner's Identification (FOID) Card issued | ||||||
17 | under the Firearm Owners Identification Card Act prior to | ||||||
18 | returning the firearm to the owner. | ||||||
19 | (4) A federally licensed firearm dealer or other | ||||||
20 | federal licensee may charge a fee not to exceed $35 to | ||||||
21 | engrave, cast, stamp or otherwise conspicuously place a | ||||||
22 | unique serial number pursuant to this section. | ||||||
23 | (f) It is unlawful for a person to manufacture or | ||||||
24 | distribute a firearm using a three-dimensional printer when | ||||||
25 | the person does any one of the following: | ||||||
26 | (1) Uses a three-dimensional printer or similar device |
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1 | to manufacture or produce a firearm, firearm receiver, or | ||||||
2 | major firearm component when not licensed as a federal | ||||||
3 | firearm manufacturer. | ||||||
4 | (2) Distributes by any means, including the Internet, | ||||||
5 | to a person who is not licensed as a manufacturer, | ||||||
6 | instructions in the form of computer-aided design files or | ||||||
7 | other code or instructions stored and displayed in | ||||||
8 | electronic format as a digital model that may be used to | ||||||
9 | program a three-dimensional printer to manufacture or | ||||||
10 | produce a firearm, firearm receiver or major component of | ||||||
11 | a firearm. | ||||||
12 | (g) The Director of the Illinois State Police shall issue | ||||||
13 | public notice regarding the provisions of this Section. Such | ||||||
14 | notice shall include posting on the Illinois State Police | ||||||
15 | website and may include written notification or any other | ||||||
16 | means of communication State-wide to all federal firearms | ||||||
17 | manufacturers, federal firearms dealers, or other federal | ||||||
18 | licensees authorized to provide marketing services in | ||||||
19 | compliance with the unserialized firearm serialization process | ||||||
20 | in subsection (e) in order to educate the public. | ||||||
21 | (h) Subsections (c) and (d) shall not apply to a firearm | ||||||
22 | that: | ||||||
23 | (1) has been rendered permanently inoperable; | ||||||
24 | (2) is an antique firearm, as defined in 18 U.S.C. | ||||||
25 | Section 921(a)(16); or | ||||||
26 | (3) was manufactured prior to October 22, 1968. |
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1 | (i) A person who violates the provisions of this Section | ||||||
2 | is guilty of a Class A misdemeanor for a first violation and is | ||||||
3 | guilty of a Class X felony for a second or subsequent | ||||||
4 | violation.
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