Bill Text: IL SB1326 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Repeals the Firearm Dealer License Certification Act. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois and the Criminal Code of 2012 to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-06 - Referred to Assignments [SB1326 Detail]

Download: Illinois-2023-SB1326-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1326 Introduced 2/6/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-595
430 ILCS 68/Act rep.
720 ILCS 5/24-5.1
Repeals the Firearm Dealer License Certification Act. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois and the Criminal Code of 2012 to makes conforming changes. Effective immediately.
LRB103 25217 RLC 51559 b
A BILL FOR
SB1326 LRB103 25217 RLC 51559 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing
Sections 2605-45 and 2605-595 as follows:
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Justice Services. The Division
of Justice Services shall exercise the following functions:
(1) Operate and maintain the Law Enforcement Agencies
Data System (LEADS), a statewide, computerized
telecommunications system designed to provide services,
information, and capabilities to the law enforcement and
criminal justice community in the State of Illinois. The
Director is responsible for establishing policy,
procedures, and regulations consistent with State and
federal rules, policies, and law by which LEADS operates.
The Director shall designate a statewide LEADS
Administrator for management of the system. The Director
may appoint a LEADS Advisory Policy Board to reflect the
needs and desires of the law enforcement and criminal
justice community and to make recommendations concerning
policies and procedures.

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(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) Serve as the State's point of contact for the
Federal Bureau of Investigation's Uniform Crime Reporting
Program and National Incident-Based Reporting System.
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) Exercise the rights, powers, and duties vested in
the Illinois State Police by the Cannabis Regulation and
Tax Act and the Compassionate Use of Medical Cannabis
Program Act.
(6) (Blank).
(6.5) Exercise the rights, powers, and duties vested
in the Illinois State Police by the Firearm Owners
Identification Card Act and , the Firearm Concealed Carry
Act, and the Firearm Dealer License Certification Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Illinois State Police.
(8) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by the Criminal
Identification Act.
(9) Exercise the powers and perform the duties that
have been vested in the Illinois State Police by the Sex
Offender Registration Act and the Sex Offender Community

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Notification Law and adopt reasonable rules necessitated
thereby.
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund
shall receive revenue under the Firearm Concealed Carry Act,
the Firearm Dealer License Certification Act, and Section 5 of
the Firearm Owners Identification Card Act. The Fund may also
receive revenue from grants, pass-through grants, donations,
appropriations, and any other legal source.
(a-5) (Blank). Notwithstanding any other provision of law
to the contrary, and in addition to any other transfers that
may be provided by law, on the effective date of this
amendatory Act of the 102nd General Assembly, or as soon
thereafter as practical, the State Comptroller shall direct
and the State Treasurer shall transfer the remaining balance
from the Firearm Dealer License Certification Fund into the
State Police Firearm Services Fund. Upon completion of the
transfer, the Firearm Dealer License Certification Fund is
dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund shall pass
to the State Police Firearm Services Fund.
(b) The Illinois State Police may use moneys in the Fund to

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finance any of its lawful purposes, mandates, functions, and
duties under the Firearm Owners Identification Card Act, the
Firearm Dealer License Certification Act, and the Firearm
Concealed Carry Act, including the cost of sending notices of
expiration of Firearm Owner's Identification Cards, concealed
carry licenses, the prompt and efficient processing of
applications under the Firearm Owners Identification Card Act
and the Firearm Concealed Carry Act, the improved efficiency
and reporting of the LEADS and federal NICS law enforcement
data systems, and support for investigations required under
these Acts and law. Any surplus funds beyond what is needed to
comply with the aforementioned purposes shall be used by the
Illinois State Police to improve the Law Enforcement Agencies
Data System (LEADS) and criminal history background check
system.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
(430 ILCS 68/Act rep.)
Section 10. The Firearm Dealer License Certification Act
is repealed.
Section 15. The Criminal Code of 2012 is amended by
changing Section 24-5.1 as follows:

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(720 ILCS 5/24-5.1)
Sec. 24-5.1. Serialization of unfinished frames or
receivers; prohibition on unserialized firearms; exceptions;
penalties.
(a) In this Section:
"Bona fide supplier" means an established business entity
engaged in the development and sale of firearms parts to one or
more federal firearms manufacturers or federal firearms
importers.
"Federal firearms dealer" means a licensed manufacturer
pursuant to 18 U.S.C. 921(a)(11).
"Federal firearms importer" means a licensed importer
pursuant to 18 U.S.C. 921(a)(9).
"Federal firearms manufacturer" means a licensed
manufacturer pursuant to 18 U.S.C. 921(a)(10).
"Frame or receiver" means a part of a firearm that, when
the complete weapon is assembled, is visible from the exterior
and provides housing or a structure designed to hold or
integrate one or more fire control components, even if pins or
other attachments are required to connect those components to
the housing or structure. For models of firearms in which
multiple parts provide such housing or structure, the part or
parts that the Director of the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives has determined are a frame or
receiver constitute the frame or receiver. For purposes of

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this definition, "fire control component" means a component
necessary for the firearm to initiate, complete, or continue
the firing sequence, including any of the following: hammer,
bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
firing pin, striker, or slide rails.
"Security exemplar" means an object to be fabricated at
the direction of the United States Attorney General that is
(1) constructed of 3.7 ounces of material type 17-4 PH
stainless steel in a shape resembling a handgun and (2)
suitable for testing and calibrating metal detectors.
"Three-dimensional printer" means a computer or
computer-drive machine capable of producing a
three-dimensional object from a digital model.
"Undetectable firearm" means (1) a firearm constructed
entirely of non-metal substances; (2) a firearm that, after
removal of all parts but the major components of the firearm,
is not detectable by walk-through metal detectors calibrated
and operated to detect the security exemplar; or (3) a firearm
that includes a major component of a firearm, which, if
subject to the types of detection devices commonly used at
airports for security screening, would not generate an image
that accurately depicts the shape of the component.
"Undetectable firearm" does not include a firearm subject to
the provisions of 18 U.S.C. 922(p)(3) through (6).
"Unfinished frame or receiver" means any forging, casting,
printing, extrusion, machined body, or similar article that:

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(1) has reached a stage in manufacture where it may
readily be completed, assembled, or converted to be a
functional firearm; or
(2) is marketed or sold to the public to become or be
used as the frame or receiver of a functional firearm once
completed, assembled, or converted.
"Unserialized" means lacking a serial number imprinted by:
(1) a federal firearms manufacturer, federal firearms
importer, federal firearms dealer, or other federal
licensee authorized to provide marking services, pursuant
to a requirement under federal law; or
(2) a federal firearms dealer or other federal
licensee authorized to provide marking services pursuant
to subsection (f) of this Section.
(b) It is unlawful for any person to knowingly sell, offer
to sell, or transfer an unserialized unfinished frame or
receiver or unserialized firearm, including those produced
using a three-dimensional printer, unless the party purchasing
or receiving the unfinished frame or receiver or unserialized
firearm is a federal firearms importer, federal firearms
manufacturer, or federal firearms dealer.
(c) Beginning 180 days after the effective date of this
amendatory Act of the 102nd General Assembly, it is unlawful
for any person to knowingly possess, transport, or receive an
unfinished frame or receiver, unless:
(1) the party possessing or receiving the unfinished

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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 in
compliance with subsection (f) of this Section.
(d) Beginning 180 days after the effective date of this
amendatory Act of the 102nd General Assembly, unless the party
receiving the firearm is a federal firearms importer or
federal firearms manufacturer, it is unlawful for any person
to knowingly possess, purchase, transport, or receive a
firearm that is not imprinted with a serial number by (1) a
federal firearms importer or federal firearms manufacturer in
compliance with all federal laws and regulations regulating
the manufacture and import of firearms or (2) a federal
firearms manufacturer, federal firearms dealer, or other
federal licensee authorized to provide marking services in
compliance with the unserialized firearm serialization process
under subsection (f) of this Section.
(e) Any firearm or unfinished frame or receiver
manufactured using a three-dimensional printer must also be
serialized in accordance with the requirements of subsection
(f) within 30 days after the effective date of this amendatory

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Act of the 102nd General Assembly, or prior to reaching a stage
of manufacture where it may be readily completed, assembled,
or converted to be a functional firearm.
(f) Unserialized unfinished frames or receivers and
unserialized firearms serialized pursuant to this Section
shall be serialized in compliance with all of the following:
(1) An unserialized unfinished frame or receiver and
unserialized firearm shall be serialized by a federally
licensed firearms dealer or other federal licensee
authorized to provide marking services with the licensee's
abbreviated federal firearms license number as a prefix
(which is the first 3 and last 5 digits) followed by a
hyphen, and then followed by a number as a suffix, such as
12345678-(number). The serial number or numbers must be
placed in a manner that accords with the requirements
under federal law for affixing serial numbers to firearms,
including the requirements that the serial number or
numbers be at the minimum size and depth, and not
susceptible to being readily obliterated, altered, or
removed, and the licensee must retain records that accord
with the requirements under federal law in the case of the
sale of a firearm. The imprinting of any serial number
upon a undetectable firearm must be done on a steel plaque
in compliance with 18 U.S.C. 922(p).
(2) Every federally licensed firearms dealer or other
federal licensee that engraves, casts, stamps, or

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otherwise conspicuously and permanently places a unique
serial number pursuant to this Section shall maintain a
record of such indefinitely. Licensees subject to the
Firearm Dealer License Certification Act shall make all
records accessible for inspection upon the request of the
Illinois State Police or a law enforcement agency in
accordance with Section 5-35 of the Firearm Dealer License
Certification Act.
(3) Every federally licensed firearms dealer or other
federal licensee that engraves, casts, stamps, or
otherwise conspicuously and permanently places a unique
serial number pursuant to this Section shall record it at
the time of every transaction involving the transfer of a
firearm, rifle, shotgun, finished frame or receiver, or
unfinished frame or receiver that has been so marked in
compliance with the federal guidelines set forth in 27 CFR
478.124.
(4) Every federally licensed firearms dealer or other
federal licensee that engraves, casts, stamps, or
otherwise conspicuously and permanently places a unique
serial number pursuant to this Section shall review and
confirm the validity of the owner's Firearm Owner's
Identification Card issued under the Firearm Owners
Identification Card Act prior to returning the firearm to
the owner.
(g) Within 30 days after the effective date of this

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amendatory Act of the 102nd General Assembly, the Director of
the Illinois State Police shall issue a public notice
regarding the provisions of this Section. The notice shall
include posting on the Illinois State Police website and may
include written notification or any other means of
communication statewide to all Illinois-based federal firearms
manufacturers, federal firearms dealers, or other federal
licensees authorized to provide marking services in compliance
with the serialization process in subsection (f) in order to
educate the public.
(h) Exceptions. This Section does not apply to an
unserialized unfinished frame or receiver or an unserialized
firearm that:
(1) has been rendered permanently inoperable;
(2) is an antique firearm, as defined in 18 U.S.C.
921(a)(16);
(3) was manufactured prior to October 22, 1968;
(4) is an unfinished frame or receiver and is
possessed by a bona fide supplier exclusively for transfer
to a federal firearms manufacturer or federal firearms
importer, or is possessed by a federal firearms
manufacturer or federal firearms importer in compliance
with all federal laws and regulations regulating the
manufacture and import of firearms; except this exemption
does not apply if an unfinished frame or receiver is
possessed for transfer or is transferred to a person other

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than a federal firearms manufacturer or federal firearms
importer; or
(5) is possessed by a person who received the
unserialized unfinished frame or receiver or unserialized
firearm through inheritance, and is not otherwise
prohibited from possessing the unserialized unfinished
frame or receiver or unserialized firearm, for a period
not exceeding 30 days after inheriting the unserialized
unfinished frame or receiver or unserialized firearm.
(i) Penalties.
(1) A person who violates subsection (c) or (d) is
guilty of a Class A misdemeanor for a first violation and
is guilty of a Class 3 felony for a second or subsequent
violation.
(2) A person who violates subsection (b) is guilty of
a Class 4 felony for a first violation and is guilty of a
Class 2 felony for a second or subsequent violation.
(Source: P.A. 102-889, eff. 5-18-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.