103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4550

Introduced , by Rep. Margaret Croke

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-5.1

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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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by

5 changing Section 24-5.1 as follows:

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

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