102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4757

 

Introduced 1/27/2022, by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-5.1 new

    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.


LRB102 25210 RLC 34480 b

 

 

A BILL FOR

 

HB4757LRB102 25210 RLC 34480 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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. Prohibition on the transfer, purchase,
8manufacture, importation, possession of unfinished frames or
9receivers 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

 

 

HB4757- 2 -LRB102 25210 RLC 34480 b

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
21this amendatory Act of the 102nd General Assembly, it shall be
22unlawful for any person to knowingly possess, transport, or
23receive an unfinished frame or receiver, unless: the party
24possessing or receiving the unfinished frame or receiver is a
25federal firearms importer or federal firearms manufacturer; or
26the unfinished frame or receiver is required by federal law to

 

 

HB4757- 3 -LRB102 25210 RLC 34480 b

1be, and has been, imprinted with a serial number issued by a
2federal firearms importer or federal firearms manufacturer.
3    It shall be unlawful for any person to knowingly sell,
4offer to sell, transfer, or purchase an unfinished frame or
5receiver, unless: the party purchasing or receiving the
6unfinished frame or receiver is a federal firearms importer,
7federal firearms manufacturer, or federal firearms dealer; or
8the unfinished frame or receiver is required by federal law to
9be, and has been, imprinted with a serial number issued by a
10federal firearms importer or federal firearms manufacturer.
11    (c) One year after the effective date of this amendatory
12Act of the 102nd General Assembly, unless the party receiving
13the firearm is a law enforcement agency, federal firearms
14importer, or federal firearms manufacturer, it shall be
15unlawful for any person to knowingly possess, purchase,
16transport, or receive a firearm that is not imprinted with a
17serial number: by a federal firearms importer or federal
18firearms manufacturer in compliance with all federal laws and
19regulations regulating the manufacture and import of firearms;
20or by a federal firearms manufacturer, federal firearms
21dealer, or other federal licensee authorized to provide
22marketing services in compliance with the unserialized firearm
23serialization process under subsection (e) of this Section.
24    (d) Unless the party selling and the party receiving or
25purchasing the firearm is a law enforcement agency, federal
26firearms importer, or federal firearms manufacturer, it shall

 

 

HB4757- 4 -LRB102 25210 RLC 34480 b

1be unlawful for any person to knowingly sell, offer to sell, or
2transfer a firearm that is not imprinted with a serial number:
3by a federal firearms manufacturer, federal firearms dealer,
4or other federal licensee authorized to provide marketing
5service in compliance with unserialized firearm serialization
6process under subsection (e) of this Section; or by a federal
7firearms importer or federal firearms manufacturer in
8compliance with all federal laws and regulations regulating
9the manufacture and import of firearms.
10    (e) Unserialized firearms shall be serialized in
11compliance 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.

 

 

HB4757- 5 -LRB102 25210 RLC 34480 b

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
24distribute a firearm using a three-dimensional printer when
25the person does any one of the following:
26        (1) Uses a three-dimensional printer or similar device

 

 

HB4757- 6 -LRB102 25210 RLC 34480 b

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
13public notice regarding the provisions of this Section. Such
14notice shall include posting on the Illinois State Police
15website and may include written notification or any other
16means of communication State-wide to all federal firearms
17manufacturers, federal firearms dealers, or other federal
18licensees authorized to provide marketing services in
19compliance with the unserialized firearm serialization process
20in subsection (e) in order to educate the public.
21    (h) Subsections (c) and (d) shall not apply to a firearm
22that:
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.

 

 

HB4757- 7 -LRB102 25210 RLC 34480 b

1    (i) A person who violates the provisions of this Section
2is guilty of a Class A misdemeanor for a first violation and is
3guilty of a Class X felony for a second or subsequent
4violation.