HB5731 102ND GENERAL ASSEMBLY

LRB102 26674 RLC 37479 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5731

Introduced , by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-5.1 new

Amends the Criminal Code of 2012. Provides that 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 frame or receiver is a federal firearms importer or federal firearms manufacturer or the unfinished frame or receiver is possessed or transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or (2) the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer. Provides that it is unlawful for any person to knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver, unless: (1) the party purchasing or receiving the unfinished frame or receiver is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer; or (2) the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer. Provides for various violations concerning using a three-dimensional printer or similar device to manufacture or produce a firearm, firearm receiver, or major firearm component when not licensed as a federal firearms manufacturer or distributing by any means, including the Internet, to a person who is not licensed as a manufacturer, instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a three-dimensional printer to manufacture or produce a firearm, firearm receiver or major component of a firearm. Provides exceptions. Provides that a first violation is a Class A misdemeanor and that a second or subsequent violation is a Class 3 felony. Adds a severability provision. Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 24-5.1 as follows:

(720 ILCS 5/24-5.1 new)

Sec. 24-5.1. Prohibition on the sale, transfer, purchase, or possession of unfinished frames or receivers and unserialized firearms; exceptions; penalties.

(a) As used in this Section:

"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 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.

"Three-dimensional printer" means a computer or computer-drive machine capable of producing a three-dimensional object from a digital model.

"Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that:

(1) has reached a stage in manufacture where it may readily be completed, assembled, or converted to be a functional; 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.

(b) 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:

(A) the party possessing or receiving the unfinished frame or receiver is a federal firearms importer or federal firearms manufacturer;

(B) the unfinished frame or receiver is possessed or transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or

(C) the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer.

(c) It is unlawful for any person to knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver, unless:

(1) the party purchasing or receiving the unfinished frame or receiver is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer; or

(2) the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer.

(d) Beginning one year after the effective date of this amendatory Act of the 102nd General Assembly, unless the party receiving the firearm is a law enforcement agency, 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 marketing services in compliance with the unserialized firearm serialization process under subsection (f) of this Section.

(e) Unless the party selling and the party receiving or purchasing the firearm is a law enforcement agency, federal firearms importer, or federal firearms manufacturer, it is unlawful for any person to knowingly sell, offer to sell, or transfer a firearm that is not imprinted with a serial number: by a federal firearms manufacturer, federal firearms dealer, or other federal licensee authorized to provide marketing service in compliance with unserialized firearm serialization process under subsection (f) of this Section; or by a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms.

(f) Unserialized firearms shall be serialized in compliance with all of the following:

(1) An unserialized firearm may 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 of 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 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 otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall keep a record book and enter in 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 by the federal licensee, the date, name, age, and residence of any person to whom such item is transferred along with the unique serial number engraved, cast, stamped, or otherwise conspicuously and permanently placed thereon.

(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 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.

(4) A federally licensed firearms dealer or other federal licensee may charge a fee not to exceed $35 to engrave, cast, stamp, or otherwise conspicuously and permanently place a unique serial number pursuant to this Section.

(g) It is unlawful when a person does any one of the following:

(1) uses a three-dimensional printer or similar device to manufacture or produce a firearm, firearm receiver, or major firearm component when not licensed as a federal firearm manufacturer; or

(2) distributes by any means, including the Internet, to a person who is not licensed as a manufacturer, instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a three-dimensional printer to manufacture or produce a firearm, firearm receiver, or major component of a firearm.

This subsection does not apply to the manufacture or production of a major component of a firearm for transfer to a federal firearms manufacturer or to instructions that may be used to program a three-dimensional printer to manufacture or produce a major component of a firearm for and on behalf of a federal firearms manufacturer.

(h) Within 180 days after the effective date of this amendatory Act of the 102nd General Assembly, the Director of the Illinois State Police shall issue 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 statewide communication to all federal firearms manufacturers, federal firearms dealers, or other federal licensees authorized to provide marketing services in compliance with the unserialized firearm serialization process in subsection (f) in order to educate the public.

(i) Subsections (d) and (e) do not apply to a firearm that:

(1) has been rendered permanently inoperable;

(2) is an antique firearm, as defined in 18 U.S.C. Section 921(a)(16); or

(3) was manufactured prior to October 22, 1968.

(j) A person who violates this Section 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.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.