Full Text of HB4757 102nd General Assembly
HB4757 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4757 Introduced 1/27/2022, by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: |
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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.
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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 adding | 5 | | Section 24-5.1 as follows: | 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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