HB4754ham003 98TH GENERAL ASSEMBLY

Rep. Elgie R. Sims, Jr.

Filed: 4/2/2014

09800HB4754ham003 LRB098 17547 RLC 58009 a

AMENDMENT TO HOUSE BILL 4754

AMENDMENT NO. ______. Amend House Bill 4754, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 2012 is amended by adding Section 24-2.3 as follows:

(720 ILCS 5/24-2.3 new)

Sec. 24-2.3. Unlawful use of a three-dimensional printer to create a firearm.

(a) As used in this Section, "three-dimensional printer" means a computer capable of producing a three-dimensional object from a digital model.

(b) A person commits unlawful use of a three-dimensional printer to create a firearm when he or she knowingly uses a three-dimensional printer to create a fully functioning firearm. This subsection (b) does not apply to:

(1) a person who possesses a license to manufacture firearms under subsection (a) of Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923(a));

(2) a person who is actually engaged in the business of manufacturing and selling any piece or part of a firearm, but only with respect to the activities which are within the lawful scope of that business; or

(3) a person who uses a three-dimensional printer to create a prototype of a firearm. As used in this paragraph (3), "prototype" means a sample, model, or release of a product built to test a concept or process or to act as a thing to be replicated or learned from the sample, model, or release. "Prototype" includes:

(A) a sample, model, or release used to test some aspect of the design without attempting to exactly simulate the visual appearance, choice of materials, or intended manufacturing process;

(B) a sample, model, or release used to explore the basic size, look, and feel of the product without simulating the actual function or exact visual appearance of the product;

(C) a sample, model, or release intended to capture the design aesthetic and simulate the appearance, color, and surface textures of the intended product but which does not actually embody the functions of the final product; or

(D) a functional prototype or working prototype which, to the greatest extent practical, attempt to simulate the final design, aesthetics, materials, and functionality of the intended design.

(c) Sentence. Unlawful use of a three-dimensional printer to create a firearm is a Class A misdemeanor.".