102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2956

 

Introduced 12/15/2021, by Sen. Jacqueline Y. Collins - Ann Gillespie - Christopher Belt - Julie A. Morrison - Mike Simmons, et al.

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5
720 ILCS 5/24-5.1 new

    Creates the Unserialized Firearm Serialization Act. Provides that the Illinois State Police shall maintain a database of each firearm possessed in the State that does not have a serial number imprinted on the firearm by a federal firearms importer or a federal firearms manufacturer. Provides that within 180 days after the effective date of the Act, the owner of a firearm that does not have a serial number imprinted on the firearm by a federal firearms importer or a federal firearms manufacturer shall submit an application to register the firearm with the Illinois State Police. Provides that upon the filing of the application, the Illinois State Police shall assign a unique serial number and conditionally register the firearm pending confirmation that the serial number has been imprinted on the firearm. Amends the Criminal Code of 2012 to provide criminal penalties for a person to knowingly sell, offer to sell, or transfer a firearm that is not imprinted with a serial number issued under the Unserialized Firearm Serialization Act 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, unless the person selling and the person receiving or purchasing the firearm is a law enforcement agency, federal firearms importer, or federal firearms manufacturer. Provides other exceptions. Amend the Freedom of Information Act to make conforming changes. Contains a severability provision.


LRB102 21246 RLC 30357 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Unserialized Firearm Serialization Act.
 
6    Section 5. Definitions. In this Act, "federal firearms
7importer" and "federal firearms manufacturer" have the
8meanings ascribed to them in Section 24-5.1 of the Criminal
9Code of 2012.
 
10    Section 10. Firearms database. The Illinois State Police
11shall maintain a database of each firearm possessed in this
12State that does not have a serial number imprinted on the
13firearm by a federal firearms importer or a federal firearms
14manufacturer. The database shall include the name of the owner
15of the firearm, the owner's Firearm Owner's Identification
16Card number, a photograph of the firearm, the serial number
17assigned to the firearm by the Illinois State Police, and a
18photograph of the serial number that has been imprinted on the
19firearm.
 
20    Section 15. Registration of unserialized firearms.
21    (a) Within 180 days after the effective date of this Act,

 

 

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1the owner of a firearm that does not have a serial number
2imprinted on the firearm by a federal firearms importer or a
3federal firearms manufacturer shall submit an application to
4register the firearm with the Illinois State Police.
5    (b) Upon the filing of the application, the Illinois State
6Police shall assign a unique serial number and conditionally
7register the firearm pending confirmation that the serial
8number has been imprinted on the firearm.
9    (c) The conditional registration of the firearm shall be
10revoked if the confirmation of the imprinting of the serial
11number has not been received within 30 days after the issuance
12of the serial number.
 
13    Section 20. Confidentiality of database.
14    (a) The Illinois State Police shall maintain the
15confidentiality of the database at all times. No information
16regarding a particular applicant, application, or firearm may
17be disclosed by the Illinois State Police except to a law
18enforcement agency for a valid law enforcement purpose.
19    (b) Other than the total number of firearms included in
20the database and information disclosed to law enforcement
21agencies for valid law enforcement purposes, all information
22provided to the Illinois State Police under this Act shall be
23exempt from disclosure under the Freedom of Information Act.
 
24    Section 25. Rules. Within 60 days after the effective date

 

 

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1of this Act, the Director of the Illinois State Police shall
2adopt rules regarding the creation of the database, the
3application process, the issuing of serial numbers, and the
4standards required for the imprinting of serial numbers on
5conditionally registered firearms.
 
6    Section 90. The Freedom of Information Act is amended by
7changing Section 7.5 as follows:
 
8    (5 ILCS 140/7.5)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be
11exempt from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library
17    Records Confidentiality Act.
18        (c) Applications, related documents, and medical
19    records received by the Experimental Organ Transplantation
20    Procedures Board and any and all documents or other
21    records prepared by the Experimental Organ Transplantation
22    Procedures Board or its staff relating to applications it
23    has received.
24        (d) Information and records held by the Department of

 

 

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1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a
22    local emergency energy plan ordinance that is adopted
23    under Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

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1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the
16    Capital Crimes Litigation Act. This subsection (n) shall
17    apply until the conclusion of the trial of the case, even
18    if the prosecution chooses not to pursue the death penalty
19    prior to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Department of Transportation under Sections 2705-300 and

 

 

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1    2705-616 of the Department of Transportation Law of the
2    Civil Administrative Code of Illinois, the Regional
3    Transportation Authority under Section 2.11 of the
4    Regional Transportation Authority Act, or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act.
7        (q) Information prohibited from being disclosed by the
8    Personnel Record Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) All identified or deidentified health information
14    in the form of health data or medical records contained
15    in, stored in, submitted to, transferred by, or released
16    from the Illinois Health Information Exchange, and
17    identified or deidentified health information in the form
18    of health data and medical records of the Illinois Health
19    Information Exchange in the possession of the Illinois
20    Health Information Exchange Office due to its
21    administration of the Illinois Health Information
22    Exchange. The terms "identified" and "deidentified" shall
23    be given the same meaning as in the Health Insurance
24    Portability and Accountability Act of 1996, Public Law
25    104-191, or any subsequent amendments thereto, and any
26    regulations promulgated thereunder.

 

 

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1        (u) Records and information provided to an independent
2    team of experts under the Developmental Disability and
3    Mental Health Safety Act (also known as Brian's Law).
4        (v) Names and information of people who have applied
5    for or received Firearm Owner's Identification Cards under
6    the Firearm Owners Identification Card Act or applied for
7    or received a concealed carry license under the Firearm
8    Concealed Carry Act, unless otherwise authorized by the
9    Firearm Concealed Carry Act; and databases under the
10    Firearm Concealed Carry Act, records of the Concealed
11    Carry Licensing Review Board under the Firearm Concealed
12    Carry Act, and law enforcement agency objections under the
13    Firearm Concealed Carry Act.
14        (v-5) Records of the Firearm Owner's Identification
15    Card Review Board that are exempted from disclosure under
16    Section 10 of the Firearm Owners Identification Card Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

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1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of
3    an eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

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1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day
7    and temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) Information that is exempt from disclosure under
18    Section 70 of the Higher Education Student Assistance Act.
19        (oo) Communications, notes, records, and reports
20    arising out of a peer support counseling session
21    prohibited from disclosure under the First Responders
22    Suicide Prevention Act.
23        (pp) Names and all identifying information relating to
24    an employee of an emergency services provider or law
25    enforcement agency under the First Responders Suicide
26    Prevention Act.

 

 

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1        (qq) Information and records held by the Department of
2    Public Health and its authorized representatives collected
3    under the Reproductive Health Act.
4        (rr) Information that is exempt from disclosure under
5    the Cannabis Regulation and Tax Act.
6        (ss) Data reported by an employer to the Department of
7    Human Rights pursuant to Section 2-108 of the Illinois
8    Human Rights Act.
9        (tt) Recordings made under the Children's Advocacy
10    Center Act, except to the extent authorized under that
11    Act.
12        (uu) Information that is exempt from disclosure under
13    Section 50 of the Sexual Assault Evidence Submission Act.
14        (vv) Information that is exempt from disclosure under
15    subsections (f) and (j) of Section 5-36 of the Illinois
16    Public Aid Code.
17        (ww) Information that is exempt from disclosure under
18    Section 16.8 of the State Treasurer Act.
19        (xx) Information that is exempt from disclosure or
20    information that shall not be made public under the
21    Illinois Insurance Code.
22        (yy) Information prohibited from being disclosed under
23    the Illinois Educational Labor Relations Act.
24        (zz) Information prohibited from being disclosed under
25    the Illinois Public Labor Relations Act.
26        (aaa) Information prohibited from being disclosed

 

 

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1    under Section 1-167 of the Illinois Pension Code.
2        (bbb) (ccc) Information that is prohibited from
3    disclosure by the Illinois Police Training Act and the
4    Illinois State Police Act.
5        (ccc) (ddd) Records exempt from disclosure under
6    Section 2605-304 of the Illinois Department of State
7    Police Law of the Civil Administrative Code of Illinois.
8        (ddd) (bbb) Information prohibited from being
9    disclosed under Section 35 of the Address Confidentiality
10    for Victims of Domestic Violence, Sexual Assault, Human
11    Trafficking, or Stalking Act.
12        (eee) (ddd) Information prohibited from being
13    disclosed under subsection (b) of Section 75 of the
14    Domestic Violence Fatality Review Act.
15        (fff) Information that is exempt from disclosure under
16    the Unserialized Firearm Serialization Act.
17(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
18101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
191-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
20eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
21101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
221-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
23eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
24102-559, eff. 8-20-21; revised 10-5-21.)
 
25    Section 95. The Criminal Code of 2012 is amended by adding

 

 

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1Section 24-5.1 as follows:
 
2    (720 ILCS 5/24-5.1 new)
3    Sec. 24-5.1. Prohibition on the transfer, purchase,
4manufacture, importation, or possession of unfinished frames
5or receivers and unserialized firearms; exceptions; penalties.
6    (a) In this Section:
7    "Unfinished frame or receiver" means any forging, casting,
8printing, extrusion, machined body, or similar article that:
9        (1) has reached a stage in manufacture where it may
10    readily be completed, assembled, or converted to be a
11    functional frame or receiver when combined with other
12    parts; or
13        (2) is marketed or sold to the public to become a
14    functional frame or receiver.
15    "Federal firearms importer" means a licensed importer
16under 18 U.S.C. 921(a)(9).
17    "Federal firearms manufacturer" means a licensed
18manufacturer under 18 U.S.C. 921(a)(10).
19    "Federal firearms dealer" means a licensed manufacturer
20pursuant to 18 U.S.C. 921(a)(11).
21    (b) 180 days after the effective date of this amendatory
22Act of the 102nd General Assembly, it is unlawful for any
23person to knowingly possess, transport, or receive an
24unfinished frame or receiver, unless the person possessing or
25receiving the unfinished frame or receiver is a federal

 

 

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1firearms importer or federal firearms manufacturer or the
2unfinished frame or receiver is required by federal law to be,
3and has been, imprinted with a serial number issued by a
4federal firearms importer or federal firearms manufacturer.
5    (c) It is unlawful for any person to knowingly sell, offer
6to sell, transfer, or purchase an unfinished frame or
7receiver, unless the person purchasing the unfinished frame or
8receiver is a federal firearms importer, federal firearms
9manufacturer, or federal firearms dealer or the unfinished
10frame or receiver is required by federal law to be, and has
11been, imprinted with a serial number issued by a federal
12firearms importer or federal firearms manufacturer.
13    (d) 365 days after the effective date of this amendatory
14Act of the 102nd General Assembly, it is unlawful for any
15person to knowingly possess, purchase, transport, or receive a
16firearm that is not imprinted with a serial number issued
17under the Unserialized Firearm Serialization Act or by the
18federal firearms importer or federal firearms manufacturer in
19compliance with all federal laws and regulations regulating
20the manufacture and import of firearms, unless the person
21receiving the firearm is a law enforcement agency, federal
22firearms importer, or federal firearms manufacturer.
23    (e) It is unlawful for any person to knowingly sell, offer
24to sell, or transfer a firearm that is not imprinted with a
25serial number issued under the Unserialized Firearm
26Serialization Act or by a federal firearms importer or federal

 

 

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1firearms manufacturer in compliance with all federal laws and
2regulations regulating the manufacture and import of firearms,
3unless the person selling and the person receiving or
4purchasing the firearm is a law enforcement agency, federal
5firearms importer, or federal firearms manufacturer.
6    (f) Subsections (d) and (e) do not apply to a firearm that:
7        (1) has been rendered permanently inoperable;
8        (2) is an antique firearm, as defined in 18 U.S.C.
9    921(a)(16); or
10        (3) was manufactured before 1968.
11    (g) Sentence. A first violation of this Section is a Class
12A misdemeanor. A second or subsequent violation is a Class 3
13felony.
 
14    Section 100. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.