Illinois General Assembly - Full Text of HB5731
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Full Text of HB5731  102nd General Assembly

HB5731 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 26674 RLC 37479 b

 

 

A BILL FOR

 

HB5731LRB102 26674 RLC 37479 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 sale, transfer, purchase,
8or possession of unfinished frames or receivers and
9unserialized 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. 921(a)(11).
13        "Federal firearms importer" means a licensed importer
14    pursuant to 18 U.S.C. 921(a)(9).
15        "Federal firearms manufacturer" means a licensed
16    manufacturer pursuant to 18 U.S.C. 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

 

 

HB5731- 2 -LRB102 26674 RLC 37479 b

1    or structure, the part or parts that the Director of the
2    federal Bureau of Alcohol, Tobacco, Firearms and
3    Explosives has determined are a frame or receiver
4    constitute the frame or receiver. For purposes of this
5    definition, "fire control component" means a component
6    necessary for the firearm to initiate, complete, or
7    continue the firing sequence, including any of the
8    following: hammer, bolt, bolt carrier, breechblock,
9    cylinder, trigger mechanism, firing pin, striker, or slide
10    rails.
11        "Three-dimensional printer" means a computer or
12    computer-drive machine capable of producing a
13    three-dimensional object from a digital model.
14        "Unfinished frame or receiver" means any forging,
15    casting, printing, extrusion, machined body, or similar
16    article that:
17            (1) has reached a stage in manufacture where it
18        may readily be completed, assembled, or converted to
19        be a functional; or
20            (2) is marketed or sold to the public to become or
21        be used as the frame or receiver of a functional
22        firearm once completed, assembled, or converted.
23    (b) Beginning 180 days after the effective date of this
24amendatory Act of the 102nd General Assembly, it is unlawful
25for any person to knowingly possess, transport, or receive an
26unfinished frame or receiver, unless:

 

 

HB5731- 3 -LRB102 26674 RLC 37479 b

1                (A) the party possessing or receiving the
2            unfinished frame or receiver is a federal firearms
3            importer or federal firearms manufacturer;
4                (B) the unfinished frame or receiver is
5            possessed or transported by a person for transfer
6            to a federal firearms importer or federal firearms
7            manufacturer; or
8                (C) the unfinished frame or receiver is
9            required by federal law to be, and has been,
10            imprinted with a serial number issued by a federal
11            firearms importer or federal firearms
12            manufacturer.
13    (c) It is unlawful for any person to knowingly sell, offer
14to sell, transfer, or purchase an unfinished frame or
15receiver, unless:
16        (1) the party purchasing or receiving the unfinished
17    frame or receiver is a federal firearms importer, federal
18    firearms manufacturer, or federal firearms dealer; or
19        (2) the unfinished frame or receiver is required by
20    federal law to be, and has been, imprinted with a serial
21    number issued by a federal firearms importer or federal
22    firearms manufacturer.
23    (d) Beginning one year after the effective date of this
24amendatory Act of the 102nd General Assembly, unless the party
25receiving the firearm is a law enforcement agency, federal
26firearms importer, or federal firearms manufacturer, it is

 

 

HB5731- 4 -LRB102 26674 RLC 37479 b

1unlawful for any person to knowingly possess, purchase,
2transport, or receive a firearm that is not imprinted with a
3serial number by:
4        (1) a federal firearms importer or federal firearms
5    manufacturer in compliance with all federal laws and
6    regulations regulating the manufacture and import of
7    firearms; or
8        (2) a federal firearms manufacturer, federal firearms
9    dealer, or other federal licensee authorized to provide
10    marketing services in compliance with the unserialized
11    firearm serialization process under subsection (f) of this
12    Section.
13    (e) Unless the party selling and the party receiving or
14purchasing the firearm is a law enforcement agency, federal
15firearms importer, or federal firearms manufacturer, it is
16unlawful for any person to knowingly sell, offer to sell, or
17transfer a firearm that is not imprinted with a serial number:
18by a federal firearms manufacturer, federal firearms dealer,
19or other federal licensee authorized to provide marketing
20service in compliance with unserialized firearm serialization
21process under subsection (f) of this Section; or by a federal
22firearms importer or federal firearms manufacturer in
23compliance with all federal laws and regulations regulating
24the manufacture and import of firearms.
25    (f) Unserialized firearms shall be serialized in
26compliance with all of the following:

 

 

HB5731- 5 -LRB102 26674 RLC 37479 b

1        (1) An unserialized firearm may be serialized by a
2    federally licensed firearms dealer or other federal
3    licensee authorized to provide marking services with the
4    licensee's abbreviated federal firearms license number as
5    a prefix (which is the first 3 and last 5 digits) followed
6    by a hyphen, and then followed by a number as a suffix,
7    such as 12345678-(number). The serial number or numbers
8    must be placed in a manner that accords with the
9    requirements under federal law for affixing serial numbers
10    to firearms, including the requirements that the serial
11    number or numbers be at the minimum size and depth, and not
12    susceptible of being readily obliterated, altered, or
13    removed, and the licensee must retain records that accord
14    with the requirements under federal law in the case of the
15    sale of a firearm. The imprinting of any serial number
16    must be done on a steel plaque in compliance with 18 U.S.C.
17    922(p).
18        (2) Every federally licensed firearms dealer or other
19    federal licensee that engraves, casts, stamps, or
20    otherwise conspicuously and permanently places a unique
21    serial number pursuant to this Section shall keep a record
22    book and enter in it at the time of every transaction
23    involving the transfer of a firearm, rifle, shotgun,
24    finished frame or receiver, or unfinished frame or
25    receiver that has been so marked by the federal licensee,
26    the date, name, age, and residence of any person to whom

 

 

HB5731- 6 -LRB102 26674 RLC 37479 b

1    such item is transferred along with the unique serial
2    number engraved, cast, stamped, or otherwise conspicuously
3    and permanently placed thereon.
4        (3) Every federally licensed firearms dealer or other
5    federal licensee that engraves, casts, stamps, or
6    otherwise conspicuously and permanently places a unique
7    serial number pursuant to this Section shall review and
8    confirm the validity of the owner's Firearm Owner's
9    Identification Card issued under the Firearm Owners
10    Identification Card Act prior to returning the firearm to
11    the owner.
12        (4) A federally licensed firearms dealer or other
13    federal licensee may charge a fee not to exceed $35 to
14    engrave, cast, stamp, or otherwise conspicuously and
15    permanently place a unique serial number pursuant to this
16    Section.
17    (g) It is unlawful when a person does any one of the
18following:
19        (1) uses a three-dimensional printer or similar device
20    to manufacture or produce a firearm, firearm receiver, or
21    major firearm component when not licensed as a federal
22    firearm manufacturer; or
23        (2) distributes by any means, including the Internet,
24    to a person who is not licensed as a manufacturer,
25    instructions in the form of computer-aided design files or
26    other code or instructions stored and displayed in

 

 

HB5731- 7 -LRB102 26674 RLC 37479 b

1    electronic format as a digital model that may be used to
2    program a three-dimensional printer to manufacture or
3    produce a firearm, firearm receiver, or major component of
4    a firearm.
5    This subsection does not apply to the manufacture or
6production of a major component of a firearm for transfer to a
7federal firearms manufacturer or to instructions that may be
8used to program a three-dimensional printer to manufacture or
9produce a major component of a firearm for and on behalf of a
10federal firearms manufacturer.
11    (h) Within 180 days after the effective date of this
12amendatory Act of the 102nd General Assembly, the Director of
13the Illinois State Police shall issue public notice regarding
14the provisions of this Section. The notice shall include
15posting on the Illinois State Police website and may include
16written notification or any other means of statewide
17communication to all federal firearms manufacturers, federal
18firearms dealers, or other federal licensees authorized to
19provide marketing services in compliance with the unserialized
20firearm serialization process in subsection (f) in order to
21educate the public.
22    (i) Subsections (d) and (e) do not apply to a firearm 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.

 

 

HB5731- 8 -LRB102 26674 RLC 37479 b

1    (j) A person who violates this Section is guilty of a Class
2A misdemeanor for a first violation and is guilty of a Class 3
3felony for a second or subsequent violation.
 
4    Section 97. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.