Illinois General Assembly - Full Text of HB4383
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Full Text of HB4383  102nd General Assembly

HB4383sam001 102ND GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 4/5/2022

 

 


 

 


 
10200HB4383sam001LRB102 22689 RLC 38729 a

1
AMENDMENT TO HOUSE BILL 4383

2    AMENDMENT NO. ______. Amend House Bill 4383 by replacing
3everything after the enacting clause with the following:
 
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. Serialization of unfinished frames or
8receivers; prohibition on unserialized firearms; exceptions;
9penalties.
10    (a) In this Section:
11    "Bona fide supplier" means an established business entity
12engaged in the development and sale of firearms parts to one or
13more federal firearms manufacturers or federal firearms
14importers.
15    "Federal firearms dealer" means a licensed manufacturer
16pursuant to 18 U.S.C. 921(a)(11).

 

 

10200HB4383sam001- 2 -LRB102 22689 RLC 38729 a

1    "Federal firearms importer" means a licensed importer
2pursuant to 18 U.S.C. 921(a)(9).
3    "Federal firearms manufacturer" means a licensed
4manufacturer pursuant to 18 U.S.C. 921(a)(10).
5    "Frame or receiver" means a part of a firearm that, when
6the complete weapon is assembled, is visible from the exterior
7and provides housing or a structure designed to hold or
8integrate one or more fire control components, even if pins or
9other attachments are required to connect those components to
10the housing or structure. For models of firearms in which
11multiple parts provide such housing or structure, the part or
12parts that the Director of the federal Bureau of Alcohol,
13Tobacco, Firearms and Explosives has determined are a frame or
14receiver constitute the frame or receiver. For purposes of
15this definition, "fire control component" means a component
16necessary for the firearm to initiate, complete, or continue
17the firing sequence, including any of the following: hammer,
18bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
19firing pin, striker, or slide rails.
20    "Three-dimensional printer" means a computer or
21computer-drive machine capable of producing a
22three-dimensional object from a digital model.
23    "Unfinished frame or receiver" means any forging, casting,
24printing, extrusion, machined body, or similar article that:
25        (1) has reached a stage in manufacture where it may
26    readily be completed, assembled, or converted to be a

 

 

10200HB4383sam001- 3 -LRB102 22689 RLC 38729 a

1    functional firearm; or
2        (2) is marketed or sold to the public to become or be
3    used as the frame or receiver of a functional firearm once
4    completed, assembled, or converted.
5    (b) Beginning 180 days after the effective date of this
6amendatory Act of the 102nd General Assembly, it is unlawful
7for any person to knowingly sell, offer to sell, or transfer an
8unserialized unfinished frame or receiver or unserialized
9firearm, including those produced using a three-dimensional
10printer, unless the party purchasing or receiving the
11unfinished frame or receiver or unserialized firearm is a
12federal firearms importer, federal firearms manufacturer, or
13federal firearms dealer.
14    (c) Any person who possesses or comes into possession of
15an unserialized unfinished frame or receiver or an
16unserialized firearm shall, within 30 days after the effective
17date of this amendatory Act of the 102nd General Assembly or
18within 30 days after taking possession, ensure that the
19unserialized unfinished frame or receiver or the unserialized
20firearm is imprinted with a serial number by:
21        (1) a federal firearms manufacturer, federal firearms
22    dealer, or other federal licensee authorized to provide
23    marking service in compliance with the unserialized
24    firearm serialization process under subsection (e) of this
25    Section; or
26        (2) a federal firearms importer or federal firearms

 

 

10200HB4383sam001- 4 -LRB102 22689 RLC 38729 a

1    manufacturer in compliance with all federal laws and
2    regulations regulating the manufacture and import of
3    firearms.
4    (d) Any firearm or unfinished frame or receiver
5manufactured using a three-dimensional printer must also be
6serialized in accordance with the requirements of subsection
7(e) within 30 days after the effective date of this amendatory
8Act of the 102nd General Assembly, or prior to reaching a stage
9of manufacture where it may be readily completed, assembled,
10or converted to be a functional firearm.
11    (e) Unserialized unfinished frames or receivers and
12unserialized firearms serialized pursuant to this Section
13shall be serialized in compliance with all of the following:
14        (1) An unserialized unfinished frame or receiver and
15    unserialized firearm shall be serialized by a federally
16    licensed firearms dealer or other federal licensee
17    authorized to provide marking services with the licensee's
18    abbreviated federal firearms license number as a prefix
19    (which is the first 3 and last 5 digits) followed by a
20    hyphen, and then followed by a number as a suffix, such as
21    12345678-(number). The serial number or numbers must be
22    placed in a manner that accords with the requirements
23    under federal law for affixing serial numbers to firearms,
24    including the requirements that the serial number or
25    numbers be at the minimum size and depth, and not
26    susceptible of being readily obliterated, altered, or

 

 

10200HB4383sam001- 5 -LRB102 22689 RLC 38729 a

1    removed, and the licensee must retain records that accord
2    with the requirements under federal law in the case of the
3    sale of a firearm. The imprinting of any serial number
4    must be done on a steel plaque in compliance with 18 U.S.C.
5    922(p).
6        (2) Every federally licensed firearms dealer or other
7    federal licensee that engraves, casts, stamps, or
8    otherwise conspicuously and permanently places a unique
9    serial number pursuant to this Section shall maintain a
10    record of such indefinitely. Licensees subject to the
11    Firearm Dealer License Certification Act shall make all
12    records accessible for inspection upon the request of the
13    Illinois State Police or a law enforcement agency in
14    accordance with Section 5-35 of the Firearm Dealer License
15    Certification Act.
16        (3) Every federally licensed firearms dealer or other
17    federal licensee that engraves, casts, stamps, or
18    otherwise conspicuously and permanently places a unique
19    serial number pursuant to this Section shall record it at
20    the time of every transaction involving the transfer of a
21    firearm, rifle, shotgun, finished frame or receiver, or
22    unfinished frame or receiver that has been so marked in
23    compliance with the federal guidelines set forth in 27 CFR
24    478.124.
25        (4) Every federally licensed firearms dealer or other
26    federal licensee that engraves, casts, stamps, or

 

 

10200HB4383sam001- 6 -LRB102 22689 RLC 38729 a

1    otherwise conspicuously and permanently places a unique
2    serial number pursuant to this Section shall review and
3    confirm the validity of the owner's Firearm Owner's
4    Identification Card issued under the Firearm Owners
5    Identification Card Act prior to returning the firearm to
6    the owner.
7    (f) The Director of the Illinois State Police shall issue
8a public notice regarding the provisions of this Section. The
9notice shall include posting on the Illinois State Police
10website and may include written notification or any other
11means of communication statewide to all Illinois-based federal
12firearms manufacturers, federal firearms dealers, or other
13federal licensees authorized to provide marking services in
14compliance with the serialization process in subsection (e) in
15order to educate the public.
16    (g) Exceptions. This Section does not apply to an
17unserialized unfinished frame or receiver or an unserialized
18firearm that:
19        (1) has been rendered permanently inoperable;
20        (2) is an antique firearm, as defined in 18 U.S.C.
21    921(a)(16);
22        (3) was manufactured prior to October 22, 1968; or
23        (4) is an unfinished frame or receiver and is
24    possessed by a bona fide supplier exclusively for transfer
25    to a federal firearms manufacturer or federal firearms
26    importer, or is possessed by a federal firearms

 

 

10200HB4383sam001- 7 -LRB102 22689 RLC 38729 a

1    manufacturer or federal firearms importer in compliance
2    with all federal laws and regulations regulating the
3    manufacture and import of firearms; except this exemption
4    does not apply if an unfinished frame or receiver is
5    possessed for transfer or is transferred to a person other
6    than a federal firearms manufacturer or federal firearms
7    importer.
8    (h) Penalties.
9        (1) A person who violates subsection (c) is guilty of
10    a Class A misdemeanor for a first violation and is guilty
11    of a Class 3 felony for a second or subsequent violation.
12        (2) A person who violates subsection (b) is guilty of
13    a Class 4 felony for a first violation and is guilty of a
14    Class 2 felony for a second or subsequent violation.".