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: |
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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.
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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 sale, transfer, purchase, | 8 | | or possession of unfinished frames or receivers and | 9 | | 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. 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 |
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| 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 | 24 | | amendatory Act of the 102nd General Assembly, it is unlawful | 25 | | for any person to knowingly possess, transport, or receive an | 26 | | unfinished frame or receiver, unless: |
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| 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 | 14 | | to sell, transfer, or purchase an unfinished frame or | 15 | | receiver, 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 | 24 | | amendatory Act of the 102nd General Assembly, unless the party | 25 | | receiving the firearm is a law enforcement agency, federal | 26 | | firearms importer, or federal firearms manufacturer, it is |
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| 1 | | unlawful for any person to knowingly possess, purchase, | 2 | | transport, or receive a firearm that is not imprinted with a | 3 | | serial 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 | 14 | | purchasing the firearm is a law enforcement agency, federal | 15 | | firearms importer, or federal firearms manufacturer, it is | 16 | | unlawful for any person to knowingly sell, offer to sell, or | 17 | | transfer a firearm that is not imprinted with a serial number: | 18 | | by a federal firearms manufacturer, federal firearms dealer, | 19 | | or other federal licensee authorized to provide marketing | 20 | | service in compliance with unserialized firearm serialization | 21 | | process under subsection (f) of this Section; or by a federal | 22 | | firearms importer or federal firearms manufacturer in | 23 | | compliance with all federal laws and regulations regulating | 24 | | the manufacture and import of firearms. | 25 | | (f) Unserialized firearms shall be serialized in | 26 | | compliance with all of the following: |
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| 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 |
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| 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 | 18 | | following: | 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 |
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| 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 | 6 | | production of a major component of a firearm for transfer to a | 7 | | federal firearms manufacturer or to instructions that may be | 8 | | used to program a three-dimensional printer to manufacture or | 9 | | produce a major component of a firearm for and on behalf of a | 10 | | federal firearms manufacturer. | 11 | | (h) Within 180 days after the effective date of this | 12 | | amendatory Act of the 102nd General Assembly, the Director of | 13 | | the Illinois State Police shall issue public notice regarding | 14 | | the provisions of this Section. The notice shall include | 15 | | posting on the Illinois State Police website and may include | 16 | | written notification or any other means of statewide | 17 | | communication to all federal firearms manufacturers, federal | 18 | | firearms dealers, or other federal licensees authorized to | 19 | | provide marketing services in compliance with the unserialized | 20 | | firearm serialization process in subsection (f) in order to | 21 | | educate 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. |
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| 1 | | (j) A person who violates this Section is guilty of a Class | 2 | | A misdemeanor for a first violation and is guilty of a Class 3 | 3 | | felony for a second or subsequent violation.
| 4 | | Section 97. Severability. The provisions of this Act are | 5 | | severable under Section 1.31 of the Statute on Statutes. | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
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