SB2956 102ND GENERAL ASSEMBLY

LRB102 21246 RLC 30357 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning firearms.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Unserialized Firearm Serialization Act.

Section 5. Definitions. In this Act, "federal firearms importer" and "federal firearms manufacturer" have the meanings ascribed to them in Section 24-5.1 of the Criminal Code of 2012.

Section 10. Firearms database. The Illinois State Police shall maintain a database of each firearm possessed in this State that does not have a serial number imprinted on the firearm by a federal firearms importer or a federal firearms manufacturer. The database shall include the name of the owner of the firearm, the owner's Firearm Owner's Identification Card number, a photograph of the firearm, the serial number assigned to the firearm by the Illinois State Police, and a photograph of the serial number that has been imprinted on the firearm.

Section 15. Registration of unserialized firearms.

(a) Within 180 days after the effective date of this 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.

(b) 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.

(c) The conditional registration of the firearm shall be revoked if the confirmation of the imprinting of the serial number has not been received within 30 days after the issuance of the serial number.

Section 20. Confidentiality of database.

(a) The Illinois State Police shall maintain the confidentiality of the database at all times. No information regarding a particular applicant, application, or firearm may be disclosed by the Illinois State Police except to a law enforcement agency for a valid law enforcement purpose.

(b) Other than the total number of firearms included in the database and information disclosed to law enforcement agencies for valid law enforcement purposes, all information provided to the Illinois State Police under this Act shall be exempt from disclosure under the Freedom of Information Act.

Section 25. Rules. Within 60 days after the effective date of this Act, the Director of the Illinois State Police shall adopt rules regarding the creation of the database, the application process, the issuing of serial numbers, and the standards required for the imprinting of serial numbers on conditionally registered firearms.

Section 90. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Office due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) (ccc) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) (ddd) Records exempt from disclosure under Section 2605-304 of the Illinois Department of State Police Law of the Civil Administrative Code of Illinois.

(ddd) (bbb) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) (ddd) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Information that is exempt from disclosure under the Unserialized Firearm Serialization Act.

(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; revised 10-5-21.)

Section 95. The Criminal Code of 2012 is amended by adding Section 24-5.1 as follows:

(720 ILCS 5/24-5.1 new)

Sec. 24-5.1. Prohibition on the transfer, purchase, manufacture, importation, or possession of unfinished frames or receivers and unserialized firearms; exceptions; penalties.

(a) In this Section:

"Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that:

(1) has reached a stage in manufacture where it may readily be completed, assembled, or converted to be a functional frame or receiver when combined with other parts; or

(2) is marketed or sold to the public to become a functional frame or receiver.

"Federal firearms importer" means a licensed importer under 18 U.S.C. 921(a)(9).

"Federal firearms manufacturer" means a licensed manufacturer under 18 U.S.C. 921(a)(10).

"Federal firearms dealer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(11).

(b) 180 days after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person to knowingly possess, transport, or receive an unfinished frame or receiver, unless the person possessing or receiving the unfinished frame or receiver is a federal firearms importer or federal firearms manufacturer or 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.

(c) It is unlawful for any person to knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver, unless the person purchasing the unfinished frame or receiver is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer or 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.

(d) 365 days after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person to knowingly possess, purchase, transport, or receive a firearm that is not imprinted with a serial number issued under the Unserialized Firearm Serialization Act or by the 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 receiving the firearm is a law enforcement agency, federal firearms importer, or federal firearms manufacturer.

(e) It is unlawful for any 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.

(f) Subsections (d) and (e) do not apply to a firearm that:

(1) has been rendered permanently inoperable;

(2) is an antique firearm, as defined in 18 U.S.C. 921(a)(16); or

(3) was manufactured before 1968.

(g) Sentence. A first violation of this Section is a Class A misdemeanor. A second or subsequent violation is a Class 3 felony.

Section 100. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.