Illinois General Assembly - Full Text of SB1326
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Full Text of SB1326  103rd General Assembly

SB1326 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1326

 

Introduced 2/6/2023, by Sen. Dale Fowler

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2605/2605-45  was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-595
430 ILCS 68/Act rep.
720 ILCS 5/24-5.1

    Repeals the Firearm Dealer License Certification Act. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois and the Criminal Code of 2012 to makes conforming changes. Effective immediately.


LRB103 25217 RLC 51559 b

 

 

A BILL FOR

 

SB1326LRB103 25217 RLC 51559 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois State Police Law of the Civil
5Administrative Code of Illinois is amended by changing
6Sections 2605-45 and 2605-595 as follows:
 
7    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
8    Sec. 2605-45. Division of Justice Services. The Division
9of Justice Services shall exercise the following functions:
10        (1) Operate and maintain the Law Enforcement Agencies
11    Data System (LEADS), a statewide, computerized
12    telecommunications system designed to provide services,
13    information, and capabilities to the law enforcement and
14    criminal justice community in the State of Illinois. The
15    Director is responsible for establishing policy,
16    procedures, and regulations consistent with State and
17    federal rules, policies, and law by which LEADS operates.
18    The Director shall designate a statewide LEADS
19    Administrator for management of the system. The Director
20    may appoint a LEADS Advisory Policy Board to reflect the
21    needs and desires of the law enforcement and criminal
22    justice community and to make recommendations concerning
23    policies and procedures.

 

 

SB1326- 2 -LRB103 25217 RLC 51559 b

1        (2) Pursue research and the publication of studies
2    pertaining to local law enforcement activities.
3        (3) Serve as the State's point of contact for the
4    Federal Bureau of Investigation's Uniform Crime Reporting
5    Program and National Incident-Based Reporting System.
6        (4) Operate an electronic data processing and computer
7    center for the storage and retrieval of data pertaining to
8    criminal activity.
9        (5) Exercise the rights, powers, and duties vested in
10    the Illinois State Police by the Cannabis Regulation and
11    Tax Act and the Compassionate Use of Medical Cannabis
12    Program Act.
13        (6) (Blank).
14        (6.5) Exercise the rights, powers, and duties vested
15    in the Illinois State Police by the Firearm Owners
16    Identification Card Act and , the Firearm Concealed Carry
17    Act, and the Firearm Dealer License Certification Act.
18        (7) Exercise other duties that may be assigned by the
19    Director to fulfill the responsibilities and achieve the
20    purposes of the Illinois State Police.
21        (8) Exercise the rights, powers, and duties vested by
22    law in the Illinois State Police by the Criminal
23    Identification Act.
24        (9) Exercise the powers and perform the duties that
25    have been vested in the Illinois State Police by the Sex
26    Offender Registration Act and the Sex Offender Community

 

 

SB1326- 3 -LRB103 25217 RLC 51559 b

1    Notification Law and adopt reasonable rules necessitated
2    thereby.
3(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
4    (20 ILCS 2605/2605-595)
5    Sec. 2605-595. State Police Firearm Services Fund.
6    (a) There is created in the State treasury a special fund
7known as the State Police Firearm Services Fund. The Fund
8shall receive revenue under the Firearm Concealed Carry Act,
9the Firearm Dealer License Certification Act, and Section 5 of
10the Firearm Owners Identification Card Act. The Fund may also
11receive revenue from grants, pass-through grants, donations,
12appropriations, and any other legal source.
13    (a-5) (Blank). Notwithstanding any other provision of law
14to the contrary, and in addition to any other transfers that
15may be provided by law, on the effective date of this
16amendatory Act of the 102nd General Assembly, or as soon
17thereafter as practical, the State Comptroller shall direct
18and the State Treasurer shall transfer the remaining balance
19from the Firearm Dealer License Certification Fund into the
20State Police Firearm Services Fund. Upon completion of the
21transfer, the Firearm Dealer License Certification Fund is
22dissolved, and any future deposits due to that Fund and any
23outstanding obligations or liabilities of that Fund shall pass
24to the State Police Firearm Services Fund.
25    (b) The Illinois State Police may use moneys in the Fund to

 

 

SB1326- 4 -LRB103 25217 RLC 51559 b

1finance any of its lawful purposes, mandates, functions, and
2duties under the Firearm Owners Identification Card Act, the
3Firearm Dealer License Certification Act, and the Firearm
4Concealed Carry Act, including the cost of sending notices of
5expiration of Firearm Owner's Identification Cards, concealed
6carry licenses, the prompt and efficient processing of
7applications under the Firearm Owners Identification Card Act
8and the Firearm Concealed Carry Act, the improved efficiency
9and reporting of the LEADS and federal NICS law enforcement
10data systems, and support for investigations required under
11these Acts and law. Any surplus funds beyond what is needed to
12comply with the aforementioned purposes shall be used by the
13Illinois State Police to improve the Law Enforcement Agencies
14Data System (LEADS) and criminal history background check
15system.
16    (c) Investment income that is attributable to the
17investment of moneys in the Fund shall be retained in the Fund
18for the uses specified in this Section.
19(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
 
20    (430 ILCS 68/Act rep.)
21    Section 10. The Firearm Dealer License Certification Act
22is repealed.
 
23    Section 15. The Criminal Code of 2012 is amended by
24changing Section 24-5.1 as follows:
 

 

 

SB1326- 5 -LRB103 25217 RLC 51559 b

1    (720 ILCS 5/24-5.1)
2    Sec. 24-5.1. Serialization of unfinished frames or
3receivers; prohibition on unserialized firearms; exceptions;
4penalties.
5    (a) In this Section:
6    "Bona fide supplier" means an established business entity
7engaged in the development and sale of firearms parts to one or
8more federal firearms manufacturers or federal firearms
9importers.
10    "Federal firearms dealer" means a licensed manufacturer
11pursuant to 18 U.S.C. 921(a)(11).
12    "Federal firearms importer" means a licensed importer
13pursuant to 18 U.S.C. 921(a)(9).
14    "Federal firearms manufacturer" means a licensed
15manufacturer pursuant to 18 U.S.C. 921(a)(10).
16    "Frame or receiver" means a part of a firearm that, when
17the complete weapon is assembled, is visible from the exterior
18and provides housing or a structure designed to hold or
19integrate one or more fire control components, even if pins or
20other attachments are required to connect those components to
21the housing or structure. For models of firearms in which
22multiple parts provide such housing or structure, the part or
23parts that the Director of the federal Bureau of Alcohol,
24Tobacco, Firearms and Explosives has determined are a frame or
25receiver constitute the frame or receiver. For purposes of

 

 

SB1326- 6 -LRB103 25217 RLC 51559 b

1this definition, "fire control component" means a component
2necessary for the firearm to initiate, complete, or continue
3the firing sequence, including any of the following: hammer,
4bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
5firing pin, striker, or slide rails.
6    "Security exemplar" means an object to be fabricated at
7the direction of the United States Attorney General that is
8(1) constructed of 3.7 ounces of material type 17-4 PH
9stainless steel in a shape resembling a handgun and (2)
10suitable for testing and calibrating metal detectors.
11    "Three-dimensional printer" means a computer or
12computer-drive machine capable of producing a
13three-dimensional object from a digital model.
14    "Undetectable firearm" means (1) a firearm constructed
15entirely of non-metal substances; (2) a firearm that, after
16removal of all parts but the major components of the firearm,
17is not detectable by walk-through metal detectors calibrated
18and operated to detect the security exemplar; or (3) a firearm
19that includes a major component of a firearm, which, if
20subject to the types of detection devices commonly used at
21airports for security screening, would not generate an image
22that accurately depicts the shape of the component.
23"Undetectable firearm" does not include a firearm subject to
24the provisions of 18 U.S.C. 922(p)(3) through (6).
25    "Unfinished frame or receiver" means any forging, casting,
26printing, extrusion, machined body, or similar article that:

 

 

SB1326- 7 -LRB103 25217 RLC 51559 b

1        (1) has reached a stage in manufacture where it may
2    readily be completed, assembled, or converted to be a
3    functional firearm; or
4        (2) is marketed or sold to the public to become or be
5    used as the frame or receiver of a functional firearm once
6    completed, assembled, or converted.
7    "Unserialized" means lacking a serial number imprinted by:
8        (1) a federal firearms manufacturer, federal firearms
9    importer, federal firearms dealer, or other federal
10    licensee authorized to provide marking services, pursuant
11    to a requirement under federal law; or
12        (2) a federal firearms dealer or other federal
13    licensee authorized to provide marking services pursuant
14    to subsection (f) of this Section.
15    (b) It is unlawful for any person to knowingly sell, offer
16to sell, or transfer an unserialized unfinished frame or
17receiver or unserialized firearm, including those produced
18using a three-dimensional printer, unless the party purchasing
19or receiving the unfinished frame or receiver or unserialized
20firearm is a federal firearms importer, federal firearms
21manufacturer, or federal firearms dealer.
22    (c) Beginning 180 days after the effective date of this
23amendatory Act of the 102nd General Assembly, it is unlawful
24for any person to knowingly possess, transport, or receive an
25unfinished frame or receiver, unless:
26        (1) the party possessing or receiving the unfinished

 

 

SB1326- 8 -LRB103 25217 RLC 51559 b

1    frame or receiver is a federal firearms importer or
2    federal firearms manufacturer;
3        (2) the unfinished frame or receiver is possessed or
4    transported by a person for transfer to a federal firearms
5    importer or federal firearms manufacturer; or
6        (3) the unfinished frame or receiver has been
7    imprinted with a serial number issued by a federal
8    firearms importer or federal firearms manufacturer in
9    compliance with subsection (f) of this Section.
10    (d) Beginning 180 days after the effective date of this
11amendatory Act of the 102nd General Assembly, unless the party
12receiving the firearm is a federal firearms importer or
13federal firearms manufacturer, it is unlawful for any person
14to knowingly possess, purchase, transport, or receive a
15firearm that is not imprinted with a serial number by (1) a
16federal firearms importer or federal firearms manufacturer in
17compliance with all federal laws and regulations regulating
18the manufacture and import of firearms or (2) a federal
19firearms manufacturer, federal firearms dealer, or other
20federal licensee authorized to provide marking services in
21compliance with the unserialized firearm serialization process
22under subsection (f) of this Section.
23    (e) Any firearm or unfinished frame or receiver
24manufactured using a three-dimensional printer must also be
25serialized in accordance with the requirements of subsection
26(f) within 30 days after the effective date of this amendatory

 

 

SB1326- 9 -LRB103 25217 RLC 51559 b

1Act of the 102nd General Assembly, or prior to reaching a stage
2of manufacture where it may be readily completed, assembled,
3or converted to be a functional firearm.
4    (f) Unserialized unfinished frames or receivers and
5unserialized firearms serialized pursuant to this Section
6shall be serialized in compliance with all of the following:
7        (1) An unserialized unfinished frame or receiver and
8    unserialized firearm shall be serialized by a federally
9    licensed firearms dealer or other federal licensee
10    authorized to provide marking services with the licensee's
11    abbreviated federal firearms license number as a prefix
12    (which is the first 3 and last 5 digits) followed by a
13    hyphen, and then followed by a number as a suffix, such as
14    12345678-(number). The serial number or numbers must be
15    placed in a manner that accords with the requirements
16    under federal law for affixing serial numbers to firearms,
17    including the requirements that the serial number or
18    numbers be at the minimum size and depth, and not
19    susceptible to being readily obliterated, altered, or
20    removed, and the licensee must retain records that accord
21    with the requirements under federal law in the case of the
22    sale of a firearm. The imprinting of any serial number
23    upon a undetectable firearm must be done on a steel plaque
24    in compliance with 18 U.S.C. 922(p).
25        (2) Every federally licensed firearms dealer or other
26    federal licensee that engraves, casts, stamps, or

 

 

SB1326- 10 -LRB103 25217 RLC 51559 b

1    otherwise conspicuously and permanently places a unique
2    serial number pursuant to this Section shall maintain a
3    record of such indefinitely. Licensees subject to the
4    Firearm Dealer License Certification Act shall make all
5    records accessible for inspection upon the request of the
6    Illinois State Police or a law enforcement agency in
7    accordance with Section 5-35 of the Firearm Dealer License
8    Certification Act.
9        (3) Every federally licensed firearms dealer or other
10    federal licensee that engraves, casts, stamps, or
11    otherwise conspicuously and permanently places a unique
12    serial number pursuant to this Section shall record it at
13    the time of every transaction involving the transfer of a
14    firearm, rifle, shotgun, finished frame or receiver, or
15    unfinished frame or receiver that has been so marked in
16    compliance with the federal guidelines set forth in 27 CFR
17    478.124.
18        (4) 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 review and
22    confirm the validity of the owner's Firearm Owner's
23    Identification Card issued under the Firearm Owners
24    Identification Card Act prior to returning the firearm to
25    the owner.
26    (g) Within 30 days after the effective date of this

 

 

SB1326- 11 -LRB103 25217 RLC 51559 b

1amendatory Act of the 102nd General Assembly, the Director of
2the Illinois State Police shall issue a public notice
3regarding the provisions of this Section. The notice shall
4include posting on the Illinois State Police website and may
5include written notification or any other means of
6communication statewide to all Illinois-based federal firearms
7manufacturers, federal firearms dealers, or other federal
8licensees authorized to provide marking services in compliance
9with the serialization process in subsection (f) in order to
10educate the public.
11    (h) Exceptions. This Section does not apply to an
12unserialized unfinished frame or receiver or an unserialized
13firearm that:
14        (1) has been rendered permanently inoperable;
15        (2) is an antique firearm, as defined in 18 U.S.C.
16    921(a)(16);
17        (3) was manufactured prior to October 22, 1968;
18        (4) is an unfinished frame or receiver and is
19    possessed by a bona fide supplier exclusively for transfer
20    to a federal firearms manufacturer or federal firearms
21    importer, or is possessed by a federal firearms
22    manufacturer or federal firearms importer in compliance
23    with all federal laws and regulations regulating the
24    manufacture and import of firearms; except this exemption
25    does not apply if an unfinished frame or receiver is
26    possessed for transfer or is transferred to a person other

 

 

SB1326- 12 -LRB103 25217 RLC 51559 b

1    than a federal firearms manufacturer or federal firearms
2    importer; or
3        (5) is possessed by a person who received the
4    unserialized unfinished frame or receiver or unserialized
5    firearm through inheritance, and is not otherwise
6    prohibited from possessing the unserialized unfinished
7    frame or receiver or unserialized firearm, for a period
8    not exceeding 30 days after inheriting the unserialized
9    unfinished frame or receiver or unserialized firearm.
10    (i) Penalties.
11        (1) A person who violates subsection (c) or (d) is
12    guilty of a Class A misdemeanor for a first violation and
13    is guilty of a Class 3 felony for a second or subsequent
14    violation.
15        (2) A person who violates subsection (b) is guilty of
16    a Class 4 felony for a first violation and is guilty of a
17    Class 2 felony for a second or subsequent violation.
18(Source: P.A. 102-889, eff. 5-18-22.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.