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

HB4383sam002 102ND GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 4/7/2022

 

 


 

 


 
10200HB4383sam002LRB102 22689 NLB 38947 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).

 

 

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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    "Security exemplar" means an object to be fabricated at
21the direction of the United States Attorney General that is
22(1) constructed of 3.7 ounces of material type 17-4 PH
23stainless steel in a shape resembling a handgun and (2)
24suitable for testing and calibrating metal detectors.
25    "Three-dimensional printer" means a computer or
26computer-drive machine capable of producing a

 

 

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1three-dimensional object from a digital model.
2    "Undetectable firearm" means (1) a firearm constructed
3entirely of non-metal substances; (2) a firearm that, after
4removal of all parts but the major components of the firearm,
5is not detectable by walk-through metal detectors calibrated
6and operated to detect the security exemplar; or (3) a firearm
7that includes a major component of a firearm, which, if
8subject to the types of detection devices commonly used at
9airports for security screening, would not generate an image
10that accurately depicts the shape of the component.
11"Undetectable firearm" does not include a firearm subject to
12the provisions of 18 U.S.C. 922(p)(3) through (6).
13    "Unfinished frame or receiver" means any forging, casting,
14printing, extrusion, machined body, or similar article that:
15        (1) has reached a stage in manufacture where it may
16    readily be completed, assembled, or converted to be a
17    functional firearm; or
18        (2) is marketed or sold to the public to become or be
19    used as the frame or receiver of a functional firearm once
20    completed, assembled, or converted.
21    "Unserialized" means lacking a serial number imprinted by:
22        (1) a federal firearms manufacturer, federal firearms
23    importer, federal firearms dealer, or other federal
24    licensee authorized to provide marking services, pursuant
25    to a requirement under federal law; or
26        (2) a federal firearms dealer or other federal

 

 

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1    licensee authorized to provide marking services pursuant
2    to subsection (f) of this Section.
3    (b) It is unlawful for any person to knowingly sell, offer
4to sell, or transfer an unserialized unfinished frame or
5receiver or unserialized firearm, including those produced
6using a three-dimensional printer, unless the party purchasing
7or receiving the unfinished frame or receiver or unserialized
8firearm is a federal firearms importer, federal firearms
9manufacturer, or federal firearms dealer.
10    (c) Beginning 180 days after the effective date of this
11amendatory Act of the 102nd General Assembly, it is unlawful
12for any person to knowingly possess, transport, or receive an
13unfinished frame or receiver, unless:
14        (1) the party possessing or receiving the unfinished
15    frame or receiver is a federal firearms importer or
16    federal firearms manufacturer;
17        (2) the unfinished frame or receiver is possessed or
18    transported by a person for transfer to a federal firearms
19    importer or federal firearms manufacturer; or
20        (3) the unfinished frame or receiver has been
21    imprinted with a serial number issued by a federal
22    firearms importer or federal firearms manufacturer in
23    compliance with subsection (f) of this Section.
24    (d) Beginning 180 days after the effective date of this
25amendatory Act of the 102nd General Assembly, unless the party
26receiving the firearm is a federal firearms importer or

 

 

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1federal firearms manufacturer, it is unlawful for any person
2to knowingly possess, purchase, transport, or receive a
3firearm that is not imprinted with a serial number by (1) a
4federal firearms importer or federal firearms manufacturer in
5compliance with all federal laws and regulations regulating
6the manufacture and import of firearms or (2) a federal
7firearms manufacturer, federal firearms dealer, or other
8federal licensee authorized to provide marking services in
9compliance with the unserialized firearm serialization process
10under subsection (f) of this Section.
11    (e) Any firearm or unfinished frame or receiver
12manufactured using a three-dimensional printer must also be
13serialized in accordance with the requirements of subsection
14(f) within 30 days after the effective date of this amendatory
15Act of the 102nd General Assembly, or prior to reaching a stage
16of manufacture where it may be readily completed, assembled,
17or converted to be a functional firearm.
18    (f) Unserialized unfinished frames or receivers and
19unserialized firearms serialized pursuant to this Section
20shall be serialized in compliance with all of the following:
21        (1) An unserialized unfinished frame or receiver and
22    unserialized firearm shall be serialized by a federally
23    licensed firearms dealer or other federal licensee
24    authorized to provide marking services with the licensee's
25    abbreviated federal firearms license number as a prefix
26    (which is the first 3 and last 5 digits) followed by a

 

 

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1    hyphen, and then followed by a number as a suffix, such as
2    12345678-(number). The serial number or numbers must be
3    placed in a manner that accords with the requirements
4    under federal law for affixing serial numbers to firearms,
5    including the requirements that the serial number or
6    numbers be at the minimum size and depth, and not
7    susceptible to being readily obliterated, altered, or
8    removed, and the licensee must retain records that accord
9    with the requirements under federal law in the case of the
10    sale of a firearm. The imprinting of any serial number
11    upon a undetectable firearm must be done on a steel plaque
12    in compliance with 18 U.S.C. 922(p).
13        (2) Every federally licensed firearms dealer or other
14    federal licensee that engraves, casts, stamps, or
15    otherwise conspicuously and permanently places a unique
16    serial number pursuant to this Section shall maintain a
17    record of such indefinitely. Licensees subject to the
18    Firearm Dealer License Certification Act shall make all
19    records accessible for inspection upon the request of the
20    Illinois State Police or a law enforcement agency in
21    accordance with Section 5-35 of the Firearm Dealer License
22    Certification Act.
23        (3) Every federally licensed firearms dealer or other
24    federal licensee that engraves, casts, stamps, or
25    otherwise conspicuously and permanently places a unique
26    serial number pursuant to this Section shall record it at

 

 

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1    the time of every transaction involving the transfer of a
2    firearm, rifle, shotgun, finished frame or receiver, or
3    unfinished frame or receiver that has been so marked in
4    compliance with the federal guidelines set forth in 27 CFR
5    478.124.
6        (4) 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 review and
10    confirm the validity of the owner's Firearm Owner's
11    Identification Card issued under the Firearm Owners
12    Identification Card Act prior to returning the firearm to
13    the owner.
14    (g) Within 30 days after the effective date of this
15amendatory Act of the 102nd General Assembly, the Director of
16the Illinois State Police shall issue a public notice
17regarding the provisions of this Section. The notice shall
18include posting on the Illinois State Police website and may
19include written notification or any other means of
20communication statewide to all Illinois-based federal firearms
21manufacturers, federal firearms dealers, or other federal
22licensees authorized to provide marking services in compliance
23with the serialization process in subsection (f) in order to
24educate the public.
25    (h) Exceptions. This Section does not apply to an
26unserialized unfinished frame or receiver or an unserialized

 

 

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1firearm that:
2        (1) has been rendered permanently inoperable;
3        (2) is an antique firearm, as defined in 18 U.S.C.
4    921(a)(16);
5        (3) was manufactured prior to October 22, 1968;
6        (4) is an unfinished frame or receiver and is
7    possessed by a bona fide supplier exclusively for transfer
8    to a federal firearms manufacturer or federal firearms
9    importer, or is possessed by a federal firearms
10    manufacturer or federal firearms importer in compliance
11    with all federal laws and regulations regulating the
12    manufacture and import of firearms; except this exemption
13    does not apply if an unfinished frame or receiver is
14    possessed for transfer or is transferred to a person other
15    than a federal firearms manufacturer or federal firearms
16    importer; or
17        (5) is possessed by a person who received the
18    unserialized unfinished frame or receiver or unserialized
19    firearm through inheritance, and is not otherwise
20    prohibited from possessing the unserialized unfinished
21    frame or receiver or unserialized firearm, for a period
22    not exceeding 30 days after inheriting the unserialized
23    unfinished frame or receiver or unserialized firearm.
24    (i) Penalties.
25        (1) A person who violates subsection (c) or (d) is
26    guilty of a Class A misdemeanor for a first violation and

 

 

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1    is guilty of a Class 3 felony for a second or subsequent
2    violation.
3        (2) A person who violates subsection (b) is guilty of
4    a Class 4 felony for a first violation and is guilty of a
5    Class 2 felony for a second or subsequent violation.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".