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Public Act 102-0889 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. 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. Serialization of unfinished frames or | ||||
receivers; prohibition on unserialized firearms; exceptions; | ||||
penalties. | ||||
(a) In this Section: | ||||
"Bona fide supplier" means an established business entity | ||||
engaged in the development and sale of firearms parts to one or | ||||
more federal firearms manufacturers or federal firearms | ||||
importers. | ||||
"Federal firearms dealer" means a licensed manufacturer | ||||
pursuant to 18 U.S.C. 921(a)(11). | ||||
"Federal firearms importer" means a licensed importer | ||||
pursuant to 18 U.S.C. 921(a)(9). | ||||
"Federal firearms manufacturer" means a licensed | ||||
manufacturer pursuant to 18 U.S.C. 921(a)(10). | ||||
"Frame or receiver" means a part of a firearm that, when | ||||
the complete weapon is assembled, is visible from the exterior | ||||
and provides housing or a structure designed to hold or |
integrate one or more fire control components, even if pins or | ||
other attachments are required to connect those components to | ||
the housing or structure. For models of firearms in which | ||
multiple parts provide such housing or structure, the part or | ||
parts that the Director of the federal Bureau of Alcohol, | ||
Tobacco, Firearms and Explosives has determined are a frame or | ||
receiver constitute the frame or receiver. For purposes of | ||
this definition, "fire control component" means a component | ||
necessary for the firearm to initiate, complete, or continue | ||
the firing sequence, including any of the following: hammer, | ||
bolt, bolt carrier, breechblock, cylinder, trigger mechanism, | ||
firing pin, striker, or slide rails. | ||
"Security exemplar" means an object to be fabricated at | ||
the direction of the United States Attorney General that is | ||
(1) constructed of 3.7 ounces of material type 17-4 PH | ||
stainless steel in a shape resembling a handgun and (2) | ||
suitable for testing and calibrating metal detectors. | ||
"Three-dimensional printer" means a computer or | ||
computer-drive machine capable of producing a | ||
three-dimensional object from a digital model. | ||
"Undetectable firearm" means (1) a firearm constructed | ||
entirely of non-metal substances; (2) a firearm that, after | ||
removal of all parts but the major components of the firearm, | ||
is not detectable by walk-through metal detectors calibrated | ||
and operated to detect the security exemplar; or (3) a firearm | ||
that includes a major component of a firearm, which, if |
subject to the types of detection devices commonly used at | ||
airports for security screening, would not generate an image | ||
that accurately depicts the shape of the component. | ||
"Undetectable firearm" does not include a firearm subject to | ||
the provisions of 18 U.S.C. 922(p)(3) through (6). | ||
"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 firearm; or | ||
(2) is marketed or sold to the public to become or be | ||
used as the frame or receiver of a functional firearm once | ||
completed, assembled, or converted. | ||
"Unserialized" means lacking a serial number imprinted by: | ||
(1) a federal firearms manufacturer, federal firearms | ||
importer, federal firearms dealer, or other federal | ||
licensee authorized to provide marking services, pursuant | ||
to a requirement under federal law; or | ||
(2) a federal firearms dealer or other federal | ||
licensee authorized to provide marking services pursuant | ||
to subsection (f) of this Section. | ||
(b) It is unlawful for any person to knowingly sell, offer | ||
to sell, or transfer an unserialized unfinished frame or | ||
receiver or unserialized firearm, including those produced | ||
using a three-dimensional printer, unless the party purchasing | ||
or receiving the unfinished frame or receiver or unserialized |
firearm is a federal firearms importer, federal firearms | ||
manufacturer, or federal firearms dealer. | ||
(c) Beginning 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: | ||
(1) the party possessing or receiving the unfinished | ||
frame or receiver is a federal firearms importer or | ||
federal firearms manufacturer; | ||
(2) the unfinished frame or receiver is possessed or | ||
transported by a person for transfer to a federal firearms | ||
importer or federal firearms manufacturer; or | ||
(3) the unfinished frame or receiver has been | ||
imprinted with a serial number issued by a federal | ||
firearms importer or federal firearms manufacturer in | ||
compliance with subsection (f) of this Section. | ||
(d) Beginning 180 days after the effective date of this | ||
amendatory Act of the 102nd General Assembly, unless the party | ||
receiving the firearm is a federal firearms importer or | ||
federal firearms manufacturer, it is unlawful for any person | ||
to knowingly possess, purchase, transport, or receive a | ||
firearm that is not imprinted with a serial number by (1) a | ||
federal firearms importer or federal firearms manufacturer in | ||
compliance with all federal laws and regulations regulating | ||
the manufacture and import of firearms or (2) a federal | ||
firearms manufacturer, federal firearms dealer, or other |
federal licensee authorized to provide marking services in | ||
compliance with the unserialized firearm serialization process | ||
under subsection (f) of this Section. | ||
(e) Any firearm or unfinished frame or receiver | ||
manufactured using a three-dimensional printer must also be | ||
serialized in accordance with the requirements of subsection | ||
(f) within 30 days after the effective date of this amendatory | ||
Act of the 102nd General Assembly, or prior to reaching a stage | ||
of manufacture where it may be readily completed, assembled, | ||
or converted to be a functional firearm. | ||
(f) Unserialized unfinished frames or receivers and | ||
unserialized firearms serialized pursuant to this Section | ||
shall be serialized in compliance with all of the following: | ||
(1) An unserialized unfinished frame or receiver and | ||
unserialized firearm shall be serialized by a federally | ||
licensed firearms dealer or other federal licensee | ||
authorized to provide marking services with the licensee's | ||
abbreviated federal firearms license number as a prefix | ||
(which is the first 3 and last 5 digits) followed by a | ||
hyphen, and then followed by a number as a suffix, such as | ||
12345678-(number). The serial number or numbers must be | ||
placed in a manner that accords with the requirements | ||
under federal law for affixing serial numbers to firearms, | ||
including the requirements that the serial number or | ||
numbers be at the minimum size and depth, and not | ||
susceptible to being readily obliterated, altered, or |
removed, and the licensee must retain records that accord | ||
with the requirements under federal law in the case of the | ||
sale of a firearm. The imprinting of any serial number | ||
upon a undetectable firearm must be done on a steel plaque | ||
in compliance with 18 U.S.C. 922(p). | ||
(2) Every federally licensed firearms dealer or other | ||
federal licensee that engraves, casts, stamps, or | ||
otherwise conspicuously and permanently places a unique | ||
serial number pursuant to this Section shall maintain a | ||
record of such indefinitely. Licensees subject to the | ||
Firearm Dealer License Certification Act shall make all | ||
records accessible for inspection upon the request of the | ||
Illinois State Police or a law enforcement agency in | ||
accordance with Section 5-35 of the Firearm Dealer License | ||
Certification Act. | ||
(3) Every federally licensed firearms dealer or other | ||
federal licensee that engraves, casts, stamps, or | ||
otherwise conspicuously and permanently places a unique | ||
serial number pursuant to this Section shall record it at | ||
the time of every transaction involving the transfer of a | ||
firearm, rifle, shotgun, finished frame or receiver, or | ||
unfinished frame or receiver that has been so marked in | ||
compliance with the federal guidelines set forth in 27 CFR | ||
478.124. | ||
(4) Every federally licensed firearms dealer or other | ||
federal licensee that engraves, casts, stamps, or |
otherwise conspicuously and permanently places a unique | ||
serial number pursuant to this Section shall review and | ||
confirm the validity of the owner's Firearm Owner's | ||
Identification Card issued under the Firearm Owners | ||
Identification Card Act prior to returning the firearm to | ||
the owner. | ||
(g) Within 30 days after the effective date of this | ||
amendatory Act of the 102nd General Assembly, the Director of | ||
the Illinois State Police shall issue a public notice | ||
regarding the provisions of this Section. The notice shall | ||
include posting on the Illinois State Police website and may | ||
include written notification or any other means of | ||
communication statewide to all Illinois-based federal firearms | ||
manufacturers, federal firearms dealers, or other federal | ||
licensees authorized to provide marking services in compliance | ||
with the serialization process in subsection (f) in order to | ||
educate the public. | ||
(h) Exceptions. This Section does not apply to an | ||
unserialized unfinished frame or receiver or an unserialized | ||
firearm that: | ||
(1) has been rendered permanently inoperable; | ||
(2) is an antique firearm, as defined in 18 U.S.C. | ||
921(a)(16); | ||
(3) was manufactured prior to October 22, 1968; | ||
(4) is an unfinished frame or receiver and is | ||
possessed by a bona fide supplier exclusively for transfer |
to a federal firearms manufacturer or federal firearms | ||
importer, or is possessed by a federal firearms | ||
manufacturer or federal firearms importer in compliance | ||
with all federal laws and regulations regulating the | ||
manufacture and import of firearms; except this exemption | ||
does not apply if an unfinished frame or receiver is | ||
possessed for transfer or is transferred to a person other | ||
than a federal firearms manufacturer or federal firearms | ||
importer; or | ||
(5) is possessed by a person who received the | ||
unserialized unfinished frame or receiver or unserialized | ||
firearm through inheritance, and is not otherwise | ||
prohibited from possessing the unserialized unfinished | ||
frame or receiver or unserialized firearm, for a period | ||
not exceeding 30 days after inheriting the unserialized | ||
unfinished frame or receiver or unserialized firearm. | ||
(i) Penalties. | ||
(1) A person who violates subsection (c) or (d) is | ||
guilty of a Class A misdemeanor for a first violation and | ||
is guilty of a Class 3 felony for a second or subsequent | ||
violation. | ||
(2) A person who violates subsection (b) is guilty of | ||
a Class 4 felony for a first violation and is guilty of a | ||
Class 2 felony for a second or subsequent violation.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |