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.

 
 
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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 
 
 
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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 
 
 
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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:

 
 
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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 
 
 
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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:
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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.