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.



LRB102 21246 RLC 30357 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB2956LRB102 21246 RLC 30357 b



1 AN ACT concerning firearms.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the 
5Unserialized Firearm Serialization Act.

6 Section 5. Definitions. In this Act, "federal firearms 
7importer" and "federal firearms manufacturer" have the 
8meanings ascribed to them in Section 24-5.1 of the Criminal 
9Code of 2012.

10 Section 10. Firearms database. The Illinois State Police 
11shall maintain a database of each firearm possessed in this 
12State that does not have a serial number imprinted on the 
13firearm by a federal firearms importer or a federal firearms 
14manufacturer. The database shall include the name of the owner 
15of the firearm, the owner's Firearm Owner's Identification 
16Card number, a photograph of the firearm, the serial number 
17assigned to the firearm by the Illinois State Police, and a 
18photograph of the serial number that has been imprinted on the 
19firearm.

20 Section 15. Registration of unserialized firearms. 
21 (a) Within 180 days after the effective date of this Act, 
 
 
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1the owner of a firearm that does not have a serial number 
2imprinted on the firearm by a federal firearms importer or a 
3federal firearms manufacturer shall submit an application to 
4register the firearm with the Illinois State Police.
5 (b) Upon the filing of the application, the Illinois State 
6Police shall assign a unique serial number and conditionally 
7register the firearm pending confirmation that the serial 
8number has been imprinted on the firearm.
9 (c) The conditional registration of the firearm shall be 
10revoked if the confirmation of the imprinting of the serial 
11number has not been received within 30 days after the issuance 
12of the serial number.


13 Section 20. Confidentiality of database.
14 (a) The Illinois State Police shall maintain the 
15confidentiality of the database at all times. No information 
16regarding a particular applicant, application, or firearm may 
17be disclosed by the Illinois State Police except to a law 
18enforcement agency for a valid law enforcement purpose.
19 (b) Other than the total number of firearms included in 
20the database and information disclosed to law enforcement 
21agencies for valid law enforcement purposes, all information 
22provided to the Illinois State Police under this Act shall be 
23exempt from disclosure under the Freedom of Information Act.

24 Section 25. Rules. Within 60 days after the effective date 
 
 
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1of this Act, the Director of the Illinois State Police shall 
2adopt rules regarding the creation of the database, the 
3application process, the issuing of serial numbers, and the 
4standards required for the imprinting of serial numbers on 
5conditionally registered firearms. 

6 Section 90. The Freedom of Information Act is amended by 
7changing Section 7.5 as follows:



8 (5 ILCS 140/7.5)



9 Sec. 7.5. Statutory exemptions. To the extent provided for 
10by the statutes referenced below, the following shall be 
11exempt from inspection and copying:
12  (a) All information determined to be confidential 
13 under Section 4002 of the Technology Advancement and 
14 Development Act.
15  (b) Library circulation and order records identifying 
16 library users with specific materials under the Library 
17 Records Confidentiality Act.
18  (c) Applications, related documents, and medical 
19 records received by the Experimental Organ Transplantation 
20 Procedures Board and any and all documents or other 
21 records prepared by the Experimental Organ Transplantation 
22 Procedures Board or its staff relating to applications it 
23 has received.
24  (d) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives relating 
2 to known or suspected cases of sexually transmissible 
3 disease or any information the disclosure of which is 
4 restricted under the Illinois Sexually Transmissible 
5 Disease Control Act.
6  (e) Information the disclosure of which is exempted 
7 under Section 30 of the Radon Industry Licensing Act.
8  (f) Firm performance evaluations under Section 55 of 
9 the Architectural, Engineering, and Land Surveying 
10 Qualifications Based Selection Act.
11  (g) Information the disclosure of which is restricted 
12 and exempted under Section 50 of the Illinois Prepaid 
13 Tuition Act.
14  (h) Information the disclosure of which is exempted 
15 under the State Officials and Employees Ethics Act, and 
16 records of any lawfully created State or local inspector 
17 general's office that would be exempt if created or 
18 obtained by an Executive Inspector General's office under 
19 that Act.
20  (i) Information contained in a local emergency energy 
21 plan submitted to a municipality in accordance with a 
22 local emergency energy plan ordinance that is adopted 
23 under Section 11-21.5-5 of the Illinois Municipal Code.
24  (j) Information and data concerning the distribution 
25 of surcharge moneys collected and remitted by carriers 
26 under the Emergency Telephone System Act.
 
 
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1  (k) Law enforcement officer identification information 
2 or driver identification information compiled by a law 
3 enforcement agency or the Department of Transportation 
4 under Section 11-212 of the Illinois Vehicle Code.
5  (l) Records and information provided to a residential 
6 health care facility resident sexual assault and death 
7 review team or the Executive Council under the Abuse 
8 Prevention Review Team Act.
9  (m) Information provided to the predatory lending 
10 database created pursuant to Article 3 of the Residential 
11 Real Property Disclosure Act, except to the extent 
12 authorized under that Article.
13  (n) Defense budgets and petitions for certification of 
14 compensation and expenses for court appointed trial 
15 counsel as provided under Sections 10 and 15 of the 
16 Capital Crimes Litigation Act. This subsection (n) shall 
17 apply until the conclusion of the trial of the case, even 
18 if the prosecution chooses not to pursue the death penalty 
19 prior to trial or sentencing.
20  (o) Information that is prohibited from being 
21 disclosed under Section 4 of the Illinois Health and 
22 Hazardous Substances Registry Act.
23  (p) Security portions of system safety program plans, 
24 investigation reports, surveys, schedules, lists, data, or 
25 information compiled, collected, or prepared by or for the 
26 Department of Transportation under Sections 2705-300 and 
 
 
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1 2705-616 of the Department of Transportation Law of the 
2 Civil Administrative Code of Illinois, the Regional 
3 Transportation Authority under Section 2.11 of the 
4 Regional Transportation Authority Act, or the St. Clair 
5 County Transit District under the Bi-State Transit Safety 
6 Act. 
7  (q) Information prohibited from being disclosed by the 
8 Personnel Record Review Act. 
9  (r) Information prohibited from being disclosed by the 
10 Illinois School Student Records Act. 
11  (s) Information the disclosure of which is restricted 
12 under Section 5-108 of the Public Utilities Act. 

13  (t) All identified or deidentified health information 
14 in the form of health data or medical records contained 
15 in, stored in, submitted to, transferred by, or released 
16 from the Illinois Health Information Exchange, and 
17 identified or deidentified health information in the form 
18 of health data and medical records of the Illinois Health 
19 Information Exchange in the possession of the Illinois 
20 Health Information Exchange Office due to its 
21 administration of the Illinois Health Information 
22 Exchange. The terms "identified" and "deidentified" shall 
23 be given the same meaning as in the Health Insurance 
24 Portability and Accountability Act of 1996, Public Law 
25 104-191, or any subsequent amendments thereto, and any 
26 regulations promulgated thereunder. 
 
 
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1  (u) Records and information provided to an independent 
2 team of experts under the Developmental Disability and 
3 Mental Health Safety Act (also known as Brian's Law). 
4  (v) Names and information of people who have applied 
5 for or received Firearm Owner's Identification Cards under 
6 the Firearm Owners Identification Card Act or applied for 
7 or received a concealed carry license under the Firearm 
8 Concealed Carry Act, unless otherwise authorized by the 
9 Firearm Concealed Carry Act; and databases under the 
10 Firearm Concealed Carry Act, records of the Concealed 
11 Carry Licensing Review Board under the Firearm Concealed 
12 Carry Act, and law enforcement agency objections under the 
13 Firearm Concealed Carry Act. 
14  (v-5) Records of the Firearm Owner's Identification 
15 Card Review Board that are exempted from disclosure under 
16 Section 10 of the Firearm Owners Identification Card Act.
17  (w) Personally identifiable information which is 
18 exempted from disclosure under subsection (g) of Section 
19 19.1 of the Toll Highway Act.
20  (x) Information which is exempted from disclosure 
21 under Section 5-1014.3 of the Counties Code or Section 
22 8-11-21 of the Illinois Municipal Code. 
23  (y) Confidential information under the Adult 
24 Protective Services Act and its predecessor enabling 
25 statute, the Elder Abuse and Neglect Act, including 
26 information about the identity and administrative finding 
 
 
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1 against any caregiver of a verified and substantiated 
2 decision of abuse, neglect, or financial exploitation of 
3 an eligible adult maintained in the Registry established 
4 under Section 7.5 of the Adult Protective Services Act. 
5  (z) Records and information provided to a fatality 
6 review team or the Illinois Fatality Review Team Advisory 
7 Council under Section 15 of the Adult Protective Services 
8 Act. 
9  (aa) Information which is exempted from disclosure 
10 under Section 2.37 of the Wildlife Code. 
11  (bb) Information which is or was prohibited from 
12 disclosure by the Juvenile Court Act of 1987. 
13  (cc) Recordings made under the Law Enforcement 
14 Officer-Worn Body Camera Act, except to the extent 
15 authorized under that Act.
16  (dd) Information that is prohibited from being 
17 disclosed under Section 45 of the Condominium and Common 
18 Interest Community Ombudsperson Act. 
19  (ee) Information that is exempted from disclosure 
20 under Section 30.1 of the Pharmacy Practice Act. 
21  (ff) Information that is exempted from disclosure 
22 under the Revised Uniform Unclaimed Property Act. 
23  (gg) Information that is prohibited from being 
24 disclosed under Section 7-603.5 of the Illinois Vehicle 
25 Code. 
26  (hh) Records that are exempt from disclosure under 
 
 
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1 Section 1A-16.7 of the Election Code. 
2  (ii) Information which is exempted from disclosure 
3 under Section 2505-800 of the Department of Revenue Law of 
4 the Civil Administrative Code of Illinois. 
5  (jj) Information and reports that are required to be 
6 submitted to the Department of Labor by registering day 
7 and temporary labor service agencies but are exempt from 
8 disclosure under subsection (a-1) of Section 45 of the Day 
9 and Temporary Labor Services Act. 
10  (kk) Information prohibited from disclosure under the 
11 Seizure and Forfeiture Reporting Act. 
12  (ll) Information the disclosure of which is restricted 
13 and exempted under Section 5-30.8 of the Illinois Public 
14 Aid Code. 
15  (mm) Records that are exempt from disclosure under 
16 Section 4.2 of the Crime Victims Compensation Act. 
17  (nn) Information that is exempt from disclosure under 
18 Section 70 of the Higher Education Student Assistance Act. 
19  (oo) Communications, notes, records, and reports 
20 arising out of a peer support counseling session 
21 prohibited from disclosure under the First Responders 
22 Suicide Prevention Act. 
23  (pp) Names and all identifying information relating to 
24 an employee of an emergency services provider or law 
25 enforcement agency under the First Responders Suicide 
26 Prevention Act. 
 
 
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1  (qq) Information and records held by the Department of 
2 Public Health and its authorized representatives collected 
3 under the Reproductive Health Act. 
4  (rr) Information that is exempt from disclosure under 
5 the Cannabis Regulation and Tax Act. 
6  (ss) Data reported by an employer to the Department of 
7 Human Rights pursuant to Section 2-108 of the Illinois 
8 Human Rights Act.
9  (tt) Recordings made under the Children's Advocacy 
10 Center Act, except to the extent authorized under that 
11 Act. 
12  (uu) Information that is exempt from disclosure under 
13 Section 50 of the Sexual Assault Evidence Submission Act. 
14  (vv) Information that is exempt from disclosure under 
15 subsections (f) and (j) of Section 5-36 of the Illinois 
16 Public Aid Code. 
17  (ww) Information that is exempt from disclosure under 
18 Section 16.8 of the State Treasurer Act. 
19  (xx) Information that is exempt from disclosure or 
20 information that shall not be made public under the 
21 Illinois Insurance Code. 
22  (yy) Information prohibited from being disclosed under 
23 the Illinois Educational Labor Relations Act.
24  (zz) Information prohibited from being disclosed under 
25 the Illinois Public Labor Relations Act. 
26  (aaa) Information prohibited from being disclosed 
 
 
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1 under Section 1-167 of the Illinois Pension Code. 
2  (bbb) (ccc) Information that is prohibited from 
3 disclosure by the Illinois Police Training Act and the 
4 Illinois State Police Act. 
5  (ccc) (ddd) Records exempt from disclosure under 
6 Section
2605-304 of the Illinois Department of State 
7 Police Law of the Civil
Administrative Code of Illinois. 
8  (ddd) (bbb) Information prohibited from being 
9 disclosed under Section 35 of the Address Confidentiality 
10 for Victims of Domestic Violence, Sexual Assault, Human 
11 Trafficking, or Stalking Act. 
12  (eee) (ddd) Information prohibited from being 
13 disclosed under subsection (b) of Section 75 of the 
14 Domestic Violence Fatality Review Act. 
15  (fff) Information that is exempt from disclosure under 
16 the Unserialized Firearm Serialization Act. 
17(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
18101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
191-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
20eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
21101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
221-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
23eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
24102-559, eff. 8-20-21; revised 10-5-21.)

25 Section 95. The Criminal Code of 2012 is amended by adding 
 
 
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1Section 24-5.1 as follows:

2 (720 ILCS 5/24-5.1 new)
3 Sec. 24-5.1. Prohibition on the transfer, purchase, 
4manufacture, importation, or possession of unfinished frames 
5or receivers and unserialized firearms; exceptions; penalties.
6 (a) In this Section:
7 "Unfinished frame or receiver" means any forging, casting, 
8printing, extrusion, machined body, or similar article that:
9  (1) has reached a stage in manufacture where it may 
10 readily be completed, assembled, or converted to be a 
11 functional frame or receiver when combined with other 
12 parts; or
13  (2) is marketed or sold to the public to become a 
14 functional frame or receiver.
15 "Federal firearms importer" means a licensed importer 
16under 18 U.S.C. 921(a)(9).
17 "Federal firearms manufacturer" means a licensed 
18manufacturer under 18 U.S.C. 921(a)(10).
19 "Federal firearms dealer" means a licensed manufacturer 
20pursuant to 18 U.S.C. 921(a)(11).
21 (b) 180 days after the effective date of this amendatory 
22Act of the 102nd General Assembly, it is unlawful for any 
23person to knowingly possess, transport, or receive an 
24unfinished frame or receiver, unless the person possessing or 
25receiving the unfinished frame or receiver is a federal 
 
 
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1firearms importer or federal firearms manufacturer or the 
2unfinished frame or receiver is required by federal law to be, 
3and has been, imprinted with a serial number issued by a 
4federal firearms importer or federal firearms manufacturer.
5 (c) It is unlawful for any person to knowingly sell, offer 
6to sell, transfer, or purchase an unfinished frame or 
7receiver, unless the person purchasing the unfinished frame or 
8receiver is a federal firearms importer, federal firearms 
9manufacturer, or federal firearms dealer or the unfinished 
10frame or receiver is required by federal law to be, and has 
11been, imprinted with a serial number issued by a federal 
12firearms importer or federal firearms manufacturer.
13 (d) 365 days after the effective date of this amendatory 
14Act of the 102nd General Assembly, it is unlawful for any 
15person to knowingly possess, purchase, transport, or receive a 
16firearm that is not imprinted with a serial number issued 
17under the Unserialized Firearm Serialization Act or by the 
18federal firearms importer or federal firearms manufacturer in 
19compliance with all federal laws and regulations regulating 
20the manufacture and import of firearms, unless the person 
21receiving the firearm is a law enforcement agency, federal 
22firearms importer, or federal firearms manufacturer.
23 (e) It is unlawful for any person to knowingly sell, offer 
24to sell, or transfer a firearm that is not imprinted with a 
25serial number issued under the Unserialized Firearm 
26Serialization Act or by a federal firearms importer or federal 
 
 
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1firearms manufacturer in compliance with all federal laws and 
2regulations regulating the manufacture and import of firearms, 
3unless the person selling and the person receiving or 
4purchasing the firearm is a law enforcement agency, federal 
5firearms importer, or federal firearms manufacturer.
6 (f) Subsections (d) and (e) do not apply to a firearm that:
7  (1) has been rendered permanently inoperable;
8  (2) is an antique firearm, as defined in 18 U.S.C. 
9 921(a)(16); or
10  (3) was manufactured before 1968.
11 (g) Sentence. A first violation of this Section is a Class 
12A misdemeanor. A second or subsequent violation is a Class 3 
13felony.