102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4757
 
Introduced , by Rep. Kambium Buckner
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/24-5.1 new

 Amends the Criminal Code of 2012. Prohibits the transfer, purchase, manufacture, importation, possession of unfinished frames or receivers and unserialized firearms. Provides a process for serializing unfinished frames or receivers and unserialized firearms. Provides that it is unlawful for a person to manufacture or distribute a firearm using a three-dimensional printer under specified circumstances. Provides that a first violation is a Class A misdemeanor and that a second or subsequent violation is a Class X felony.



LRB102 25210 RLC 34480 b


 
 
A BILL FOR
 


HB4757LRB102 25210 RLC 34480 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



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. Prohibition on the transfer, purchase, 
8manufacture, importation, possession of unfinished frames or 
9receivers and unserialized firearms; exceptions; penalties.
10 (a) As used in this Section:
11  "Federal firearms dealer" means a licensed 
12 manufacturer pursuant to 18 U.S.C. Section 921(a)(11).
13  "Federal firearms importer" means a licensed importer 
14 pursuant to 18 U.S.C. Section 921(a)(9).
15  "Federal firearms manufacturer" means a licensed 
16 manufacturer pursuant to 18 U.S.C. Section 921(a)(10).
17  "Frame or receiver" means a part of a firearm that, 
18 when the complete weapon is assembled, is visible from the 
19 exterior and provides housing or a structure designed to 
20 hold or integrate one or more fire control components, 
21 even if pins or other attachments are required to connect 
22 those components to the housing or structure. For models 
23 of firearms in which multiple parts provide such housing 
 
 
HB4757- 2 -LRB102 25210 RLC 34480 b


1 or structure, the part or parts that the Director of the 
2 federal Bureau of Alcohol, Tobacco, Firearms & Explosives 
3 has determined are a frame or receiver constitute the 
4 frame or receiver.
For purposes of this definition, the 
5 term "fire control component" means a component necessary 
6 for the firearm to initiate, complete, or continue the 
7 firing sequence, including any of the following: Hammer, 
8 bolt, bolt carrier, breechblock, cylinder, trigger 
9 mechanism, firing pin, striker, or slide rails.
10  "Three-dimensional printer" means a computer or 
11 computer-drive machine capable of producing a 
12 three-dimensional object from a digital model.
13  "Unfinished frame or receiver" means any forging, 
14 casting, printing, extrusion, machined body or similar 
15 article that: (1) has reached a stage in manufacture where 
16 it may readily be completed, assembled or converted to be 
17 a functional; or (2) is marketed or sold to the public to 
18 become or be used as the frame or receiver of a functional 
19 firearm once completed, assembled or converted.
20 (b) One hundred eighty days after the effective date of 
21this amendatory Act of the 102nd General Assembly, it shall be 
22unlawful for any person to knowingly possess, transport, or 
23receive an unfinished frame or receiver, unless: the party 
24possessing or receiving the unfinished frame or receiver is a 
25federal firearms importer or federal firearms manufacturer; or 
26the unfinished frame or receiver is required by federal law to 
 
 
HB4757- 3 -LRB102 25210 RLC 34480 b


1be, and has been, imprinted with a serial number issued by a 
2federal firearms importer or federal firearms manufacturer.
3 It shall be unlawful for any person to knowingly sell, 
4offer to sell, transfer, or purchase an unfinished frame or 
5receiver, unless: the party purchasing or receiving the 
6unfinished frame or receiver is a federal firearms importer, 
7federal firearms manufacturer, or federal firearms dealer; or 
8the unfinished frame or receiver is required by federal law to 
9be, and has been, imprinted with a serial number issued by a 
10federal firearms importer or federal firearms manufacturer.
11 (c) One year after the effective date of this amendatory 
12Act of the 102nd General Assembly, unless the party receiving 
13the firearm is a law enforcement agency, federal firearms 
14importer, or federal firearms manufacturer, it shall be 
15unlawful for any person to knowingly possess, purchase, 
16transport, or receive a firearm that is not imprinted with a 
17serial number: by a federal firearms importer or federal 
18firearms manufacturer in compliance with all federal laws and 
19regulations regulating the manufacture and import of firearms; 
20or by a federal firearms manufacturer, federal firearms 
21dealer, or other federal licensee authorized to provide 
22marketing services in compliance with the unserialized firearm 
23serialization process under subsection (e) of this Section.
24 (d) Unless the party selling and the party receiving or 
25purchasing the firearm is a law enforcement agency, federal 
26firearms importer, or federal firearms manufacturer, it shall 
 
 
HB4757- 4 -LRB102 25210 RLC 34480 b


1be unlawful for any person to knowingly sell, offer to sell, or 
2transfer a firearm that is not imprinted with a serial number: 
3by a federal firearms manufacturer, federal firearms dealer, 
4or other federal licensee authorized to provide marketing 
5service in compliance with unserialized firearm serialization 
6process under subsection (e) of this Section; or by a federal 
7firearms importer or federal firearms manufacturer in 
8compliance with all federal laws and regulations regulating 
9the manufacture and import of firearms.
10 (e) Unserialized firearms shall be serialized in 
11compliance with all of the following:
12  (1) An unserialized firearm may be serialized by a 
13 federally licensed firearms dealer or other federal 
14 licensee authorized to provide marking services with the 
15 licensee's abbreviated federal firearms license number as 
16 a prefix (which is the first three and last five digits) 
17 followed by a hyphen, and then followed by a number as a 
18 suffix, e.g., "12345678-[number]". The serial number(s) 
19 must be placed in a manner that accords with the 
20 requirements under federal law for affixing serial numbers 
21 to firearms, including the requirements that the serial 
22 number(s) be at the minimum size and depth, and not 
23 susceptible of being readily obliterated, altered, or 
24 removed, and the licensee must retain records that accord 
25 with the requirements under federal law in the case of the 
26 sale of a firearm.
 
 
HB4757- 5 -LRB102 25210 RLC 34480 b


1  (2) Every federally licensed firearms dealer or other 
2 federal licensee that engraves, casts, stamps or otherwise 
3 conspicuously places a unique serial number pursuant to 
4 this section shall keep a record book and enter it at the 
5 time of every transaction involving the transfer of a 
6 firearm, rifle, shotgun, finished frame or receiver, or 
7 unfinished frame or receiver that has been so marked by 
8 the federal licensee, the date, name, age, and residence 
9 of any person to whom such item is transferred along with 
10 the unique serial number engraved, cast, stamped, or 
11 otherwise conspicuously placed thereon.
12  (3) Every federally licensed firearms dealer or other 
13 federal licensee that engraves, casts, stamps or otherwise 
14 conspicuously places a unique serial number pursuant to 
15 this section shall review and confirm the validity of the 
16 owner's Firearm Owner's Identification (FOID) Card issued 
17 under the Firearm Owners Identification Card Act prior to 
18 returning the firearm to the owner.
19  (4) A federally licensed firearm dealer or other 
20 federal licensee may charge a fee not to exceed $35 to 
21 engrave, cast, stamp or otherwise conspicuously place a 
22 unique serial number pursuant to this section.
23 (f) It is unlawful for a person to manufacture or 
24distribute a firearm using a three-dimensional printer when 
25the person does any one of the following:
26  (1) Uses a three-dimensional printer or similar device 
 
 
HB4757- 6 -LRB102 25210 RLC 34480 b


1 to manufacture or produce a firearm, firearm receiver, or 
2 major firearm component when not licensed as a federal 
3 firearm manufacturer.
4  (2) Distributes by any means, including the Internet, 
5 to a person who is not licensed as a manufacturer, 
6 instructions in the form of computer-aided design files or 
7 other code or instructions stored and displayed in 
8 electronic format as a digital model that may be used to 
9 program a three-dimensional printer to manufacture or 
10 produce a firearm, firearm receiver or major component of 
11 a firearm.
12 (g) The Director of the Illinois State Police shall issue 
13public notice regarding the provisions of this Section. Such 
14notice shall include posting on the Illinois State Police 
15website and may include written notification or any other 
16means of communication State-wide to all federal firearms 
17manufacturers, federal firearms dealers, or other federal 
18licensees authorized to provide marketing services in 
19compliance with the unserialized firearm serialization process 
20in subsection (e) in order to educate the public.
21 (h) Subsections (c) and (d) shall not apply to a firearm 
22that:
23  (1) has been rendered permanently inoperable;
24  (2) is an antique firearm, as defined in 18 U.S.C. 
25 Section 921(a)(16); or
26  (3) was manufactured prior to October 22, 1968.
 
 
HB4757- 7 -LRB102 25210 RLC 34480 b


1 (i) A person who violates the provisions of this Section 
2is guilty of a Class A misdemeanor for a first violation and is 
3guilty of a Class X felony for a second or subsequent 
4violation.