102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5731
 
Introduced , by Rep. Kambium Buckner
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/24-5.1 new

 Amends the Criminal Code of 2012. Provides that 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 or the unfinished frame or receiver is possessed or transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or (2) the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer. Provides that it is unlawful for any person to knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver, unless: (1) the party purchasing or receiving the unfinished frame or receiver is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer; or (2) the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer. Provides for various violations concerning using a three-dimensional printer or similar device to manufacture or produce a firearm, firearm receiver, or major firearm component when not licensed as a federal firearms manufacturer or distributing by any means, including the Internet, to a person who is not licensed as a manufacturer, instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a three-dimensional printer to manufacture or produce a firearm, firearm receiver or major component of a firearm. Provides exceptions. Provides that a first violation is a Class A misdemeanor and that a second or subsequent violation is a Class 3 felony. Adds a severability provision. Effective immediately. 



LRB102 26674 RLC 37479 b


 
 
A BILL FOR
 


HB5731LRB102 26674 RLC 37479 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 sale, transfer, purchase, 
8or possession of unfinished frames or receivers and 
9unserialized 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. 921(a)(11).
13  "Federal firearms importer" means a licensed importer 
14 pursuant to 18 U.S.C. 921(a)(9).
15  "Federal firearms manufacturer" means a licensed 
16 manufacturer pursuant to 18 U.S.C. 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 
 
 
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1 or structure, the part or parts that the Director of the 
2 federal Bureau of Alcohol, Tobacco, Firearms and 
3 Explosives has determined are a frame or receiver 
4 constitute the frame or receiver.
For purposes of this 
5 definition, "fire control component" means a component 
6 necessary for the firearm to initiate, complete, or 
7 continue the firing sequence, including any of the 
8 following: hammer, bolt, bolt carrier, breechblock, 
9 cylinder, trigger mechanism, firing pin, striker, or slide 
10 rails.
11  "Three-dimensional printer" means a computer or 
12 computer-drive machine capable of producing a 
13 three-dimensional object from a digital model.
14  "Unfinished frame or receiver" means any forging, 
15 casting, printing, extrusion, machined body, or similar 
16 article that:
17   (1) has reached a stage in manufacture where it 
18 may readily be completed, assembled, or converted to 
19 be a functional; or
20   (2) is marketed or sold to the public to become or 
21 be used as the frame or receiver of a functional 
22 firearm once completed, assembled, or converted.
23 (b) Beginning 180 days after the effective date of this 
24amendatory Act of the 102nd General Assembly, it is unlawful 
25for any person to knowingly possess, transport, or receive an 
26unfinished frame or receiver, unless:
 
 
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1    (A) the party possessing or receiving the 
2 unfinished frame or receiver is a federal firearms 
3 importer or federal firearms manufacturer;
4    (B) the unfinished frame or receiver is 
5 possessed or transported by a person for transfer 
6 to a federal firearms importer or federal firearms 
7 manufacturer; or
8    (C) the unfinished frame or receiver is 
9 required by federal law to be, and has been, 
10 imprinted with a serial number issued by a federal 
11 firearms importer or federal firearms 
12 manufacturer.
13 (c) It is unlawful for any person to knowingly sell, offer 
14to sell, transfer, or purchase an unfinished frame or 
15receiver, unless:
16  (1) the party purchasing or receiving the unfinished 
17 frame or receiver is a federal firearms importer, federal 
18 firearms manufacturer, or federal firearms dealer; or
19  (2) the unfinished frame or receiver is required by 
20 federal law to be, and has been, imprinted with a serial 
21 number issued by a federal firearms importer or federal 
22 firearms manufacturer.
23 (d) Beginning one year after the effective date of this 
24amendatory Act of the 102nd General Assembly, unless the party 
25receiving the firearm is a law enforcement agency, federal 
26firearms importer, or federal firearms manufacturer, it is 
 
 
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1unlawful for any person to knowingly possess, purchase, 
2transport, or receive a firearm that is not imprinted with a 
3serial number by:
4  (1) a federal firearms importer or federal firearms 
5 manufacturer in compliance with all federal laws and 
6 regulations regulating the manufacture and import of 
7 firearms; or
8  (2) a federal firearms manufacturer, federal firearms 
9 dealer, or other federal licensee authorized to provide 
10 marketing services in compliance with the unserialized 
11 firearm serialization process under subsection (f) of this 
12 Section.
13 (e) Unless the party selling and the party receiving or 
14purchasing the firearm is a law enforcement agency, federal 
15firearms importer, or federal firearms manufacturer, it is 
16unlawful for any person to knowingly sell, offer to sell, or 
17transfer a firearm that is not imprinted with a serial number: 
18by a federal firearms manufacturer, federal firearms dealer, 
19or other federal licensee authorized to provide marketing 
20service in compliance with unserialized firearm serialization 
21process under subsection (f) of this Section; or by a federal 
22firearms importer or federal firearms manufacturer in 
23compliance with all federal laws and regulations regulating 
24the manufacture and import of firearms.
25 (f) Unserialized firearms shall be serialized in 
26compliance with all of the following:
 
 
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1  (1) An unserialized firearm may be serialized by a 
2 federally licensed firearms dealer or other federal 
3 licensee authorized to provide marking services with the 
4 licensee's abbreviated federal firearms license number as 
5 a prefix (which is the first 3 and last 5 digits) followed 
6 by a hyphen, and then followed by a number as a suffix, 
7 such as 12345678-(number). The serial number or numbers 
8 must be placed in a manner that accords with the 
9 requirements under federal law for affixing serial numbers 
10 to firearms, including the requirements that the serial 
11 number or numbers be at the minimum size and depth, and not 
12 susceptible of being readily obliterated, altered, or 
13 removed, and the licensee must retain records that accord 
14 with the requirements under federal law in the case of the 
15 sale of a firearm. The imprinting of any serial number 
16 must be done on a steel plaque in compliance with 18 U.S.C. 
17 922(p).
18  (2) 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 keep a record 
22 book and enter in it at the time of every transaction 
23 involving the transfer of a firearm, rifle, shotgun, 
24 finished frame or receiver, or unfinished frame or 
25 receiver that has been so marked by the federal licensee, 
26 the date, name, age, and residence of any person to whom 
 
 
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1 such item is transferred along with the unique serial 
2 number engraved, cast, stamped, or otherwise conspicuously 
3 and permanently placed thereon.
4  (3) Every federally licensed firearms dealer or other 
5 federal licensee that engraves, casts, stamps, or 
6 otherwise conspicuously and permanently places a unique 
7 serial number pursuant to this Section shall review and 
8 confirm the validity of the owner's Firearm Owner's 
9 Identification Card issued under the Firearm Owners 
10 Identification Card Act prior to returning the firearm to 
11 the owner.
12  (4) A federally licensed firearms dealer or other 
13 federal licensee may charge a fee not to exceed $35 to 
14 engrave, cast, stamp, or otherwise conspicuously and 
15 permanently place a unique serial number pursuant to this 
16 Section.
17 (g) It is unlawful when a person does any one of the 
18following:
19  (1) uses a three-dimensional printer or similar device 
20 to manufacture or produce a firearm, firearm receiver, or 
21 major firearm component when not licensed as a federal 
22 firearm manufacturer; or
23  (2) distributes by any means, including the Internet, 
24 to a person who is not licensed as a manufacturer, 
25 instructions in the form of computer-aided design files or 
26 other code or instructions stored and displayed in 
 
 
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1 electronic format as a digital model that may be used to 
2 program a three-dimensional printer to manufacture or 
3 produce a firearm, firearm receiver, or major component of 
4 a firearm.
5 This subsection does not apply to the manufacture or 
6production of a major component of a firearm for transfer to a 
7federal firearms manufacturer or to instructions that may be 
8used to program a three-dimensional printer to manufacture or 
9produce a major component of a firearm for and on behalf of a 
10federal firearms manufacturer. 
11 (h) Within 180 days after the effective date of this 
12amendatory Act of the 102nd General Assembly, the Director of 
13the Illinois State Police shall issue public notice regarding 
14the provisions of this Section. The notice shall include 
15posting on the Illinois State Police website and may include 
16written notification or any other means of statewide 
17communication to all federal firearms manufacturers, federal 
18firearms dealers, or other federal licensees authorized to 
19provide marketing services in compliance with the unserialized 
20firearm serialization process in subsection (f) in order to 
21educate the public.
22 (i) Subsections (d) and (e) do not apply to a firearm that:
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.
 
 
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1 (j) A person who violates this Section is guilty of a Class 
2A misdemeanor for a first violation and is guilty of a Class 3 
3felony for a second or subsequent violation.


4 Section 97. Severability. The provisions of this Act are 
5severable under Section 1.31 of the Statute on Statutes.