| 
 |  | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4550   Introduced , by Rep. Margaret Croke  SYNOPSIS AS INTRODUCED:
 |   |   |   Amends the Criminal Code of 2012. Increases from a Class A misdemeanor to a Class 4 felony the penalty for a first violation of the provisions that prohibit the knowing possession, transportation, purchase, or receipt of an unfinished frame or receiver of a firearm 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.  |  | 
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 |  | HB4550 |  | LRB103 36526 RLC 66632 b |  
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| 1 |  |  AN ACT concerning criminal law.
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| 2 |  |  Be it enacted by the People of the State of Illinois,  | 
| 3 |  | represented in the General Assembly:
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| 4 |  |  Section 5. The Criminal Code of 2012 is amended by  | 
| 5 |  | changing Section 24-5.1 as follows:
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| 6 |  |  (720 ILCS 5/24-5.1) | 
| 7 |  |  Sec. 24-5.1. Serialization of unfinished frames or  | 
| 8 |  | receivers; prohibition on unserialized firearms; exceptions;  | 
| 9 |  | penalties. | 
| 10 |  |  (a) In this Section: | 
| 11 |  |  "Bona fide supplier" means an established business entity  | 
| 12 |  | engaged in the development and sale of firearms parts to one or  | 
| 13 |  | more federal firearms manufacturers or federal firearms  | 
| 14 |  | importers.  | 
| 15 |  |  "Federal firearms dealer" means a licensed manufacturer  | 
| 16 |  | pursuant to 18 U.S.C. 921(a)(11). | 
| 17 |  |  "Federal firearms importer" means a licensed importer  | 
| 18 |  | pursuant to 18 U.S.C. 921(a)(9). | 
| 19 |  |  "Federal firearms manufacturer" means a licensed  | 
| 20 |  | manufacturer pursuant to 18 U.S.C. 921(a)(10). | 
| 21 |  |  "Frame or receiver" means a part of a firearm that, when  | 
| 22 |  | the complete weapon is assembled, is visible from the exterior  | 
| 23 |  | and provides housing or a structure designed to hold or  | 
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| 1 |  | integrate one or more fire control components, even if pins or  | 
| 2 |  | other attachments are required to connect those components to  | 
| 3 |  | the housing or structure. For models of firearms in which  | 
| 4 |  | multiple parts provide such housing or structure, the part or  | 
| 5 |  | parts that the Director of the federal Bureau of Alcohol,  | 
| 6 |  | Tobacco, Firearms and Explosives has determined are a frame or  | 
| 7 |  | receiver constitute the frame or receiver. For purposes of  | 
| 8 |  | this definition, "fire control component" means a component  | 
| 9 |  | necessary for the firearm to initiate, complete, or continue  | 
| 10 |  | the firing sequence, including any of the following: hammer,  | 
| 11 |  | bolt, bolt carrier, breechblock, cylinder, trigger mechanism,  | 
| 12 |  | firing pin, striker, or slide rails. | 
| 13 |  |  "Security exemplar" means an object to be fabricated at  | 
| 14 |  | the direction of the United States Attorney General that is  | 
| 15 |  | (1) constructed of 3.7 ounces of material type 17-4 PH  | 
| 16 |  | stainless steel in a shape resembling a handgun and (2)  | 
| 17 |  | suitable for testing and calibrating metal detectors.  | 
| 18 |  |  "Three-dimensional printer" means a computer or  | 
| 19 |  | computer-drive machine capable of producing a  | 
| 20 |  | three-dimensional object from a digital model. | 
| 21 |  |  "Undetectable firearm" means (1) a firearm constructed  | 
| 22 |  | entirely of non-metal substances; (2) a firearm that, after  | 
| 23 |  | removal of all parts but the major components of the firearm,  | 
| 24 |  | is not detectable by walk-through metal detectors calibrated  | 
| 25 |  | and operated to detect the security exemplar; or (3) a firearm  | 
| 26 |  | that includes a major component of a firearm, which, if  | 
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| 1 |  | subject to the types of detection devices commonly used at  | 
| 2 |  | airports for security screening, would not generate an image  | 
| 3 |  | that accurately depicts the shape of the component.  | 
| 4 |  | "Undetectable firearm" does not include a firearm subject to  | 
| 5 |  | the provisions of 18 U.S.C. 922(p)(3) through (6).  | 
| 6 |  |  "Unfinished frame or receiver" means any forging, casting,  | 
| 7 |  | printing, extrusion, machined body, or similar article that: | 
| 8 |  |   (1) has reached a stage in manufacture where it may  | 
| 9 |  |  readily be completed, assembled, or converted to be a  | 
| 10 |  |  functional firearm; or | 
| 11 |  |   (2) is marketed or sold to the public to become or be  | 
| 12 |  |  used as the frame or receiver of a functional firearm once  | 
| 13 |  |  completed, assembled, or converted. | 
| 14 |  |  "Unserialized" means lacking a serial number imprinted by: | 
| 15 |  |   (1) a federal firearms manufacturer, federal firearms  | 
| 16 |  |  importer, federal firearms dealer, or other federal  | 
| 17 |  |  licensee authorized to provide marking services, pursuant  | 
| 18 |  |  to a requirement under federal law; or | 
| 19 |  |   (2) a federal firearms dealer or other federal  | 
| 20 |  |  licensee authorized to provide marking services pursuant  | 
| 21 |  |  to subsection (f) of this Section.  | 
| 22 |  |  (b) It is unlawful for any person to knowingly sell, offer  | 
| 23 |  | to sell, or transfer an unserialized unfinished frame or  | 
| 24 |  | receiver or unserialized firearm, including those produced  | 
| 25 |  | using a three-dimensional printer, unless the party purchasing  | 
| 26 |  | or receiving the unfinished frame or receiver or unserialized  | 
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| 1 |  | firearm is a federal firearms importer, federal firearms  | 
| 2 |  | manufacturer, or federal firearms dealer. | 
| 3 |  |  (c) Beginning 180 days after the effective date of this  | 
| 4 |  | amendatory Act of the 102nd General Assembly, it is unlawful  | 
| 5 |  | for any person to knowingly possess, transport, or receive an  | 
| 6 |  | unfinished frame or receiver, unless: | 
| 7 |  |   (1) the party possessing or receiving the unfinished  | 
| 8 |  |  frame or receiver is a federal firearms importer or  | 
| 9 |  |  federal firearms manufacturer; | 
| 10 |  |   (2) the unfinished frame or receiver is possessed or  | 
| 11 |  |  transported by a person for transfer to a federal firearms  | 
| 12 |  |  importer or federal firearms manufacturer; or | 
| 13 |  |   (3) the unfinished frame or receiver has been  | 
| 14 |  |  imprinted with a serial number issued by a federal  | 
| 15 |  |  firearms importer or federal firearms manufacturer in  | 
| 16 |  |  compliance with subsection (f) of this Section.  | 
| 17 |  |  (d) Beginning 180 days after the effective date of this  | 
| 18 |  | amendatory Act of the 102nd General Assembly, unless the party  | 
| 19 |  | receiving the firearm is a federal firearms importer or  | 
| 20 |  | federal firearms manufacturer, it is unlawful for any person  | 
| 21 |  | to knowingly possess, purchase, transport, or receive a  | 
| 22 |  | firearm that is not imprinted with a serial number by (1) a  | 
| 23 |  | federal firearms importer or federal firearms manufacturer in  | 
| 24 |  | compliance with all federal laws and regulations regulating  | 
| 25 |  | the manufacture and import of firearms or (2) a federal  | 
| 26 |  | firearms manufacturer, federal firearms dealer, or other  | 
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| 1 |  | federal licensee authorized to provide marking services in  | 
| 2 |  | compliance with the unserialized firearm serialization process  | 
| 3 |  | under subsection (f) of this Section.  | 
| 4 |  |  (e) Any firearm or unfinished frame or receiver  | 
| 5 |  | manufactured using a three-dimensional printer must also be  | 
| 6 |  | serialized in accordance with the requirements of subsection  | 
| 7 |  | (f) within 30 days after the effective date of this amendatory  | 
| 8 |  | Act of the 102nd General Assembly, or prior to reaching a stage  | 
| 9 |  | of manufacture where it may be readily completed, assembled,  | 
| 10 |  | or converted to be a functional firearm. | 
| 11 |  |  (f) Unserialized unfinished frames or receivers and  | 
| 12 |  | unserialized firearms serialized pursuant to this Section  | 
| 13 |  | shall be serialized in compliance with all of the following: | 
| 14 |  |   (1) An unserialized unfinished frame or receiver and  | 
| 15 |  |  unserialized firearm shall be serialized by a federally  | 
| 16 |  |  licensed firearms dealer or other federal licensee  | 
| 17 |  |  authorized to provide marking services with the licensee's  | 
| 18 |  |  abbreviated federal firearms license number as a prefix  | 
| 19 |  |  (which is the first 3 and last 5 digits) followed by a  | 
| 20 |  |  hyphen, and then followed by a number as a suffix, such as  | 
| 21 |  |  12345678-(number). The serial number or numbers must be  | 
| 22 |  |  placed in a manner that accords with the requirements  | 
| 23 |  |  under federal law for affixing serial numbers to firearms,  | 
| 24 |  |  including the requirements that the serial number or  | 
| 25 |  |  numbers be at the minimum size and depth, and not  | 
| 26 |  |  susceptible to being readily obliterated, altered, or  | 
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| 1 |  |  removed, and the licensee must retain records that accord  | 
| 2 |  |  with the requirements under federal law in the case of the  | 
| 3 |  |  sale of a firearm. The imprinting of any serial number  | 
| 4 |  |  upon a undetectable firearm must be done on a steel plaque  | 
| 5 |  |  in compliance with 18 U.S.C. 922(p). | 
| 6 |  |   (2) Every federally licensed firearms dealer or other  | 
| 7 |  |  federal licensee that engraves, casts, stamps, or  | 
| 8 |  |  otherwise conspicuously and permanently places a unique  | 
| 9 |  |  serial number pursuant to this Section shall maintain a  | 
| 10 |  |  record of such indefinitely. Licensees subject to the  | 
| 11 |  |  Firearm Dealer License Certification Act shall make all  | 
| 12 |  |  records accessible for inspection upon the request of the  | 
| 13 |  |  Illinois State Police or a law enforcement agency in  | 
| 14 |  |  accordance with Section 5-35 of the Firearm Dealer License  | 
| 15 |  |  Certification Act. | 
| 16 |  |   (3) Every federally licensed firearms dealer or other  | 
| 17 |  |  federal licensee that engraves, casts, stamps, or  | 
| 18 |  |  otherwise conspicuously and permanently places a unique  | 
| 19 |  |  serial number pursuant to this Section shall record it at  | 
| 20 |  |  the time of every transaction involving the transfer of a  | 
| 21 |  |  firearm, rifle, shotgun, finished frame or receiver, or  | 
| 22 |  |  unfinished frame or receiver that has been so marked in  | 
| 23 |  |  compliance with the federal guidelines set forth in 27 CFR  | 
| 24 |  |  478.124. | 
| 25 |  |   (4) 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 review and  | 
| 3 |  |  confirm the validity of the owner's Firearm Owner's  | 
| 4 |  |  Identification Card issued under the Firearm Owners  | 
| 5 |  |  Identification Card Act prior to returning the firearm to  | 
| 6 |  |  the owner. | 
| 7 |  |  (g) Within 30 days after the effective date of this  | 
| 8 |  | amendatory Act of the 102nd General Assembly, the Director of  | 
| 9 |  | the Illinois State Police shall issue a public notice  | 
| 10 |  | regarding the provisions of this Section. The notice shall  | 
| 11 |  | include posting on the Illinois State Police website and may  | 
| 12 |  | include written notification or any other means of  | 
| 13 |  | communication statewide to all Illinois-based federal firearms  | 
| 14 |  | manufacturers, federal firearms dealers, or other federal  | 
| 15 |  | licensees authorized to provide marking services in compliance  | 
| 16 |  | with the serialization process in subsection (f) in order to  | 
| 17 |  | educate the public. | 
| 18 |  |  (h) Exceptions. This Section does not apply to an  | 
| 19 |  | unserialized unfinished frame or receiver or an unserialized  | 
| 20 |  | firearm that: | 
| 21 |  |   (1) has been rendered permanently inoperable; | 
| 22 |  |   (2) is an antique firearm, as defined in 18 U.S.C.  | 
| 23 |  |  921(a)(16); | 
| 24 |  |   (3) was manufactured prior to October 22, 1968; | 
| 25 |  |   (4) is an unfinished frame or receiver and is  | 
| 26 |  |  possessed by a bona fide supplier exclusively for transfer  |