Sen. Jacqueline Y. Collins
Filed: 4/5/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 4383




2 AMENDMENT NO. ______. Amend House Bill 4383 by replacing 
3everything after the enacting clause with the following:


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. Serialization of unfinished frames or 
8receivers; prohibition on unserialized firearms; exceptions; 
9penalties.
10 (a) In this Section:
11 "Bona fide supplier" means an established business entity 
12engaged in the development and sale of firearms parts to one or 
13more federal firearms manufacturers or federal firearms 
14importers. 
15 "Federal firearms dealer" means a licensed manufacturer 
16pursuant to 18 U.S.C. 921(a)(11).
 
 
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1 "Federal firearms importer" means a licensed importer 
2pursuant to 18 U.S.C. 921(a)(9).
3 "Federal firearms manufacturer" means a licensed 
4manufacturer pursuant to 18 U.S.C. 921(a)(10).
5 "Frame or receiver" means a part of a firearm that, when 
6the complete weapon is assembled, is visible from the exterior 
7and provides housing or a structure designed to hold or 
8integrate one or more fire control components, even if pins or 
9other attachments are required to connect those components to 
10the housing or structure. For models of firearms in which 
11multiple parts provide such housing or structure, the part or 
12parts that the Director of the federal Bureau of Alcohol, 
13Tobacco, Firearms and Explosives has determined are a frame or 
14receiver constitute the frame or receiver. For purposes of 
15this definition, "fire control component" means a component 
16necessary for the firearm to initiate, complete, or continue 
17the firing sequence, including any of the following: hammer, 
18bolt, bolt carrier, breechblock, cylinder, trigger mechanism, 
19firing pin, striker, or slide rails.
20 "Three-dimensional printer" means a computer or 
21computer-drive machine capable of producing a 
22three-dimensional object from a digital model.
23 "Unfinished frame or receiver" means any forging, casting, 
24printing, extrusion, machined body, or similar article that:
25  (1) has reached a stage in manufacture where it may 
26 readily be completed, assembled, or converted to be a 
 
 
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1 functional firearm; or
2  (2) is marketed or sold to the public to become or be 
3 used as the frame or receiver of a functional firearm once 
4 completed, assembled, or converted.
5 (b) Beginning 180 days after the effective date of this 
6amendatory Act of the 102nd General Assembly, it is unlawful 
7for any person to knowingly sell, offer to sell, or transfer an 
8unserialized unfinished frame or receiver or unserialized 
9firearm, including those produced using a three-dimensional 
10printer, unless the party purchasing or receiving the 
11unfinished frame or receiver or unserialized firearm is a 
12federal firearms importer, federal firearms manufacturer, or 
13federal firearms dealer.
14 (c) Any person who possesses or comes into possession of 
15an unserialized unfinished frame or receiver or an 
16unserialized firearm shall, within 30 days after the effective 
17date of this amendatory Act of the 102nd General Assembly or 
18within 30 days after taking possession, ensure that the 
19unserialized unfinished frame or receiver or the unserialized 
20firearm is imprinted with a serial number by:
21  (1) a federal firearms manufacturer, federal firearms 
22 dealer, or other federal licensee authorized to provide 
23 marking service in compliance with the unserialized 
24 firearm serialization process under subsection (e) of this 
25 Section; or
26  (2) a federal firearms importer or federal firearms 
 
 
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1 manufacturer in compliance with all federal laws and 
2 regulations regulating the manufacture and import of 
3 firearms.
4 (d) Any firearm or unfinished frame or receiver 
5manufactured using a three-dimensional printer must also be 
6serialized in accordance with the requirements of subsection 
7(e) within 30 days after the effective date of this amendatory 
8Act of the 102nd General Assembly, or prior to reaching a stage 
9of manufacture where it may be readily completed, assembled, 
10or converted to be a functional firearm.
11 (e) Unserialized unfinished frames or receivers and 
12unserialized firearms serialized pursuant to this Section 
13shall 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 of 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 must be done on a steel plaque in compliance with 18 U.S.C. 
5 922(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 (f) The Director of the Illinois State Police shall issue 
8a public notice regarding the provisions of this Section. The 
9notice shall include posting on the Illinois State Police 
10website and may include written notification or any other 
11means of communication statewide to all Illinois-based federal 
12firearms manufacturers, federal firearms dealers, or other 
13federal licensees authorized to provide marking services in 
14compliance with the serialization process in subsection (e) in 
15order to educate the public.
16 (g) Exceptions. This Section does not apply to an 
17unserialized unfinished frame or receiver or an unserialized 
18firearm that:
19  (1) has been rendered permanently inoperable;
20  (2) is an antique firearm, as defined in 18 U.S.C. 
21 921(a)(16);
22  (3) was manufactured prior to October 22, 1968; or
23  (4) is an unfinished frame or receiver and is 
24 possessed by a bona fide supplier exclusively for transfer 
25 to a federal firearms manufacturer or federal firearms 
26 importer, or is possessed by a federal firearms 
 
 
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1 manufacturer or federal firearms importer in compliance 
2 with all federal laws and regulations regulating the 
3 manufacture and import of firearms; except this exemption 
4 does not apply if an unfinished frame or receiver is 
5 possessed for transfer or is transferred to a person other 
6 than a federal firearms manufacturer or federal firearms 
7 importer. 
8 (h) Penalties.
9  (1) A person who violates subsection (c) is guilty of 
10 a Class A misdemeanor for a first violation and is guilty 
11 of a Class 3 felony for a second or subsequent violation.
12  (2) A person who violates subsection (b) is guilty of 
13 a Class 4 felony for a first violation and is guilty of a 
14 Class 2 felony for a second or subsequent violation.".