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ISP Issues Public Statement On "Ghost Guns"


Molly B.
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https://isp.illinois.gov/StaticFiles/docs/FSB/ghost guns notice (052322) (002).pdf

 

Public Notice
May 23, 2022
Public Act 102-0889, became effective when Governor Pritzker signed it on May 18, 2022. Section 24-5.1(g) of the Criminal Code of 2012 was amended regarding serialization of unfinished frames or receivers.” (720 ILCS 5/24-5.1).” The Act requires the Illinois State Police to issue this notice regarding its provisions. (720 ILCS 5/24-5.1(g)) Violations of the Act range from a Class A misdemeanor to a Class 2 felony. A copy of the legislation can be found at: Illinois General Assembly - Full Text of Public Act 102-0889 (ilga.gov).


1. Serial Numbers Mandatory - Any firearm or unfinished frame or receiver manufactured using a three-dimensional printer must be serialized no later than June 17, 2022, or prior to reaching a stage of manufacture where it may be readily completed, assembled, or converted to be a functional firearm.


2. Serialization Requirements –
a. The engraving, casting, stamping, or other permanent marking must be completed by a federally licensed firearms dealer or other federal licensee authorized to provide marking services;
b. The serial number shall be formatted with the licensee's abbreviated federal firearms license number as a prefix (which is the first 3 and last 5 digits) followed by a hyphen, and then followed by a number as a suffix, such as 12345678-(number); and
c. The serial number(s) must be imprinted on a steal plaque and placed in a manner that accords with the requirements under federal law for affixing serial numbers to firearms.


3. Federal Licensees Authorized to Provide Marking Services – any such licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number on a firearm or unfinished frame must:
a. At the time of the transaction, make a record of every sale or transfer of a firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver that has been so marked in compliance with federal guidelines;
b. Review and confirm the validity of the owner's Firearm Owner's Identification Card issued under the Firearm Owners Identification Card Act prior to returning the firearm to the owner;
c. Retain records that accord with the requirements under federal law in the case of the sale of a firearm indefinitely; and
d. make all records accessible for inspection upon the request of the Illinois State Police or a law enforcement agency in accordance with Section 5-35 of the Firearm Dealer License Certification Act to the extent they are subject to those provisions.


4. Exceptions – These provisions do not apply to an un-serialized unfinished frame, receiver, or firearm that:
a. has been rendered permanently inoperable;
b. is an antique firearm, as defined by federal law;
c. was manufactured prior to October 22, 1968;

d. is possessed by a bona fide supplier exclusively for transfer to a federal firearms manufacturer or federal firearms importer, or is possessed by a federal firearms manufacturer or federal firearms importer in compliance with all federal laws and regulations; or
e. is possessed by a person who received the firearm through inheritance, and is not otherwise prohibited from possessing the firearm, for a period not exceeding 30 days after inheriting the firearm.


5. Unlawful Conduct – it is unlawful for any person to knowingly:
a. Sell, offer to sell, or transfer un-serialized unfinished frames, receivers, or firearms, including those produced using a three-dimensional printer, unless the party purchasing or receiving the such firearm is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
b. Possess, transport, or receive an un-serialized unfinished frame, receivers, or firearms beginning November 14, 2022, unless:
i. the party possessing or receiving the unfinished frame, receiver, or firearm is a federal firearms importer or federal firearms manufacturer; or
ii. the unfinished frame or receiver is possessed or transported by a person for transfer to a federal firearms importer or federal firearms manufacturer.

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The serial number(s) must be imprinted on a steal plaque and placed in a manner that accords with the requirements under federal law for affixing serial numbers to firearms.

 

Nearly impossible to do with essentially all poly firearms, unless it's done during the early stages of the build as the ATF serilization requirements mandate it be serialized on a metal plate that is integrated with the polymer firearm whos removal would destory the firearm, aka the metal serial plate has to be imbedded into the polymer and become an integral part of the frame/receiver itself, not simply affixed.

 

These rules/laws need to be tossed by the courts, personally I don't think they even stand up to a legit basic scrutiny test.

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On 6/11/2022 at 2:42 AM, Flynn said:

... I don't think they even stand up to a legit basic scrutiny test.

 

Rational basis just requires that there be some reason, any reason, for the law. An unsubstantiated idealogical assertion counts as a reason. The intent, to paraphrase the Administrative Procedures Act, is to avoid laws that are arbitrary, capricious, and unreasonable. "Not physically possible" would probably count as unreasonable.

 

It makes me wonder how FFLs who now advertise serialization services think they can comply with the requirements. I suspect they intend simply to scribe a serial number in the plastic or to glue/melt a plate onto the frame.

 

If the law would be challenged, I also would expect the court found only that condition unreasonable, sever it from the rest of the law, and let the rest of the law stand. So inscribing plastic would be a "best effort" that complied with what remained.

 

Voiding the whole law is going to require a more comprehensive argument, but taking it apart piece by piece is a start.

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I think engraving the plate that's already embedded in a polymer frame can be done. I think getting that many characters to fit is the real dilemma. It would require 10 characters as long as the ffl did not do more than 9 guns. 10 would be a lot of characters. 11 or more? They're trying to make it impossible. I might try and mock it up on my cnc router but the trigger guard is so close to the plate on a PF940SC. 

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On 6/20/2022 at 2:45 PM, wdnshoots said:

I think engraving the plate that's already embedded in a polymer frame can be done. I think getting that many characters to fit is the real dilemma. It would require 10 characters as long as the ffl did not do more than 9 guns. 10 would be a lot of characters. 11 or more? They're trying to make it impossible. I might try and mock it up on my cnc router but the trigger guard is so close to the plate on a PF940SC. 

I guess they are gonna have to do like Ruger and engrave the whole owners manual on the side.

 

 

What I want to know is how they are going to define "unfinished" frame or receiver. Heck the the ATF does not even have a definition for that, its either a receiver or its not. Is a solid block of aluminum an "unfinished receiver"?. For all they know 80% AR lowers could just be parts for movie props/wall hangers/training props that just don't have the trigger area machined out yet.

 

 

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On 6/21/2022 at 1:52 PM, yurimodin said:

...

What I want to know is how they are going to define "unfinished" frame or receiver. ...

720 ILCS 5/24-5.1 said:

...

"Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that:

(1) has reached a stage in manufacture where it may readily be completed, assembled, or converted to be a functional firearm; or

(2) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

...

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