HB 40

Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties. Creates a Class 5 felony for any person who knowingly manufactures or assembles, causes to be manufactured or assembled, imports, purchases, sells, offers for sale, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening. The bill updates language regarding the types of detection devices that are used at such locations for detecting plastic firearms. Under current law, it is unlawful to manufacture, import, sell, transfer, or possess any plastic firearm, and a violation is punishable as a Class 5 felony. The bill also creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, for any person who knowingly possesses a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number or who knowingly imports, purchases, sells, offers for sale, or transfers ownership of any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver (i) is deemed to be a firearm pursuant to federal law and (ii) is imprinted with a valid serial number. The bill creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, for any person who manufactures or assembles, causes to be manufactured or assembled, imports, purchases, sells, offers for sale, or transfers ownership of any firearm that is not imprinted with a valid serial number. The provisions of the bill prohibiting unfinished frames or receivers and unserialized firearms have a delayed effective date of January 1, 2027, and the provisions of the bill prohibiting the knowing possession of a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number have a delayed effective date of July 1, 2027.