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Full Text of SB3909
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SB3909 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3909
Introduced 2/6/2026, by Sen. Cristina Castro
SYNOPSIS AS INTRODUCED:
30 ILCS 500/Art. 43 heading new
30 ILCS 500/43-5 new
30 ILCS 500/43-10 new
Amends the Illinois Procurement Code. Creates requirements for
bidders or offerors seeking the award of a contract with a State agency for
the procurement of firearms, firearm ammunition, or firearm accessories
and contractors who are awarded those contracts. Effective immediately.
LRB104 17227 HLH 30648 b
A BILL FOR
SB3909
LRB104 17227 HLH 30648 b
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AN ACT concerning finance.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
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Section 5.
The Illinois Procurement Code is amended by
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adding Article 43 as follows:
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(30 ILCS 500/Art. 43 heading new)
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ARTICLE 43.
FIREARMS AND AMMUNITION
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(30 ILCS 500/43-5 new)
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Sec. 43-5.
Definition.
As used in this Article:
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"Firearm" has the same meaning as defined in Section 1.1
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of the Firearm Owners Identification Card Act.
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"Firearm accessory" means a supplementary item designed to
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enhance a firearm's functionality, performance, or user
14
experience or to modify a firearm or external gear used in
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conjunction with a firearm, including, but not limited to, the
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following: sights and optics; holsters; magazines; grips;
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slings; muzzle devices; suppressors; compensators; flash
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hiders; bipods; trigger upgrades and conversion devices;
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cleaning kits; and ammunition carriers.
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"Firearm ammunition" has the same meaning as defined in
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Section 1.1 of the Firearm Owners Identification Card Act.
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"Firearm precursor part" means any forging, casting,
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printing, extrusion, machined body, or similar object that has
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reached a stage in manufacture where it may readily be
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completed, assembled, or converted to be used as a firearm
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frame or receiver or that is marketed or sold to the public to
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become or be used as a firearm frame or receiver once
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completed, assembled, or converted.
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(30 ILCS 500/43-10 new)
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Sec. 43-10.
Bidder, offeror, and contractor requirements;
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firearms.
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(a) In the case of a contract to supply a State agency with
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firearms, firearm ammunition, or firearm accessories, the
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bidder or offeror shall certify, before the contract is
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awarded, renewed, amended, or extended, that the bidder or
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offeror does not sell unserialized gun build kits or firearm
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precursor parts, including, but not limited to, unserialized
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firearms, unserialized unfinished frames, and unserialized
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unfinished receivers.
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(b) A bidder or offeror seeking the award of a contract
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with a State agency for the procurement of firearms, firearm
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ammunition, or firearm accessories and a contractor who is
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awarded such a contract shall, during the public procurement
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process, on an annual basis, and upon request of the State
23
agency, provide to the State agency:
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(1) a copy of all required valid licenses, permits, or
25
certificates;
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(2) materials documenting the number of trace requests
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the bidder, offeror, or contractor received from the
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federal Bureau of Alcohol, Tobacco, Firearms, and
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Explosives during the previous 5 calendar years and the
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time between the sale of a firearm subject to a trace
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request and the receipt of the request; if a bidder or
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offeror for a contract with a State agency for the
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procurement of firearms, firearm ammunition, or firearm
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accessories or a party to such a contract is unable to
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provide sufficient materials under this item (2), the
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bidder, offeror, or contractor must provide to the State
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agency a declaration explaining why it is unable to do so
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and the steps it is taking to be able to do so within a
14
year;
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(3) materials documenting any thefts or losses of
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firearms, firearm ammunition, or firearm accessories from
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the bidder's, offeror's, or contractor's premises for the
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past 5 calendar years; if a bidder, offeror, or contractor
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is unable to provide sufficient materials under this item
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(3), then the bidder, offeror, or contractor must provide
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to the State agency a declaration explaining why it is
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unable to do so;
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(4) copies of the 2 most recent inspection reports of
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any inspection conducted by a federal, State, or local
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agency focused on compliance with firearm or firearm
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ammunition laws, including, but not limited to, any
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follow-up materials documenting administrative actions
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taken by that agency;
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(5) materials documenting any corrective actions taken
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by the bidder, offeror, or contractor in response to a
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finding of noncompliance or a violation of any federal,
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State, or local firearm, firearm ammunition, or firearm
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accessory law, rule, or other requirement, if applicable;
8
and
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(6) an affirmation of compliance with all applicable
10
local, State, and federal laws related to the sale or
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transfer of firearms, firearm ammunition, and firearms
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accessories.
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(c) A bidder or offeror seeking the award of a contract
14
with a State agency for the procurement of firearms, firearm
15
ammunition, or firearm accessories and a contractor who is
16
awarded such a contract shall also, during the public
17
procurement process, on an annual basis, and upon request of
18
the State agency, provide to the State agency, in writing, any
19
practices or policies, including, but not limited to, any
20
amendments to those practices or policies made during the
21
public procurement process, that are in effect or adopted by
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the bidder, offeror, or contractor, or required by any
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contract term that:
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(1) prevent, detect, and screen for the transfer of
25
firearms, firearm ammunition, or firearm accessories to
26
straw purchasers or to firearm traffickers;
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(2) prevent, detect, and screen against the sale of
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firearms, firearm ammunition, or firearm accessories to an
3
individual prohibited from possessing a firearm by
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federal, State, or local law, or court order;
5
(3) prevent, detect, and document the theft or loss of
6
firearms, firearm ammunition, or firearm accessories;
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(4) train employees to ensure compliance with all
8
applicable federal, State, and local firearms, firearm
9
ammunition, and firearm accessories laws and rules;
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(5) assist law enforcement agencies in the
11
investigation and prevention of criminal access to
12
firearms, firearm ammunition, or firearm accessories; and
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(6) operate a digital video surveillance system, as
14
described in the Firearm Dealer License Certification Act.
15
(d) Each State agency shall fully review, consider, and
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score all information and documentation supplied by bidders,
17
offerors, and contractors under this Section as one factor in
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the bidding and award process.
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(e) A State agency shall reject a bid from a bidder or
20
offeror if the bidder or offeror has not complied with the
21
provisions of this Section.
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(f) A State agency shall not waive any of the requirements
23
of this Section or make exigent or emergency purchases of
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firearms, firearm ammunition, or firearm accessories.
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(g) The Office of the Attorney General shall develop
26
processes and procedures to implement this Section, which
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shall include, but may not be limited to, a process to
2
administer and assess a bidder's, offeror's, or contractor's
3
compliance with the requirements of this Section as part of
4
contract awards and renewals.
5
(h) The processes and procedures developed pursuant to
6
this Section may include:
7
(1) a prequalification process to preapprove potential
8
bidder or offerors; and
9
(2) a scoring system to be used in contracting or
10
purchasing that evaluates a bidder's, offeror's, or
11
contractor's public safety values relating to firearms,
12
firearm ammunition, and firearm accessories.
13
(i) This Section applies to any contract for the
14
procurement of firearms, firearm ammunition, or firearm
15
accessories that a State agency solicits, enters into, awards,
16
amends, renews, or extends on or after the effective date of
17
this amendatory Act of the 104th General Assembly.
18
Section 99.
Effective date.
This Act takes effect upon
19
becoming law.
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