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.


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A BILL FOR

 

SB3909LRB104 17227 HLH 30648 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5adding Article 43 as follows:
 
6    (30 ILCS 500/Art. 43 heading new)
7
ARTICLE 43. FIREARMS AND AMMUNITION

 
8    (30 ILCS 500/43-5 new)
9    Sec. 43-5. Definition. As used in this Article:
10    "Firearm" has the same meaning as defined in Section 1.1
11of the Firearm Owners Identification Card Act.    
12    "Firearm accessory" means a supplementary item designed to
13enhance a firearm's functionality, performance, or user
14experience or to modify a firearm or external gear used in
15conjunction with a firearm, including, but not limited to, the
16following: sights and optics; holsters; magazines; grips;
17slings; muzzle devices; suppressors; compensators; flash
18hiders; bipods; trigger upgrades and conversion devices;
19cleaning kits; and ammunition carriers.    
20    "Firearm ammunition" has the same meaning as defined in
21Section 1.1 of the Firearm Owners Identification Card Act.    
22    "Firearm precursor part" means any forging, casting,

 

 

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1printing, extrusion, machined body, or similar object that has
2reached a stage in manufacture where it may readily be
3completed, assembled, or converted to be used as a firearm
4frame or receiver or that is marketed or sold to the public to
5become or be used as a firearm frame or receiver once
6completed, assembled, or converted.    
 
7    (30 ILCS 500/43-10 new)
8    Sec. 43-10. Bidder, offeror, and contractor requirements;
9firearms.
10    (a) In the case of a contract to supply a State agency with
11firearms, firearm ammunition, or firearm accessories, the
12bidder or offeror shall certify, before the contract is
13awarded, renewed, amended, or extended, that the bidder or
14offeror does not sell unserialized gun build kits or firearm
15precursor parts, including, but not limited to, unserialized
16firearms, unserialized unfinished frames, and unserialized
17unfinished receivers.    
18    (b) A bidder or offeror seeking the award of a contract
19with a State agency for the procurement of firearms, firearm
20ammunition, or firearm accessories and a contractor who is
21awarded such a contract shall, during the public procurement
22process, on an annual basis, and upon request of the State
23agency, provide to the State agency:    
24        (1) a copy of all required valid licenses, permits, or
25    certificates;    

 

 

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1        (2) materials documenting the number of trace requests
2    the bidder, offeror, or contractor received from the
3    federal Bureau of Alcohol, Tobacco, Firearms, and
4    Explosives during the previous 5 calendar years and the
5    time between the sale of a firearm subject to a trace
6    request and the receipt of the request; if a bidder or
7    offeror for a contract with a State agency for the
8    procurement of firearms, firearm ammunition, or firearm
9    accessories or a party to such a contract is unable to
10    provide sufficient materials under this item (2), the
11    bidder, offeror, or contractor must provide to the State
12    agency a declaration explaining why it is unable to do so
13    and the steps it is taking to be able to do so within a
14    year;    
15        (3) materials documenting any thefts or losses of
16    firearms, firearm ammunition, or firearm accessories from
17    the bidder's, offeror's, or contractor's premises for the
18    past 5 calendar years; if a bidder, offeror, or contractor
19    is unable to provide sufficient materials under this item
20    (3), then the bidder, offeror, or contractor must provide
21    to the State agency a declaration explaining why it is
22    unable to do so;    
23        (4) copies of the 2 most recent inspection reports of
24    any inspection conducted by a federal, State, or local
25    agency focused on compliance with firearm or firearm
26    ammunition laws, including, but not limited to, any

 

 

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1    follow-up materials documenting administrative actions
2    taken by that agency;    
3        (5) materials documenting any corrective actions taken
4    by the bidder, offeror, or contractor in response to a
5    finding of noncompliance or a violation of any federal,
6    State, or local firearm, firearm ammunition, or firearm
7    accessory law, rule, or other requirement, if applicable;
8    and    
9        (6) an affirmation of compliance with all applicable
10    local, State, and federal laws related to the sale or
11    transfer of firearms, firearm ammunition, and firearms
12    accessories.    
13    (c) A bidder or offeror seeking the award of a contract
14with a State agency for the procurement of firearms, firearm
15ammunition, or firearm accessories and a contractor who is
16awarded such a contract shall also, during the public
17procurement process, on an annual basis, and upon request of
18the State agency, provide to the State agency, in writing, any
19practices or policies, including, but not limited to, any
20amendments to those practices or policies made during the
21public procurement process, that are in effect or adopted by
22the bidder, offeror, or contractor, or required by any
23contract term that:    
24        (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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1        (2) prevent, detect, and screen against the sale of
2    firearms, firearm ammunition, or firearm accessories to an
3    individual prohibited from possessing a firearm by
4    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;    
7        (4) train employees to ensure compliance with all
8    applicable federal, State, and local firearms, firearm
9    ammunition, and firearm accessories laws and rules;    
10        (5) assist law enforcement agencies in the
11    investigation and prevention of criminal access to
12    firearms, firearm ammunition, or firearm accessories; and    
13        (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
16score all information and documentation supplied by bidders,
17offerors, and contractors under this Section as one factor in
18the bidding and award process.    
19    (e) A State agency shall reject a bid from a bidder or
20offeror if the bidder or offeror has not complied with the
21provisions of this Section.    
22    (f) A State agency shall not waive any of the requirements
23of this Section or make exigent or emergency purchases of
24firearms, firearm ammunition, or firearm accessories.    
25    (g) The Office of the Attorney General shall develop
26processes and procedures to implement this Section, which

 

 

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1shall include, but may not be limited to, a process to
2administer and assess a bidder's, offeror's, or contractor's
3compliance with the requirements of this Section as part of
4contract awards and renewals.    
5    (h) The processes and procedures developed pursuant to
6this 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
14procurement of firearms, firearm ammunition, or firearm
15accessories that a State agency solicits, enters into, awards,
16amends, renews, or extends on or after the effective date of
17this amendatory Act of the 104th General Assembly.    
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.