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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. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Illinois Procurement Code is amended by |
| 5 | | adding 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 |
| 11 | | of the Firearm Owners Identification Card Act. |
| 12 | | "Firearm accessory" means a supplementary item designed to |
| 13 | | enhance a firearm's functionality, performance, or user |
| 14 | | experience or to modify a firearm or external gear used in |
| 15 | | conjunction with a firearm, including, but not limited to, the |
| 16 | | following: sights and optics; holsters; magazines; grips; |
| 17 | | slings; muzzle devices; suppressors; compensators; flash |
| 18 | | hiders; bipods; trigger upgrades and conversion devices; |
| 19 | | cleaning kits; and ammunition carriers. |
| 20 | | "Firearm ammunition" has the same meaning as defined in |
| 21 | | Section 1.1 of the Firearm Owners Identification Card Act. |
| 22 | | "Firearm precursor part" means any forging, casting, |
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| 1 | | printing, extrusion, machined body, or similar object that has |
| 2 | | reached a stage in manufacture where it may readily be |
| 3 | | completed, assembled, or converted to be used as a firearm |
| 4 | | frame or receiver or that is marketed or sold to the public to |
| 5 | | become or be used as a firearm frame or receiver once |
| 6 | | completed, assembled, or converted. |
| 7 | | (30 ILCS 500/43-10 new) |
| 8 | | Sec. 43-10. Bidder, offeror, and contractor requirements; |
| 9 | | firearms. |
| 10 | | (a) In the case of a contract to supply a State agency with |
| 11 | | firearms, firearm ammunition, or firearm accessories, the |
| 12 | | bidder or offeror shall certify, before the contract is |
| 13 | | awarded, renewed, amended, or extended, that the bidder or |
| 14 | | offeror does not sell unserialized gun build kits or firearm |
| 15 | | precursor parts, including, but not limited to, unserialized |
| 16 | | firearms, unserialized unfinished frames, and unserialized |
| 17 | | unfinished receivers. |
| 18 | | (b) A bidder or offeror seeking the award of a contract |
| 19 | | with a State agency for the procurement of firearms, firearm |
| 20 | | ammunition, or firearm accessories and a contractor who is |
| 21 | | awarded such a contract shall, during the public procurement |
| 22 | | process, on an annual basis, and upon request of the State |
| 23 | | agency, 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 |
| 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 |
| 22 | | the bidder, offeror, or contractor, or required by any |
| 23 | | contract 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 |
| 16 | | score all information and documentation supplied by bidders, |
| 17 | | offerors, and contractors under this Section as one factor in |
| 18 | | the bidding and award process. |
| 19 | | (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. |
| 22 | | (f) A State agency shall not waive any of the requirements |
| 23 | | of this Section or make exigent or emergency purchases of |
| 24 | | firearms, firearm ammunition, or firearm accessories. |
| 25 | | (g) The Office of the Attorney General shall develop |
| 26 | | processes and procedures to implement this Section, which |
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| 1 | | 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. |