S.F. 2252 Section 1. NEW SECTION . 724.33 Identification marks on 1 firearms —— manufacturing firearms —— penalties. 2 1. As used in this section: 3 a. “Antique firearm” means the same as the term is defined 4 in 18 U.S.C. §921. 5 b. “Department” means the department of public safety. 6 c. “Firearm” means the same as the term is defined in 18 7 U.S.C. §921. 8 d. “Manufacture” means to fabricate or construct a firearm, 9 including the initial assembly. 10 e. “Security exemplar” means the same as the term is defined 11 in 18 U.S.C. §922. 12 f. “Unfinished frame or lower receiver” means a blank, 13 casting, or machined body intended to be turned into the frame 14 or lower receiver of a firearm, with additional machining, and 15 that has been formed or machined to the point at which most 16 major machining operations have been completed to turn the 17 blank, casting, or machined body into a frame or lower receiver 18 of a firearm, even if the fire control cavity area of such 19 blank, casting, or machined body is still completely solid 20 and unmachined. “Unfinished frame or lower receiver” does not 21 include a firearm. 22 2. No later than December 1, 2022, the department, in 23 consultation with the bureau of alcohol, tobacco, firearms, 24 and explosives as necessary, shall develop and maintain a 25 system to distribute a unique serial number or other mark of 26 identification to any person requesting such number or mark 27 pursuant to subsection 4 or 5. The department shall provide 28 notice that the system is operational by posting a notification 29 on the department’s internet site and by electronically 30 notifying federally licensed firearms dealers. The department 31 shall maintain identifying information of the person requesting 32 the number or mark and of the firearm or unfinished frame or 33 lower receiver for which each number or mark is requested. 34 3. No person shall remove, deface, alter, or obliterate 35 -1- LSB 5371XS (3) 89 js/rh 1/ 7

S.F. 2252 the name of any maker or model, maker’s number, unique serial 1 number, or other mark of identification on any firearm. 2 The possession of any firearm upon which any identifying 3 mark, number, or name has been removed, defaced, altered, or 4 obliterated shall be prima facie evidence that the person 5 owning or in possession of such firearm has removed, defaced, 6 altered, or obliterated the identifying mark, number, or name. 7 4. a. A person shall not complete the manufacture of a 8 firearm without subsequently obtaining a unique serial number 9 or other mark of identification from the department pursuant 10 to paragraph “b” and engraving upon or permanently affixing to 11 the firearm such serial number or other mark in a manner that 12 conforms with the requirements imposed on licensed importers 13 and licensed manufacturers of firearms pursuant to 18 U.S.C. 14 §923(i) and any regulation adopted thereunder. 15 b. No later than thirty days after a person completes the 16 manufacture of a firearm, or ninety days after the department 17 provides notice pursuant to subsection 2, whichever date is 18 later, the person shall request a unique serial number or other 19 mark of identification by notifying the department of such 20 manufacture and providing any identifying information to the 21 department concerning the firearm and the owner of such firearm 22 in a manner prescribed by the department. Upon receiving 23 a properly submitted request for a unique serial number or 24 other mark of identification from a person who completes the 25 manufacture of a firearm, the department shall determine if 26 the person is prohibited from purchasing or possessing a 27 firearm. If the person is not prohibited from purchasing or 28 possessing a firearm, the department shall issue to the person 29 a unique serial number or other mark of identification no 30 later than three business days after the person makes such 31 request. Issuance of a unique serial number or other mark 32 of identification pursuant to this subsection shall not be 33 considered evidence that the firearm is otherwise lawfully 34 possessed. 35 -2- LSB 5371XS (3) 89 js/rh 2/ 7

S.F. 2252 c. A person shall not transfer to another person a firearm 1 manufactured in violation of this subsection. 2 d. A person shall not facilitate, aid, or abet the 3 manufacture of a firearm by a person or for a person who is 4 otherwise prohibited by law from purchasing or possessing a 5 firearm, or that a person is otherwise prohibited by law from 6 purchasing or possessing. 7 e. The provisions of this subsection do not apply to the 8 manufacture of a firearm manufactured using an unfinished frame 9 or lower receiver on which a serial number or other identifying 10 mark has been engraved or permanently affixed pursuant to 11 subsection 5. 12 f. The provisions of this subsection do not apply to any of 13 the following: 14 (1) The manufacture of firearms by a federally licensed 15 firearms manufacturer. 16 (2) Any antique firearm or any firearm manufactured prior 17 to the effective date of this Act, provided such firearm is 18 otherwise lawfully possessed. 19 (3) The delivery or transfer of a firearm to a law 20 enforcement agency. 21 5. a. A person shall not sell, deliver, or otherwise 22 transfer an unfinished frame or lower receiver that does not 23 have a unique serial number or other mark of identification 24 obtained pursuant to the system developed in subsection 2. 25 b. A person may request a unique serial number or other mark 26 of identification for an unfinished frame or lower receiver 27 by providing any identifying information to the department 28 concerning the unfinished frame or lower receiver and the 29 owner of such unfinished frame or lower receiver in a manner 30 prescribed by the department. Upon receiving a properly 31 submitted request for a unique serial number or other mark 32 of identification for an unfinished frame or lower receiver, 33 the department shall determine if the person is prohibited 34 from purchasing or possessing a firearm. If the person is 35 -3- LSB 5371XS (3) 89 js/rh 3/ 7

S.F. 2252 not prohibited from purchasing or possessing a firearm, the 1 department shall issue to the person a unique serial number 2 or other mark of identification no later than three business 3 days after the person makes such request or ten days after the 4 department provides notice pursuant to subsection 2, whichever 5 date is later. 6 c. A unique serial number or other identifying mark obtained 7 pursuant to paragraph “b” shall be engraved upon or permanently 8 affixed to the unfinished frame or lower receiver in a manner 9 that conforms with the requirements imposed on licensed 10 importers and licensed manufacturers of firearms pursuant to 18 11 U.S.C. §923(i) and any regulation adopted thereunder. 12 d. A person may arrange in advance to deliver and transfer 13 an unfinished frame or lower receiver to the department or to a 14 police department. 15 e. On or after December 1, 2022, a person shall not possess 16 an unfinished frame or lower receiver unless the person is 17 eligible to purchase and possess a firearm under state and 18 federal law. 19 f. The provisions of this subsection do not apply to the 20 sale, delivery, or transfer of an unfinished frame or lower 21 receiver between any of the following: 22 (1) A federally licensed firearms manufacturer and a 23 federally licensed firearms dealer. 24 (2) A federally licensed firearms importer and a federally 25 licensed firearms dealer. 26 (3) Multiple federally licensed firearms dealers. 27 6. A person shall not manufacture any firearm from polymer 28 plastic that, after removal of grips, stocks, and magazines, 29 is not as detectable as a security exemplar by walk-through 30 metal detectors calibrated and operated to detect the security 31 exemplar. 32 7. a. Except as otherwise provided in paragraph “b” , a 33 person who violates a provision of this section commits a class 34 “C” felony. 35 -4- LSB 5371XS (3) 89 js/rh 4/ 7

S.F. 2252 b. A person who sells, delivers, or otherwise transfers 1 an unfinished frame or lower receiver in violation of the 2 provisions of this section knowing that such unfinished frame 3 or lower receiver is stolen or that the manufacturer’s number 4 or other mark of identification on such unfinished frame or 5 lower receiver has been altered, removed, or obliterated 6 commits a class “B” felony. 7 c. Any firearm or unfinished frame or lower receiver 8 possessed in violation of a provision of this section shall be 9 forfeited to the department. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to identification markings on firearms and 14 firearm parts. 15 The bill requires the department of public safety (DPS), in 16 consultation with the bureau of alcohol, tobacco, firearms, and 17 explosives as necessary, by December 1, 2022, to develop and 18 maintain a system to distribute a unique serial number or other 19 mark of identification for a firearm or unfinished frame or 20 lower receiver intended to be a part of a firearm to any person 21 requesting such number or mark. The bill prohibits a person 22 from removing, defacing, altering, or obliterating the name of 23 any maker or model, maker’s number, unique serial number, or 24 other mark of identification on any firearm. The possession of 25 any firearm upon which any identifying mark, number, or name 26 has been removed, defaced, altered, or obliterated shall be 27 prima facie evidence that the person owning or in possession of 28 such firearm has removed, defaced, altered, or obliterated the 29 identifying mark, number, or name. 30 The bill prohibits a person from completing the manufacture 31 of a firearm without subsequently obtaining a unique serial 32 number or other mark of identification from DPS and engraving 33 upon or permanently affixing to the firearm such serial 34 number or other mark in a manner that conforms with federal 35 -5- LSB 5371XS (3) 89 js/rh 5/ 7

S.F. 2252 requirements. The bill prohibits a person from transferring 1 to another person a firearm manufactured in violation of the 2 bill or facilitating, aiding, or abetting the manufacture 3 of a firearm by a person or for a person who is otherwise 4 prohibited by law from purchasing or possessing a firearm, or 5 that a person is otherwise prohibited by law from purchasing 6 or possessing. 7 The prohibitions relating to the manufacture or transfer 8 of firearms that do not have a proper identifying mark do not 9 apply to the manufacture of a firearm manufactured using an 10 unfinished frame or lower receiver on which a serial number 11 or other identifying mark has been engraved or permanently 12 affixed; to the manufacture of firearms by a federally licensed 13 firearms manufacturer; to any antique firearm or any firearm 14 manufactured prior to the effective date of the bill, provided 15 such firearm is otherwise lawfully possessed; or to the 16 delivery or transfer of a firearm to a law enforcement agency. 17 The bill prohibits a person from selling, delivering, or 18 otherwise transferring an unfinished frame or lower receiver 19 that does not have a unique serial number or other mark of 20 identification obtained pursuant to the bill. Beginning 21 December 1, 2022, a person shall not possess an unfinished 22 frame or lower receiver unless the person is eligible to 23 purchase and possess a firearm under state and federal law. 24 These provisions do not apply to the sale, delivery, or 25 transfer of an unfinished frame or lower receiver between 26 a federally licensed firearms manufacturer and a federally 27 licensed firearms dealer, a federally licensed firearms 28 importer and a federally licensed firearms dealer, or multiple 29 federally licensed firearms dealers. 30 The bill prohibits a person from manufacturing any firearm 31 from polymer plastic that, after removal of grips, stocks, 32 and magazines, is not as detectable as a security exemplar by 33 walk-through metal detectors calibrated and operated to detect 34 the security exemplar. 35 -6- LSB 5371XS (3) 89 js/rh 6/ 7

S.F. 2252 Generally, a person who violates a provision of the bill 1 commits a class “C” felony. However, a person who sells, 2 delivers, or otherwise transfers an unfinished frame or lower 3 receiver in violation of the provisions of the bill knowing 4 that such unfinished frame or lower receiver is stolen or that 5 the manufacturer’s number or other mark of identification on 6 such unfinished frame or lower receiver has been altered, 7 removed, or obliterated commits a class “B” felony. Any 8 firearm or unfinished frame or lower receiver possessed in 9 violation of the bill shall be forfeited to DPS. 10 A class “C” felony is punishable by confinement for no more 11 than 10 years and a fine of at least $1,370 but not more than 12 $13,660. A class “B” felony is punishable by confinement for 13 no more than 25 years. 14 -7- LSB 5371XS (3) 89 js/rh 7/ 7