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Bill

Bill

SB 3909

PROCUREMENT-FIREARMS

104th Regular Session Introduced by Cristina Castro

Illinois must ban unserialized firearm parts in state contracts and require bidders to certify compliance and disclose firearms-related records.

Rule 2-10 Committee/3rd Reading Deadline Established As May 22, 2026
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Bill Summary · SB 3909

Overview

SB3909, introduced in the 104th Illinois General Assembly by Senator Cristina Castro, amends the Illinois Procurement Code to introduce new requirements for bidders, offerors, and contractors involved in state procurements of firearms, firearm ammunition, and firearm accessories. The act creates a dedicated Article 43 (FIREARMS AND AMMUNITION) and takes effect immediately for contracts solicited or awarded on and after the act’s effective date.

Main purpose and intent

  • The bill aims to enhance oversight, transparency, and compliance in state procurements related to firearms and related products.
  • It seeks to prevent the procurement of unserialized or easily convertible firearm parts and to ensure bidders and contractors demonstrate compliance with relevant laws and internal controls designed to reduce straw purchasing, gun trafficking, theft, and noncompliance.

Key provisions and changes

Definitions (Article 43, Sec. 43-5)

  • Establishes definitions for:
    • Firearm (same meaning as in the Firearm Owners Identification Card Act, FOID)
    • Firearm accessory (e.g., sights, holsters, magazines, grips, slings, muzzle devices, suppressors, triggers, cleaning kits, ammunition carriers, and related items)
    • Firearm ammunition (same meaning as in FOID)
    • Firearm precursor part (objects that could be completed to become a firearm frame/receiver or marketed to become one)

Bidder/offeror and contractor requirements (Sec. 43-10)

  • (a) Certification requirement: Before contract award, renewal, amendment, or extension, bidders/offerors must certify that they do not sell unserialized gun build kits or firearm precursor parts (including unserialized firearms, unfinished frames, and unfinished receivers).
  • (b) Ongoing disclosures during procurement:
    • Provide, annually and upon request, the following to the State agency: 1) Copies of all valid licenses, permits, or certificates. 2) Information on the number and timing of any firearm trace requests from the federal ATF in the prior five calendar years; if materials are insufficient, provide a declaration and steps to obtain them within a year. 3) Records of any thefts or losses of firearms, ammunition, or accessories from bidder/offeror/contractor premises in the past five years; if unavailable, provide a declaration. 4) Copies of the two most recent inspection reports from any federal, state, or local agency related to firearm laws/compliance, including follow-ups. 5) Documentation of any corrective actions taken for noncompliance with firearm laws or regulations. 6) An affirmation of compliance with all applicable local, state, and federal laws related to firearms and related sales/transfer.
  • (c) Written policies/practices: In addition to the above, bidders/offerors/contractors must disclose annually, and upon request, policies that:
    • Prevent, detect, and screen transfers to straw purchasers or traffickers.
    • Prevent, detect, and screen sales to individuals prohibited from possessing firearms.
    • Prevent, detect, and document thefts or losses.
    • Train employees to ensure compliance with gun laws.
    • Assist law enforcement in preventing/investigating criminal access to firearms.
    • Operate a digital video surveillance system (as described in the Firearm Dealer License Certification Act).
  • (d) Evaluation criteria: State agencies must fully review and score all information provided as a factor in bidding/awarding decisions.
  • (e) Bid rejection: Agencies must reject bids from entities that do not comply with these requirements.
  • (f) No waivers or emergency purchases: Agencies may not waive these requirements or make emergency/expedited purchases for firearms, ammunition, or accessories.
  • (g) AG implementation role: Illinois Attorney General will develop processes and procedures to implement the section, including administration and assessment of compliance in contract awards/renewals.
  • (h) Possible additional administrative tools: The AG’s processes may include:
    • A prequalification process to preapprove bidders/offerors.
    • A scoring system to evaluate bidders’ public safety values related to firearms procurement.
  • (i) Applicability: Applies to contracts for procurement of firearms, ammunition, or accessories solicited, awarded, amended, renewed, or extended on or after the act’s effective date.

Who is affected

  • Bidders and offerors seeking state contracts for firearms, ammunition, or accessories.
  • Contractors awarded such contracts.
  • State agencies responsible for procurement of firearms and related products.
  • The Illinois Attorney General, in implementing procedures and processes to administer the new requirements.

Procedural and timeline aspects

  • Effective date: The act takes effect immediately upon becoming law.
  • Implementation: The AG will develop procedures to implement the new Article 43 requirements, including potential prequalification and scoring systems.
  • Application window: The new requirements apply to contracts solicited, entered into, awarded, amended, renewed, or extended on or after the effective date.

Potential impact and considerations

  • Increased transparency: More extensive disclosure and documentation requirements for bidders/contractors.
  • Enhanced compliance focus: Emphasis on preventing unserialized parts, straw purchasing, and unlawful transfers; stronger alignment with law enforcement cooperation.
  • Procurement evaluation: Adds a new factor to bid scoring, potentially influencing bid outcomes.
  • Administrative burden: Additional reporting, documentation, and potential due diligence for bidders and agencies.
  • No waivers: Tightens controls by prohibiting waivers or emergency purchases for firearms-related procurements.

This summary captures the bill’s core purpose, substantive provisions, affected parties, and key timing as introduced. If needed, I can convert this into a quick-reference checklist for bidders or provide a section-by-section comparison with current law.

Compiled from official sources — confirm details with the bill’s official record.

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