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| Public Act 103-0559
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| HB0218 Enrolled | LRB103 03742 LNS 48748 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Consumer Fraud and Deceptive Business |
Practices Act is amended by adding Section 2BBBB as follows:
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(815 ILCS 505/2BBBB new) |
Sec. 2BBBB. Sale and marketing of firearms. |
(a) As used in this Section: |
"Firearm" has the meaning set forth in Section 1.1 of the |
Firearm Owners Identification Card Act. |
"Firearm accessory" means an attachment or device designed |
or adapted to be inserted into, affixed onto, or used in |
conjunction with a firearm that is designed, intended, or |
functions to alter or enhance (i) the firing capabilities of a |
firearm, frame, or receiver, (ii) the lethality of the |
firearm, or (iii) a shooter's ability to hold and use a |
firearm. |
"Firearm ammunition" has the meaning set forth in Section |
1.1 of the Firearm Owners Identification Card Act. |
"Firearm industry member" means a person, firm, |
corporation, company, partnership, society, joint stock |
company, or any other entity or association engaged in the |
design, manufacture, distribution, importation, marketing, |
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wholesale, or retail sale of firearm-related products, |
including sales by mail, telephone, or Internet or in-person |
sales. |
"Firearm-related product" means a firearm, firearm |
ammunition, a firearm precursor part, a firearm component, or |
a firearm accessory that meets any of the following |
conditions: |
(1) the item is sold, made, or distributed in |
Illinois; |
(2) the item is intended to be sold or distributed in |
Illinois; or |
(3) the item is or was possessed in Illinois, and it |
was reasonably foreseeable that the item would be |
possessed in Illinois. |
"Straw purchaser" means a person who (i) knowingly |
purchases or attempts to purchase a firearm-related product |
with intent to deliver that firearm-related product to another |
person who is prohibited by federal or State law from |
possessing a firearm-related product or (ii) intentionally |
provides false or misleading information on a Bureau of |
Alcohol, Tobacco, Firearms and Explosives firearms transaction |
record form to purchase a firearm-related product with the |
intent to deliver that firearm-related product to another |
person. |
"Unlawful paramilitary or private militia" means a group |
of armed individuals, organized privately, in violation of the |
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Military Code of Illinois and Section 2 of Article XII of the |
Illinois Constitution. |
(b) It is an unlawful practice within the meaning of this |
Act for any firearm industry member, through the sale, |
manufacturing, importing, or marketing of a firearm-related |
product, to do any of the following: |
(1) Knowingly create, maintain, or contribute to a |
condition in Illinois that endangers the safety or health |
of the public by conduct either unlawful in itself or |
unreasonable under all circumstances, including failing to |
establish or utilize reasonable controls. Reasonable |
controls include reasonable procedures, safeguards, and |
business practices that are designed to: |
(A) prevent the sale or distribution of a |
firearm-related product to a straw purchaser, a person |
prohibited by law from possessing a firearm, or a |
person who the firearm industry member has reasonable |
cause to believe is at substantial risk of using a |
firearm-related product to harm themselves or another |
individual or of possessing or using a firearm-related |
product unlawfully; |
(B) prevent the loss or theft of a firearm-related |
product from the firearm industry member; or |
(C) comply with all provisions of applicable |
local, State, and federal law, and do not otherwise |
promote the unlawful manufacture, sale, possession, |
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marketing, or use of a firearm-related product. |
(2) Advertise, market, or promote a firearm-related |
product in a manner that reasonably appears to support, |
recommend, or encourage individuals to engage in unlawful |
paramilitary or private militia activity in Illinois, or |
individuals who are not in the National Guard, United |
States armed forces reserves, United States armed forces, |
or any duly authorized military organization to use a |
firearm-related product for a military-related purpose in |
Illinois. |
(3) Except as otherwise provided, advertise, market, |
promote, design, or sell any firearm-related product in a |
manner that reasonably appears to support, recommend, or |
encourage persons under 18 years of age to unlawfully |
purchase or possess or use a firearm-related product in |
Illinois. |
(A) In determining whether the conduct of a |
firearm industry member, as described in this |
paragraph, reasonably appears to support, recommend, |
or encourage persons under 18 years of age to |
unlawfully purchase a firearm-related product, a court |
shall consider the totality of the circumstances, |
including, but not limited to, whether the marketing, |
advertising promotion, design, or sale: |
(i) uses caricatures that reasonably appear to |
be minors or cartoon characters; |
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(ii) offers brand name merchandise for minors, |
including, but not limited to, clothing, toys, |
games, or stuffed animals, that promotes a firearm |
industry member or firearm-related product; |
(iii) offers firearm-related products in |
sizes, colors, or designs that are specifically |
designed to be used by, or appeal to, minors; |
(iv) is part of a marketing, advertising, or |
promotion campaign designed with the intent to |
appeal to minors; |
(v) uses images or depictions of minors in |
advertising or marketing, or promotion materials, |
to depict the use of firearm-related products; or |
(vi) is placed in a publication created for |
the purpose of reaching an audience that is |
predominantly composed of minors and not intended |
for a more general audience composed of adults. |
(B) This paragraph does not apply to |
communications or promotional materials regarding |
lawful recreational activity with a firearm such as, |
but not limited to, practice shooting at targets on |
established public or private target ranges or |
hunting, trapping, or fishing in accordance with the |
Wildlife Code or the Fish and Aquatic Life Code. |
(4) Otherwise engage in unfair methods of competition |
or unfair or deceptive acts or practices declared unlawful |
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under Section 2 of this Act. |
(c) Paragraphs (2), (3), and (4) of subsection (b) are |
declarative of existing law and shall not be construed as new |
enactments. The provisions of these paragraphs shall apply to |
all actions commenced or pending on or after the effective |
date of this amendatory Act of the 103rd General Assembly. |
(d) The provisions of this Section are severable under |
Section 1.31 of the Statute on Statutes.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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