Bill Text: IL HB0218 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for any firearm industry member, through the sale, manufacturing, importing, or marketing of a firearm-related product, to: (i) 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; (ii) 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; (iii) 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 unlawfully possess or use a firearm-related product; or (iv) otherwise engage in unfair methods of competition or unfair or deceptive acts or practices declared unlawful under the Act. Provides that the provisions of the amendatory Act are severable. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Democrat 67-0)

Status: (Passed) 2023-08-14 - Public Act . . . . . . . . . 103-0559 [HB0218 Detail]

Download: Illinois-2023-HB0218-Engrossed.html

---

HB0218 Engrossed LRB103 03742 LNS 48748 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2BBBB as follows:
(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,

HB0218 Engrossed - 2 - LRB103 03742 LNS 48748 b
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

HB0218 Engrossed - 3 - LRB103 03742 LNS 48748 b
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,

HB0218 Engrossed - 4 - LRB103 03742 LNS 48748 b
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;

HB0218 Engrossed - 5 - LRB103 03742 LNS 48748 b
(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

HB0218 Engrossed - 6 - LRB103 03742 LNS 48748 b
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.
Section 99. Effective date. This Act takes effect upon
becoming law.