Rep. Margaret Croke
Filed: 2/4/2022
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1 | AMENDMENT TO HOUSE BILL 4156
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2 | AMENDMENT NO. ______. Amend House Bill 4156 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title; references to Act. | ||||||
5 | (a) Short title. This Act may be cited as the Firearms | ||||||
6 | Straw Purchaser Liability Act. | ||||||
7 | (b) References to Act. This Act may be referred to as the | ||||||
8 | Protecting Heartbeats Act.
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9 | Section 5. Findings. The General Assembly finds, according | ||||||
10 | to contemporary medical research, that: | ||||||
11 | (1) firearms pose a risk to State residents' health | ||||||
12 | and life when used illegally or improperly; | ||||||
13 | (2) the discharge of firearms in an unlawful manner to | ||||||
14 | cause bodily injury or death has become a key medical | ||||||
15 | predictor that the health and life of a State resident is | ||||||
16 | endangered; |
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1 | (3) the discharge of firearms in an unlawful manner | ||||||
2 | that causes bodily injury or death does not advance either | ||||||
3 | an individual or collective right to keep or bear arms | ||||||
4 | under the Second Amendment of the United States | ||||||
5 | Constitution; and | ||||||
6 | (4) the State has compelling interest in protecting | ||||||
7 | the health and the life of State residents | ||||||
8 | Section 10. Definitions. As used in this Act: | ||||||
9 | "Dealer" means any person or entity that transfers a | ||||||
10 | firearm to another person or entity. | ||||||
11 | "Firearm" has the same meaning as in the Firearm Owners | ||||||
12 | Identification Card Act. | ||||||
13 | "Prospective firearm owner" means a person who is | ||||||
14 | attempting to acquire a firearm. | ||||||
15 | Section 15. Liability. | ||||||
16 | (a) Any dealer of a firearm who illegally transfers a | ||||||
17 | firearm shall be held strictly liable, without regard to fault | ||||||
18 | or proof of defect, for any bodily injury or death if the | ||||||
19 | bodily injury or death proximately results from the unlawful | ||||||
20 | discharge of the firearm in this State. | ||||||
21 | (b) An action for the violation of this Act may be brought | ||||||
22 | by: | ||||||
23 | (1) if the violation caused a nonfatal injury, the | ||||||
24 | injured person or, if the injured person is a minor, by the |
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1 | injured minor's guardian; or | ||||||
2 | (2) if the violation caused the death of a person, by | ||||||
3 | the deceased person's personal representative. | ||||||
4 | Section 20. Damages. If a claimant prevails in an action | ||||||
5 | brought under this Act, the court shall award: | ||||||
6 | (1) injunctive relief sufficient to prevent the | ||||||
7 | defendant from violating this Act; | ||||||
8 | (2) statutory damages in an amount of not less than | ||||||
9 | $10,000 for each individual injured or killed by a firearm | ||||||
10 | that the defendant dealt; and | ||||||
11 | (3) costs and attorney's fees.
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12 | Section 25. Limitations. | ||||||
13 | (a) Notwithstanding any other law, the following are not | ||||||
14 | defenses to an action brought under this Act: | ||||||
15 | (1) ignorance or mistake of law; | ||||||
16 | (2) a defendant's belief that the requirements of this | ||||||
17 | Act are unconstitutional or were unconstitutional; | ||||||
18 | (3) a defendant's reliance on any court decision that | ||||||
19 | has been overruled on appeal or by a subsequent court, | ||||||
20 | even if that court decision had not been overruled when | ||||||
21 | the defendant engaged in conduct that violates this Act; | ||||||
22 | (4) a defendant's reliance on any State or federal | ||||||
23 | court decision that is not binding on the court in which | ||||||
24 | the action has been brought; |
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1 | (5) nonmutual issue preclusion or nonmutual claim | ||||||
2 | preclusion; or | ||||||
3 | (6) any claim that the enforcement of this Act or the | ||||||
4 | imposition of civil liability against the defendant will | ||||||
5 | violate the constitutional rights of third parties. | ||||||
6 | (b) A defendant against whom an action is brought under | ||||||
7 | this Act does not have standing to assert the rights of a | ||||||
8 | firearm owner, prospective firearm owner, or group of firearm | ||||||
9 | owners or prospective firearm owners as a defense to liability | ||||||
10 | unless: | ||||||
11 | (1) the United States Supreme Court holds that courts | ||||||
12 | of this State must confer standing on that defendant to | ||||||
13 | assert the third-party rights of a firearm owner, | ||||||
14 | prospective firearm owner, or group of firearm owners or | ||||||
15 | prospective firearm owners in State court as a matter of | ||||||
16 | federal constitutional law; or | ||||||
17 | (2) the defendant has standing to assert the rights of | ||||||
18 | a firearm owner, prospective firearm owner, or group of | ||||||
19 | firearm owners or prospective firearm owners under the | ||||||
20 | tests of third-party standing established by the United | ||||||
21 | States Supreme Court. | ||||||
22 | (c) A defendant in an action brought under this Act may | ||||||
23 | assert an affirmative defense to liability if: | ||||||
24 | (1) the defendant has standing to assert the | ||||||
25 | third-party rights of a firearm owner, prospective firearm | ||||||
26 | owner, or group of firearm owners or prospective firearm |
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1 | owners; or | ||||||
2 | (2) the defendant demonstrates that the relief sought | ||||||
3 | by the claimant will impose an impermissible burden on the | ||||||
4 | firearm owner, prospective firearm owner, or group of | ||||||
5 | firearm owners and prospective firearm owners. | ||||||
6 | (d) A court may not find an impermissible burden or an | ||||||
7 | infringement on the right to keep or bear arms unless a | ||||||
8 | defendant introduces evidence proving that: | ||||||
9 | (1) an award of relief will prevent a firearm owner, | ||||||
10 | prospective firearm owners, or group of firearm owners or | ||||||
11 | prospective firearm owners from legally acquiring | ||||||
12 | firearms; or | ||||||
13 | (2) an award of relief will place a substantial | ||||||
14 | obstacle in the path of a firearm owner, prospective | ||||||
15 | firearm owners, or group of firearm owners or prospective | ||||||
16 | firearm owners who are seeking to legally acquire | ||||||
17 | firearms. | ||||||
18 | (e) A defendant may not establish an impermissible burden | ||||||
19 | or an infringement on the right to keep or bear arms under this | ||||||
20 | Section by: | ||||||
21 | (1) merely demonstrating that an award of relief will | ||||||
22 | prevent a firearm owner, prospective firearm owners, or | ||||||
23 | group of firearm owners or prospective firearm owners from | ||||||
24 | obtaining support or assistance, financial or otherwise, | ||||||
25 | from others in their efforts to acquire firearms; or | ||||||
26 | (2) arguing or attempting to argue that an award of |
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1 | relief against other defendants or other potential | ||||||
2 | defendants will impose an impermissible burden or infringe | ||||||
3 | on the right to keep or bear arms on a firearm owner, | ||||||
4 | prospective firearm owners, or group of firearm owners or | ||||||
5 | prospective firearm owners. | ||||||
6 | (f) The requirements of this Act shall be enforced | ||||||
7 | exclusively through the private civil actions described in | ||||||
8 | this Act. No enforcement of this Act may be taken or threatened | ||||||
9 | by this State, a political subdivision, a State's Attorney, or | ||||||
10 | an executive or administrative officer or employee of this | ||||||
11 | State or a political subdivision. | ||||||
12 | (g) A court may not award relief under this Act if the | ||||||
13 | defendant demonstrates that the defendant previously paid the | ||||||
14 | full amount of statutory damages under this Act in a previous | ||||||
15 | action for that particular bodily injury or death. | ||||||
16 | (h) No action may be brought under this Act by a person | ||||||
17 | injured by a firearm during the commission of a crime, or his | ||||||
18 | or her agent, if the injured person was involved in the | ||||||
19 | commission of such crime. | ||||||
20 | (i) No action may be brought under this Act by a person | ||||||
21 | injured by a firearm who intentionally self-inflicted said | ||||||
22 | injury, or his or her agent. | ||||||
23 | (j) A person may bring an action under this Act within 4 | ||||||
24 | years from the date of bodily injury or death. | ||||||
25 | (k) This Act shall not limit in scope any cause of action | ||||||
26 | available to a person injured or killed by a firearm.
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1 | Section 30. Venue. A civil action brought under this Act | ||||||
2 | shall be brought in: | ||||||
3 | (1) the county in which all or a substantial part of | ||||||
4 | the events or omissions giving rise to the claim occurred; | ||||||
5 | (2) the county or residence of any one of the natural | ||||||
6 | person defendants at the time of the cause of action | ||||||
7 | accrued; | ||||||
8 | (3) the county of the principal office in this State | ||||||
9 | of any of the defendants that is not a natural person; or | ||||||
10 | (4) the county or residence for the claimant if the | ||||||
11 | claimant is a natural person residing in this State. | ||||||
12 | If a civil action is brought under this Act in any one of | ||||||
13 | the venues described in this Act, the action may not be | ||||||
14 | transferred to a different venue without the written consent | ||||||
15 | of all parties. | ||||||
16 | Section 97. Severability. The provisions of this Act are | ||||||
17 | severable under Section 1.31 of the Statute on Statutes.".
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