Rep. Jennifer Gong-Gershowitz
Filed: 5/9/2023
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1 | AMENDMENT TO HOUSE BILL 218
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2 | AMENDMENT NO. ______. Amend House Bill 218 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Consumer Fraud and Deceptive Business | ||||||
5 | Practices Act is amended by adding Section 2BBBB as follows: | ||||||
6 | (815 ILCS 505/2BBBB new) | ||||||
7 | Sec. 2BBBB. Sale and marketing of firearms. | ||||||
8 | (a) As used in this Section: | ||||||
9 | "Firearm" has the meaning set forth in Section 1.1 of the | ||||||
10 | Firearm Owners Identification Card Act. | ||||||
11 | "Firearm accessory" means an attachment or device designed | ||||||
12 | or adapted to be inserted into, affixed onto, or used in | ||||||
13 | conjunction with a firearm that is designed, intended, or | ||||||
14 | functions to alter or enhance (i) the firing capabilities of a | ||||||
15 | firearm, frame, or receiver, (ii) the lethality of the | ||||||
16 | firearm, or (iii) a shooter's ability to hold and use a |
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1 | firearm. | ||||||
2 | "Firearm ammunition" has the meaning set forth in Section | ||||||
3 | 1.1 of the Firearm Owners Identification Card Act. | ||||||
4 | "Firearm industry member" means a person, firm, | ||||||
5 | corporation, company, partnership, society, joint stock | ||||||
6 | company, or any other entity or association engaged in the | ||||||
7 | design, manufacture, distribution, importation, marketing, | ||||||
8 | wholesale, or retail sale of firearm-related products, | ||||||
9 | including sales by mail, telephone, or Internet or in-person | ||||||
10 | sales. | ||||||
11 | "Firearm-related product" means a firearm, firearm | ||||||
12 | ammunition, a firearm precursor part, a firearm component, or | ||||||
13 | a firearm accessory that meets any of the following | ||||||
14 | conditions: | ||||||
15 | (1) the item is sold, made, or distributed in | ||||||
16 | Illinois; | ||||||
17 | (2) the item is intended to be sold or distributed in | ||||||
18 | Illinois; or | ||||||
19 | (3) the item is or was possessed in Illinois, and it | ||||||
20 | was reasonably foreseeable that the item would be | ||||||
21 | possessed in Illinois. | ||||||
22 | "Straw purchaser" means a person who (i) knowingly | ||||||
23 | purchases or attempts to purchase a firearm-related product | ||||||
24 | with intent to deliver that firearm-related product to another | ||||||
25 | person who is prohibited by federal or State law from | ||||||
26 | possessing a firearm-related product or (ii) intentionally |
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1 | provides false or misleading information on a Bureau of | ||||||
2 | Alcohol, Tobacco, Firearms and Explosives firearms transaction | ||||||
3 | record form to purchase a firearm-related product with the | ||||||
4 | intent to deliver that firearm-related product to another | ||||||
5 | person. | ||||||
6 | "Unlawful paramilitary or private militia" means a group | ||||||
7 | of armed individuals, organized privately, in violation of the | ||||||
8 | Military Code of Illinois and Section 2 of Article XII of the | ||||||
9 | Illinois Constitution. | ||||||
10 | (b) It is an unlawful practice within the meaning of this | ||||||
11 | Act for any firearm industry member, through the sale, | ||||||
12 | manufacturing, importing, or marketing of a firearm-related | ||||||
13 | product, to do any of the following: | ||||||
14 | (1) Knowingly create, maintain, or contribute to a | ||||||
15 | condition in Illinois that endangers the safety or health | ||||||
16 | of the public by conduct either unlawful in itself or | ||||||
17 | unreasonable under all circumstances, including failing to | ||||||
18 | establish or utilize reasonable controls. Reasonable | ||||||
19 | controls include reasonable procedures, safeguards, and | ||||||
20 | business practices that are designed to: | ||||||
21 | (A) prevent the sale or distribution of a | ||||||
22 | firearm-related product to a straw purchaser, a person | ||||||
23 | prohibited by law from possessing a firearm, or a | ||||||
24 | person who the firearm industry member has reasonable | ||||||
25 | cause to believe is at substantial risk of using a | ||||||
26 | firearm-related product to harm themselves or another |
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1 | individual or of possessing or using a firearm-related | ||||||
2 | product unlawfully; | ||||||
3 | (B) prevent the loss or theft of a firearm-related | ||||||
4 | product from the firearm industry member; or | ||||||
5 | (C) comply with all provisions of applicable | ||||||
6 | local, State, and federal law, and do not otherwise | ||||||
7 | promote the unlawful manufacture, sale, possession, | ||||||
8 | marketing, or use of a firearm-related product. | ||||||
9 | (2) Advertise, market, or promote a firearm-related | ||||||
10 | product in a manner that reasonably appears to support, | ||||||
11 | recommend, or encourage individuals to engage in unlawful | ||||||
12 | paramilitary or private militia activity in Illinois, or | ||||||
13 | individuals who are not in the National Guard, United | ||||||
14 | States armed forces reserves, United States armed forces, | ||||||
15 | or any duly authorized military organization to use a | ||||||
16 | firearm-related product for a military-related purpose in | ||||||
17 | Illinois. | ||||||
18 | (3) Except as otherwise provided, advertise, market, | ||||||
19 | promote, design, or sell any firearm-related product in a | ||||||
20 | manner that reasonably appears to support, recommend, or | ||||||
21 | encourage persons under 18 years of age to unlawfully | ||||||
22 | purchase or possess or use a firearm-related product in | ||||||
23 | Illinois. | ||||||
24 | (A) In determining whether the conduct of a | ||||||
25 | firearm industry member, as described in this | ||||||
26 | paragraph, reasonably appears to support, recommend, |
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1 | or encourage persons under 18 years of age to | ||||||
2 | unlawfully purchase a firearm-related product, a court | ||||||
3 | shall consider the totality of the circumstances, | ||||||
4 | including, but not limited to, whether the marketing, | ||||||
5 | advertising promotion, design, or sale: | ||||||
6 | (i) uses caricatures that reasonably appear to | ||||||
7 | be minors or cartoon characters; | ||||||
8 | (ii) offers brand name merchandise for minors, | ||||||
9 | including, but not limited to, clothing, toys, | ||||||
10 | games, or stuffed animals, that promotes a firearm | ||||||
11 | industry member or firearm-related product; | ||||||
12 | (iii) offers firearm-related products in | ||||||
13 | sizes, colors, or designs that are specifically | ||||||
14 | designed to be used by, or appeal to, minors; | ||||||
15 | (iv) is part of a marketing, advertising, or | ||||||
16 | promotion campaign designed with the intent to | ||||||
17 | appeal to minors; | ||||||
18 | (v) uses images or depictions of minors in | ||||||
19 | advertising or marketing, or promotion materials, | ||||||
20 | to depict the use of firearm-related products; or | ||||||
21 | (vi) is placed in a publication created for | ||||||
22 | the purpose of reaching an audience that is | ||||||
23 | predominantly composed of minors and not intended | ||||||
24 | for a more general audience composed of adults. | ||||||
25 | (B) This paragraph does not apply to | ||||||
26 | communications or promotional materials regarding |
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1 | lawful recreational activity with a firearm such as, | ||||||
2 | but not limited to, practice shooting at targets on | ||||||
3 | established public or private target ranges or | ||||||
4 | hunting, trapping, or fishing in accordance with the | ||||||
5 | Wildlife Code or the Fish and Aquatic Life Code. | ||||||
6 | (4) Otherwise engage in unfair methods of competition | ||||||
7 | or unfair or deceptive acts or practices declared unlawful | ||||||
8 | under Section 2 of this Act. | ||||||
9 | (c) Paragraphs (2), (3), and (4) of subsection (b) are | ||||||
10 | declarative of existing law and shall not be construed as new | ||||||
11 | enactments. The provisions of these paragraphs shall apply to | ||||||
12 | all actions commenced or pending on or after the effective | ||||||
13 | date of this amendatory Act of the 103rd General Assembly. | ||||||
14 | (d) The provisions of this Section are severable under | ||||||
15 | Section 1.31 of the Statute on Statutes.
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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