Illinois General Assembly - Full Text of HB0218
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Full Text of HB0218  103rd General Assembly



HB0218 EnrolledLRB103 03742 LNS 48748 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices 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
10Firearm Owners Identification Card Act.
11    "Firearm accessory" means an attachment or device designed
12or adapted to be inserted into, affixed onto, or used in
13conjunction with a firearm that is designed, intended, or
14functions to alter or enhance (i) the firing capabilities of a
15firearm, frame, or receiver, (ii) the lethality of the
16firearm, or (iii) a shooter's ability to hold and use a
18    "Firearm ammunition" has the meaning set forth in Section
191.1 of the Firearm Owners Identification Card Act.
20    "Firearm industry member" means a person, firm,
21corporation, company, partnership, society, joint stock
22company, or any other entity or association engaged in the
23design, manufacture, distribution, importation, marketing,



HB0218 Enrolled- 2 -LRB103 03742 LNS 48748 b

1wholesale, or retail sale of firearm-related products,
2including sales by mail, telephone, or Internet or in-person
4    "Firearm-related product" means a firearm, firearm
5ammunition, a firearm precursor part, a firearm component, or
6a firearm accessory that meets any of the following
8        (1) the item is sold, made, or distributed in
9    Illinois;
10        (2) the item is intended to be sold or distributed in
11    Illinois; or
12        (3) the item is or was possessed in Illinois, and it
13    was reasonably foreseeable that the item would be
14    possessed in Illinois.
15    "Straw purchaser" means a person who (i) knowingly
16purchases or attempts to purchase a firearm-related product
17with intent to deliver that firearm-related product to another
18person who is prohibited by federal or State law from
19possessing a firearm-related product or (ii) intentionally
20provides false or misleading information on a Bureau of
21Alcohol, Tobacco, Firearms and Explosives firearms transaction
22record form to purchase a firearm-related product with the
23intent to deliver that firearm-related product to another
25    "Unlawful paramilitary or private militia" means a group
26of armed individuals, organized privately, in violation of the



HB0218 Enrolled- 3 -LRB103 03742 LNS 48748 b

1Military Code of Illinois and Section 2 of Article XII of the
2Illinois Constitution.
3    (b) It is an unlawful practice within the meaning of this
4Act for any firearm industry member, through the sale,
5manufacturing, importing, or marketing of a firearm-related
6product, to do any of the following:
7        (1) Knowingly create, maintain, or contribute to a
8    condition in Illinois that endangers the safety or health
9    of the public by conduct either unlawful in itself or
10    unreasonable under all circumstances, including failing to
11    establish or utilize reasonable controls. Reasonable
12    controls include reasonable procedures, safeguards, and
13    business practices that are designed to:
14            (A) prevent the sale or distribution of a
15        firearm-related product to a straw purchaser, a person
16        prohibited by law from possessing a firearm, or a
17        person who the firearm industry member has reasonable
18        cause to believe is at substantial risk of using a
19        firearm-related product to harm themselves or another
20        individual or of possessing or using a firearm-related
21        product unlawfully;
22            (B) prevent the loss or theft of a firearm-related
23        product from the firearm industry member; or
24            (C) comply with all provisions of applicable
25        local, State, and federal law, and do not otherwise
26        promote the unlawful manufacture, sale, possession,



HB0218 Enrolled- 4 -LRB103 03742 LNS 48748 b

1        marketing, or use of a firearm-related product.
2        (2) Advertise, market, or promote a firearm-related
3    product in a manner that reasonably appears to support,
4    recommend, or encourage individuals to engage in unlawful
5    paramilitary or private militia activity in Illinois, or
6    individuals who are not in the National Guard, United
7    States armed forces reserves, United States armed forces,
8    or any duly authorized military organization to use a
9    firearm-related product for a military-related purpose in
10    Illinois.
11        (3) Except as otherwise provided, advertise, market,
12    promote, design, or sell any firearm-related product in a
13    manner that reasonably appears to support, recommend, or
14    encourage persons under 18 years of age to unlawfully
15    purchase or possess or use a firearm-related product in
16    Illinois.
17            (A) In determining whether the conduct of a
18        firearm industry member, as described in this
19        paragraph, reasonably appears to support, recommend,
20        or encourage persons under 18 years of age to
21        unlawfully purchase a firearm-related product, a court
22        shall consider the totality of the circumstances,
23        including, but not limited to, whether the marketing,
24        advertising promotion, design, or sale:
25                (i) uses caricatures that reasonably appear to
26            be minors or cartoon characters;



HB0218 Enrolled- 5 -LRB103 03742 LNS 48748 b

1                (ii) offers brand name merchandise for minors,
2            including, but not limited to, clothing, toys,
3            games, or stuffed animals, that promotes a firearm
4            industry member or firearm-related product;
5                (iii) offers firearm-related products in
6            sizes, colors, or designs that are specifically
7            designed to be used by, or appeal to, minors;
8                (iv) is part of a marketing, advertising, or
9            promotion campaign designed with the intent to
10            appeal to minors;
11                (v) uses images or depictions of minors in
12            advertising or marketing, or promotion materials,
13            to depict the use of firearm-related products; or
14                (vi) is placed in a publication created for
15            the purpose of reaching an audience that is
16            predominantly composed of minors and not intended
17            for a more general audience composed of adults.
18            (B) This paragraph does not apply to
19        communications or promotional materials regarding
20        lawful recreational activity with a firearm such as,
21        but not limited to, practice shooting at targets on
22        established public or private target ranges or
23        hunting, trapping, or fishing in accordance with the
24        Wildlife Code or the Fish and Aquatic Life Code.
25        (4) Otherwise engage in unfair methods of competition
26    or unfair or deceptive acts or practices declared unlawful



HB0218 Enrolled- 6 -LRB103 03742 LNS 48748 b

1    under Section 2 of this Act.
2    (c) Paragraphs (2), (3), and (4) of subsection (b) are
3declarative of existing law and shall not be construed as new
4enactments. The provisions of these paragraphs shall apply to
5all actions commenced or pending on or after the effective
6date of this amendatory Act of the 103rd General Assembly.
7    (d) The provisions of this Section are severable under
8Section 1.31 of the Statute on Statutes.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.