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Public Act 103-0559 | ||||
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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: | ||||
(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, |
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 |
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, |
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; |
(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 |
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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