HB0218 EngrossedLRB103 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 
17firearm.
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, 
 
 
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1wholesale, or retail sale of firearm-related products, 
2including sales by mail, telephone, or Internet or in-person 
3sales.
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 
7conditions:
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 
24person.
25 "Unlawful paramilitary or private militia" means a group 
26of armed individuals, organized privately, in violation of the 
 
 
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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, 
 
 
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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; 
 
 
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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 
 
 
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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.