Rep. Jennifer Gong-Gershowitz
Filed: 5/9/2023
 
 


 




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1
AMENDMENT TO HOUSE BILL 218




2 AMENDMENT NO. ______. Amend House Bill 218 by replacing 
3everything after the enacting clause with the following:


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 
 
 
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1firearm.
2 "Firearm ammunition" has the meaning set forth in Section 
31.1 of the Firearm Owners Identification Card Act.
4 "Firearm industry member" means a person, firm, 
5corporation, company, partnership, society, joint stock 
6company, or any other entity or association engaged in the 
7design, manufacture, distribution, importation, marketing, 
8wholesale, or retail sale of firearm-related products, 
9including sales by mail, telephone, or Internet or in-person 
10sales.
11 "Firearm-related product" means a firearm, firearm 
12ammunition, a firearm precursor part, a firearm component, or 
13a firearm accessory that meets any of the following 
14conditions:
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 
23purchases or attempts to purchase a firearm-related product 
24with intent to deliver that firearm-related product to another 
25person who is prohibited by federal or State law from 
26possessing a firearm-related product or (ii) intentionally 
 
 
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1provides false or misleading information on a Bureau of 
2Alcohol, Tobacco, Firearms and Explosives firearms transaction 
3record form to purchase a firearm-related product with the 
4intent to deliver that firearm-related product to another 
5person.
6 "Unlawful paramilitary or private militia" means a group 
7of armed individuals, organized privately, in violation of the 
8Military Code of Illinois and Section 2 of Article XII of the 
9Illinois Constitution.
10 (b) It is an unlawful practice within the meaning of this 
11Act for any firearm industry member, through the sale, 
12manufacturing, importing, or marketing of a firearm-related 
13product, 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 
10declarative of existing law and shall not be construed as new 
11enactments. The provisions of these paragraphs shall apply to 
12all actions commenced or pending on or after the effective 
13date of this amendatory Act of the 103rd General Assembly. 
14 (d) The provisions of this Section are severable under 
15Section 1.31 of the Statute on Statutes.



16 Section 99. Effective date. This Act takes effect upon 
17becoming law.".