Public Act 103-0559

HB0218 Enrolled LRB103 03742 LNS 48748 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

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.

Section 99. Effective date. This Act takes effect upon

becoming law.