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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1440
Introduced 2/23/2005, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
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Creates the Firearms Accountability Act. Provides that whenever any person intentionally or negligently delivers
or causes to be delivered a firearm, firearm ammunition, or
silencer to: (1) any person who is not legally authorized to
possess that item; (2) a person who is purchasing the item on
behalf of another person; or (3) any other person the
deliverer knows or has reason to know will use the item
unlawfully; the deliverer shall thereafter be civilly liable
for the commission of any subsequent tortious conduct that
directly or indirectly involves the use, attempted use, or
threatened use of the item by any person. Provides that a person bringing an
action under the Act may be entitled to recover punitive
damages if the conduct of the defendant that gave rise to the
cause of action was either intentional, reckless, or grossly negligent.
Provides that persons
subject to liability under the Act are jointly and severally liable.
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A BILL FOR
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SB1440 |
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LRB094 09590 RLC 39843 b |
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| AN ACT concerning firearms.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Firearms Accountability Act.
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| Section 5. Cause of action. Whenever any person |
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| intentionally or negligently delivers
or causes to be delivered |
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| a firearm, firearm ammunition, or
silencer to: (1) any person |
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| who is not legally authorized to
possess that item; (2) a |
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| person who is purchasing the item on
behalf of another person; |
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| or (3) any other person the
deliverer knows or has reason to |
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| know will use the item
unlawfully; the deliverer shall |
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| thereafter be civilly liable
for the commission of any |
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| subsequent tortious conduct that
directly or indirectly |
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| involves the use, attempted use, or
threatened use of the item |
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| by any person.
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| Section 10. Punitive damages. A person bringing an
action |
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| under this Act may be entitled to recover punitive
damages if |
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| the conduct of the defendant that gave rise to the
cause of |
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| action was either intentional, reckless, or grossly negligent.
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| Section 15. Joint and several liability. Persons
subject to |
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| liability under this Act are jointly and severally liable.
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| Section 20. Stay of proceedings. The prosecuting
attorney |
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| of any government or governmental subdivision or
agency may |
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| move for a stay of any proceeding brought under
this Act, to |
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| include all discovery, pending the completion of
an |
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| investigation or prosecution of a criminal case related to
the |
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| subject matter of a suit brought under this Act.
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