102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3094

 

Introduced 1/11/2022, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3.10 new

    Amends the Criminal Code of 2012. Creates the offense of unlawful sale or use of an imitation firearm. Provides that a person commits the offense when he or she knowingly sells or offers for sale, possesses, or uses or attempts to use or give away, any imitation firearm that substantially duplicates or can reasonably be perceived to be an actual firearm unless certain circumstances are present. Creates the offense of unlawful advertisement for sale of an imitation firearm. Provides that a person commits the offense when he or she knowingly disseminates marketing materials for a non-compliant imitation firearm, makes available for sale a non-compliant imitation firearm, or is directly involved with the marketing or sale of an imitation firearm. Establish criminal penalties for violation. Provides that a person who violates these provisions is civilly liable to a person injured as a result of the possession or use of an imitation firearm. Defines "imitation firearm".


LRB102 23247 RLC 32412 b

 

 

A BILL FOR

 

SB3094LRB102 23247 RLC 32412 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 24-3.10 as follows:
 
6    (720 ILCS 5/24-3.10 new)
7    Sec. 24-3.10. Unlawful sale or use of an imitation
8firearm; unlawful advertisement for sale of an imitation
9firearm.
10    (a) Definition. In this Section, "imitation firearm" means
11a toy that is identical in appearance to an original firearm
12that was manufactured, designed, and produced after 1898,
13including:
14        (1) an airsoft, BB, or pellet gun firing metallic,
15    plastic, or rubber projectiles;
16        (2) a paintball gun;
17        (3) a replica nongun or toy gun; or
18        (4) a water gun.
19    (b) Unlawful sale or use of an imitation firearm. A person
20commits unlawful sale or use of an imitation firearm when he or
21she knowingly sells or offers for sale, possesses, or uses or
22attempts to use or give away, any imitation firearm that
23substantially duplicates or can reasonably be perceived to be

 

 

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1an actual firearm unless:
2        (1)(i) the entire exterior surface of the toy or
3    imitation firearm is colored white, bright red, bright
4    orange, bright yellow, bright green, bright blue, bright
5    pink, or bright purple, either singly or as the
6    predominant color in combination with other colors in any
7    pattern; or (ii) the toy or imitation firearm is
8    constructed entirely of transparent or translucent
9    materials that permits unmistakable observation of the
10    imitation or toy firearm's complete contents; and
11        (2) the barrel of the toy or imitation firearm, other
12    than the barrel of any such toy or imitation firearm that
13    is a water gun, is closed with the same material of which
14    the toy or imitation firearm is made for a distance of not
15    less than one-half inch from the front end of the barrel;
16    and
17        (3) the toy or imitation firearm has legibly stamped
18    on the toy or imitation firearm, the name of the
19    manufacturer or some trade name, mark or brand by which
20    the manufacturer can be readily identified; and
21        (4) the toy or imitation firearm does not have
22    attached to the toy or imitation firearm a laser pointer
23    or any device that emits light amplified by the stimulated
24    emission of radiation that is visible to the human eye.
25    (c) Unlawful advertisement for sale of an imitation
26firearm. A person commits unlawful advertisement for sale of

 

 

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1an imitation firearm when he or she knowingly disseminates
2marketing materials for a non-compliant imitation firearm,
3makes available for sale a non-compliant imitation firearm, or
4is directly involved with the marketing or sale of an
5imitation firearm.
6    (d) Civil liability. A person who violates this Section is
7civilly liable to a person injured as a result of the
8possession or use of an imitation firearm in the following
9circumstances:
10        (1) If the advertisement or sale of an imitation
11    firearm fails to comply with the provisions of subsection
12    (b) or (c), the manufacturer, advertiser, and seller of
13    the non-compliant imitation firearm shall be held strictly
14    liable for minimum damages of $500 for each advertisement
15    or each sale of the non-compliant imitation firearm. The
16    cause of action established under this paragraph (1) may
17    be brought by the Attorney General or a designee of the
18    Attorney General, a State's Attorney or a designee of a
19    State's Attorney or on behalf of the subject of an
20    advertisement or the purchaser of the non-compliant
21    imitation firearm.
22        (2) If a person is injured or otherwise harmed as a
23    result of the person's possession or use of a
24    non-compliant imitation firearm, the manufacturer and
25    seller of the imitation firearm shall be held strictly
26    liable for minimum damages of:

 

 

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1            (A) $50,000 for each injury to a person at least 18
2        years of age resulting from that person's possession
3        or use of a non-compliant imitation firearm, or
4            (B) $100,000 for each injury to a person under 18
5        years of age resulting from that person's possession
6        or use of a non-compliant imitation firearm.
7        (3) The damages established in paragraph (2) shall
8    double if the possessor or user of the non-compliant
9    imitation firearm dies as a result of that use. The cause
10    of action established under paragraph (2) or this
11    paragraph (3) may be brought by the Attorney General or a
12    designee of the Attorney General or by the State's
13    Attorney of the county of residence of the harmed,
14    injured, or deceased victim or a designee of the State's
15    Attorney, on behalf of the victim of such injury, harm, or
16    death, or on behalf of the parents of the victim of the
17    injury, harm, or death.
18        (4) If a school is disrupted or closed due to the
19    presence of a non-compliant imitation firearm, the
20    manufacturer and seller of the non-compliant imitation
21    firearm shall be strictly liable for minimum damages of
22    $50,000. The cause of action established under this
23    paragraph (4) may be brought by the Attorney General or a
24    designee of the Attorney General or by the State's
25    Attorney of the county where the school is located or a
26    designee of the State's Attorney, on behalf of the school

 

 

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1    where the disruption or closure occurred, or on behalf of
2    the school district where the school is located and where
3    the offense occurred.
4    (e) Sentence. A person who violates subsection (b) or (c)
5is guilty of a Class B misdemeanor. A second violation of
6subsection (b) or (c) is a Class A misdemeanor. A third or
7subsequent violation of subsection (b) or (c) is a Class 4
8felony.