SB3094 102ND GENERAL ASSEMBLY

LRB102 23247 RLC 32412 b

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".

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 24-3.10 as follows:

(720 ILCS 5/24-3.10 new)

Sec. 24-3.10. Unlawful sale or use of an imitation firearm; unlawful advertisement for sale of an imitation firearm.

(a) Definition. In this Section, "imitation firearm" means a toy that is identical in appearance to an original firearm that was manufactured, designed, and produced after 1898, including:

(1) an airsoft, BB, or pellet gun firing metallic, plastic, or rubber projectiles;

(2) a paintball gun;

(3) a replica nongun or toy gun; or

(4) a water gun.

(b) Unlawful sale or use of an imitation firearm. A person commits unlawful sale or use of an imitation firearm 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:

(1)(i) the entire exterior surface of the toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or (ii) the toy or imitation firearm is constructed entirely of transparent or translucent materials that permits unmistakable observation of the imitation or toy firearm's complete contents; and

(2) the barrel of the toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with the same material of which the toy or imitation firearm is made for a distance of not less than one-half inch from the front end of the barrel; and

(3) the toy or imitation firearm has legibly stamped on the toy or imitation firearm, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and

(4) the toy or imitation firearm does not have attached to the toy or imitation firearm a laser pointer or any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

(c) Unlawful advertisement for sale of an imitation firearm. A person commits unlawful advertisement for sale of an imitation firearm 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.

(d) Civil liability. A person who violates this Section is civilly liable to a person injured as a result of the possession or use of an imitation firearm in the following circumstances:

(1) If the advertisement or sale of an imitation firearm fails to comply with the provisions of subsection (b) or (c), the manufacturer, advertiser, and seller of the non-compliant imitation firearm shall be held strictly liable for minimum damages of $500 for each advertisement or each sale of the non-compliant imitation firearm. The cause of action established under this paragraph (1) may be brought by the Attorney General or a designee of the Attorney General, a State's Attorney or a designee of a State's Attorney or on behalf of the subject of an advertisement or the purchaser of the non-compliant imitation firearm.

(2) If a person is injured or otherwise harmed as a result of the person's possession or use of a non-compliant imitation firearm, the manufacturer and seller of the imitation firearm shall be held strictly liable for minimum damages of:

(A) $50,000 for each injury to a person at least 18 years of age resulting from that person's possession or use of a non-compliant imitation firearm, or

(B) $100,000 for each injury to a person under 18 years of age resulting from that person's possession or use of a non-compliant imitation firearm.

(3) The damages established in paragraph (2) shall double if the possessor or user of the non-compliant imitation firearm dies as a result of that use. The cause of action established under paragraph (2) or this paragraph (3) may be brought by the Attorney General or a designee of the Attorney General or by the State's Attorney of the county of residence of the harmed, injured, or deceased victim or a designee of the State's Attorney, on behalf of the victim of such injury, harm, or death, or on behalf of the parents of the victim of the injury, harm, or death.

(4) If a school is disrupted or closed due to the presence of a non-compliant imitation firearm, the manufacturer and seller of the non-compliant imitation firearm shall be strictly liable for minimum damages of $50,000. The cause of action established under this paragraph (4) may be brought by the Attorney General or a designee of the Attorney General or by the State's Attorney of the county where the school is located or a designee of the State's Attorney, on behalf of the school where the disruption or closure occurred, or on behalf of the school district where the school is located and where the offense occurred.

(e) Sentence. A person who violates subsection (b) or (c) is guilty of a Class B misdemeanor. A second violation of subsection (b) or (c) is a Class A misdemeanor. A third or subsequent violation of subsection (b) or (c) is a Class 4 felony.