Full Text of HB0218 103rd General Assembly
HB0218ham001 103RD GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices 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 | 10 | | Firearm Owners Identification Card Act. | 11 | | "Firearm accessory" means an attachment or device designed | 12 | | or adapted to be inserted into, affixed onto, or used in | 13 | | conjunction with a firearm that is designed, intended, or | 14 | | functions to alter or enhance (i) the firing capabilities of a | 15 | | firearm, frame, or receiver, (ii) the lethality of the | 16 | | firearm, or (iii) a shooter's ability to hold and use a |
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| 1 | | firearm. | 2 | | "Firearm ammunition" has the meaning set forth in Section | 3 | | 1.1 of the Firearm Owners Identification Card Act. | 4 | | "Firearm industry member" means a person, firm, | 5 | | corporation, company, partnership, society, joint stock | 6 | | company, or any other entity or association engaged in the | 7 | | design, manufacture, distribution, importation, marketing, | 8 | | wholesale, or retail sale of firearm-related products, | 9 | | including sales by mail, telephone, or Internet or in-person | 10 | | sales. | 11 | | "Firearm-related product" means a firearm, firearm | 12 | | ammunition, a firearm precursor part, a firearm component, or | 13 | | a firearm accessory that meets any of the following | 14 | | conditions: | 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 | 23 | | purchases or attempts to purchase a firearm-related product | 24 | | with intent to deliver that firearm-related product to another | 25 | | person who is prohibited by federal or State law from | 26 | | possessing a firearm-related product or (ii) intentionally |
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| 1 | | provides false or misleading information on a Bureau of | 2 | | Alcohol, Tobacco, Firearms and Explosives firearms transaction | 3 | | record form to purchase a firearm-related product with the | 4 | | intent to deliver that firearm-related product to another | 5 | | person. | 6 | | "Unlawful paramilitary or private militia" means a group | 7 | | of armed individuals, organized privately, in violation of the | 8 | | Military Code of Illinois and Section 2 of Article XII of the | 9 | | Illinois Constitution. | 10 | | (b) It is an unlawful practice within the meaning of this | 11 | | Act for any firearm industry member, through the sale, | 12 | | manufacturing, importing, or marketing of a firearm-related | 13 | | product, 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 | 10 | | declarative of existing law and shall not be construed as new | 11 | | enactments. The provisions of these paragraphs shall apply to | 12 | | all actions commenced or pending on or after the effective | 13 | | date of this amendatory Act of the 103rd General Assembly. | 14 | | (d) The provisions of this Section are severable under | 15 | | Section 1.31 of the Statute on Statutes.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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