Illinois General Assembly - Full Text of HB0218
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Full Text of HB0218  103rd General Assembly


Rep. Jennifer Gong-Gershowitz

Filed: 5/9/2023





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2    AMENDMENT NO. ______. Amend House Bill 218 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Consumer Fraud and Deceptive Business
5Practices 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
10Firearm Owners Identification Card Act.
11    "Firearm accessory" means an attachment or device designed
12or adapted to be inserted into, affixed onto, or used in
13conjunction with a firearm that is designed, intended, or
14functions to alter or enhance (i) the firing capabilities of a
15firearm, frame, or receiver, (ii) the lethality of the
16firearm, or (iii) a shooter's ability to hold and use a



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2    "Firearm ammunition" has the meaning set forth in Section
31.1 of the Firearm Owners Identification Card Act.
4    "Firearm industry member" means a person, firm,
5corporation, company, partnership, society, joint stock
6company, or any other entity or association engaged in the
7design, manufacture, distribution, importation, marketing,
8wholesale, or retail sale of firearm-related products,
9including sales by mail, telephone, or Internet or in-person
11    "Firearm-related product" means a firearm, firearm
12ammunition, a firearm precursor part, a firearm component, or
13a firearm accessory that meets any of the following
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
23purchases or attempts to purchase a firearm-related product
24with intent to deliver that firearm-related product to another
25person who is prohibited by federal or State law from
26possessing a firearm-related product or (ii) intentionally



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1provides false or misleading information on a Bureau of
2Alcohol, Tobacco, Firearms and Explosives firearms transaction
3record form to purchase a firearm-related product with the
4intent to deliver that firearm-related product to another
6    "Unlawful paramilitary or private militia" means a group
7of armed individuals, organized privately, in violation of the
8Military Code of Illinois and Section 2 of Article XII of the
9Illinois Constitution.
10    (b) It is an unlawful practice within the meaning of this
11Act for any firearm industry member, through the sale,
12manufacturing, importing, or marketing of a firearm-related
13product, 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
10declarative of existing law and shall not be construed as new
11enactments. The provisions of these paragraphs shall apply to
12all actions commenced or pending on or after the effective
13date of this amendatory Act of the 103rd General Assembly.
14    (d) The provisions of this Section are severable under
15Section 1.31 of the Statute on Statutes.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".