Public Act 103-0559
 
HB0218 EnrolledLRB103 03742 LNS 48748 b



    AN ACT concerning civil law.

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






 
 
    Section 5. The Consumer Fraud and Deceptive Business 
Practices Act is amended  by adding Section 2BBBB as follows:
 
    (815 ILCS 505/2BBBB new)
    Sec. 2BBBB. Sale and marketing of firearms.
    (a)  As used in this Section:
    "Firearm" has the meaning set forth in Section 1.1 of the 
Firearm Owners Identification Card Act.
    "Firearm accessory" means an attachment or device designed 
or adapted to be inserted into, affixed onto, or used in 
conjunction with a firearm that is designed, intended, or 
functions to alter or enhance (i) the firing capabilities of a 
firearm, frame, or receiver, (ii) the lethality of the 
firearm, or (iii) a shooter's ability to hold and use a 
firearm.
    "Firearm ammunition" has the meaning set forth in Section 
1.1 of the Firearm Owners Identification Card Act.
    "Firearm industry member" means a person, firm, 
corporation, company, partnership, society, joint stock 
company, or any other entity or association engaged in the 
design, manufacture, distribution, importation, marketing, 
wholesale, or retail sale of firearm-related products, 
including  sales by mail, telephone, or Internet or in-person 
sales.
    "Firearm-related product" means a firearm, firearm 
ammunition, a firearm precursor part, a firearm component, or 
a firearm accessory that meets any of the following 
conditions:
        (1)  the item is sold, made, or distributed in 
    Illinois;
        (2)  the item is intended to be sold or distributed in 
    Illinois; or
        (3)  the item is or was possessed in Illinois, and it 
    was reasonably foreseeable that the item would be 
    possessed in Illinois.
    "Straw purchaser" means a person who (i) knowingly 
purchases or attempts to purchase a firearm-related product 
with intent to deliver that firearm-related product to another 
person who is prohibited by federal or State law from 
possessing a firearm-related product or (ii) intentionally 
provides false or misleading information on a Bureau of 
Alcohol, Tobacco, Firearms and Explosives firearms transaction 
record form to purchase a firearm-related product with the 
intent to deliver that firearm-related product to another 
person.
    "Unlawful paramilitary or private militia" means a group 
of armed individuals, organized privately, in violation of the 
Military Code of Illinois and Section 2 of Article XII of the 
Illinois Constitution.
    (b)  It is an unlawful practice within the meaning of this 
Act for any firearm industry member, through the sale, 
manufacturing, importing, or marketing of a firearm-related 
product, to do any of the following:
        (1) Knowingly create, maintain, or contribute to a 
    condition in Illinois that endangers the safety or health 
    of the public by conduct either unlawful in itself or 
    unreasonable under all circumstances, including failing to 
    establish or utilize reasonable controls. Reasonable 
    controls include reasonable procedures, safeguards, and 
    business practices that are designed to:
            (A) prevent the sale or distribution of a 
        firearm-related product to a straw purchaser, a person 
        prohibited by law from possessing a firearm, or a 
        person who the firearm industry member has reasonable 
        cause to believe is at substantial risk of using a 
        firearm-related product to harm themselves or another 
        individual or of possessing or using a firearm-related 
        product unlawfully;
            (B) prevent the loss or theft of a firearm-related 
        product from the firearm industry member; or
            (C) comply with all provisions of applicable 
        local, State, and federal law, and do not otherwise 
        promote the unlawful manufacture, sale, possession, 
        marketing, or use of a firearm-related product.
        (2) Advertise, market, or promote a firearm-related 
    product in a manner that reasonably appears to support, 
    recommend, or encourage individuals to engage in unlawful 
    paramilitary or private militia activity in Illinois, or 
    individuals who are not in the National Guard, United 
    States armed forces reserves, United States armed forces, 
    or any duly authorized military organization to use a 
    firearm-related product for a military-related purpose in 
    Illinois.
        (3) Except as otherwise provided, advertise, market, 
    promote, design, or sell any firearm-related product in a 
    manner that reasonably appears to support, recommend, or 
    encourage persons under 18 years of age to unlawfully 
    purchase or possess or use a firearm-related product in 
    Illinois.
            (A) In determining whether the conduct of a 
        firearm industry member, as described in this 
        paragraph, reasonably appears to support, recommend, 
        or encourage persons under 18 years of age to 
        unlawfully purchase a firearm-related product, a court 
        shall consider the totality of the circumstances, 
        including, but not limited to, whether the marketing, 
        advertising promotion, design, or sale:
                (i) uses caricatures that reasonably appear to 
            be minors or cartoon characters; 
                (ii) offers brand name merchandise for minors, 
            including, but not limited to, clothing, toys, 
            games, or stuffed animals, that promotes a firearm 
            industry member or firearm-related product;
                (iii) offers firearm-related products in 
            sizes, colors, or designs that are specifically 
            designed to be used by, or appeal to, minors; 
                (iv) is part of a marketing, advertising, or 
            promotion campaign designed with the intent to 
            appeal to minors; 
                (v) uses images or depictions of minors in 
            advertising or marketing, or promotion materials, 
            to depict the use of firearm-related products; or 
                (vi) is placed in a publication created for 
            the purpose of reaching an audience that is 
            predominantly composed of minors and not intended 
            for a more general audience composed of adults. 
            (B) This paragraph does not apply to 
        communications or promotional materials regarding 
        lawful recreational activity with a firearm such as, 
        but not limited to, practice shooting at targets on  
        established public or private target ranges or 
        hunting, trapping, or fishing in accordance with the 
        Wildlife Code or the Fish and Aquatic Life Code.
        (4) Otherwise engage in unfair methods of competition 
    or unfair or deceptive acts or practices declared unlawful 
    under Section 2 of this Act.
    (c) Paragraphs (2), (3), and (4) of subsection (b) are 
declarative of existing law and shall not be construed as new 
enactments. The provisions of these paragraphs shall apply to 
all actions commenced or pending on or after the effective 
date of this amendatory Act of the 103rd General Assembly. 
    (d) The provisions of this Section are severable under 
Section 1.31 of the Statute on Statutes.
  
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.