Illinois – If you are a parent in Illinois, you might think carefully about getting your child a squirt gun because a new ambiguous law has just passed. HB-218 amends the “Consumer Fraud and Deceptive Business Practices Act” leaves a lot open to interpretation.
Illinois Firearm Industry Responsibility Act, HB-218
The Firearm Industry Responsibility Act, House Bill 218, is supposed to hold gun manufacturers accountable. Like so many other bills lawmakers have come up with, many gray areas favor the person filing the lawsuit.
Rep. Jennifer Gong-Gershowitz, D-Glenview, the bill’s lead sponsor, said during floor debate:
“The Firearm Industry Responsibility Act, House Bill 218, is designed to hold gun manufacturers accountable and ensure that families devastated by gun violence have a path to justice in Illinois civil courts.”
That’s not what the bill says. The bill says “firearm industry member,” which is defined as:
“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.
House Bill 218 reads:
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for any firearm industry member, through the sale, manufacturing, importing, or marketing of a firearm-related product, to:
i) 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;
(ii) 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;
(iii) 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 unlawfully possess or use a firearm-related product.
NSSF File For An Injunction Against California’s Law
California passed a similar bill, AB 1594. The NSSF, The Firearm Industry Trade Association, recently moved for a preliminary injunction.
“NSSF’s motion argues that California’s firearm industry liability law is preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA), which was passed with bipartisan support in Congress and subsequently signed into law by President George W. Bush in 2005. The PLCAA was specifically enacted to stamp out frivolous lawsuits sought by activist politicians, gun control lawyers and greedy trial lawyers seeking to bankrupt the lawful firearm industry by blaming them and their lawfully-sold and non-defective products for the violence and harm caused by criminals who misuse firearms to commit their crimes.”
Illinois Senate Minority Leader John Curran (R-Downers Grove) said, “It really is just a blank slate for whoever the office holder happens to be, to go do whatever they want to do,”
In theory, does that mean a “PERSON” buying their child a squirt gun could be “ENCOURAGING” them to buy a firearm?
If you’re a parent and a member of an organization like the NRA, the Firearms Policy Coalition (FPC), or Gun Owners of America (GOA), you might want to reconsider purchasing certain toys for your kid until they sort things out.
