The [Democrat] Governor of Illinois signed HB 218 on Monday, August 14th, 2023, which went into effect immediately.
The legislation added Section 815 ILCS 505/2BBB to the Illinois Compiled Statutes. The new law contains several ambiguous provisions designed to eliminate the safeguards provided by the Protection of Lawful Commerce in Arms Act and inflict serious – and potentially decisive – financial harm on firearms industry members. Among the provisions of the Act:
- It is an unlawful practice for a firearm industry member to “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…”
- It is an unlawful practice for a firearm industry member to “advertise, market, or promote a firearm-related product in a manner that reasonably appears to…recommend, or encourage individuals to engage in unlawful paramilitary or private militia activity in Illinois…”
- It is an unlawful practice for a firearm industry member to “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” [use a firearm-related product] and in so determining whether any firearm industry member’s conduct would so “reasonably appear” to support such conduct the court should consider the following:
- Whether the marketing or advertising uses caricatures that reasonably appear to be minors or cartoon characters
- Whether the firearm industry member offers merchandise for minors, including clothing, toys, games, or stuffed animals that promote the industry member
- Whether the industry member offers “firearm-related products” in sizes, colors, or designs that appeal to minors
- Whether the industry member has a marketing, advertising, or promotional campaign designed with the intent to appeal to minors
- Whether the firearms industry member uses images or depictions of minors in advertising or promotional material
(This provision purports to permit promotional materials regarding “lawful recreational activity” with a firearm)
Reading through the new law one can see that there are many references to “reasonable” and “unreasonable” conduct. The troubling issue for the industry is that reasonableness is often a matter to be decided by the judge or jury. This generally means that potential liability or lack thereof is often not determined until tens or hundreds of thousands of dollars are spent on attorneys’ fees litigating these matters. Industry members should be closely reviewing not only their sales and distribution practices but also their marketing and promotional materials to avoid as much as possible raising any doubt about running afoul of such laws and exposing themselves to risk of litigation.
Click here to learn more about Illinois HB 218 or contact Orchid to obtain US-wide monitoring firearm bill monitoring and state restriction services with Orchid eState.
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seems like there are a number of First Amendment related violations highlighted in this article along with A LOT of ambiguous language.
shouldn’t laws be written in a concise fashion? especially to get rid of the ambiguity, making it easier to know if you are violating the law instead of the government coming after you because they think you are.
it is obvious that not much thought, but a whole lot of feelings, is put into legislation in blue states.
12 million people in Illinois. 8 million in the Chicago area. (Don’t quote the numbers, they’re close enough to make the point.) Downstate is predominantly red and conservative as shown in the 2022 elections. Chicago is blue and will vote for anything the democrats tell them to! This state is screwed! But that’s the situation everywhere. The urban society outvotes the rural society every time. It’s still the greatest country on earth, but I fear for it’s future with the liberal mentality that’s taking over the country. Funny how you don’t see very much of the left wing liberal B.S.… Read more »
Most of govt. has gone tyrannically rogue.
You deserve the Tyrants and the Tyranny…You Allow. nuff said.