SPRINGFIELD, Ill. (WAND) — State Democratic lawmakers have approved a plan to hold the firearm industry accountable for unlawful tactics leading to gun violence.

Illinois Attorney General Kwame Raoul led the push for this plan as he believes the industry shouldn't be allowed to sell guns to straw purchasers or market weapons to paramilitary or private militias like the insurrectionists seen on January 6, 2021.

House and Senate Democrats say every family devastated by gun violence should have an opportunity to sue gun manufacturers to seek justice. The plan would also prevent gun manufacturers and distributors from marketing or selling firearms to minors.

"If you think it is far-fetched, I'm looking at an ad from Wee 1 Tactical with cartoon characters marketing the JR-15, the junior 15 that looks like an AR-15," Harmon said during debate Thursday. "It encourages you to get them one like yours but smaller, safer, lighter."

The legislation could make it unlawful for gun manufacturers to knowingly create, maintain, or contribute to a condition that endangers the safety or health of the public by failing to establish reasonable safeguards.

Still, Senate Republicans believe this change will be found unconstitutional.

"It really just sets a whole myriad of additional liabilities for gun dealers," said Senate GOP Leader John Curran (R-Downers Grove). "And quite frankly, there's parts of it that would be impossible for them to follow or they would not know."

The Illinois State Rifle Association and Illinois Federation of Outdoor Resources argued last week that the bill language is too vague and could lead to unintended consequences.

"There are trap shooting teams in downstate Illinois. There are out-of-state companies that engage in partnerships with them to provide discounted ammunition," said lobbyist Josh Witkowski. "We are worried that these partnerships will dissolve because these companies are going to be worried about the language contained in this act."

Republicans and gun advocates have already threatened to challenge the bill in court if it becomes law. However, Harmon said this change will not conflict with federal law.

House Bill 218 passed out of the Senate on a 34-22 vote and now heads to Gov. JB Pritzker's desk. Pritzker released a statement shortly after the floor debate celebrating the bill's passage.

"Gun violence is a public health epidemic, and those who encourage unlawful use of a firearm or target sales of firearms to minors worsen the scourge of gun violence in our communities," Pritzker said. "This legislation finally protects Illinoisans from predatory actions by the firearm industry. I intend to sign this bill into law and clarify the Attorney General's ability to hold reckless manufacturers and advertisers accountable for their actions."

Illinois guns

Harmon also stressed that these are reasonable, manageable steps to help curb the scourge of violence in Illinois. The Attorney General's office noted that the plan excludes marketing materials for lawful firearm safety programs, instructional courses, hunting activities, and sport shooting events.

"No single industry should be given a free pass to engage in unlawful, unfair or deceptive conduct," Raoul said. "The Firearms Industry Responsibility Act clarifies my office’s ability to use the Consumer Fraud and Deceptive Business Practices Act, which is a tool to hold businesses accountable for fraudulent or deceptive practices through civil litigation." 

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