Gun Industry Immunity
In Illinois, owners or operators of firearm ranges that were already in existence as of January 1, 1994 are not subject to any action for public or private nuisance or trespass, and no court may enjoin the use or operation of a firearm range on the basis of noise or sound emissions resulting from the normal use of the firearm range.1 Owners or operators of firearm ranges placed in operation after January 1, 1994 are not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range, if the firearm range conforms to any one of the following requirements:
- All areas from which a firearm may be properly discharged are at least 1,000 yards from any occupied permanent dwelling on adjacent property;
- All areas from which a firearm may be properly discharged are enclosed by a permanent building or structure that absorbs or contains sound energy escaping from the muzzle of firearms in use;
- If the firearm range is situated on land otherwise subject to land use zoning, the firearm range is in compliance with the requirements of the zoning authority;
- The firearm range is operated by a governmental entity or is licensed by the Department of Natural Resources; or
- The firearm range met the 1,000-yard restriction described in the first bullet point, above, at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 1,000 yards from an area of the range from which a firearm may be properly discharged.2
Victim’s Access to Justice
In 2023, Illinois became the 8th state in the nation to enact a Victim’s Access to Justice Law that enables gun violence victims to sue bad gun industry actors.
As discussed in more detail on the Gun Industry Immunity policy page, a federal law called the Protection of Lawful Commerce in Arms Act (PLCAA) provides many firearm industry defendants with broad civil immunity from many common law tort actions. The federal industry immunity law also provides some important exceptions, including what has been called the “predicate exception,” which authorizes plaintiffs to bring civil actions against a firearm industry defendant who has knowingly violated a statute applicable to the sale or marketing of a firearm or certain other related products, if the violation was a proximate cause of the plaintiffs’ harm. There has been significant litigation in some cases over whether generally applicable state laws, such as broadly applicable consumer protection, unfair trade practice, or public nuisance laws, qualify as valid predicate statutes under PLCAA, or whether PLCAA’s predicate exception instead requires that the underlying state law more specifically regulate firearms.
Illinois’s 2023 law removes any ambiguity on that question and expressly codifies a firearm industry standard of conduct with obligations and prohibitions that are unquestionably and specifically applicable to the sale and marketing of firearms.
The law prohibits any firearm industry member, through the sale, manufacturing, importing, or marketing of a firearm-related product, from doing the following:3
- 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:
- 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;
- Prevent the loss or theft of a firearm-related product from the firearm industry member; or
- 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.
- 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.
- 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.
- 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:
- Uses caricatures that reasonably appear to be minors or cartoon characters;
- 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;
- Offers firearm-related products in sizes, colors, or designs that are specifically designed to be used by, or appeal to, minors;
- Is part of a marketing, advertising, or promotion campaign designed with the intent to appeal to minors;
- Uses images or depictions of minors in advertising or marketing, or promotion materials, to depict the use of firearm-related products; or
- 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.
- 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:
- Otherwise engage in unfair methods of competition or unfair or deceptive acts or practices declared unlawful under Section 2 of this Act.
MEDIA REQUESTS
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