Lawmakers in Illinois passed legislation banning ads for guns that officials say pose a public safety threat or that appeal to children, militants, or criminals.
On top of banning certain kinds of advertising, the Firearm Industry Responsibility Act would make it easier to file lawsuits against gun manufacturers if their firearms are used in crimes. Violating the advertising portion of the law carries the risk of a $50,000 fine and also gives the state’s attorney general the power to seek a court-ordered injunction to stop the advertising.
Illinois Democrat Governor J.D. Pritzker previously signaled his approval of the bill and said he would sign it when it reached his desk.
"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," he said. “This legislation finally protects Illinoisans from predatory actions by the firearms industry.”
Illinois joins New York, New Jersey, Delaware, Washington, California, Hawaii, and Colorado in passing legislation allowing lawsuits against firearms manufacturers or distributors for crimes committed with their guns.
Second Amendment advocacy groups like the National Shooting Sports Foundation have already mounted legal challenges against the laws in every state except Colorado, and have successfully blocked a similar law going into effect in New Jersey.
The organization expressed deep concern with the constitutionality of the Illinois legislation and claimed it’s unreasonably vague. “They're infringing on your Second Amendment rights by taking away your First Amendment rights," said Mark Oliva, a spokesman for the group, in a statement to the media.
Todd Vandermyde, a former Illinois gun rights lobbyist, warned that state Democrats were trying to circumvent banning guns through legislation by instead passing laws forcing gun manufacturers to get bogged down in court. "They're coming in the back door, attempting to bankrupt the industry by running up their legal bills while they're playing with free money," he said.
In addition to gun rights groups, Republican state lawmakers raised objections to the legislation, arguing it’s overly broad and would inevitably face legal challenges.
Illinois Democrat Attorney General Kwame Raoul cited laws aimed at preventing tobacco and vaping companies from advertising to children as justification for the ban.
“We’ve gone after the marketing that has historically driven up the consumption by minors for those products that are harmful to them,” he said. “The firearms industry shouldn’t be immune to the standards that we put on other industries.”
Guns targeted under the legislation include the JR-15, a gun advertised as a useful training rifle for adults wishing to teach children how to safely handle a firearm.
The National Shooting Sports Foundation noted that it’s already illegal for children under the age of eighteen to own a firearm, and that guns like the JR-15 have a host of safety features not found in other weapons, making them effective teaching tools.
Other advertising campaigns targeted by the legislation are those that attempt to connect a gun with widespread military or law enforcement use. Raoul claims those ads attract people interested in forming private militias.
