Bill Text: IL SB3094 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Creates the offense of unlawful sale or use of an imitation firearm. Provides that a person commits the offense when he or she knowingly sells or offers for sale, possesses, or uses or attempts to use or give away, any imitation firearm that substantially duplicates or can reasonably be perceived to be an actual firearm unless certain circumstances are present. Creates the offense of unlawful advertisement for sale of an imitation firearm. Provides that a person commits the offense when he or she knowingly disseminates marketing materials for a non-compliant imitation firearm, makes available for sale a non-compliant imitation firearm, or is directly involved with the marketing or sale of an imitation firearm. Establish criminal penalties for violation. Provides that a person who violates these provisions is civilly liable to a person injured as a result of the possession or use of an imitation firearm. Defines "imitation firearm".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-11 - Referred to Assignments [SB3094 Detail]

Download: Illinois-2021-SB3094-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3094 Introduced 1/11/2022, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-3.10 new
Amends the Criminal Code of 2012. Creates the offense of unlawful sale or use of an imitation firearm. Provides that a person commits the offense when he or she knowingly sells or offers for sale, possesses, or uses or attempts to use or give away, any imitation firearm that substantially duplicates or can reasonably be perceived to be an actual firearm unless certain circumstances are present. Creates the offense of unlawful advertisement for sale of an imitation firearm. Provides that a person commits the offense when he or she knowingly disseminates marketing materials for a non-compliant imitation firearm, makes available for sale a non-compliant imitation firearm, or is directly involved with the marketing or sale of an imitation firearm. Establish criminal penalties for violation. Provides that a person who violates these provisions is civilly liable to a person injured as a result of the possession or use of an imitation firearm. Defines "imitation firearm".
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 24-3.10 as follows:
(720 ILCS 5/24-3.10 new)
Sec. 24-3.10. Unlawful sale or use of an imitation
firearm; unlawful advertisement for sale of an imitation
firearm.
(a) Definition. In this Section, "imitation firearm" means
a toy that is identical in appearance to an original firearm
that was manufactured, designed, and produced after 1898,
including:
(1) an airsoft, BB, or pellet gun firing metallic,
plastic, or rubber projectiles;
(2) a paintball gun;
(3) a replica nongun or toy gun; or
(4) a water gun.
(b) Unlawful sale or use of an imitation firearm. A person
commits unlawful sale or use of an imitation firearm when he or
she knowingly sells or offers for sale, possesses, or uses or
attempts to use or give away, any imitation firearm that
substantially duplicates or can reasonably be perceived to be

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an actual firearm unless:
(1)(i) the entire exterior surface of the toy or
imitation firearm is colored white, bright red, bright
orange, bright yellow, bright green, bright blue, bright
pink, or bright purple, either singly or as the
predominant color in combination with other colors in any
pattern; or (ii) the toy or imitation firearm is
constructed entirely of transparent or translucent
materials that permits unmistakable observation of the
imitation or toy firearm's complete contents; and
(2) the barrel of the toy or imitation firearm, other
than the barrel of any such toy or imitation firearm that
is a water gun, is closed with the same material of which
the toy or imitation firearm is made for a distance of not
less than one-half inch from the front end of the barrel;
and
(3) the toy or imitation firearm has legibly stamped
on the toy or imitation firearm, the name of the
manufacturer or some trade name, mark or brand by which
the manufacturer can be readily identified; and
(4) the toy or imitation firearm does not have
attached to the toy or imitation firearm a laser pointer
or any device that emits light amplified by the stimulated
emission of radiation that is visible to the human eye.
(c) Unlawful advertisement for sale of an imitation
firearm. A person commits unlawful advertisement for sale of

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an imitation firearm when he or she knowingly disseminates
marketing materials for a non-compliant imitation firearm,
makes available for sale a non-compliant imitation firearm, or
is directly involved with the marketing or sale of an
imitation firearm.
(d) Civil liability. A person who violates this Section is
civilly liable to a person injured as a result of the
possession or use of an imitation firearm in the following
circumstances:
(1) If the advertisement or sale of an imitation
firearm fails to comply with the provisions of subsection
(b) or (c), the manufacturer, advertiser, and seller of
the non-compliant imitation firearm shall be held strictly
liable for minimum damages of $500 for each advertisement
or each sale of the non-compliant imitation firearm. The
cause of action established under this paragraph (1) may
be brought by the Attorney General or a designee of the
Attorney General, a State's Attorney or a designee of a
State's Attorney or on behalf of the subject of an
advertisement or the purchaser of the non-compliant
imitation firearm.
(2) If a person is injured or otherwise harmed as a
result of the person's possession or use of a
non-compliant imitation firearm, the manufacturer and
seller of the imitation firearm shall be held strictly
liable for minimum damages of:

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(A) $50,000 for each injury to a person at least 18
years of age resulting from that person's possession
or use of a non-compliant imitation firearm, or
(B) $100,000 for each injury to a person under 18
years of age resulting from that person's possession
or use of a non-compliant imitation firearm.
(3) The damages established in paragraph (2) shall
double if the possessor or user of the non-compliant
imitation firearm dies as a result of that use. The cause
of action established under paragraph (2) or this
paragraph (3) may be brought by the Attorney General or a
designee of the Attorney General or by the State's
Attorney of the county of residence of the harmed,
injured, or deceased victim or a designee of the State's
Attorney, on behalf of the victim of such injury, harm, or
death, or on behalf of the parents of the victim of the
injury, harm, or death.
(4) If a school is disrupted or closed due to the
presence of a non-compliant imitation firearm, the
manufacturer and seller of the non-compliant imitation
firearm shall be strictly liable for minimum damages of
$50,000. The cause of action established under this
paragraph (4) may be brought by the Attorney General or a
designee of the Attorney General or by the State's
Attorney of the county where the school is located or a
designee of the State's Attorney, on behalf of the school

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where the disruption or closure occurred, or on behalf of
the school district where the school is located and where
the offense occurred.
(e) Sentence. A person who violates subsection (b) or (c)
is guilty of a Class B misdemeanor. A second violation of
subsection (b) or (c) is a Class A misdemeanor. A third or
subsequent violation of subsection (b) or (c) is a Class 4
felony.