ST. LOUIS, Mo. (KMOV) - Illinois took another aggressive step towards gun control recently, this time targeting companies that make firearms and their products.
“Thoughts and prayers just don’t do it anymore.”
Specifically, HB 281, which was signed by Gov. JB Pritzker on Friday, allows gun companies to be sued in court if they knowingly cause harm for unsafe marketing of the weapons.
For example, if gun manufacturers show ads that market to children or show private militia activity, they could go to court and potentially have to pay damages.
“We hold opioid manufacturers accountable, we hold vaping companies accountable, we hold predatory lenders accountable, gun manufacturers shouldn’t get to hide from the law, and now they won’t be able to,” said Pritzker on Friday.
But there’s plenty of opposition statewide and in the Metro East.
“It’s obvious that the state does not like the firearms industry, and they would like it to go away,” said Scott Pulaski, owner of Pieasa Armory in Alton.
He said after the state passed a bill banning semi-automatic weapons, his business tanked, selling half of what he normally sells.
“A lot of people, their purchases were not allowed to be picked up, so the state basically stole their items that they legally paid for,” said Pulaski.
He doesn’t like this new law either.
Pulaski pointed to a 2005 federal law, ‘The Protection of Lawful Commerce In Arms Act, which provides guidelines on when you can and cannot sue gun manufacturers.
“You absolutely can sue a gun manufacturer,” said Pulaski. “If I design a bad firearm that’s unsafe, and I know it, then I can absolutely be sued for that.”
That is a clear example of when a gun company could be liable.
But that federal law has some gray area, allowing for possible state action dealing with the marketing of firearms.
That portion could give Illinois a carveout to enforce its new law.
“We’ve had enough, we wanted action, and together we got it done,” said Pritzker.
And just like the bill banning semi-automatic weapons, which just recently got the legal go-ahead to be enforced, the gun manufacturer bill very likely will be subject to a court battle.
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