Illinois Slapped with Lawsuit Over Law Attacking 1A Rights

2nd Amendment – R2KBA Current Events This Week
Gun Sense University photo.
Gov. Pritzker signing the Firearm Industry Responsibility Act into law. (Photo: Everytown for Gun Safety)

Estimated reading time: 3 minutes

Following the Illinois Supreme Court’s recent affirmation of the state’s “assault weapons” ban, Gov. JB Pritzker signed the Firearm Industry Responsibility Act (FIRA) into law.

This legislation, enacted at the “Gun Sense University” conference on Saturday, aims to hold gun manufacturers accountable for “unsafe marketing practices.”

Pritzker’s Comment

“Today, I proudly signed the Firearm Industry Responsibility Act (FIRA) into law — finally holding gun manufacturers accountable for endangering the public safety and health of our people,” said Governor JB Pritzker in a press release.

“We hold opioid manufacturers accountable. Vaping companies accountable. Predatory lenders accountable. Gun manufacturers shouldn’t get to hide from the law—and now, they won’t be able to,” he continued.

How FIRA Works

Attorney General Kwame Raoul echoed this sentiment, emphasizing that no industry should evade consequences for “unlawful, unfair or deceptive conduct.”

WATCH: Kamala Harris Tells Young Anti-2A Activists They Are ‘Critical’ Five Times in 10 Seconds

He added that FIRA would enhance his office’s ability to protect the public using the Consumer Fraud and Deceptive Business Practices Act.

FIRA, known formally as HB 218, focuses on preventing gun manufacturers from employing “dangerous marketing techniques.” This includes advertising that supports unlawful “militia activity” and targeting ads with cartoons or stuffed animals at children under 18.

Earlier this year, Gov. Pritzker ratified laws to ban so-called “assault weapons” and introduce a range of other firearms regulations, highlighting his commitment to infringing on the 2A rights of law-abiding citizens.

NSSF Files Lawsuit

However, this legislative move hasn’t gone uncontested. The National Shooting Sports Foundation, the firearm industry trade association swiftly filed a legal challenge, arguing that the new law infringes upon their First Amendment rights.

Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel, voiced strong opposition, labeling the law as unconstitutional and criticizing its impact on legal firearm manufacturers and retailers.

“The flawed logic of this unconstitutional law is second only to the contempt for which the authors and Governor Pritzker hold for the Constitutionally-protected right of the citizens of his state to keep and bear arms,” said Keane. “This law bans commercial free speech, which is protected by the First Amendment.”

SEE ALSO: Illinois Supreme Court Upholds Black Rifle Ban; SAF Federal Challenge Continues

Among his criticisms is the law’s alleged ambiguity in defining what constitutes “intent to appeal to minors” in advertising and the shifting of responsibility for illegal actions from criminals to businesses.

The firearm industry highlights its collaboration with the ATF and the Justice Department to prevent illegal purchases. They argue that while they are doing their part, this new law unfairly places the burden of criminal actions on them.

The Irony of the Firearm Industry Responsibility Act

“The irony is that the firearm industry works hand-in-hand with the ATF and Justice Department to prevent illegal straw purchases of firearms while the governor signs laws that set criminals free on the streets to prey on the innocent citizens of Illinois,” said Keane.

“Just like Governor Pritzker’s signature on a law banning cash bail, this law empowers criminals and punishes those who obey the law. We are confident that this unconstitutional law will not survive,” he added.

This law is now in effect, with the ensuing legal battles and its long-term impact on Illinois gun legislation yet to unfold. Stay tuned for updates.

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  • Scott August 25, 2023, 10:52 am

    What’s needed is a law that makes the criminal use of guns a 20-year sentence, and then no chance of getting out early. We’ll stop seeing perps with 4th, 6th, and 10th arrest for another felony.

  • Hondo August 18, 2023, 1:44 pm

    There is a reason people are fleeing that shithole of a state, good job Gov. Fat body and you Marxist asshole in Chicago.

  • Paul August 18, 2023, 11:41 am

    Tort reform would make these reckless laws less likely as the Looser pays will be the result. That time is now.

  • david smith August 18, 2023, 10:55 am

    So what they’re saying is that ANY manufacturer who’s product is used in criminal activity or not for its intended purposes can be held responsible for the end user’s actions.
    How many cellphones are used for criminal activity every day in the state of Illinois?
    Do the gangs of Chicago use semaphore flags ?

  • Brian August 18, 2023, 10:53 am

    Communists don’t care for the Constitution or ANY of it’s Amendments and will only use it
    for their never ending quest for political power and a totalitarian one party rule system. They are the enemy among us.

  • Kane August 17, 2023, 10:40 pm

    OK, so who is being sued for all those overweight people on stage?

  • paul I'll call you what I want/1st Amendment August 16, 2023, 3:31 pm

    what about hollywood, the music industry, abortion doctors, prosecutors who let criminals go, and politicians who reward such bad behavior?????

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