102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4150
 
Introduced , by Rep. Margaret Croke
 
SYNOPSIS AS INTRODUCED:



New Act

 Creates the Bring Responsible Enforcement Targeting Those Knowingly Advancing Violence And Needlessly Abetting Unlawful Gun Homicides ("BRETT KAVANAUGH") Act. Provides that any manufacturer, importer, or dealer of a firearm or firearm ammunition shall be held strictly liable for any bodily injury or death if the bodily injury or death proximately results from the unlawful discharge of the firearm in the State. Allows any person, other than an officer or employee of a State or local governmental entity, to bring a civil action against any person or entity who violates the Act. Requires the court to award a prevailing claimant: (1) injunctive relief; (2) statutory damages in an amount of not less than $10,000 for each individual injured or killed by a firearm or firearm ammunition that the defendant manufactured, imported, or dealt; and (3) costs and attorney's fees. Provides for various limitations.



LRB102 20273 LNS 29125 b


 
 
A BILL FOR
 


HB4150LRB102 20273 LNS 29125 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the Bring 
5Responsible Enforcement Targeting Those Knowingly Advancing 
6Violence And Needlessly Abetting Unlawful Gun Homicides 
7("BRETT KAVANAUGH") Act.

8 Section 5. Findings. The General Assembly finds, according 
9to contemporary medical research, that:
10  (1) firearms pose a risk to State residents' health 
11 and life;
12  (2) the discharge of firearms in an unlawful manner to 
13 cause bodily injury or death have become a key medical 
14 predictor that the health and life of a State resident is 
15 endangered;
16  (3) the discharge of firearms in an unlawful manner 
17 that causes bodily injury or death does not advance either 
18 an individual or collective right to keep or bear arms 
19 under the Second Amendment of the United States 
20 Constitution; and
21  (4) the State has compelling interest in protecting 
22 the health and the life of State residents

 
 
HB4150- 2 -LRB102 20273 LNS 29125 b


1 Section 10. Definitions. As used in this Act:
2 "Dealer" means any person or entity that transfers a 
3firearm or firearm ammunition to another person or entity.
4 "Firearm" has the same meaning as in the Firearm Owners 
5Identification Card Act.
6 "Firearm ammunition" has the same meaning as in the 
7Firearm Owners Identification Card Act.
8 "Importer" means any person or entity engaged in the 
9business of importing or bringing firearms or firearms 
10ammunition into the United States for purposes of sale or 
11distribution.
12 "Prospective firearm owner" means a person who is 
13attempting to acquire a firearm.

14 Section 15. Liability.
15 (a) Any manufacturer, importer, or dealer of a firearm or 
16firearm ammunition shall be held strictly liable, without 
17regard to fault or proof of defect, for any bodily injury or 
18death if the bodily injury or death proximately results from 
19the unlawful discharge of the firearm in this State.
20 (b) Any person, other than an officer or employee of a 
21State or local governmental entity in this State, may bring a 
22civil action against any person or entity who violates this 
23Act.

24 Section 20. Damages. If a claimant prevails in an action 
 
 
HB4150- 3 -LRB102 20273 LNS 29125 b


1brought under this Act, the court shall award:
2  (1) injunctive relief sufficient to prevent the 
3 defendant from violating this Act;
4  (2) statutory damages in an amount of not less than 
5 $10,000 for each individual injured or killed by a firearm 
6 or firearm ammunition that the defendant manufactured, 
7 imported, or dealt; and
8  (3) costs and attorney's fees.


9 Section 25. Required documentation.
10 (a) Any manufacturer, importer, or dealer who transfers a 
11firearm or firearm ammunition shall execute a written document 
12that certifies that the firearm or firearm ammunition shall 
13not be used to cause bodily injury or death in violation of 
14this Act.
15 (b) The manufacturer, importer, or dealer shall maintain a 
16copy of the document described by subsection (a) in their 
17records.

18 Section 30. Limitations.
19 (a) Notwithstanding any other law, the following are not 
20defenses to an action brought under this Act:
21  (1) ignorance or mistake of law;
22  (2) a defendant's belief that the requirements of this 
23 Act are unconstitutional or were unconstitutional;
24  (3) a defendant's reliance on any court decision that 
 
 
HB4150- 4 -LRB102 20273 LNS 29125 b


1 has been overruled on appeal or by a subsequent court, 
2 even if that court decision had not been overruled when 
3 the defendant engaged in conduct that violates this Act;
4  (4) a defendant's reliance on any State or federal 
5 court decision that is not binding on the court in which 
6 the action has been brought;
7  (5) nonmutual issue preclusion or nonmutual claim 
8 preclusion;
9  (6) the consent of the injured party; or
10  (7) any claim that the enforcement of this Act or the 
11 imposition of civil liability against the defendant will 
12 violate the constitutional rights of third parties.
13 (b) A defendant against whom an action is brought under 
14this Act does not have standing to assert the rights of a 
15firearm owner, prospective firearm owner, or group of firearm 
16owners or prospective firearm owners as a defense to liability 
17unless:
18  (1) the United States Supreme Court holds that courts 
19 of this State must confer standing on that defendant to 
20 assert the third-party rights of a firearm owner, 
21 prospective firearm owner, or group of firearm owners or 
22 prospective firearm owners in State court as a matter of 
23 federal constitutional law; or
24  (2) the defendant has standing to assert the rights of 
25 a firearm owner, prospective firearm owner, or group of 
26 firearm owners or prospective firearm owners under the 
 
 
HB4150- 5 -LRB102 20273 LNS 29125 b


1 tests of third-party standing established by the United 
2 States Supreme Court.
3 (c) A defendant in an action brought under this Act may 
4assert an affirmative defense to liability if:
5  (1) the defendant has standing to assert the 
6 third-party rights of a firearm owner, prospective firearm 
7 owner, or group of firearm owners or prospective firearm 
8 owners; or
9  (2) the defendant demonstrates that the relief sought 
10 by the claimant will impose an impermissible burden on the 
11 firearm owner, prospective firearm owner, or group of 
12 firearm owners and prospective firearm owners.
13 (d) A court may not find an impermissible burden or an 
14infringement on the right to keep or bear arms unless a 
15defendant introduces evidence proving that:
16  (1) an award of relief will prevent a firearm owner, 
17 prospective firearm owners, or group of firearm owners or 
18 prospective firearm owners from legally acquiring 
19 firearms; or
20  (2) an award of relief will place a substantial 
21 obstacle in the path of a firearm owner, prospective 
22 firearm owners, or group of firearm owners or prospective 
23 firearm owners who are seeking to legally acquire 
24 firearms.
25 (e) A defendant may not establish an impermissible burden 
26or an infringement on the right to keep or bear arms under this 
 
 
HB4150- 6 -LRB102 20273 LNS 29125 b


1Section by:
2  (1) merely demonstrating that an award of relief will 
3 prevent a firearm owner, prospective firearm owners, or 
4 group of firearm owners or prospective firearm owners from 
5 obtaining support or assistance, financial or otherwise, 
6 from others in their efforts to acquire firearms; or
7  (2) arguing or attempting to argue that an award of 
8 relief against other defendants or other potential 
9 defendants will impose an impermissible burden or infringe 
10 on the right to keep or bear arms on a firearm owner, 
11 prospective firearm owners, or group of firearm owners or 
12 prospective firearm owners.
13 (f) The requirements of this Act shall be enforced 
14exclusively through the private civil actions described in 
15this Act. No enforcement of this Act may be taken or threatened 
16by this State, a political subdivision, a State's Attorney, or 
17an executive or administrative officer or employee of this 
18State or a political subdivision.
19 (g) A court may not award relief under this Act if the 
20defendant demonstrates that the defendant previously paid the 
21full amount of statutory damages under this Act in a previous 
22action for that particular bodily injury or death.
23 (h) No firearm or firearm ammunition originally 
24distributed to a law enforcement agency or a law enforcement 
25officer in his or her official capacity shall provide the 
26basis for liability.
 
 
HB4150- 7 -LRB102 20273 LNS 29125 b


1 (i) No action may be brought under this Act by a person 
2injured by a firearm during the commission of a crime, or his 
3or her agent, if the injured person was involved in the 
4commission of such crime.
5 (j) No action may be brought under this Act by a person 
6injured by a firearm who intentionally self-inflicted said 
7injury, or his or her agent. 
8 (k) A person may bring an action under this Act within 4 
9years from the date of bodily injury or death.
10 (l) This Act shall not limit in scope any cause of action 
11available to a person injured or killed by a firearm.


12 Section 40. Venue. A civil action brought under this Act 
13shall be brought in:
14  (1) the county in which all or a substantial part of 
15 the events or omissions giving rise to the claim occurred;
16  (2) the county or residence of any one of the natural 
17 person defendants at the time of the cause of action 
18 accrued;
19  (3) the county of the principal office in this State 
20 of any of the defendants that is not a natural person; or
21  (4) the county or residence for the claimant if the 
22 claimant is a natural person residing in this State.
23 If a civil action is brought under this Act in any one of 
24the venues described in this Act, the action may not be 
25transferred to a different venue without the written consent 
 
 
HB4150- 8 -LRB102 20273 LNS 29125 b


1of all parties.

2 Section 97. Severability. The provisions of this Act are 
3severable under Section 1.31 of the Statute on Statutes.