104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1110
 
Introduced , by Rep. Jed Davis
 
SYNOPSIS AS INTRODUCED:

New Act
 Creates the Gun-Free Zone Liability Act. Provides that the State is liable for harm or damage suffered by a concealed carry licensee or any individual otherwise legally entitled to carry a firearm if the harm or damage occurs in a gun-free zone, as defined by State law, and the harm or damage could have been reasonably avoided if the individual had been allowed to carry his or her concealed firearm in that gun-free zone. Provides that liability includes, but is not limited to, medical expenses, compensation for pain and suffering, loss of income, property damage, and wrongful death claims brought by the victim's estate. Provides that the plaintiff must establish by a preponderance of the evidence that the harm or damage suffered could have been reasonably avoided or mitigated if the plaintiff had been permitted to carry a concealed firearm, and that the plaintiff is otherwise in compliance with all applicable laws and regulations regarding firearm possession and use. Provides exceptions. Provides that any individual who is harmed, if the harm or damage occurred in a gun-free zone, may bring a civil action against the State of Illinois in the circuit court of the county of the plaintiff's residence. Provides that if the plaintiff prevails, he or she is entitled to full compensatory damages, court costs, and reasonable attorney's fees, and any other relief the court deems just and equitable. Contains a severability provision. Defines terms. Effective immediately.


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A BILL FOR
 
HB1110LRB104 06401 RLC 16437 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 
5Gun-Free Zone Liability Act.

6 Section 5. Findings. 
7 (a) The General Assembly finds as follows:
8  (1) the Second Amendment to the United States 
9 Constitution guarantees the right of individuals to keep 
10 and bear arms for self-defense;
11  (2) the State of Illinois permits individuals to carry 
12 firearms under the Firearm Concealed Carry Act;
13  (3) certain areas are designated as gun-free zones 
14 under Illinois law, where the possession of firearms is 
15 prohibited regardless of a person's concealed carry 
16 license status; and
17  (4) individuals who are prohibited from carrying 
18 firearms in gun-free zones may be unable to defend 
19 themselves effectively, which could result in harm or 
20 damage that may have been avoidable if they were allowed 
21 to carry a firearm.
22 (b) It is in the public interest to hold the State of 
23Illinois accountable for harm or damages suffered in such 
 
 
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1circumstances to ensure fairness and personal safety.

2 Section 10. Definitions. In this Act:
3 "Concealed carry licensee" means a person who holds a 
4valid concealed carry license under the Firearm Concealed 
5Carry Act.
6 "Gun-free zone" means any location or premises where the 
7possession of firearms is prohibited by State law, including, 
8but not limited to, areas identified under section 65 of the 
9Firearm Concealed Carry Act.
10 "Harm" means any physical injury, emotional distress, loss 
11of life, or property damage incurred as a direct result of an 
12incident in a gun-free zone that could have been reasonably 
13avoided if the individual were permitted to carry a firearm.

14 Section 15. Liability for avoidable harm in gun-free 
15zones. The State of Illinois is liable for harm or damage 
16suffered by a concealed carry licensee or any individual 
17otherwise legally entitled to carry a firearm if the harm or 
18damage occurs in a gun-free zone, as defined by State law, and 
19the harm or damage could have been reasonably avoided if the 
20individual had been allowed to carry his or her concealed 
21firearm in that gun-free zone. Liability includes, but is not 
22limited to, medical expenses, compensation for pain and 
23suffering, loss of income, property damage, and wrongful death 
24claims brought by the victim's estate.

 
 
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1 Section 20. Burden of proof. The plaintiff must establish 
2by a preponderance of the evidence that the harm or damage 
3suffered could have been reasonably avoided or mitigated if 
4the plaintiff had been permitted to carry a concealed firearm, 
5and that the plaintiff is otherwise in compliance with all 
6applicable laws and regulations regarding firearm possession 
7and use.

8 Section 25. Exceptions. The State of Illinois is not 
9liable:
10 (1) if the harm or damage occurred as a result of the 
11individual's unlawful conduct;
12 (2) the individual failed to comply with other applicable 
13State or federal firearm laws;
14 (3) the harm was caused by an act of God or a third party 
15not under the control of the State; or
16 (4) the individual was not lawfully entitled to carry a 
17firearm at the time of the incident.

18 Section 30. Damages and remedies. Any individual described 
19in Section 15 who is harmed may bring a civil action against 
20the State of Illinois in the circuit court of the county of the 
21plaintiff's residence. If the plaintiff prevails, he or she is 
22entitled to full compensatory damages, court costs, and 
23reasonable attorney's fees, and any other relief the court 
 
 
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1deems just and equitable.

2 Section 35. Severability. If any provision of this Act or 
3its application is held invalid, that invalidity shall not 
4affect other provisions or applications of this Act that can 
5be given effect without the invalid provision or application, 
6and to this end, the provisions of this Act are severable.