Bill Text: IL SB0085 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Firearm Liability Act. Provides that a firearm transferor is strictly liable in a civil action for death, injury, or property damage resulting from the use of a firearm that was unlawfully sold, transferred, or caused to be sold or transferred. Provides that the plaintiff may recover punitive damages in addition to all other lawful damages, court costs, and attorney's fees. Provides that a defendant found strictly liable under this Act must pay $10,000 in a civil penalty to the Department of State Police if the defendant sold, transferred, or caused to be sold or transferred a firearm in violation of certain provisions of the Firearm Owners Identification Card Act or the Criminal Code of 1961. Provides that an action under this Act must be commenced within 5 years after the cause of action accrued.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments [SB0085 Detail]

Download: Illinois-2009-SB0085-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB0085 Introduced 1/30/2009, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
New Act
Creates the Firearm Liability Act. Provides that a firearm transferor is strictly liable in a civil action for death, injury, or property damage resulting from the use of a firearm that was unlawfully sold, transferred, or caused to be sold or transferred. Provides that the plaintiff may recover punitive damages in addition to all other lawful damages, court costs, and attorney's fees. Provides that a defendant found strictly liable under this Act must pay $10,000 in a civil penalty to the Department of State Police if the defendant sold, transferred, or caused to be sold or transferred a firearm in violation of certain provisions of the Firearm Owners Identification Card Act or the Criminal Code of 1961. Provides that an action under this Act must be commenced within 5 years after the cause of action accrued.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT in relation to firearm liability.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Firearm Liability Act.
Section 5. Definitions. In this Act:
"Firearm" has the meaning ascribed to it in Section 1.1 of
the Firearm Owners Identification Card Act.
"Firearm transferor" means a person who sells, transfers,
or causes the sale or transfer of a firearm to another person.
Section 10. Firearm transferor liability. If it was
unlawful at the time of the sale or transfer of a firearm (i)
for the firearm transferor to make or cause to be made the sale
or transfer of the firearm to another person or (ii) for that
other person to purchase, receive, or possess the firearm, then
the firearm transferor is strictly liable in a civil action for
any death, injury, or damage to property proximately caused by
the use of that firearm. Liability under this Act is in
addition to any other statutory or common law liability.
Section 15. Persons who may bring action and recover
damages.

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(a) A civil action under this Act may be brought and
damages may be recovered by the person injured or by the person
whose property was damaged by the use of the firearm. If the
person entitled to bring an action and recover damages is a
minor, the action may be brought and damages recovered on
behalf of the minor by the minor's parent or legal guardian or
by the guardian of the estate of the minor. If the person
entitled to bring an action and recover damages is a disabled
person, the action may be brought and damages recovered by the
guardian of the estate of the disabled person. If the person
entitled to bring an action and recover damages is deceased,
but was not killed by the use of the firearm, the action may be
brought and damages recovered by the personal representative of
the decedent's estate on behalf of the estate.
(b) If a person was killed by the use of the firearm, an
action may be brought and damages recovered by the personal
representative of the decedent's estate, and, except as
otherwise provided in this Section, the amount recovered in the
action shall be for the exclusive benefit of the surviving
spouse and next of kin of the deceased person. The amount
recovered in the action shall be distributed by the court in
which the cause is heard, or by the circuit court in the case
of an agreed settlement, to each of the surviving spouse and
next of kin of the deceased person in the proportion, as
determined by the court, that the percentage of dependency of
each of those persons upon the deceased person bears to the sum

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of the percentages of dependency of all of those persons upon
the deceased person.
If the deceased person left no surviving spouse or next of
kin entitled to recovery, the damages shall inure to the
exclusive benefit of the decedent's estate.
Section 20. Recovery of damages. If the trier of fact
finds by a preponderance of the evidence that the defendant is
strictly liable under this Act, the plaintiff may recover
punitive damages in addition to all other lawful damages, court
costs, and attorney's fees.
Section 25. Civil penalty. If the trier of fact finds that
the defendant is strictly liable under this Act and finds that
the defendant sold, transferred, or caused the sale or transfer
of a firearm in violation of Section 3 of the Firearm Owners
Identification Card Act or Section 24-3, 24-3.3, 24-3.4, or
24-3A of the Criminal Code of 1961, the court, in addition to
any other damages, shall assess a civil penalty of $10,000 to
be paid to the Department of State Police and deposited into
the State Police Services Fund.
Section 30. Statute of limitations. An action under this
Act must be commenced within 5 years after the cause of action
accrued.