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90_SB0442
New Act
Creates the Handgun and Assault Weapon Liability Act.
Provides that a person who suffers bodily injury or property
damage as a result of the discharge of a handgun or an
assault weapon may sue the manufacturer or importer of the
weapon. Provides that defendants shall be liable without
regard to fault. Establishes certain defenses. Defines
terms. Applies to weapons manufactured or imported and acts
occurring on or after the effective date of the Act.
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1 AN ACT concerning liability arising out of use of certain
2 weapons.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Handgun and Assault Weapon Liability Act.
7 Section 5. Discharge of handgun; injury; cause of
8 action.
9 (a) Any person who suffers bodily injury, death, or
10 property damage as a result of the discharge of a handgun or
11 an assault weapon may bring an action in the circuit court
12 against any permissible defendant for damages and other
13 relief the court deems appropriate.
14 (b) The following persons are permissible defendants in
15 an action brought under subsection (a) with respect to a
16 handgun or an assault weapon:
17 (1) Any manufacturer of the handgun or assault
18 weapon.
19 (2) Any importer of the handgun or assault weapon.
20 Section 10. Strict liability.
21 (a) Each defendant in an action brought under Section 5
22 shall be held strictly liable in tort, without regard to
23 fault or proof of defect, for all direct and consequential
24 damages that arise from bodily injury, death, and property
25 damage, proximately resulting from the discharge of the
26 handgun or assault weapon with respect to which the defendant
27 is a permissible defendant, except as provided in subsection
28 (b) of this Section.
29 (b) A defendant may raise the following defenses:
30 (1) There shall be no liability under subsection
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1 (a) if it is established by a preponderance of the
2 evidence that the plaintiff suffered the bodily injury,
3 death, or property damage while committing a felony.
4 (2) There shall be no liability under subsection
5 (a) if it is established by a preponderance of the
6 evidence that the plaintiff's bodily injury or death was
7 self-inflicted or that the property damage was caused by
8 the plaintiff.
9 (3) There shall be no liability under subsection
10 (a) if it is established by a preponderance of the
11 evidence that the injury was suffered as a result of the
12 discharge, by a law enforcement officer in the
13 performance of official duties, of a handgun or assault
14 weapon issued by the United States or any department or
15 agency of the United States or by any State or any
16 department, agency, or political subdivision of a State.
17 (4) There shall be no liability under subsection
18 (a) if it is established by a preponderance of the
19 evidence that the injury was suffered as a result of the
20 discharge, by a member of the Armed Forces of the United
21 States in the performance of military duties, of a
22 handgun or assault weapon issued by the United States or
23 any department or agency of the United States.
24 (5) There shall be no liability under subsection
25 (a) if it is established by a preponderance of the
26 evidence that the injury was suffered as a result of the
27 discharge, by an individual within the scope of
28 employment as a security guard, of a handgun or assault
29 weapon issued by the employer of the individual.
30 (c) In an action brought under Section 5, the court may,
31 in its discretion, allow the prevailing party a reasonable
32 attorney fee as part of the costs.
33 Section 15. Statute of limitations.
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1 An action may not be brought under Section 5 after the 2
2 year period that begins with the date the injury described in
3 that Section is discovered.
4 Section 20. Applicability. This Act applies only to
5 handguns and assault weapons manufactured in or imported into
6 the United States on or after the effective date of this Act.
7 Section 25. No effect on other causes of action. This
8 Act shall not be construed to limit the scope of any other
9 cause of action available to a person who suffers bodily
10 injury, death, or property damage as a result of the
11 discharge of a handgun or an assault weapon.
12 Section 30. Definitions.
13 As used in this Act:
14 "Handgun" means a firearm that at the time of
15 manufacture, had a barrel of less than 12 inches in length.
16 "Assault weapon" means:
17 (A) a firearm
18 (i) that:
19 (I) has a barrel of 12 or more inches in
20 length; and
21 (II) is capable of receiving ammunition
22 directly from a large capacity ammunition magazine;
23 (ii) that is a semiautomatic firearm that is:
24 (I) not generally recognized as particularly
25 suitable for, or readily adaptable to, sporting
26 purposes; or
27 (II) concealable on a person; or
28 (B) a firearm that is substantially functionally
29 equivalent to a firearm described by clause (i) or (ii) of
30 item (A).
31 "Large capacity ammunition magazine" means a detachable
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1 magazine, belt, drum, feed strip, or similar device that has
2 or that can be readily restored or converted to have a
3 capacity of 15 or more rounds of ammunition.
4 "Semiautomatic firearm" means any repeating firearm that
5 utilizes a portion of the energy of a firing cartilage to
6 extract the fired cartridge case and chamber the next round
7 and that requires a separate pull of the trigger to fire each
8 cartridge.
9 "Law enforcement officer" means any officer, agent, or
10 employee of the United States, or of a State or political
11 subdivision of a State, who is authorized by law to engage in
12 or supervise the prevention, detection, investigation, or
13 prosecution of any violation of law.
14 "Firearm", "importer", and "manufacturer" have the
15 meanings given those terms, respectively, in paragraphs (3),
16 (9), and (10) of Section 921(a) of title 18, United States
17 Code.
18 Section 35. This Act applies only to conduct occurring
19 on or after the effective date of this Act.