Illinois General Assembly - Full Text of HB1110

LRB104 06401 RLC 16437 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1110

Introduced 1/9/2025, 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.

A BILL FOR

AN ACT concerning civil law.

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 Gun-Free Zone Liability Act.

Section 5. Findings.

(a) The General Assembly finds as follows:

(1) the Second Amendment to the United States Constitution guarantees the right of individuals to keep and bear arms for self-defense;

(2) the State of Illinois permits individuals to carry firearms under the Firearm Concealed Carry Act;

(3) certain areas are designated as gun-free zones under Illinois law, where the possession of firearms is prohibited regardless of a person's concealed carry license status; and

(4) individuals who are prohibited from carrying firearms in gun-free zones may be unable to defend themselves effectively, which could result in harm or damage that may have been avoidable if they were allowed to carry a firearm.

(b) It is in the public interest to hold the State of Illinois accountable for harm or damages suffered in such circumstances to ensure fairness and personal safety.

Section 10. Definitions. In this Act:

"Concealed carry licensee" means a person who holds a valid concealed carry license under the Firearm Concealed Carry Act.

"Gun-free zone" means any location or premises where the possession of firearms is prohibited by State law, including, but not limited to, areas identified under section 65 of the Firearm Concealed Carry Act.

"Harm" means any physical injury, emotional distress, loss of life, or property damage incurred as a direct result of an incident in a gun-free zone that could have been reasonably avoided if the individual were permitted to carry a firearm.

Section 15. Liability for avoidable harm in gun-free zones. The State of Illinois 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. 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.

Section 20. Burden of proof. 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.

Section 25. Exceptions. The State of Illinois is not liable:

(1) if the harm or damage occurred as a result of the individual's unlawful conduct;

(2) the individual failed to comply with other applicable State or federal firearm laws;

(3) the harm was caused by an act of God or a third party not under the control of the State; or

(4) the individual was not lawfully entitled to carry a firearm at the time of the incident.

Section 30. Damages and remedies. Any individual described in Section 15 who is harmed may bring a civil action against the State of Illinois in the circuit court of the county of the plaintiff's residence. 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.

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

Section 99. Effective date. This Act takes effect upon becoming law.