The Most Evil Gun Law You Will Read All Week.

William Kirk of Washington Gun Law critically analyzes Illinois HB 218, a law targeting firearm industry marketing and sales. He argues it imposes undue civil liability, potentially violating First Amendment commercial speech and Second Amendment rights, and is likely preempted by federal law (PLCAA). Kirk warns that similar legislation could emerge in other states.

Quick Summary

Illinois HB 218 is a controversial law targeting firearm industry marketing and sales, imposing broad civil liability. Critics argue it violates First Amendment commercial speech and Second Amendment rights, and is likely preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA). The NSSF has filed a lawsuit challenging the law.

Chapters

  1. 00:00Introduction: Illinois HB 218
  2. 01:08Sponsor Message: Legal Heat
  3. 02:24HB 218 Overview and Intent
  4. 03:35NSSF Lawsuit and Civil Liability
  5. 05:38Constitutional & Industry Analogies
  6. 06:53Federal Preemption: PLCAA
  7. 08:01Conclusion: Dangerous Legislation

Frequently Asked Questions

What is Illinois HB 218?

Illinois HB 218 is a law targeting the firearm industry's marketing and sales practices. It aims to regulate how manufacturers nationwide market products if those products end up in Illinois, imposing civil liability if their conduct is deemed to have contributed to public endangerment.

Why is Illinois HB 218 considered controversial?

It's controversial because it allows for sweeping civil liability against the firearm industry, even for those complying with all regulations. Critics argue it potentially violates the First Amendment (commercial speech) and the Second Amendment (commerce in arms), and may be preempted by federal law.

What is the role of the NSSF lawsuit regarding HB 218?

The National Shooting Sports Foundation (NSSF) filed a lawsuit challenging Illinois HB 218. The lawsuit argues that the law imposes undue civil liability on manufacturers and sellers, infringing upon constitutional rights and federal protections.

How does PLCAA relate to Illinois HB 218?

The Protection of Lawful Commerce in Arms Act (PLCAA) of 2005 generally prohibits civil lawsuits against firearm manufacturers for the criminal misuse of their products by third parties. Proponents of the lawsuit against HB 218 argue that the Illinois law is likely preempted by PLCAA.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Washington Gun Law

View all →