104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2123
 
Introduced 2/7/2025, by Sen. Laura Ellman
 
SYNOPSIS AS INTRODUCED:

815 ILCS 505/2DDDD
    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for any person to knowingly sell, give, or deliver within the State, whether in a commercial transaction or private transaction, an imitation firearm to any other person. Defines "imitation firearm".


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A BILL FOR
 
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1    AN ACT concerning business.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 5. The Consumer Fraud and Deceptive Business 
5Practices Act is amended by changing Section 2DDDD as follows:

6    (815 ILCS 505/2DDDD)
7    Sec. 2DDDD. Sale and marketing of firearms.
8    (a) As used in this Section:
9    "Firearm" has the meaning set forth in Section 1.1 of the 
10Firearm Owners Identification Card Act.
11    "Firearm accessory" means an attachment or device designed 
12or adapted to be inserted into, affixed onto, or used in 
13conjunction with a firearm that is designed, intended, or 
14functions to alter or enhance (i) the firing capabilities of a 
15firearm, frame, or receiver, (ii) the lethality of the 
16firearm, or (iii) a shooter's ability to hold and use a 
17firearm.
18    "Firearm ammunition" has the meaning set forth in Section 
191.1 of the Firearm Owners Identification Card Act.
20    "Firearm industry member" means a person, firm, 
21corporation, company, partnership, society, joint stock 
22company, or any other entity or association engaged in the 
23design, manufacture, distribution, importation, marketing, 
 
 
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1wholesale, or retail sale of firearm-related products, 
2including sales by mail, telephone, or Internet or in-person 
3sales.
4    "Firearm-related product" means a firearm, firearm 
5ammunition, a firearm precursor part, a firearm component, or 
6a firearm accessory that meets any of the following 
7conditions:
8        (1) the item is sold, made, or distributed in 
9 Illinois;
10        (2) the item is intended to be sold or distributed in 
11 Illinois; or
12        (3) the item is or was possessed in Illinois, and it 
13 was reasonably foreseeable that the item would be 
14 possessed in Illinois.
15    "Imitation firearm" means any device or object made of 
16plastic, wood, metal, or any other material which 
17substantially duplicates or can reasonably be perceived to be 
18an actual firearm, air rifle, pellet gun, or "B-B" gun; unless 
19such imitation firearm:
20        (1) is colored white, bright red, bright orange, 
21 bright yellow, bright green, bright blue, bright pink, or 
22 bright purple on the entire exterior surface or as the 
23 predominant color in combination with other colors in any 
24 pattern;    
25        (2) is constructed entirely of transparent or 
26 translucent materials which permits unmistakable 
 
 
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1 observation of the imitation or toy firearm's complete 
2 contents;    
3        (3) has a barrel that is closed for a distance of not 
4 less than one-half inch from the front-end of its barrel 
5 with the same material of which the imitation firearm is 
6 made, unless it is a water gun;    
7        (4) has legibly stamped thereon, the name of the 
8 manufacturer or some trade name, mark or brand by which 
9 the manufacturer can be readily identified; and
10        (5) does not have attached to it a laser pointer, 
11 defined for the purpose of this Section as any device that 
12 emits light amplified by the stimulated emission of 
13 radiation that is visible to the human eye.    
14    "Imitation firearm" does not include any non-firing 
15replica of an antique firearm, the original of which was 
16designed, manufactured, and produced prior to 1898.    
17    "Straw purchaser" means a person who (i) knowingly 
18purchases or attempts to purchase a firearm-related product 
19with intent to deliver that firearm-related product to another 
20person who is prohibited by federal or State law from 
21possessing a firearm-related product or (ii) intentionally 
22provides false or misleading information on a Bureau of 
23Alcohol, Tobacco, Firearms and Explosives firearms transaction 
24record form to purchase a firearm-related product with the 
25intent to deliver that firearm-related product to another 
26person.
 
 
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1    "Unlawful paramilitary or private militia" means a group 
2of armed individuals, organized privately, in violation of the 
3Military Code of Illinois and Section 2 of Article XII of the 
4Illinois Constitution.
5    (b) It is an unlawful practice within the meaning of this 
6Act for any firearm industry member, through the sale, 
7manufacturing, importing, or marketing of a firearm-related 
8product, to do any of the following:
9        (1) Knowingly create, maintain, or contribute to a 
10 condition in Illinois that endangers the safety or health 
11 of the public by conduct either unlawful in itself or 
12 unreasonable under all circumstances, including failing to 
13 establish or utilize reasonable controls. Reasonable 
14 controls include reasonable procedures, safeguards, and 
15 business practices that are designed to:
16            (A) prevent the sale or distribution of a 
17 firearm-related product to a straw purchaser, a person 
18 prohibited by law from possessing a firearm, or a 
19 person who the firearm industry member has reasonable 
20 cause to believe is at substantial risk of using a 
21 firearm-related product to harm themselves or another 
22 individual or of possessing or using a firearm-related 
23 product unlawfully;
24            (B) prevent the loss or theft of a firearm-related 
25 product from the firearm industry member; or
26            (C) comply with all provisions of applicable 
 
 
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1 local, State, and federal law, and do not otherwise 
2 promote the unlawful manufacture, sale, possession, 
3 marketing, or use of a firearm-related product.
4        (2) Advertise, market, or promote a firearm-related 
5 product in a manner that reasonably appears to support, 
6 recommend, or encourage individuals to engage in unlawful 
7 paramilitary or private militia activity in Illinois, or 
8 individuals who are not in the National Guard, United 
9 States armed forces reserves, United States armed forces, 
10 or any duly authorized military organization to use a 
11 firearm-related product for a military-related purpose in 
12 Illinois.
13        (3) Except as otherwise provided, advertise, market, 
14 promote, design, or sell any firearm-related product in a 
15 manner that reasonably appears to support, recommend, or 
16 encourage persons under 18 years of age to unlawfully 
17 purchase or possess or use a firearm-related product in 
18 Illinois.
19            (A) In determining whether the conduct of a 
20 firearm industry member, as described in this 
21 paragraph, reasonably appears to support, recommend, 
22 or encourage persons under 18 years of age to 
23 unlawfully purchase a firearm-related product, a court 
24 shall consider the totality of the circumstances, 
25 including, but not limited to, whether the marketing, 
26 advertising promotion, design, or sale:
 
 
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1                (i) uses caricatures that reasonably appear to 
2 be minors or cartoon characters; 
3                (ii) offers brand name merchandise for minors, 
4 including, but not limited to, clothing, toys, 
5 games, or stuffed animals, that promotes a firearm 
6 industry member or firearm-related product;
7                (iii) offers firearm-related products in 
8 sizes, colors, or designs that are specifically 
9 designed to be used by, or appeal to, minors; 
10                (iv) is part of a marketing, advertising, or 
11 promotion campaign designed with the intent to 
12 appeal to minors; 
13                (v) uses images or depictions of minors in 
14 advertising or marketing, or promotion materials, 
15 to depict the use of firearm-related products; or 
16                (vi) is placed in a publication created for 
17 the purpose of reaching an audience that is 
18 predominantly composed of minors and not intended 
19 for a more general audience composed of adults. 
20            (B) This paragraph does not apply to 
21 communications or promotional materials regarding 
22 lawful recreational activity with a firearm, such as, 
23 but not limited to, practice shooting at targets on 
24 established public or private target ranges or 
25 hunting, trapping, or fishing in accordance with the 
26 Wildlife Code or the Fish and Aquatic Life Code.
 
 
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1        (4) Otherwise engage in unfair methods of competition 
2 or unfair or deceptive acts or practices declared unlawful 
3 under Section 2 of this Act.
4    (b-1) It is an unlawful practice within the meaning of 
5this Act for any person to knowingly sell, give, or deliver 
6within this State, whether in a commercial transaction or 
7private transaction, an imitation firearm to any other person.    
8    (c) Paragraphs (2), (3), and (4) of subsection (b) are 
9declarative of existing law and shall not be construed as new 
10enactments. The provisions of these paragraphs shall apply to 
11all actions commenced or pending on or after August 14, 2023 
12(the effective date of Public Act 103-559). 
13    (d) The provisions of this Section are severable under 
14Section 1.31 of the Statute on Statutes.
15(Source: P.A. 103-559, eff. 8-14-23; 103-605, eff. 7-1-24.)