National gun trade association sues over new Illinois law holding industry accountable

SPRINGFIELD, Ill. (WAND) — The National Shooting Sports Foundation filed a federal lawsuit Monday night against Illinois Attorney General Kwame Raoul in response to a new state law holding the gun industry accountable for unlawful marketing tactics.

“We’ve had enough and we wanted action,” Gov. JB Pritzker said to a large crowd at the Everytown For Gun Safety conference Saturday in Chicago. “And together, we got it done.”

Another legislative victory for Democratic leaders and gun control advocates is quickly heading to a federal courtroom.

Sponsors said every family devastated by gun violence should have the opportunity to sue gun manufacturers to seek justice. The new law also prevents gun manufacturers and distributors from marketing or selling guns to minors.

However, the trade association representing 10,000 manufacturers, distributors, and retailers of guns, ammunition, and related products, said the law violates the Second Amendment and freedom of speech.

“It really just sets a whole myriad of additional liabilities for gun dealers,” Senate Republican Leader John Curran (R-Downers Grove) warned Democrats on May 18. “And quite frankly, there’s parts of it that would be impossible for them to follow or they would not know.”

Attorneys for the Connecticut organization argue that the First Amendment prohibits states from punishing wide swaths of truthful speech about lawful products, even if the products are dangerous or the speech is unpopular.

Another legislative victory for Democratic leaders and gun control advocates is quickly heading to a federal courtroom.

They also noted that Congress passed a bipartisan law in 2005 to prohibit and preempt state law civil actions brought by any person against a manufacturer or seller of firearms and ammunition for damages and other relief following criminal use of a gun by a third party.

“There are trap shooting teams in downstate Illinois. There are out-of-state companies that engage in partnerships with them to provide discounted ammunition,” said gun lobbyist Josh Witkowski. “We are worried that these partnerships will dissolve because these companies are going to be worried about the language contained in this act.”

Although, the Pritzker administration said the governor believes the law is constitutional. Press Secretary Alex Gough said the administration has come to expect the gun lobby to try and reverse their losses at the ballot box in court.

“Illinois just successfully defended our assault weapons ban and the Governor will work with the Attorney General to continue defending commonsense reform that makes communities safer.”

A spokesperson for the Attorney General’s office told WAND News Tuesday that Raoul is committed to defending the Firearm Industry Responsibility Act in the interest of public safety.

“No single industry should be given a free pass to engage in unlawful, unfair, or deceptive conduct,” Raoul said. “Rather than single out the industry, as some have suggested, this legislation ensures the industry is treated in exactly the same way as other businesses within the state.”