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Document Type

Article

Media Type

text

Publication Title

Northern Illinois University Law Review

Abstract

After a deep sense of discontent with the barrage of lawsuits lobbed at the firearms industry for the criminal misuse of its products, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005. Since its passage, the PLCAA has served as a highly effective shield, generally protecting the gun industry from civil liability for the unlawful misuse of its firearms. The PLCAA, however, does outline some exceptions allowing certain gun manufacturers in certain situations to be sued. In 2023, Illinois Governor JB Pritzker signed the Firearm Industry Responsibility Act (FIRA) into law. FIRA seeks to hold the gun industry accountable through litigation for knowingly causing harm by using unsafe marketing practices. Specifically, FIRA makes it unlawful for a firearm industry member to knowingly contribute to a condition in Illinois that endangers public safety by unlawful or unreasonable conduct. The text of FIRA and its definitions are broad to the extent that out-of-state gun industry members may fall within its scope in certain circumstances. FIRA also makes it unlawful for firearm industry members to advertise guns in a manner that encourages unlawful gun possession by minors.

This Comment evaluates the constitutionality of FIRA, by pointing out that FIRA may face federal preemption issues, while arguing that FIRA does not violate the First Amendment, the Second Amendment, nor the Dormant Commerce Clause.

First Page

106

Last Page

134

Publication Date

Fall 2024

Department

College of Law

Included in

Law Commons

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