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
Recommended Citation
El-Sharif, Hashem
(2024)
"FIRA: Deciphering the Constitutionality of Illinois’s Approach to Gun Industry Accountability,"
Northern Illinois University Law Review: Vol. 45:
Iss.
1, Article 5.