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IL HB1110

IL HB1110
GUN-FREE ZONE LIABILITY ACT


summary

Introduced
01/09/2025
In Committee
01/09/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Creates the Gun-Free Zone Liability Act. Provides that the State is liable for harm or damage suffered by a concealed carry licensee or any individual otherwise legally entitled to carry a firearm if the harm or damage occurs in a gun-free zone, as defined by State law, and the harm or damage could have been reasonably avoided if the individual had been allowed to carry his or her concealed firearm in that gun-free zone. Provides that liability includes, but is not limited to, medical expenses, compensation for pain and suffering, loss of income, property damage, and wrongful death claims brought by the victim's estate. Provides that the plaintiff must establish by a preponderance of the evidence that the harm or damage suffered could have been reasonably avoided or mitigated if the plaintiff had been permitted to carry a concealed firearm, and that the plaintiff is otherwise in compliance with all applicable laws and regulations regarding firearm possession and use. Provides exceptions. Provides that any individual who is harmed, if the harm or damage occurred in a gun-free zone, may bring a civil action against the State of Illinois in the circuit court of the county of the plaintiff's residence. Provides that if the plaintiff prevails, he or she is entitled to full compensatory damages, court costs, and reasonable attorney's fees, and any other relief the court deems just and equitable. Contains a severability provision. Defines terms. Effective immediately.

AI Summary

This bill establishes the Gun-Free Zone Liability Act, which creates a legal mechanism for individuals with concealed carry licenses or those legally entitled to carry firearms to sue the State of Illinois if they suffer harm in a designated gun-free zone that could have been reasonably avoided if they had been allowed to carry their firearm. The bill defines gun-free zones as locations where firearm possession is prohibited by state law, such as those specified in the Firearm Concealed Carry Act. To successfully bring a lawsuit, plaintiffs must prove by a preponderance of evidence that their harm could have been avoided if they had been permitted to carry a concealed firearm and that they were in compliance with all firearm laws. The state would be liable for various damages including medical expenses, pain and suffering, lost income, property damage, and wrongful death claims. However, the state is not liable if the harm resulted from the individual's unlawful conduct, failure to comply with firearm laws, acts of God, or if the individual was not legally entitled to carry a firearm. If successful, plaintiffs can receive full compensatory damages, court costs, attorney's fees, and other relief deemed appropriate by the court. The bill aims to hold the state accountable for potentially preventing individuals from defending themselves in gun-free zones.

Sponsors (3)

Last Action

Added Chief Co-Sponsor Rep. Chris Miller (on 01/31/2025)

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