Bill > SB1535

This bill creates the Straw Purchaser Accountability Act, which establishes a civil legal framework to hold individuals accountable for irresponsible firearm transfers. Specifically, the bill allows for civil liability against anyone who engages in gun trafficking or delivers firearms, ammunition, or related accessories to unauthorized persons, including individuals purchasing weapons on behalf of someone else or to someone likely to use them unlawfully. If such a transfer leads to subsequent tortious conduct involving the weapon, the original deliverer can be held civilly responsible. The bill provides comprehensive relief for prevailing plaintiffs, including declaratory and injunctive relief, recovery of costs and attorney's fees, compensatory damages (covering economic losses, personal injury, and emotional harm), and potential punitive damages for intentional or grossly negligent conduct. Persons found liable can be jointly and severally responsible, meaning any one defendant could potentially be held accountable for the entire damages. The bill includes a 5-year statute of limitations for filing claims, with special provisions for minors, and requires a preponderance of evidence standard for proving liability. Importantly, the legislation prevents double recovery by prohibiting plaintiffs from seeking the same damages under multiple legal acts, and it allows the State's Attorney to potentially stay proceedings pending related criminal investigations.

Government Affairs

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1535&GAID=18&DocTypeID=SB&SessionID=114&GA=104