Illinois has a problem with violent crime, so they’re addressing it at what they believe is the source — the gun manufacturers.
However, industry representatives state that the act misses the target and runs afoul of federal statutory and constitutional law.
Illinois Gov. J.B. Pritzker signed the Firearm Industry Responsibility Act into law on Saturday, Aug. 12.
The new law bans advertising or marketing firearms to people under 18, and limits the kinds of imagery that can be used in ads.
It also allows people to sue manufacturers.
"Today we are going to take yet another powerful step towards ending gun violence, and this time we're going after the source," Pritzker told a crowd of more than 2,000 at the at the Everytown for Gun Safety conference at McCormick Place in Chicago.
"We hold opioid manufacturers accountable," he told the gathering, which was also attended by members of Moms Demand Action and Students Demand Action, both also gun control advocacy groups.
"We hold vaping companies accountable. We hold predatory lenders accountable. Gun manufacturers shouldn't get to hide from law, and now they won't be able to."
Lawrence Keane, senior vice president of the National Shooting Sports Foundation (NSSF), the trade association for the firearm industry, fired back.
"The flawed logic of this unconstitutional law is second only to the contempt for which the authors and Governor Pritzker hold for the Constitutionally-protected right of the citizens of his state to keep and bear arms," said Keane, who also serves as NSSF general counsel.
But the NSSF wasn’t just shooting blanks.
It also filed a federal a lawsuit naming Illinois Attorney General Kwame Raoul as defendant. It alleges that the statute "regulates commerce in and speech relating to arms” rather than “regulate the use (or misuse) of firearms."
From a constitutional standpoint, Keane said that "This law bans commercial free speech, which is protected by the First Amendment."
The 57-page lawsuit also alleges that the state replaces long-established elements of tort law with a non-sensical strict liability standard.
"The statute jettisons traditional proximate cause in favor of allowing state courts to impose liability on licensed industry members for the actions of third- party criminals with whom the industry members never dealt."
In addition to restricting commercial speech, the statute appears to violate the Protection of Lawful Commerce in Arms Act.
This was signed into law in 2005 by President George W. Bush following Congress’s strong bipartisan support.
That bill was introduced in response to a rash of state and federal lawsuits aimed at gun makers and dealers for damages sustained from crimes committed with their products.
It was approved by the Senate 65 to 31; by the House 283 to 144.
President Joe Biden has long opposed the Protection of Lawful Commerce in Arms Act, claiming that that "the only industry in America --- a billion-dollar industry --- that can’t be sued --- has exempt from being sued --- are gun manufacturers."
But even CNN stated that "This is false," adding, "Gun manufacturers are not entirely exempt from being sued, nor are they only industry with some liability protections."
Besides, blaming gunmakers for crimes committed with their products is like blaming automakers for drunk drivers.
Keane noted that the new Illinois law "also requires firearm manufacturers and retailers to establish undefined ‘reasonable controls’ to prevent criminals from lying on background check forms."
It’s ironic that Hunter Biden, the son of the president, reportedly lied on a federal form in order to purchase a firearm. Hallie Biden, his former sister-in-law and then-girlfriend, tossed the weapon into a trash bin located across from a high school, under the belief that he was going to use it to injure or kill himself.
Police considered Hunter the "victim" (insert huge eye-roll here).
But had a student discovered the gun and used it to commit a crime or injure himself or others, the Illinois law would’ve held the dealer responsible.
Another irony is that notwithstanding Illinois having some of the toughest gun laws in the country, Chicago has become a shooting gallery using illegally-acquired weapons.
Perhaps if law-abiding citizens could more easily and lawfully purchase weapons to protect themselves, criminals might think twice before using firearms to commit crimes.
"Just like Governor Pritzker’s signature on a law banning cash bail, this law empowers criminals and punishes those who obey the law," concluded Keane.
"We are confident that this unconstitutional law will not survive."
The day before Gov. Pritzker signed the new gun bill into law, the Illinois state Supreme Court narrowly upheld 4-3 a ban on so-called "assault weapons" and "high-capacity" magazines.
There’s little doubt that cases challenging both Illinois laws will eventually be decided by the U.S. Supreme Court.
And assuming the makeup of the current high court remains, Pritzker will be disappointed.
But freedom will rejoice.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to Newsmax. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter. Read Michael Dorstewitz's Reports — More Here.