DeKalb Times

In an Aug. 17 Facebook post, Rep. John M. Cabello shared news about a bill recently signed into law that would hold gun manufacturers responsible for endangering the health and safety of Illinois residents or advertising weapons to youths. The National Shooting Sports Foundation challenged the new law, Cabello's Facebook post said.

"On Monday, the National Shooting Sports Foundation filed a challenge in Illinois’ Southern District federal court to House Bill 218," Cabello said on the social media platform. "House Bill 218, signed into law last week by Governor JB Pritzker, allows state officials and private parties to bring civil actions against licensed manufacturers and sellers of firearms, ammunition, and related products for damages and other relief resulting from the criminal use of a firearm by a third party. The foundation alleges the measure doesn’t just violate the First and Second Amendments, it also violates interstate commerce and due process rights."

Rep. Cabello shared a link to a news release on his website and a link to a Patch.com article. In his news release, Cabello wrote: “Elections have consequences and these legal battles demonstrate that Illinois politicians do not want to be friendly with law-abiding Second Amendment supporters.”

The Patch.com article was a repost of a Center Square article from Aug. 17. In that piece, Greg Bishop wrote that Magistrate Judge Mark A. Beatty was assigned to the case. Bishop quoted from the lawsuit: “None of that is consistent with the Constitution. The First Amendment prohibits states from punishing wide swaths of truthful speech about lawful products, even if the products are dangerous or the speech is unpopular. The Second Amendment protects commerce in arms. Numerous constitutional provisions prohibit states from regulating conduct that takes place wholly beyond their borders, even when that commerce has effects within the state. And the Due Process Clause prohibits states from punishing one private party for the conduct of another.”

The lawsuit filing is available here.

On Aug. 14, Cabello raised concerns about House Bill 218, just after Gov. J.B. Pritzker signed it into law. Cabello then shared a link to a Center Square article too. In his Facebook post, Rep. Cabello wrote: “Firearm manufacturing companies employ tens of thousands of hardworking Illinoisans in manufacturing, logistics, and components. Will Illinois Democrats chase these jobs out of Illinois with their new Gun Ban law?”

House Bill 218 was first filed by Emanuel “Chris” Welch on Dec. 5, 2022, and moved to the Senate on May 11, 2023. It passed both houses on May 18, 2023, and went to Gov. J.B. Pritzker’s office on June 16. On Aug. 14, Pritzker signed it into law and it went into effect that day as Public Act 103-0559. The bill states “It is an unlawful practice within the meaning of the Act for any firearm industry member, through the sale, manufacturing, importing, or marketing of a firearm-related product to (i) knowingly create, maintain, or contribute to a condition in Illinois that endangers the safety or health of the public by conduct either unlawful in itself or unreasonable under all circumstances; to advertise, market, or promote a firearm-related product in a manner that reasonably appears to support, recommend, or encourage individuals to engage in unlawful paramilitary or private military activity; to advertise, market, promote, design or encourage persons under 18 years of age to unlawfully purchase or unlawfully possess or use a firearm related product.”