CHICAGO– Attorney General Kwame Raoul filed an amicus brief defending the validity of the Firearm Industry Responsibility Act (FIRA) against claims that it is preempted by a federal statute, the Protection of Lawful Commerce in Arms Act (PLCAA).
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Raoul’s brief was filed in an interlocutory appeal arising out of numerous cases brought against Smith & Wesson Brand Inc. (Smith & Wesson) by victims of the fatal 2022 shooting at the Highland Park, Illinois Independence Day parade. The brief explains that the Illinois General Assembly enacted FIRA to advance the state’s interest of protecting public safety and asserts that its enactment was a permissible exercise of state sovereign authority.
“As Attorney General, it is my responsibility to protect Illinois residents and businesses from fraud, deception and unfair business practices. More importantly, it is my priority to protect our communities from deadly gun violence as a result of those unfair business practices,” Raoul said. “I will continue to ensure that FIRA, which is an important tool in effectuating both of those interests, is preserved to deter and remediate the effects of gun violence in Illinois.”
Following the Highland Park shooting that left seven people dead and dozens of others injured, many victims brought legal actions against Smith & Wesson. Smith & Wesson filed to dismiss the case for numerous reasons, including that FIRA is preempted by PLCAA.
Raoul’s brief, however, explains FIRA does not run afoul of PLCAA because it was enacted to serve the narrow but important purpose of deterring firearm industry members from engaging in irresponsible and unlawful practices that actively contribute to gun violence in Illinois by holding industry members accountable when they engage in those tactics. It also imposes liability on firearms industry members only for their own unlawful conduct, not for the misuse of firearms by a third party.
Additionally, the brief states FIRA was enacted to address certain well-documented practices by firearm industry members that contribute to gun violence by promoting unlawful conduct or maintaining irresponsible business practices. For example, legislators have expressed concern about false, misleading, or predatory marketing schemes, such as firearm advertisements that target children with cartoon characters marketing a smaller version of an AR-15 firearm. FIRA also addresses firearm dealers’ failure to uphold precautions that prevent firearms entering the illegal market through theft or straw purchasing that could be sold for use in criminal acts.
