Illinois: Anti-gun legislators aim to skirt PLCAA through tiered fees, not fines

Lawmakers in Illinois are trying to circumvent the federal Protection of Lawful Commerce in Arms Act (PLCAA) by imposing a variable licensing fee on gun manufacturers when their products are misused.

Under House Bill 3320, the Responsibility in Firearm Legislation (RIFL) Act, manufacturers whose firearms are more often linked to violent outcomes would pay higher fees. The "financial assistance from the RIFL Fund under this Act shall compensate victims of firearms for all direct costs incurred as a result of firearm injury for up to 3 years post-event, except in the event of permanent disability. Individuals who sustain permanent disability from firearm injury are eligible for compensation for the duration of the claimant's life."

The PLCAA prohibits civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others.

Here in Ohio: See where BFA stands on firearms bills working their way through the General Assembly

The RIFL Act is an attempt to skirt that federal law by compelling gunmakers to financially compensate victims of gun violence.

The bill was introduced in March by Rep. Kevin John Olickal (D-Springfield) alongside several co-sponsors.

Olickal touted the legislation on his Facebook page.

"This past legislative session, I introduced the RIFL Act (HB 3320) to give survivors and families the ability to hold gun manufacturers accountable. I’m proud to be working on this bill with Dr. Anthony Douglas, Dr. Selwyn Rogers, Dr. Mallory Williams, and Arne Duncan, who brought this proposal to our office and co-authored the op-ed linked below. HB 3320 is a necessary step toward greater accountability and meaningful change."

If this loophole legislation ever sees the light of day — it's currently re-referred to the Rules Committee — you can count on legal challenges by Smith & Wesson and others, who have a strong track record of defending themselves under PLCAA protections at multiple levels of the federal court system, including a rare unanimous ruling from the U.S. Supreme Court.

This is why we at Buckeye Firearms Association continue to stay vigilant, never complacent, even in a pro-gun state like Ohio. If this type of legal manipulation proves successful in Illinois, you can bet it will be tried elsewhere.

These anti-gun zealots won't give up. Fortunately, neither will we.

Joe D. "Buck" Ruth, a longtime small-game hunter and gun owner who spent nearly three decades in the news industry, is the website and social-media manager for Buckeye Firearms Association.