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SB 1535

CIVIL ACTION-STRAW PURCHASER

104th Regular Session Introduced by Elgie Sims

Creates civil liability for those who traffick guns or deliver firearms to unauthorized recipients or straw purchasers for any later use of the item.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 1535

SB 1535 — "Straw Purchaser Accountability Act" (summary)

Note: The provided document includes text from multiple measures and states. This summary focuses on the Straw Purchaser Accountability Act portion of SB 1535 (Illinois), which creates a civil cause of action related to gun trafficking and straw purchases.

Purpose and intent

To create a statutory civil remedy holding persons who engage in gun trafficking or who intentionally or negligently deliver firearms, ammunition, or certain firearm accessories to unauthorized recipients (including “straw purchasers”) civilly accountable for later tortious conduct that directly or indirectly involves the transferred item.

Key provisions

  • Short title: “Straw Purchaser Accountability Act.”
  • Definition: “Gun trafficking” is defined by reference to underlying criminal code sections (e.g., unlawful sale/delivery, gunrunning, trafficking, unlawful purchases, sales on school premises, unlawful sales by liquor licensees).
  • Cause of action (core rule): A person who (a) engages in gun trafficking or (b) intentionally or negligently delivers or causes delivery of a firearm, ammunition, laser sight accessory, silencer, or muffler to:
    1. someone not legally authorized to possess it;
    2. someone purchasing the item on another’s behalf (straw purchaser); or
    3. anyone the deliverer knows or has reason to know will use it unlawfully;
      is civilly liable for any subsequent tortious conduct that directly or indirectly involves the use, attempted use, or threatened use of the item.
  • Remedies available to a prevailing plaintiff: broad equitable and monetary relief to “make whole,” including declaratory and injunctive relief, recovery of costs and attorney fees (including expert/witness fees), compensatory damages (economic losses, loss of earnings, property damage, death, personal injury, medical and burial expenses, pain & suffering, mental and emotional harm), and punitive damages where defendant’s conduct was intentional, reckless, or grossly negligent.
  • Joint and several liability: All persons subject to liability under the Act are jointly and severally liable.
  • Double recovery barred: A plaintiff who recovers under this Act may not recover the same costs/damages under another Act, and vice versa.
  • Statute of limitations: Actions must be commenced within 5 years of the alleged violation or within 5 years after the date the plaintiff, exercising reasonable diligence, discovered (or should have discovered) the alleged violation. The limitation period does not begin before the plaintiff turns 18, and tolling applies for legal disability.
  • Standard of proof: preponderance of the evidence.
  • Evidence/coordination with criminal prosecutions: Testimony or evidence that may implicate criminal violations does not compel criminal charging. The county State’s Attorney may move to stay civil proceedings and discovery pending completion of related criminal investigation or prosecution.
  • Severability clause: provisions are severable.

Who is affected

  • Potentially liable: individuals or entities who sell, deliver, or transfer firearms, ammunition, or listed accessories — including private sellers and others who knowingly or negligently facilitate straw purchases or unlawful transfers.
  • Potential plaintiffs: victims of crimes, property owners, injured persons, estates, and others harmed by subsequent tortious conduct involving the transferred firearm or accessory.
  • Law enforcement and prosecutors: stay-of-proceedings provision allows coordination with criminal cases.
  • Firearms market: possible increased civil exposure could affect private transfers, retail practices, and preventive due diligence.

Procedural / status information

  • Introduced in Illinois by Sen. Elgie R. Sims, Jr. on 2/4/2025 (document lists this as the bill’s introduction date and sponsor). A companion bill is HB 800.
  • The text sets substantive rules (statute of limitations, remedies, evidentiary and stay provisions) but the provided file does not show final enactment for this Illinois measure; users should check the Illinois General Assembly site or state legislative records for current status and any amendments.

If you’d like, I can:
- Produce a plain-language explainer of likely practical impacts (for retailers, private sellers, and victims), or
- Draft a one-page fact sheet comparing this draft to existing Illinois tort law and comparable statutes in other states.

Compiled from official sources — confirm details with the bill’s official record.

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