Responsible Firearms Marketing Act

II 118TH CONGRESS 1ST SESSION S. 1737 To direct the Federal Trade Commission to conduct a study and submit to Congress a report on unfair or deceptive acts or practices that may be prevalent in the advertising or marketing of firearms and to issue regulations to prohibit unfair or deceptive acts or practices related to the advertising or marketing of firearms, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 18, 2023 Mr. BLUMENTHAL (for himself, Mr. BOOKER, Mr. MARKEY, Mr. MURPHY, Mr. WELCH, Mr. MENENDEZ, Mr. PADILLA, Mrs. FEINSTEIN, Ms. HIRONO, Mr. DURBIN, Ms. WARREN, Mr. REED, Mr. SANDERS, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and re- ferred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Trade Commission to conduct a study and submit to Congress a report on unfair or deceptive acts or practices that may be prevalent in the advertising or marketing of firearms and to issue regulations to prohibit unfair or deceptive acts or practices related to the advertising or marketing of firearms, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:14 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1737.IS S1737 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1737 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Responsible Firearms 2 Marketing Act’’. 3 SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES RE- 4 LATED TO THE ADVERTISING OR MARKETING 5 OF FIREARMS. 6 (a) STUDY AND REPORT BY THE FEDERAL TRADE 7 COMMISSION.— 8 (1) STUDY.— 9 (A) IN GENERAL.—The Commission shall 10 conduct a study, using the Commission’s au- 11 thority under section 6(b) of the Federal Trade 12 Commission Act (15 U.S.C. 46(b)), regarding 13 the advertising or marketing of firearms. Such 14 study shall identify potentially unfair or decep- 15 tive acts or practices that may be prevalent in 16 such advertising or marketing, as well as any 17 other information determined appropriate by 18 the Commission. 19 (B) CONSIDERATIONS.—In conducting the 20 study under subparagraph (A), the Commission 21 shall consider— 22 (i) advertising or marketing materials 23 that may— 24 VerDate Sep 11 2014 01:14 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1737.IS S1737 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1737 IS (I) be designed to appeal to indi- 1 viduals who are younger than 18 2 years of age; or 3 (II) imply or encourage illegal 4 use of the advertised or marketed 5 product; and 6 (ii) advertising or marketing of semi- 7 automatic assault weapons. 8 (2) REPORT.—Not later than 2 years after the 9 date of the enactment of this section, the Commis- 10 sion shall submit to Congress a report on the study 11 conducted under paragraph (1), together with such 12 recommendations for legislation or administrative 13 action as the Commission determines appropriate. 14 (3) EXEMPTION FROM PAPERWORK REDUCTION 15 ACT.—Subchapter I of chapter 35 of title 44, United 16 States Code, shall not apply to the collection of in- 17 formation under paragraph (1). 18 (b) REGULATIONS.— 19 (1) IN GENERAL.—Not later than 18 months 20 after submitting the report required by subsection 21 (a)(2), the Commission shall promulgate regulations 22 under section 553 of title 5, United States Code, to 23 prohibit any manufacturer, dealer, or importer of 24 firearms from engaging in any unfair or deceptive 25 VerDate Sep 11 2014 01:14 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1737.IS S1737 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1737 IS act or practice related to the advertising or mar- 1 keting of firearms. 2 (2) REQUIREMENTS.—In promulgating regula- 3 tions under paragraph (1), the Commission shall ad- 4 dress— 5 (A) unfair or deceptive advertising or mar- 6 keting that— 7 (i) may be designed to appeal to indi- 8 viduals who are younger than 18 years of 9 age; 10 (ii) may imply or encourage illegal use 11 of the advertised or marketed product; or 12 (iii) relates to the sale of semiauto- 13 matic assault weapons; and 14 (B) any other unfair or deceptive acts or 15 practices related to the advertising or mar- 16 keting of firearms by manufacturers, dealers, or 17 importers of firearms. 18 (c) ENFORCEMENT.— 19 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- 20 TICES.—A violation of a regulation promulgated 21 under subsection (b) shall be treated as a violation 22 of a rule defining an unfair or deceptive act or prac- 23 tice under section 18(a)(1)(B) of the Federal Trade 24 Commission Act (15 U.S.C. 57a(a)(1)(B)). 25 VerDate Sep 11 2014 01:14 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1737.IS S1737 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1737 IS (2) POWERS OF THE COMMISSION.— 1 (A) IN GENERAL.—The Commission shall 2 enforce the regulations promulgated under sub- 3 section (b) in the same manner, by the same 4 means, and with the same jurisdiction, powers, 5 and duties as though all applicable terms and 6 provisions of the Federal Trade Commission 7 Act (15 U.S.C. 41 et seq.) were incorporated 8 into and made a part of this Act. 9 (B) PRIVILEGES AND IMMUNITIES.—Any 10 person who violates a regulation promulgated 11 under subsection (b) shall be subject to the pen- 12 alties and entitled to the privileges and immuni- 13 ties provided in the Federal Trade Commission 14 Act (15 U.S.C. 41 et seq.). 15 (C) AUTHORITY PRESERVED.—Nothing in 16 this Act shall be construed to limit the author- 17 ity of the Commission under any other provi- 18 sion of law. 19 (d) DEFINITIONS.—In this section: 20 (1) COMMISSION.—The term ‘‘Commission’’ 21 means the Federal Trade Commission. 22 (2) FIREARM; IMPORTER; MANUFACTURER; 23 DEALER.—The terms ‘‘firearm’’, ‘‘importer’’, ‘‘man- 24 ufacturer’’, and ‘‘dealer’’ have the meanings given 25 VerDate Sep 11 2014 01:14 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1737.IS S1737 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1737 IS such terms in section 921(a) of title 18, United 1 States Code. 2 Æ VerDate Sep 11 2014 01:14 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1737.IS S1737 pbinns on DSKJLVW7X2PROD with $$_JOB