What This Bill Does
This bill orders the Federal Trade Commission to create rules that ban firearm makers, dealers, and importers from marketing firearms and firearm-related products to people under 18 years old in ways designed to attract minors. The Federal Trade Commission (a government agency that protects consumers) must write these rules within one year of the law passing. The bill also allows individuals and state attorneys general to sue companies that break these rules.
Who It Affects
Firearm manufacturers (companies that make guns), firearm dealers (businesses that sell guns), firearm importers (businesses that bring guns into the country), the Federal Trade Commission, state attorneys general, and individuals under 18 years old.
Key Provisions
- The Federal Trade Commission must create rules within one year that prohibit marketing firearms and firearm-related products to minors in ways that appear designed to attract them (Sec. 2(a)(1)).
- Marketing is considered attractive to minors if it uses cartoon characters or memes appearing to target minors, offers brand merchandise like hats or t-shirts promoting firearms, uses images of minors handling firearms, or targets audiences mainly made up of minors (Sec. 2(a)(2)).
- The Federal Trade Commission must report to Congress within 60 days of finalizing the rules about how it will enforce them and must create educational materials for businesses and consumers (Sec. 2(c)(1)).
- Any individual can sue in federal court if they are harmed by a violation and can receive money damages, attorney fees, and other relief if they win (Sec. 2(b)(3)).
- State attorneys general can sue to stop violations, get compliance, and obtain damages on behalf of their residents, though they must notify the Federal Trade Commission first (Sec. 2(b)(2)).
What Changes
If this bill becomes law, firearm manufacturers, dealers, and importers cannot market firearms and firearm-related products to minors using cartoons, celebrity endorsements, branded merchandise, or images of children using guns. Companies violating these rules face enforcement action by the Federal Trade Commission and lawsuits from state attorneys general and individuals. The bill also creates new penalties for violations, treating them as unfair or deceptive business practices.
Important Definitions
- Firearm-related product: A firearm, ammunition, reloaded ammunition, firearm precursor part (a part used to make a firearm), firearm component (a part of a firearm), or firearm accessory (an attachment designed to alter or enhance a firearm's firing capabilities or lethality) (Sec. 2(e)(4) and (e)(3)).
- Minor: A person under 18 years old (Sec. 2(e)(5)).
- Commission: The Federal Trade Commission (Sec. 2(e)(1)).
Effective Date
The Federal Trade Commission must create the rules within one year after the bill becomes law. State attorneys general and individuals can begin suing for violations once the rules are finalized. Not specified in bill text for the bill itself to take effect.
II
118TH CONGRESS
1ST SESSION
S. 252
To direct the Federal Trade Commission to prescribe rules prohibiting the
marketing of firearms to minors, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 2, 2023
Mr. MARKEY (for himself, Mr. BLUMENTHAL, Mr. MURPHY, Ms. WARREN,
Mr. DURBIN, Mr. PADILLA, Mrs. FEINSTEIN, Mr. REED, Mr. WHITE-
HOUSE, Ms. DUCKWORTH, Mr. CASEY, and Ms. HIRONO) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
A BILL
To direct the Federal Trade Commission to prescribe rules
prohibiting the marketing of firearms to minors, 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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Protecting Kids from
4
Gun Marketing Act’’.
5
SEC. 2. PROHIBITION OF MARKETING FIREARMS TO MI-
6
NORS.
7
(a) CONDUCT PROHIBITED.—
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•S 252 IS
(1) IN GENERAL.—Not later than 1 year after
1
the date of enactment of this Act, the Commission
2
shall, in accordance with section 553 of title 5,
3
United States Code, promulgate rules to prohibit
4
any manufacturer, dealer, or importer, or agent
5
thereof, from marketing or advertising a firearm or
6
any firearm-related product to a minor in a manner
7
that is designed, intended, or reasonably appears to
8
be attractive to a minor.
9
(2) CONSIDERATIONS.—In determining whether
10
any marketing or advertising reasonably appears to
11
be attractive to a minor for purposes of paragraph
12
(1), the Commission shall consider the totality of the
13
circumstances, including whether such marketing or
14
advertising does any of the following:
15
(A) Uses any cartoon character, any cari-
16
cature, or any meme that reasonably appears to
17
be a minor, or intended to appeal to minors, to
18
promote any firearm or firearm-related product.
19
(B) Offers to minors any brand name mer-
20
chandise of a manufacturer, dealer, or importer
21
(including any hat, T-shirt, other clothing, toy,
22
game, or stuffed animal) that promotes a fire-
23
arm or firearm-related product.
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(C) Offers any firearm or firearm-related
1
product with features, sizes, or designs that are
2
specifically designed to be used by, or appeal to,
3
minors.
4
(D) Uses any image or depiction of a
5
minor to depict the use or handling of a firearm
6
or firearm-related product.
7
(E) Is intended to reach an audience that
8
is predominately composed of minors and not
9
intended for a more general audience composed
10
of adults.
11
(F) Offers any firearm or firearm-related
12
product as a gift to a minor in order to promote
13
or advertise any firearm or firearm-related
14
product of a manufacturer, dealer, or importer.
15
(G) Promotes the contracts of the manu-
16
facturer, dealer, or importer with the Federal
17
Government or United States Armed Forces to
18
imply an affiliation or endorsement of the man-
19
ufacturer, dealer, or importer’s firearms or fire-
20
arm-related products.
21
(b) ENFORCEMENT.—
22
(1) ENFORCEMENT BY THE COMMISSION.—
23
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
24
TICES.—A violation of a rule promulgated
25
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•S 252 IS
under subsection (a) shall be treated as a viola-
1
tion of a rule defining an unfair or deceptive
2
act or practice under section 18(a)(1)(B) of the
3
Federal Trade Commission Act (15 U.S.C.
4
57a(a)(1)(B)).
5
(B) POWERS OF THE COMMISSION.—
6
(i) IN
GENERAL.—The Commission
7
shall enforce the rules promulgated under
8
subsection (a) in the same manner, by the
9
same means, and with the same jurisdic-
10
tion, powers, and duties as though all ap-
11
plicable terms and provisions of the Fed-
12
eral Trade Commission Act (15 U.S.C. 41
13
et seq.) were incorporated into and made a
14
part of this Act.
15
(ii) PRIVILEGES AND IMMUNITIES.—
16
Any person who violates a rule promul-
17
gated under subsection (a) shall be subject
18
to the penalties and entitled to the privi-
19
leges and immunities provided in the Fed-
20
eral Trade Commission Act (15 U.S.C. 41
21
et seq.).
22
(iii) AUTHORITY PRESERVED.—Noth-
23
ing in this section shall be construed to
24
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•S 252 IS
limit the authority of the Commission
1
under any other provision of law.
2
(iv) RULEMAKING.—The Commission
3
shall promulgate, in accordance with sec-
4
tion 553 of title 5, United States Code,
5
such rules as may be necessary to carry
6
out this section.
7
(2) ENFORCEMENT BY STATE ATTORNEYS GEN-
8
ERAL.—
9
(A) IN GENERAL.—
10
(i) CIVIL ACTIONS.—In any case in
11
which the attorney general of a State has
12
reason to believe that an interest of the
13
residents of that State has been or is
14
threatened or adversely affected by the en-
15
gagement of any person in an act or prac-
16
tice that violates a rule promulgated under
17
subsection (a), the State, as parens
18
patriae, may bring a civil action on behalf
19
of the residents of the State in a Federal
20
court of appropriate jurisdiction to—
21
(I) enjoin that act or practice;
22
(II) enforce compliance with such
23
rule;
24
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•S 252 IS
(III) on behalf of residents of the
1
State, obtain damages, restitution, or
2
other compensation; or
3
(IV) obtain such other legal or
4
equitable relief as the court may con-
5
sider to be appropriate.
6
(ii) NOTICE.—
7
(I) IN
GENERAL.—Before filing
8
an action under clause (i), the attor-
9
ney general of the State involved shall
10
provide to the Commission—
11
(aa) written notice of that
12
action; and
13
(bb) a copy of the complaint
14
for that action.
15
(II) EXEMPTION.—
16
(aa)
IN
GENERAL.—Sub-
17
clause (I) shall not apply with re-
18
spect to the filing of an action by
19
an attorney general of a State
20
under this subparagraph if the
21
attorney general of the State de-
22
termines that it is not feasible to
23
provide the notice described in
24
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•S 252 IS
that subclause before the filing of
1
the action.
2
(bb) NOTIFICATION.—In an
3
action described in item (aa), the
4
attorney general of a State shall
5
provide notice and a copy of the
6
complaint to the Commission at
7
the same time as the attorney
8
general files the action.
9
(B) INTERVENTION.—
10
(i) IN GENERAL.—On receiving notice
11
under subparagraph (A)(ii), the Commis-
12
sion shall have the right to intervene in the
13
action that is the subject of the notice.
14
(ii) EFFECT
OF
INTERVENTION.—If
15
the Commission intervenes in an action
16
under clause (i), it shall have the right—
17
(I) to be heard with respect to
18
any matter that arises in that action;
19
and
20
(II) to file a petition for appeal.
21
(C) LIMITATION ON STATE ACTION WHILE
22
FEDERAL ACTION IS PENDING.—If the Commis-
23
sion has instituted a civil action for violation of
24
this Act, no State attorney general, or official
25
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•S 252 IS
or agency of a State, may bring an action under
1
subparagraph (A) during the pendency of that
2
action against any defendant named in the com-
3
plaint of the Commission for any violation of
4
this Act alleged in the complaint.
5
(D) RULE OF CONSTRUCTION.—For pur-
6
poses of bringing a civil action under subpara-
7
graph (A), nothing in this Act shall be con-
8
strued to prevent an attorney general of a State
9
from exercising the powers conferred on the at-
10
torney general by the laws of that State to—
11
(i) conduct investigations;
12
(ii) administer oaths or affirmations;
13
or
14
(iii) compel the attendance of wit-
15
nesses or the production of documentary
16
and other evidence.
17
(3) PRIVATE RIGHT OF ACTION.—
18
(A) IN GENERAL.—Any individual alleging
19
a violation of a rule promulgated under sub-
20
section (a) may bring a civil action in any Fed-
21
eral court of competent jurisdiction.
22
(B) RELIEF.—In a civil action brought
23
under subparagraph (A) in which the plaintiff
24
prevails, the court may award—
25
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•S 252 IS
(i) compensatory or punitive damages;
1
(ii) reasonable attorney’s fees, reason-
2
able expert witness fees, and litigation
3
costs; and
4
(iii) any other relief, including equi-
5
table or declaratory relief, that the court
6
determines appropriate.
7
(C) INJURY IN FACT.—Any individual in-
8
jured as the foreseeable consequence of a viola-
9
tion of a rule promulgated under subsection (a)
10
constitutes a concrete and particularized injury
11
in fact to that individual.
12
(c) REPORTS.—
13
(1) REPORT
ON
PLAN
FOR
ENFORCEMENT;
14
BUSINESS AND CONSUMER EDUCATION.—Not later
15
than 60 days after the date on which the Commis-
16
sion issues a final rule under subsection (a)(1), the
17
Commission shall—
18
(A) submit to Congress a report detailing
19
a plan to enforce such rule (but not including
20
any information on the investigative techniques
21
of the Commission); and
22
(B) issue business and consumer education
23
about this Act and such rule in order to inform
24
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•S 252 IS
the marketplace about how to comply with such
1
rule.
2
(2) BIENNIAL REPORT.—Beginning on the date
3
that is 1 year after the date of enactment of this
4
Act, and biennially thereafter, the Commission shall
5
submit to Congress a report that includes, with re-
6
spect to the previous year, a description of—
7
(A) any enforcement action taken by the
8
Commission under this Act or a rule promul-
9
gated thereunder; and
10
(B) the outcome of any such action.
11
(d) SEVERABILITY.—If any provision of this Act is
12
determined to be unenforceable or invalid, the remaining
13
provisions of this Act shall not be affected.
14
(e) DEFINITIONS.—In this Act:
15
(1) COMMISSION.—The term ‘‘Commission’’
16
means the Federal Trade Commission.
17
(2) DEALER; FIREARM; IMPORTER; MANUFAC-
18
TURER.—The terms ‘‘dealer’’, ‘‘firearm’’, ‘‘im-
19
porter’’, and ‘‘manufacturer’’ have the meaning
20
given those terms in section 921 of title 18, United
21
States Code.
22
(3) FIREARM ACCESSORY.—The term ‘‘firearm
23
accessory’’ means an attachment or device designed
24
or adapted to be inserted into, affixed onto, or used
25
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•S 252 IS
in conjunction with, a firearm which is designed, in-
1
tended, or functions to alter or enhance the firing
2
capabilities of the firearm, the lethality of the fire-
3
arm, or a shooter’s ability to hold, carry, or use the
4
firearm.
5
(4) FIREARM-RELATED
PRODUCT.—The term
6
‘‘firearm-related product’’ means a firearm, ammu-
7
nition, reloaded ammunition, a firearm precursor
8
part, a firearm component, or a firearm accessory.
9
(5) MINOR.—The term ‘‘minor’’ means an indi-
10
vidual that is less than 18 years of age.
11
Æ
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