I 

113TH CONGRESS 

2D SESSION H. R. 5093 

To direct the Federal Trade Commission to prescribe rules prohibiting the 

marketing of firearms to children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2014 

Ms. KELLY of Illinois introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To direct the Federal Trade Commission to prescribe rules 

prohibiting the marketing of firearms to children, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Children’s Firearm 

5 Marketing Safety Act’’. 

6 SEC. 2. PROHIBITION OF MARKETING FIREARMS TO CHIL7 DREN. 

8 (a) CONDUCT PROHIBITED.—Not later than one year 

9 after the date of the enactment of this Act, the Federal 

10 Trade Commission shall promulgate rules in accordance 


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1 with section 553 of title 5, United States Code, to prohibit 

2 any person from marketing firearms to children. Such 

3 rules shall include the following: 

4 (1) A prohibition on the use of cartoon char5 acters to promote firearms and firearm products. 

6 (2) A prohibition on firearm brand name mer7 chandise marketed for children (such as hats, t8 shirts, and stuffed animals). 

9 (3) A prohibition on the use of firearm mar10 keting campaigns with the specific intent to appeal 

11 to children. 

12 (4) A prohibition on the manufacturing of a 

13 gun with colors or designs that are specifically de14 signed with the purpose to appeal to children. 

15 (5) A prohibition on the manufacturing of a 

16 gun intended for use by children that does not clear17 ly and conspicuously note the risk posed by the fire18 arm by labeling somewhere visible on the firearm 

19 any of the following: 

20 (A) ‘‘Real gun, not a toy.’’. 

21 (B) ‘‘Actual firearm the use of which may 

22 result in death or serious bodily injury.’’. 

23 (C) ‘‘Dangerous weapon’’. 

24 (D) Other similar language determined by 

25 the Federal Trade Commission. 


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1 (b) ENFORCEMENT.— 

2 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC3 TICES.—A violation of a rule promulgated under 

4 subsection (a) shall be treated as a violation of a 

5 regulation under section 18(a)(1)(B) of the Federal 

6 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) re7 garding unfair or deceptive acts or practices. 

8 (2) POWERS OF COMMISSION.—The Federal 

9 Trade Commission shall enforce this Act in the same 

10 manner, by the same means, and with the same ju11 risdiction as though all applicable terms and provi12 sions of the Federal Trade Commission Act were in13 corporated into and made a part of this Act. Any 

14 person who violates the regulations promulgated 

15 under subsection (a) shall be subject to the penalties 

16 and entitled to the privileges and immunities pro17 vided in the Federal Trade Commission Act. 

18 (c) ACTIONS BY STATES.— 

19 (1) IN GENERAL.—In any case in which the at20 torney general of a State has reason to believe that 

21 an interest of the residents of such State has been 

22 or is threatened or adversely affected by an act or 

23 practice in violation of a rule promulgated under 

24 subsection (a), the State, as parens patriae, may 


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1 bring a civil action on behalf of the residents of the 

2 State in an appropriate State court to— 

3 (A) enjoin such act or practice; 

4 (B) enforce compliance with such rule; 

5 (C) obtain damages, restitution, or other 

6 compensation on behalf of residents of the 

7 State; or 

8 (D) obtain such other legal and equitable 

9 relief as the court may consider to be appro10 priate. 

11 (2) NOTICE.—Before filing an action under this 

12 subsection, the attorney general, official, or agency 

13 of the State involved shall provide to the Federal 

14 Trade Commission a written notice of such action 

15 and a copy of the complaint for such action. If the 

16 attorney general, official, or agency determines that 

17 it is not feasible to provide the notice described in 

18 this paragraph before the filing of the action, the at19 torney general, official, or agency shall provide writ20 ten notice of the action and a copy of the complaint 

21 to the Federal Trade Commission immediately upon 

22 the filing of the action. 

23 (3) AUTHORITY OF FEDERAL TRADE COMMIS24 SION.— 


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1 (A) IN GENERAL.—On receiving notice 

2 under paragraph (2) of an action under this 

3 subsection, the Federal Trade Commission shall 

4 have the right— 

5 (i) to intervene in the action; 

6 (ii) upon so intervening, to be heard 

7 on all matters arising therein; and 

8 (iii) to file petitions for appeal. 

9 (B) LIMITATION ON STATE ACTION WHILE

10 FEDERAL ACTION IS PENDING.—If the Federal 

11 Trade Commission or the Attorney General of 

12 the United States has instituted a civil action 

13 for violation of a rule promulgated under sub14 section (a) (referred to in this subparagraph as 

15 the ‘‘Federal action’’), no State attorney gen16 eral, official, or agency may bring an action 

17 under this subsection during the pendency of 

18 the Federal action against any defendant 

19 named in the complaint in the Federal action 

20 for any violation of such rule alleged in such 

21 complaint. 

22 (4) RULE OF CONSTRUCTION.—For purposes of 

23 bringing a civil action under this subsection, nothing 

24 in this Act shall be construed to prevent an attorney 

25 general, official, or agency of a State from exercising 


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1 the powers conferred on the attorney general, offi2 cial, or agency by the laws of such State to conduct 

3 investigations, administer oaths and affirmations, or 

4 compel the attendance of witnesses or the production 

5 of documentary and other evidence. 

6 (d) DEFINITIONS.—In this section: 

7 (1) CHILD.—The term ‘‘child’’ means an indi8 vidual that is less than 18 years of age. 

9 (2) FIREARM.—The term ‘‘firearm’’ has the 

10 meaning given that term in section 921 of title 18, 

11 United States Code. 

Æ 


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