Protecting Kids from Gun Marketing Act

Subjects: Commerce

Summary:  <p><b>Protecting Kids from Gun Marketing Act</b></p> <p>This bill requires the Federal Trade Commission to issue rules prohibiting any manufacturer, dealer, or importer from marketing or advertising a firearm or any firearm-related product to a minor in a manner that is designed, intended, or reasonably appears to be attractive to a minor.</p> <p>The bill provides for enforcement of this prohibition by the commission, state attorneys general, and individual civil action.</p> <p>The commission must provide business and consumer education and report its plan to enforce the prohibition.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 252 Introduced in Senate (IS)]

&lt;DOC&gt;






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. Whitehouse, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Kids from Gun Marketing 
Act''.

SEC. 2. PROHIBITION OF MARKETING FIREARMS TO MINORS.

    (a) Conduct Prohibited.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall, in accordance with 
        section 553 of title 5, United States Code, promulgate rules to 
        prohibit any manufacturer, dealer, or importer, or agent 
        thereof, from marketing or advertising a firearm or any 
        firearm-related product to a minor in a manner that is 
        designed, intended, or reasonably appears to be attractive to a 
        minor.
            (2) Considerations.--In determining whether any marketing 
        or advertising reasonably appears to be attractive to a minor 
        for purposes of paragraph (1), the Commission shall consider 
        the totality of the circumstances, including whether such 
        marketing or advertising does any of the following:
                    (A) Uses any cartoon character, any caricature, or 
                any meme that reasonably appears to be a minor, or 
                intended to appeal to minors, to promote any firearm or 
                firearm-related product.
                    (B) Offers to minors any brand name merchandise of 
                a manufacturer, dealer, or importer (including any hat, 
                T-shirt, other clothing, toy, game, or stuffed animal) 
                that promotes a firearm or firearm-related product.
                    (C) Offers any firearm or firearm-related product 
                with features, sizes, or designs that are specifically 
                designed to be used by, or appeal to, minors.
                    (D) Uses any image or depiction of a minor to 
                depict the use or handling of a firearm or firearm-
                related product.
                    (E) Is intended to reach an audience that is 
                predominately composed of minors and not intended for a 
                more general audience composed of adults.
                    (F) Offers any firearm or firearm-related product 
                as a gift to a minor in order to promote or advertise 
                any firearm or firearm-related product of a 
                manufacturer, dealer, or importer.
                    (G) Promotes the contracts of the manufacturer, 
                dealer, or importer with the Federal Government or 
                United States Armed Forces to imply an affiliation or 
                endorsement of the manufacturer, dealer, or importer's 
                firearms or firearm-related products.
    (b) Enforcement.--
            (1) Enforcement by the commission.--
                    (A) Unfair or deceptive acts or practices.--A 
                violation of a rule promulgated under subsection (a) 
                shall be treated as a violation of a rule defining an 
                unfair or deceptive act or practice under section 
                18(a)(1)(B) of the Federal Trade Commission Act (15 
                U.S.C. 57a(a)(1)(B)).
                    (B) Powers of the commission.--
                            (i) In general.--The Commission shall 
                        enforce the rules promulgated under subsection 
                        (a) in the same manner, by the same means, and 
                        with the same jurisdiction, powers, and duties 
                        as though all applicable terms and provisions 
                        of the Federal Trade Commission Act (15 U.S.C. 
                        41 et seq.) were incorporated into and made a 
                        part of this Act.
                            (ii) Privileges and immunities.--Any person 
                        who violates a rule promulgated under 
                        subsection (a) shall be subject to the 
                        penalties and entitled to the privileges and 
                        immunities provided in the Federal Trade 
                        Commission Act (15 U.S.C. 41 et seq.).
                            (iii) Authority preserved.--Nothing in this 
                        section shall be construed to limit the 
                        authority of the Commission under any other 
                        provision of law.
                            (iv) Rulemaking.--The Commission shall 
                        promulgate, in accordance with section 553 of 
                        title 5, United States Code, such rules as may 
                        be necessary to carry out this section.
            (2) Enforcement by state attorneys general.--
                    (A) In general.--
                            (i) Civil actions.--In any case in which 
                        the attorney general of a State has reason to 
                        believe that an interest of the residents of 
                        that State has been or is threatened or 
                        adversely affected by the engagement of any 
                        person in an act or practice that violates a 
                        rule promulgated under subsection (a), the 
                        State, as parens patriae, may bring a civil 
                        action on behalf of the residents of the State 
                        in a Federal court of appropriate jurisdiction 
                        to--
                                    (I) enjoin that act or practice;
                                    (II) enforce compliance with such 
                                rule;
                                    (III) on behalf of residents of the 
                                State, obtain damages, restitution, or 
                                other compensation; or
                                    (IV) obtain such other legal or 
                                equitable relief as the court may 
                                consider to be appropriate.
                            (ii) Notice.--
                                    (I) In general.--Before filing an 
                                action under clause (i), the attorney 
                                general of the State involved shall 
                                provide to the Commission--
                                            (aa) written notice of that 
                                        action; and
                                            (bb) a copy of the 
                                        complaint for that action.
                                    (II) Exemption.--
                                            (aa) In general.--Subclause 
                                        (I) shall not apply with 
                                        respect to the filing of an 
                                        action by an attorney general 
                                        of a State under this 
                                        subparagraph if the attorney 
                                        general of the State determines 
                                        that it is not feasible to 
                                        provide the notice described in 
                                        that subclause before the 
                                        filing of the action.
                                            (bb) Notification.--In an 
                                        action described in item (aa), 
                                        the attorney general of a State 
                                        shall provide notice and a copy 
                                        of the complaint to the 
                                        Commission at the same time as 
                                        the attorney general files the 
                                        action.
                    (B) Intervention.--
                            (i) In general.--On receiving notice under 
                        subparagraph (A)(ii), the Commission shall have 
                        the right to intervene in the action that is 
                        the subject of the notice.
                            (ii) Effect of intervention.--If the 
                        Commission intervenes in an action under clause 
                        (i), it shall have the right--
                                    (I) to be heard with respect to any 
                                matter that arises in that action; and
                                    (II) to file a petition for appeal.
                    (C) Limitation on state action while federal action 
                is pending.--If the Commission has instituted a civil 
                action for violation of this Act, no State attorney 
                general, or official or agency of a State, may bring an 
                action under subparagraph (A) during the pendency of 
                that action against any defendant named in the 
                complaint of the Commission for any violation of this 
                Act alleged in the complaint.
                    (D) Rule of construction.--For purposes of bringing 
                a civil action under subparagraph (A), nothing in this 
                Act shall be construed to prevent an attorney general 
                of a State from exercising the powers conferred on the 
                attorney general by the laws of that State to--
                            (i) conduct investigations;
                            (ii) administer oaths or affirmations; or
                            (iii) compel the attendance of witnesses or 
                        the production of documentary and other 
                        evidence.
            (3) Private right of action.--
                    (A) In general.--Any individual alleging a 
                violation of a rule promulgated under subsection (a) 
                may bring a civil action in any Federal court of 
                competent jurisdiction.
                    (B) Relief.--In a civil action brought under 
                subparagraph (A) in which the plaintiff prevails, the 
                court may award--
                            (i) compensatory or punitive damages;
                            (ii) reasonable attorney's fees, reasonable 
                        expert witness fees, and litigation costs; and
                            (iii) any other relief, including equitable 
                        or declaratory relief, that the court 
                        determines appropriate.
                    (C) Injury in fact.--Any individual injured as the 
                foreseeable consequence of a violation of a rule 
                promulgated under subsection (a) constitutes a concrete 
                and particularized injury in fact to that individual.
    (c) Reports.--
            (1) Report on plan for enforcement; business and consumer 
        education.--Not later than 60 days after the date on which the 
        Commission issues a final rule under subsection (a)(1), the 
        Commission shall--
                    (A) submit to Congress a report detailing a plan to 
                enforce such rule (but not including any information on 
                the investigative techniques of the Commission); and
                    (B) issue business and consumer education about 
                this Act and such rule in order to inform the 
                marketplace about how to comply with such rule.
            (2) Biennial report.--Beginning on the date that is 1 year 
        after the date of enactment of this Act, and biennially 
        thereafter, the Commission shall submit to Congress a report 
        that includes, with respect to the previous year, a description 
        of--
                    (A) any enforcement action taken by the Commission 
                under this Act or a rule promulgated thereunder; and
                    (B) the outcome of any such action.
    (d) Severability.--If any provision of this Act is determined to be 
unenforceable or invalid, the remaining provisions of this Act shall 
not be affected.
    (e) Definitions.--In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Dealer; firearm; importer; manufacturer.--The terms 
        ``dealer'', ``firearm'', ``importer'', and ``manufacturer'' 
        have the meaning given those terms in section 921 of title 18, 
        United States Code.
            (3) Firearm accessory.--The term ``firearm accessory'' 
        means an attachment or device designed or adapted to be 
        inserted into, affixed onto, or used in conjunction with, a 
        firearm which is designed, intended, or functions to alter or 
        enhance the firing capabilities of the firearm, the lethality 
        of the firearm, or a shooter's ability to hold, carry, or use 
        the firearm.
            (4) Firearm-related product.--The term ``firearm-related 
        product'' means a firearm, ammunition, reloaded ammunition, a 
        firearm precursor part, a firearm component, or a firearm 
        accessory.
            (5) Minor.--The term ``minor'' means an individual that is 
        less than 18 years of age.
                                 &lt;all&gt;
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