Responsible Firearms Marketing Act



<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3502 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3502

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 HOUSE OF REPRESENTATIVES

                              May 18, 2023

  Ms. Kelly of Illinois (for herself, Mr. Bowman, Mr. Moskowitz, Ms. 
   Norton, Ms. Sanchez, Ms. Crockett, Mr. Carson, Ms. Bonamici, Ms. 
Jacobs, Ms. Moore of Wisconsin, Ms. Scanlon, Ms. Tlaib, and Mrs. Watson 
   Coleman) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsible Firearms Marketing 
Act''.

SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES RELATED TO THE 
              ADVERTISING OR MARKETING OF FIREARMS.

    (a) Study and Report by the Federal Trade Commission.--
            (1) Study.--
                    (A) In general.--The Commission shall conduct a 
                study, using the Commission's authority under section 
                6(b) of the Federal Trade Commission Act (15 U.S.C. 
                46(b)), regarding the advertising or marketing of 
                firearms. Such study shall identify potentially unfair 
                or deceptive acts or practices that may be prevalent in 
                such advertising or marketing, as well as any other 
                information determined appropriate by the Commission.
                    (B) Considerations.--In conducting the study under 
                subparagraph (A), the Commission shall consider--
                            (i) advertising or marketing materials that 
                        may--
                                    (I) be designed to appeal to 
                                individuals who are younger than 18 
                                years of age; or
                                    (II) imply or encourage illegal use 
                                of the advertised or marketed product; 
                                and
                            (ii) advertising or marketing of 
                        semiautomatic assault weapons.
            (2) Report.--Not later than 2 years after the date of the 
        enactment of this section, the Commission shall submit to 
        Congress a report on the study conducted under paragraph (1), 
        together with such recommendations for legislation or 
        administrative action as the Commission determines appropriate.
            (3) Exemption from paperwork reduction act.--Subchapter I 
        of chapter 35 of title 44, United States Code, shall not apply 
        to the collection of information under paragraph (1).
    (b) Regulations.--
            (1) In general.--Not later than 18 months after submitting 
        the report required by subsection (a)(2), the Commission shall 
        promulgate regulations under section 553 of title 5, United 
        States Code, to prohibit any manufacturer, dealer, or importer 
        of firearms from engaging in any unfair or deceptive act or 
        practice related to the advertising or marketing of firearms.
            (2) Requirements.--In promulgating regulations under 
        paragraph (1), the Commission shall address--
                    (A) unfair or deceptive advertising or marketing 
                that--
                            (i) may be designed to appeal to 
                        individuals who are younger than 18 years of 
                        age;
                            (ii) may imply or encourage illegal use of 
                        the advertised or marketed product; or
                            (iii) relates to the sale of semiautomatic 
                        assault weapons; and
                    (B) any other unfair or deceptive acts or practices 
                related to the advertising or marketing of firearms by 
                manufacturers, dealers, or importers of firearms.
    (c) Enforcement.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        a regulation promulgated under subsection (b) 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)).
            (2) Powers of the commission.--
                    (A) In general.--The Commission shall enforce the 
                regulations promulgated under subsection (b) 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.
                    (B) Privileges and immunities.--Any person who 
                violates a regulation promulgated under subsection (b) 
                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.).
                    (C) Authority preserved.--Nothing in this Act shall 
                be construed to limit the authority of the Commission 
                under any other provision of law.
    (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Firearm; importer; manufacturer; dealer.--The terms 
        ``firearm'', ``importer'', ``manufacturer'', and ``dealer'' 
        have the meanings given such terms in section 921(a) of title 
        18, United States Code.
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