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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Children’s Firearm 
Marketing Safety Act’’. 
SEC. 2. PROHIBITION OF MARKETING FIREARMS TO CHIL-
DREN. 
(a) CONDUCT PROHIBITED.—Not later than one year 
after the date of the enactment of this Act, the Federal 
Trade Commission shall promulgate rules in accordance 
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with section 553 of title 5, United States Code, to prohibit 
any person from marketing firearms to children. Such 
rules shall include the following: 
(1) A prohibition on the use of cartoon char-
acters to promote firearms and firearm products. 
(2) A prohibition on firearm brand name mer-
chandise marketed for children (such as hats, t- 
shirts, and stuffed animals). 
(3) A prohibition on the use of firearm mar-
keting campaigns with the specific intent to appeal 
to children. 
(4) A prohibition on the manufacturing of a 
gun with colors or designs that are specifically de-
signed with the purpose to appeal to children. 
(5) A prohibition on the manufacturing of a 
gun intended for use by children that does not clear-
ly and conspicuously note the risk posed by the fire-
arm by labeling somewhere visible on the firearm 
any of the following: 
(A) ‘‘Real gun, not a toy.’’. 
(B) ‘‘Actual firearm the use of which may 
result in death or serious bodily injury.’’. 
(C) ‘‘Dangerous weapon’’. 
(D) Other similar language determined by 
the Federal Trade Commission. 
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(b) ENFORCEMENT.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of a rule promulgated under 
subsection (a) shall be treated as a violation of a 
regulation under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) re-
garding unfair or deceptive acts or practices. 
(2) POWERS
OF
COMMISSION.—The Federal 
Trade Commission shall enforce this Act in the same 
manner, by the same means, and with the same ju-
risdiction as though all applicable terms and provi-
sions of the Federal Trade Commission Act were in-
corporated into and made a part of this Act. Any 
person who violates the regulations promulgated 
under subsection (a) shall be subject to the penalties 
and entitled to the privileges and immunities pro-
vided in the Federal Trade Commission Act. 
(c) ACTIONS BY STATES.— 
(1) IN GENERAL.—In any case in which the at-
torney general of a State has reason to believe that 
an interest of the residents of such State has been 
or is threatened or adversely affected by an act or 
practice in violation of a rule promulgated under 
subsection (a), the State, as parens patriae, may 
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bring a civil action on behalf of the residents of the 
State in an appropriate State court to— 
(A) enjoin such act or practice; 
(B) enforce compliance with such rule; 
(C) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State; or 
(D) obtain such other legal and equitable 
relief as the court may consider to be appro-
priate. 
(2) NOTICE.—Before filing an action under this 
subsection, the attorney general, official, or agency 
of the State involved shall provide to the Federal 
Trade Commission a written notice of such action 
and a copy of the complaint for such action. If the 
attorney general, official, or agency determines that 
it is not feasible to provide the notice described in 
this paragraph before the filing of the action, the at-
torney general, official, or agency shall provide writ-
ten notice of the action and a copy of the complaint 
to the Federal Trade Commission immediately upon 
the filing of the action. 
(3) AUTHORITY OF FEDERAL TRADE COMMIS-
SION.— 
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(A) IN
GENERAL.—On receiving notice 
under paragraph (2) of an action under this 
subsection, the Federal Trade Commission shall 
have the right— 
(i) to intervene in the action; 
(ii) upon so intervening, to be heard 
on all matters arising therein; and 
(iii) to file petitions for appeal. 
(B) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Federal 
Trade Commission or the Attorney General of 
the United States has instituted a civil action 
for violation of a rule promulgated under sub-
section (a) (referred to in this subparagraph as 
the ‘‘Federal action’’), no State attorney gen-
eral, official, or agency may bring an action 
under this subsection during the pendency of 
the Federal action against any defendant 
named in the complaint in the Federal action 
for any violation of such rule alleged in such 
complaint. 
(4) RULE OF CONSTRUCTION.—For purposes of 
bringing a civil action under this subsection, nothing 
in this Act shall be construed to prevent an attorney 
general, official, or agency of a State from exercising 
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the powers conferred on the attorney general, offi-
cial, or agency by the laws of such State to conduct 
investigations, administer oaths and affirmations, or 
compel the attendance of witnesses or the production 
of documentary and other evidence. 
(d) DEFINITIONS.—In this section: 
(1) CHILD.—The term ‘‘child’’ means an indi-
vidual that is less than 18 years of age. 
(2) FIREARM.—The term ‘‘firearm’’ has the 
meaning given that term in section 921 of title 18, 
United States Code. 
Æ 
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