Responsible Firearms Marketing Act
Bill: H.R.8570 | Sponsor: Rep. Malinowski, Tom (D-NJ)
Policy area: Commerce

Summary:
Responsible Firearms Marketing Act
This bill requires the Federal Trade Commission to investigate and report on potentially unfair or deceptive practices that may be prevalent in the advertising or marketing of firearms.
Additionally, the commission must issue regulations prohibiting such practices, and the bill provides for enforcement by the commission.

To direct the Federal Trade Commission to conduct an investigation 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) Investigation and Report by Federal Trade Commission.--
            (1) Investigation.--
                    (A) In general.--The Commission shall conduct an 
                investigation to identify potentially unfair or 
                deceptive acts or practices that may be prevalent in 
                the advertising or marketing of firearms.
                    (B) Considerations.--In conducting the 
                investigation 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 1 year after the date of the 
        enactment of this Act, the Commission shall submit to Congress 
        a report on the investigation conducted 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 
        issue 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 issuing 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 regulation under section 18(a)(1)(B) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding 
        unfair or deceptive acts or practices.
            (2) Powers of commission.--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 section. 
        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.
            (3) Rule of construction.--Nothing in this section 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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