II 118th CONGRESS 1st Session S. 252 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.

1. Short title This Act may be cited as the Protecting Kids from Gun Marketing Act . 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.