[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5093 Introduced in House (IH)]

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 Representatives 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 CHILDREN.

    (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 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 characters to 
        promote firearms and firearm products.
            (2) A prohibition on firearm brand name merchandise 
        marketed for children (such as hats, t-shirts, and stuffed 
        animals).
            (3) A prohibition on the use of firearm marketing 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 designed with the purpose to 
        appeal to children.
            (5) A prohibition on the manufacturing of a gun intended 
        for use by children that does not clearly and conspicuously 
        note the risk posed by the firearm 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.
    (b) Enforcement.--
            (1) Unfair or deceptive acts or practices.--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)) regarding 
        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 jurisdiction as though all applicable terms 
        and provisions of the Federal Trade Commission Act were 
        incorporated 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 provided in the Federal Trade Commission Act.
    (c) Actions by States.--
            (1) In general.--In any case in which the attorney 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 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 appropriate.
            (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 attorney general, 
        official, or agency shall provide written 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 commission.--
                    (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 
                subsection (a) (referred to in this subparagraph as the 
                ``Federal action''), no State attorney general, 
                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 the powers conferred on the attorney 
        general, official, 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 individual 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.
                                 <all>