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