119-s2154

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2154 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2154

 To direct the Federal Trade Commission to prescribe rules prohibiting 
 the marketing of firearms to minors, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 24, 2025

 Mr. Markey (for himself, Mr. Murphy, Mr. Schumer, Mr. Durbin, Ms. 
Warren, Mr. Padilla, Mr. Reed, Mr. Kaine, Mr. Heinrich, Mr. Booker, Mr. 
 Whitehouse, Mr. Welch, Mr. Blumenthal, Ms. Hirono, and Ms. Duckworth) 
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.

 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 ``Protecting Kids from Gun Marketing 
Act''.

SEC. 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.
 <all>