H.R. 5093 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5093 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. 1. Short title This Act may be cited as the Children’s Firearm Marketing Safety Act. 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.