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