S1737-118

1. Short title This Act may be cited as the Responsible Firearms Marketing Act.

2. Unfair or deceptive acts or practices related to the advertising or marketing of firearms 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. In conducting the study under subparagraph (A), the Commission shall consider— advertising or marketing materials that may— be designed to appeal to individuals who are younger than 18 years of age; or imply or encourage illegal use of the advertised or marketed product; and advertising or marketing of semiautomatic assault weapons. 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. Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information under paragraph (1). 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. In promulgating regulations under paragraph (1), the Commission shall address— unfair or deceptive advertising or marketing that— may be designed to appeal to individuals who are younger than 18 years of age; may imply or encourage illegal use of the advertised or marketed product; or relates to the sale of semiautomatic assault weapons; and any other unfair or deceptive acts or practices related to the advertising or marketing of firearms by manufacturers, dealers, or importers of firearms. 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)). 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. 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.). Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. In this section: The term Commission means the Federal Trade Commission. The terms firearm, importer, manufacturer, and dealer have the meanings given such terms in section 921(a) of title 18, United States Code.