(a) (1) A firearm industry member shall not advertise, market, or arrange for placement of an advertising or marketing communication offering or promoting any firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors. (2) In determining whether marketing or advertising of a firearm-related product is attractive to minors, as described in paragraph (1), a court shall consider the totality of the circumstances, including, but not limited to, whether the marketing or advertising: (A) Uses caricatures that reasonably appear to be minors or cartoon characters to promote firearm-related products. (B) Offers brand name merchandise for minors, including, but not limited to, hats, t-shirts, or other clothing, or toys, games, or stuffed animals, that promotes a firearm industry member or firearm-related product. (C) Offers firearm-related products in sizes, colors, or designs that are specifically designed to be used by, or appeal to, minors. (D) Is part of a marketing or advertising campaign designed with the intent to appeal to minors. (E) Uses images or depictions of minors in advertising and marketing materials to depict the use of firearm-related products. (F) Is placed in a publication created for the purpose of reaching an audience that is predominately composed of minors and not intended for a more general audience composed of adults. (3) This subdivision does not apply to a communication offering or promoting any firearm safety program, hunting safety or promotional program, firearm instructional course, sport shooting event or competition, or any similar program, course, or event, nor does it apply to a communication offering or promoting membership in any organization, or promotion of lawful hunting activity, including, but not limited to, any fundraising event, youth hunting program, or outdoor camp. (b) A firearm industry member publishing material directed to minors in this state or who has actual knowledge that a minor in this state is using or receiving its material, shall not knowingly use, disclose, compile, or allow a third party to use, disclose, or compile, the personal information of that minor with actual knowledge that the use, disclosure, or compilation is for the purpose of marketing or advertising to that minor any firearm-related product. (c) As used in this chapter: (1) âAmmunitionâ has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code. (2) âFirearmâ has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code. (3) âFirearm accessoryâ 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 a firearm, the lethality of the firearm, or a shooterâs ability to hold, carry, or use a firearm. (4) âFirearm industry memberâ means any of the following: (A) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products. (B) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association formed for the express purpose of promoting, encouraging, or advocating for the purchase, use, or ownership of firearm-related products that does one of the following: (i) Advertises firearm-related products. (ii) Advertises events where firearm-related products are sold or used. (iii) Endorses specific firearm-related products. (iv) Sponsors or otherwise promotes events at which firearm-related products are sold or used. (5) âFirearm-related productâ means a firearm, ammunition, reloaded ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions: (A) The
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