HR-7499-119
Referred to the House Committee on Energy and Commerce.
Sponsored by Robin Kelly (D-IL)
What it does
This bill would amend the Consumer Product Safety Act by removing the existing exemption that excludes pistols, revolvers, and other firearms from the definition of "consumer product." This change would give the Consumer Product Safety Commission (CPSC) the legal authority to research, develop, and issue mandatory safety standards for firearms — such as requirements related to design, materials, or safety mechanisms. The bill does not itself set any specific safety standards; it only removes the barrier that currently prevents the CPSC from doing so.
Who benefits
Gun owners and the general public who could benefit from design-based safety features (e.g., drop-safety requirements, trigger standards) that reduce accidental discharges. Children and household members in homes with firearms who may be protected by potential childproofing or storage-related standards. Victims of unintentional shootings and their families. Manufacturers who already meet high safety standards and could gain a competitive advantage over lower-cost competitors who do not. Emergency room physicians and trauma centers that treat unintentional gunshot wounds.
Who is hurt
Firearms manufacturers and importers who would face new compliance costs and potential product redesigns. Firearms retailers who may need to update inventory to meet new standards. Gun owners who prefer existing firearm designs that may not meet future CPSC standards. Smaller or independent gunsmiths whose products could face heightened regulatory burdens. Consumers who may see higher prices if compliance costs are passed through. The firearms industry broadly, which has operated outside CPSC jurisdiction since the agency's creation in 1972.
Supporters argue
Supporters argue that firearms are the only major consumer product category explicitly excluded from CPSC oversight, a carve-out that has no safety rationale — household items from cribs to power tools are subject to federal safety standards, but guns are not. They contend that design-based safety standards, such as requirements for drop-safety mechanisms, could reduce the estimated 535 unintentional firearm deaths and tens of thousands of injuries that occur annually in the U.S. (CDC data), without restricting who may own or carry a firearm.
Opponents argue
Opponents argue that firearms are already subject to extensive federal regulation under the Gun Control Act and the National Firearms Act, and that layering CPSC authority on top creates duplicative, potentially conflicting regulatory regimes. They contend that granting the CPSC — an agency with no firearms expertise — broad rulemaking authority over gun design could allow it to impose standards so restrictive they effectively ban entire categories of commonly owned firearms, raising serious Second Amendment concerns under the post-Bruen text-history-tradition framework.
Constitutional context
The bill delegates new rulemaking authority to the CPSC, an independent federal agency. Under West Virginia v. EPA (2022), agency rules of vast economic and political significance require clear congressional authorization — courts would scrutinize whether this bill's language sufficiently authorizes any sweeping CPSC standards on firearms. After Loper Bright v. Raimondo (2024), courts would independently review the scope of any CPSC rules rather than deferring to the agency's own interpretation of its authority.
Checks and balances
The CPSC (executive branch agency) would gain new rulemaking authority over firearms; Congress retains oversight and appropriations power over the CPSC, and courts would independently review any resulting rules under the major questions doctrine and post-Chevron standards.
Historical precedent
The Consumer Product Safety Act of 1972 originally included the firearms exemption at the time of the CPSC's creation; no prior federal law has successfully subjected firearms to CPSC jurisdiction, making this a precedent-setting expansion of the agency's authority.