Questions and Answers:
"Unfair" and "Deceptive" Gun Ads Petition to The FTC

• What is the basis of the petition being filed with the FTC?
• What makes an advertisement "unfair" or "deceptive"?
• Why are these ads "unfair" and "deceptive"?
• What evidence supports the claim that guns in the home pose a substantial risk to those living there?
• What about claims by the gun lobby that the protective benefits of a gun in the home outweigh any harm they may cause?
• Aren't these ads protected speech under the First Amendment to the U.S. Constitution?
• What action do you expect the FTC to take on the petition?

What is the basis of the petition being filed with the FTC?

The petition charges that certain firearms advertisements are "unfair" and "deceptive" because they suggest to consumers that the introduction of a handgun into the home will make the people living there safer when, in fact, the best available scientific data shows that the presence of a gun in the home actually makes it more likely that those who live there will die by gunfire.

What makes an advertisement "unfair" or "deceptive"?

The FTC considers an ad to be "unfair" if it causes substantial consumer injury that is not outweighed by any benefits to consumers or competitors and that could not have reasonably been avoided by the consumer. An ad is considered "deceptive" if it contains misrepresentations or omissions that are material to the consumer's decision to purchase the product and are likely to mislead a reasonable consumer.

Why are these ads "unfair" and "deceptive"?

These ads try to induce the purchase of a handgun by playing on consumers' fear of crime and suggesting to consumers that the purchase of a handgun will make both them and their families safer. The ads fail to disclose, however, that rather than improving personal safety, bringing a gun into the home actually makes it more likely that someone in the home will die by gunfire. Some of the ads are particularly egregious because they appear to endorse leaving a handgun unsecured and in plain view, even in a home with young children.

What evidence supports the claim that guns in the home pose a substantial risk to those living there?

Scientific studies have demonstrated that the presence of a gun in the home increases by 2.7 times the risk that a resident will die in a homicide and by 4.8 times the risk a resident will commit suicide. Research also shows that virtually all the increased risk of homicide involves a friend or family member.

What about claims by the gun lobby that the protective benefits of a gun in the home outweigh any harm they may cause?

The best available scientific evidence simply does not support the claim that guns are commonly used in a defensive manner against criminal attack. The most widely-accepted figures are reported by the Bureau of Justice Statistics in the National Crime Victimization Survey. There, the government reports only about 85,000 annual civilian defensive uses of guns. This contrasts to 40,000 gun deaths, 100,000 non-fatal gun injuries and in excess of 900,000 criminal victimizations with guns each year.

Aren't these ads protected speech under the First Amendment to the U.S. Constitution?

No. The First Amendment does not protect false and misleading advertising. Under Supreme Court precedent, commercial speech, like these ads, receives less protection than political speech, and ads that are false or misleading are entitled to no protection at all.

What action do you expect the FTC to take on the petition?

The petition urges the FTC to order gun manufacturers to stop the publication of advertisements that suggest a protective effect from a handgun kept in the home. We hope that our petition will spur the FTC to investigate the prevalence of such ads and to issue an order forbidding gun manufacturers from publishing such ads in the future.