North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1487

Introduced
1/18/23  
Refer
1/18/23  
Report Pass
2/15/23  
Engrossed
2/17/23  
Refer
2/20/23  
Report Pass
3/23/23  
Refer
3/24/23  
Report Pass
4/5/23  
Enrolled
4/26/23  

Caption

Financial entities use of merchant codes to track firearm and ammunition-related purchases; to provide a penalty; to provide a continuing appropriation; and to provide for a legislative management study.

Impact

The implementation of HB 1487 will significantly influence both consumers and financial entities in North Dakota. By prohibiting the collection of data that could lead to a registry of firearm owners, the bill aims to enhance the privacy of gun owners. However, it also places restrictions on financial practices that could potentially affect how transactions are processed. The Attorney General is given the authority to investigate violations and enforce penalties, which could include substantial financial repercussions for entities that fail to comply with these new regulations.

Summary

House Bill 1487 aims to regulate the use of merchant codes by financial entities when processing transactions related to firearms and ammunition. The bill specifically prohibits financial entities from requiring the use of a firearms code that distinguishes firearms retailers from other retailers. This regulation is intended to prevent discrimination against lawful firearms purchases and ensure that transactions do not unfairly target lawful commerce in firearms. The bill also includes provisions for penalties and the establishment of a merchant code violation fund to support individuals who might suffer from violations of these regulations.

Sentiment

The sentiment surrounding HB 1487 is divided largely along partisan lines. Supporters advocate for the bill as a necessary protection for the rights of gun owners and a measure to prevent discrimination against lawful firearm purchases. In contrast, opponents express concerns that the bill could hinder legitimate efforts to curb gun violence and undermine transparency in the tracking of firearm sales. Thus, the debate reflects a broader national discourse on gun rights and control, with strong feelings on both sides about the implications of such policies.

Contention

Notably, the bill has faced contention regarding the balance between consumer privacy and potential public safety implications. Advocates argue that financial institutions should not engage in practices that could lead to the creation of a firearm ownership registry, while critics are worried that this could complicate efforts to monitor and prevent illegal firearms transactions. Furthermore, the legislative management study mandated by the bill regarding the costs associated with sales tax compliance for retailers indicates that it may also intersect with economic considerations in the retail space.

Companion Bills

No companion bills found.

Previously Filed As

ND S3706

Requires use of merchant category codes for purchases of firearms and ammunition.

ND A5345

Requires use of merchant category codes for purchases of firearms and ammunition.

ND HF2464

A bill for an act relating to merchant category codes for transactions involving firearms and ammunition, firearm registries and records, and providing civil penalties. (Formerly HSB 671.) Effective date: 07/01/2024.

ND HB2837

Relating to prohibiting a person or entity from surveilling, reporting, or tracking the purchase of firearms, ammunition, and accessories through the use of certain merchant category codes; imposing a civil penalty.

ND A5709

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

ND SB81

Prohibit the use of a firearms code for transactions involving firearms, accessories, components, and ammunition and to provide a civil penalty therefor.

ND A258

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

ND S1866

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

ND LD1867

An Act to Prohibit Financial Institutions from Using Merchant Category Codes to Identify or Track Firearm Purchases or Disclose Firearm Purchase Records

ND AB1587

Financial transactions: firearms merchants: merchant category code.

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