North Carolina 2025-2026 Regular Session

North Carolina House Bill H38

Introduced
2/3/25  
Refer
2/5/25  
Report Pass
2/25/25  
Refer
2/25/25  
Report Pass
4/15/25  
Refer
4/15/25  
Report Pass
4/15/25  
Engrossed
4/29/25  

Caption

Second Amendment Financial Privacy Act

Impact

If enacted, this bill will amend Chapter 66 of the General Statutes. It specifically prohibits payment card networks from using any codes associated with firearm purchases, effectively barring the establishment of a financial registry tracking individuals who buy firearms or related accessories. Furthermore, it also limits the ability of payment card networks to discriminate against firearms merchants based on these codes. This legislative measure is positioned as a protective regulation to foster greater consumer confidence and uphold the right to keep and bear arms free from tracking mechanisms.

Summary

House Bill 38, known as the Second Amendment Financial Privacy Act, aims to protect the financial privacy of individuals engaging in lawful firearm-related transactions within North Carolina. The bill addresses recent developments whereby payment card networks began to utilize a specific code to identify transactions at firearms merchants. This move, according to the legislative findings, poses a threat to individual rights under the Second Amendment by subjecting such purchases to unnecessary surveillance and tracking, thereby chilling the willingness of individuals to exercise their rights to bear arms.

Sentiment

The overall sentiment surrounding HB 38 appears to be supportive among proponents of Second Amendment rights and privacy advocates. Supporters argue that by preventing payment networks from distinguishing firearm transactions, it safeguards financial privacy and civil liberties. However, skepticism remains from certain quarters, particularly among those who view such measures as potentially enabling irresponsible firearms access and complicating the regulation of firearms sales, thereby igniting discussions about the balance between rights and responsibilities in gun ownership.

Contention

Notable points of contention include the balance of privacy rights against the obligations of payment networks to track transactions in certain contexts. Supporters of the bill contend that the implementation of such codes constitutes an infringement on individual rights, while opponents may argue that enhanced tracking could lead to improved accountability for firearm purchases. The bill will likely elevate discussions on consumer protection, privacy, and public safety as it progresses through legislative review. Additionally, the enforcement provision allowing civil penalties for violations underscores the seriousness with which the legislature intends to approach this issue.

Companion Bills

No companion bills found.

Previously Filed As

NC H564

Second Amendment Financial Privacy Act

NC S331

Consumer Finance Act Amendments

NC S848

Protect Reproductive Health

NC S525

Consumer Privacy Act

NC H899

No Firearms Code for Credit Card Transactions

NC H908

Decriminalize Reproductive Health

NC H781

Fair Access to Financial Services Act

NC H20

Cash Commitment Act

NC S369

Fair Access to Financial Services Act

NC S477

Amend Bus. Corp. Act/Bus. Opp. Disclosures

Similar Bills

NJ A5709

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

CA AB1587

Financial transactions: firearms merchants: merchant category code.

NJ S1866

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

NJ A258

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

NV SB438

Provides for the licensure and regulation of merchant acquirer limited purpose banks. (BDR 55-974)

MS HB3

Third-party delivery service; prohibit from using name, likeness, trademark or intellectual property of merchant without agreement.

MS SB2218

Third-party service; prohibit from using logo or intellectual property belonging to a restaurant without agreement.

NJ S3706

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