Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.
Impact
The bill significantly impacts state laws governing the sale and regulation of firearms, further reinforcing protections around lawful purchases. It aims to prevent the unintended consequences of creating a de facto gun registry through transaction tracking by financial entities, which could lead to profiling and excessive scrutiny of lawful gun owners. This aligns with existing state and federal regulations requiring background checks for firearms purchases, reinforcing that surveillance of lawful purchases should not be conducted without substantial need.
Summary
Assembly Bill A258 seeks to prohibit credit card companies from using new merchant category codes specifically for purchases of firearms and ammunition. The legislation responds to concerns that such categorization could be exploited to flag what are deemed 'suspicious' transactions, potentially leading to discrimination against lawful firearms transactions and infringing upon the rights of law-abiding citizens. By mandating that purchases in this category be recognized under general merchandise or sporting goods classifications, the bill aims to preserve the privacy and rights of citizens exercising their Second Amendment rights.
Contention
Notably, supporters of the new merchant category code argue it is a necessary step toward enhancing public safety by allowing for the identification of potentially risky purchases. However, opponents, including the sponsors of A258, counter that such measures could lead to financial institutions overstepping their bounds and occasionally denying services to lawful retailers, ultimately discouraging people from engaging in legal transactions. The bill underscores a broader debate about regulatory authority and the balance between public safety and individual rights.
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.
An Act to Prohibit Financial Institutions from Using Merchant Category Codes to Identify or Track Firearm Purchases or Disclose Firearm Purchase Records