Bill > A5709

Introduced Session

This bill prohibits the use of a new merchant category code to designate when consumers purchase a firearm or ammunition. The bill defines "merchant category code" to mean a specific identification number established by the International Organization for Standardization that is used to identify a specific good or service provided by a merchant. Under the bill, a payment settlement entity, merchant acquiring entity, or third party settlement organization, as those terms are defined pursuant to the Internal Revenue Code, are prohibited from assigning a merchant category code to, or otherwise classifying, a merchant that is a seller of firearms or ammunition separately from general merchandise retailers or sporting goods retailers. Additionally, an entity involved in facilitating or processing a payment card transaction, including, but not limited to, a financial institution, an acquirer, a payment card network, or a payment card issuer, is not to assign to or require a merchant to use a merchant category code that classifies the merchant as a firearms or ammunition retailer or places the merchant as a similar classification. A merchant of firearms or ammunition is to be assigned or is to use a merchant category code for general merchandise retailers or sporting goods retailers. Any agreement or contractual provision between an entity required to comply with the bill and a merchant that is contrary to the bill's provisions is to be considered void. Lastly, the Department of Law and Public Safety is charged with investigating allegations of violations of the bill. The department is to bring, upon a finding of a violation, an administrative action to impose an administrative fine of not more than $10,000 for each violation of the bill.

Committee Categories

Parker Space (R)*,  Harold Wirths (R), 

Introduced, Referred to Assembly Financial Institutions and Insurance Committee (on 11/20/2023)

Official Document