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NC H38

NC H38
Second Amendment Financial Privacy Act


summary

Introduced
02/03/2025
In Committee
04/30/2025
Crossed Over
04/29/2025
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO ENACT THE SECOND AMENDMENT FINANCIAL PRIVACY ACT.

AI Summary

This bill, known as the Second Amendment Financial Privacy Act, aims to protect individuals' rights to purchase firearms by restricting payment card networks' ability to track or categorize firearm-related transactions in North Carolina. The bill prohibits payment card networks from using a specific merchant category code for firearms merchants, maintaining a registry of firearm owners, or discriminating against firearms merchants based on such categorization. It defines key terms like "firearms code," "firearms merchant," and "payment card network," and provides enforcement mechanisms through the Attorney General, who can investigate violations and assess civil penalties up to $5,000 per violation. Additionally, the bill allows individual firearms merchants, transaction participants, or potential victims of firearm ownership tracking to file civil lawsuits seeking injunctions, statutory damages of $10,000 per violation, and legal costs. The legislation stems from concerns about a new international merchant category code that could potentially create a "chilling effect" on Second Amendment rights by enabling surveillance of firearm purchases. The bill will become effective on October 1, 2025, and is designed to protect consumers' privacy and promote lawful commerce in firearms.

Committee Categories

Business and Industry, Government Affairs, Justice

Sponsors (35)

Last Action

Ref To Com On Rules and Operations of the Senate (on 04/30/2025)

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