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March 4th, 2024

Proposed Law Would Block Gun-Specific Transaction Codes

NSSF merchant category code Federal legislation Rep. Elise Stefanik congress credit card gun sales

New Protecting Privacy in Purchases Act Introduced in Congress
NSSF commends the Protecting Privacy in Purchases Act, proposed legislation introduced by U.S. Rep. Elise Stefanik (R-NY), which would ban the use of a firearm retailer-specific Merchant Category Code (MCC). The legislation would protect firearm and ammunition purchasers from financial service and payment card providers compiling purchase history. This could be used effectively to create a nationwide database of gun users, though a Federal gun registry is explicitly forbidden under Federal law.

We have seen that transactional info from gun and ammo sellers has already been exploited by the federal government for political purposes. And some states are mandating gun-specific MCCs — California enacted legislation last year requiring the use of a firearm retailer-specific MCC and Colorado is considering legislation that would do the same.

Federal Agency Has Already Collected Gun Purchase Info
The U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) admitted to U.S. Sen. Tim Scott (R-SC) in a letter that it violated the Fourth Amendment rights of law-abiding citizens that protect against illegal search and seizure when it collected the credit card purchase history from banks and credit card companies of individuals who purchased firearms and ammunition in the days surrounding January 6, 2020. Treasury’s FinCEN had no cause, and sought the information without a warrant, to place these law-abiding citizens on a government watchlist only because they exercised their Second Amendment rights to lawfully purchase firearms and ammunition.

Lawrence G. Keane, NSSF Senior VP & General Counsel noted: “The Biden administration has already proven they cannot be trusted to respect the private firearm transactions of law-abiding citizens. Without a warrant, federal agencies collected financial information on private firearm and ammunition transactions to create an illegal government watchlist of gun owners. Representative Elise Stefanik’s legislation would rein in federal overreach to use the private financial transactions of law-abiding citizens against them for political means. No American should be concerned that the federal government is employing this scheme, concocted by gun control cheerleaders, that weaponizes an individual’s finances and their free exercise of Second Amendment rights to wrongly identify them as a criminal-in-waiting.”

NSSF thanks Representative Stefanik for leading the fight against big government lawmakers whose goal it is to monitor and deny lawful transactions by law-abiding Americans.

NSSF merchant category code Federal legislation Rep. Elise Stefanik congress credit card gun sales

The need for a federal policy has become necessary since several states have enacted similar legislation to protect the privacy of firearm and ammunition purchasers, including Florida, Idaho, Mississippi, Montana, North Dakota, Texas, and West Virginia. Several additional states are currently considering similar legislation. Unfortunately, some blue states are doing just the opposite — in fact California passed a law requiring the use of firearm retailer-specific Merchant Category Codes. So a Californian could be placed on a gun-owner watch list if he/she bought anything from a listed store, gun-related or not.

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June 9th, 2023

NSSF Report on Recent Gun-Related State Legislation

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In this episode of the NSSF Bullet Points podcast, NSSF’s Managing Director State Affairs Jake McGuigan discusses fending off “woke” corporate agendas and anti-gun policies. Jake explains recent successes in state houses around the U.S. including, addressing financial discrimination against the firearm industry by enacting the Firearm Industry Non-Discrimination (FIND) Act and successful restrictions on credit card processing companies that are attempting to track firearm purchases with new Merchant Category Codes.

Recent Gun Rights Successes in State Legislatures »

0:00 Intro
0:42 Round up of pro-gun bills being passed in state houses
2:03 FIND Act
6:39 Pushing back on “woke” agendas and policies (ESG)
8:59 Restricting credit card processor’s ability to track firearm purchases
13:23 Outlook

1700+ Gun-Related Bills in State Legislature in Past 12 months
More than 1,700 firearm-related bills have been introduced in state legislatures since last May. Ninety-three of those bills were passed by legislatures and signed into law. Of those, 56% “expanded access to firearms or benefited the firearms industry by allowing manufacturing in the state or protecting them from liability lawsuits.” On the flip side, nearly 44% of the bills “restricted access to firearms or supported victims/potential victims in gun-related cases.”

Summary of 2022-2023 Legislative Action by State »

Some states have been tougher than others. Several states like Washington, Oregon, California, Illinois, New York and Connecticut have supermajorities that skew toward gun control. Other states, like Arizona, Nevada and Virginia are slim majorities or split between the parties controlling one side of the legislature or the other. Still, other states like Florida moved aggressively to protect the firearm industry.

Success in Halting Firearms-Related Credit Card Tracking
Several legislatures have passed laws that prohibit the use of a firearm retailer-specific Merchant Category Code (MCC) by credit card companies to track lawful sales. That tracking could lead to backdoor gun control and firearm ownership lists by government agencies. Florida’s Gov. Ron DeSantis recently signed this law, as did Montana’s Gov. Greg Gianforte and North Dakota’s Gov. Doug Burgum. West Virginia’s Gov. Jim Justice, Mississippi’s Gov. Tate Reeves and Idaho’s Gov. Brad Little have signed laws barring the use of a MCC on firearm purchases earlier this year. Similar legislative efforts are ongoing on the federal level.

It is important to halt the use of Merchant Codes to track gun-related purchases, because this data could, potentially, be used to create a national Firearms Registry, something expressly prohibited by Federal law.

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September 24th, 2022

Credit Card Companies to Implement Special Code for Gun Sales

There is a chilling new threat to Second Amendment rights coming from the financial sector. Major credit card companies — Mastercard, Visa, and American Express — intend to implement a new purchase code identifying sales at gun stores. This new “Merchant Category Code” (MCC) identifies specific types of transactions/purchases. If shared with state or federal agencies, lists of gun-coded purchases could be used to create a de-facto national registry of gun owners. That is a disturbing prospect.

Fox Business reports: “Payment processor Visa announced … its plans to separately categorize gun shop sales, joining Mastercard and American Express, which have already said they would categorize purchases at firearm stores. Visa said it would apply the International Organization for Standardization’s new merchant code to gun shop sales. The new IOS code was announced on Friday [September 9, 2022]. Previously, gun store sales were labeled as ‘general merchandise’.”

The NRA Institute for Legislative Action explained the risk of this new code for gun sales: “If fully implemented by the various payment processors, the hope of gun-control groups for this new MCC is that it will create a registry of gun owners that they have long sought.”

“On September 9, the International Organization for Standardization (“ISO”) announced that it would create a new Merchant Category Code (“MCC”) specific to firearm and ammunition retailers. MCCs are the codes that payment processing networks (like Visa, Mastercard, and American Express) use to categorize various transactions. This is the system that allows various credit cards to offer different benefits for certain categories of purchases or to charge different fees for those same categories.” (SEE NRAILA.org Report.)

The push for this new code originated with anti-gun groups in Democrat-controlled blue states. This action by the ISO was made at the urging of New York-based Amalgamated Bank, which bragged about being “the first banking organization to endorse Everytown for Gun Safety’s principles”. Amalgamated’s petition was supported by Sen. Elizabeth Warren (D-MA), New York Mayor Eric Adams, and the anti-gun groups Giffords and Guns Down America. Fox Business reported that “New York City officials and pension funds had pushed the ISO and banks to adopt the new code on gun shop sales”.

There is a real concern that there would be broad over-reporting of sales relating to guns, because the Code would be applied to a variety of purchases.

NRA America’s First Freedom explains: “A person who uses a credit card to purchase a gun safe, a trolling motor and binoculars from a sporting goods store over several weeks or months, as well as any ammunition they might need, will make all of these purchases under the same proposed MCC used for gun sales. If anti-Second Amendment extremists get their way, these purchases could then prompt a credit-card company to report the sales to the authorities. Next, a police officer, or an agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), might show up at a citizen’s home to find out why they’ve been buying so much stuff from their local ‘gun store’.”

Fighting Back — 24 State Attorney Generals Oppose New Code

The Attorney Generals (AGs) of 24 states have sent letters to Credit Card company CEOs requesting elimination of the new Merchant Category Code (MCC) for gun stores being implemented by Visa, Mastercard, and American Express. These AGs of 24 states stated their intent to “marshal the full scope of our lawful authority” to block the use of the new Code to be applied to gun and gun-related sales.

The AGs sent a letter last week to the CEOs of American Express, Mastercard, and Visa. The AGs explained that the Code could be misused and lead to a de facto gun registry: “Creating and tracking this data only matters if your institutions are considering using that information to take further, harmful action—like infringing upon consumer privacy, inhibiting constitutionally protected purchases by selectively restricting the use of your payment systems, or otherwise withholding your financial services from targeted ‘disfavored’ merchants.” READ MORE.

The AGs added that the Code would not be able to distinguish between actual firearms sales vs. hunting/outdoor accessories, leading to problems for consumers: “This categorization would not recognize the difference, for example, between the purchase of a gun safe and a firearm. Nor would it capture firearm purchases made at department stores, resulting in arbitrarily disparate treatment of ‘gun store’ merchants and consumers.”

Along with the letters set to Credit Card companies, Florida’s Chief Financial Officer, Jimmy Patronis, has issued a statement saying that the use of a special gun code by Credit Card companies threatens the Second Amendment. Accordingly, he says the state of Florida would oppose this:

“If we come to the legislative session and companies like Visa, Mastercard and American Express are generating these reports to create a chilling effect against the purchase of firearms, then I’ll work with the Legislature to pass a law penalizing businesses who are targeting the right to bear arms.” READ MORE.

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