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View NCGA Bill Details2023-2024 Session
House Bill 564 (Public) Filed Tuesday, April 4, 2023
Intro. by Pyrtle, Moore, Miller, Goodwin.

Status: Re-ref to the Com on Banking, if favorable, Rules, Calendar, and Operations of the House (House action) (Jun 24 2024)
H 564

Bill Summaries:

  • Summary date: Apr 27 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Amends new GS 66-501 to new Article 51 of GS Chapter 66 (legislative findings for the Second Amendment Financial Privacy Act) to add additional finding, that in order to protect consumers in this State and promote lawful commerce in this State, the Second Amendment Financial Privacy Act prohibits payment card networks from using a firearms code or maintaining a firearms registry. Changes term firearms retailer to firearms merchants and makes conforming changes throughout new Article 51 to use new term. Deletes defined term financial institution. Amends prong two of defined term firearms code to have it mean a code or other indicator that identifies whether a payment (was, payment card transaction) involves the purchase of a firearm or firearm ammunition. Adds new defined term payment card network as an entity involved in facilitating or processing an electronic transfer of funds between a merchant and a customer using a payment card. This term does not include a bank holding federally insured deposits from individuals or a credit union holding federally insured deposits from individuals. Replaces references to financial institution throughout Article 51 with payment card network. Makes technical changes.

  • Summary date: Apr 4 2023 - View Summary

    Amends GS Chapter 66 by adding new Article 51 (Second Amendment Financial Privacy Act), which prohibits financial institutions from (1) using a firearm code in connection with payment card transactions involving a firearms retailer in the State and (2) knowingly maintaining a record of persons in the state who own firearms in GS 66-503. Makes legislative findings related to the 2022 approval of a new merchant category code for firearms by the International Organization for Standardization that would permit tracking of the use of payment cards in purchase transactions at firearm retailers in GS 66-501. Defines financial institution, firearms code, and firearms retailer in GS 66-502. 

    Permits the Attorney General to assess civil penalties of not more than $10,000 for each violation after notice and hearing under GS 66-504. Provides a civil cause of action for firearms retailers, persons using payment cards, and persons for whom a financial institution has a record of firearm ownership, permitting injunctions, statutory damages of $10,000 for each violation, and costs and attorneys' fees in GS 66-505. Provides a three-year statute of limitations on civil actions.

    Effective October 1, 2023.