House committee substitute to the 1st edition makes the following changes.
Modifies definition of payment card network to mean an entity that: (1) directly or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software to route information and data for the purpose of conducting electronic payment transaction authorization, clearance, and settlement; and (2) a merchant uses to accept as a form of payment a brand of debit card, credit card, or other device that may be used to carry out electronic payment transactions (was, an entity involved in facilitating or processing an electronic transfer of funds between a merchant and a customer using a payment card). Keeps exclusions. Expands the conduct prohibited under GS 66-531 so that a payment card network also cannot permit a firearms code in connection with a payment transaction involving a firearms merchant located in the State. Changes the cap for civil penalties under GS 66-514 from $10,000 to $5,000 for each violation.
SECOND AMENDMENT FINANCIAL PRIVACY ACT.
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO ENACT THE SECOND AMENDMENT FINANCIAL PRIVACY ACT.Intro. by Pyrtle, Miller, Goodwin, Chesser.
Bill History:
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Mon, 3 Feb 2025 House: Filed
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Wed, 5 Feb 2025 House: Passed 1st Reading
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Tue, 25 Feb 2025 House: Reptd Fav
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Tue, 25 Feb 2025 House: Re-ref Com On Judiciary 1
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Tue, 15 Apr 2025 House: Reptd Fav Com Substitute
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Tue, 15 Apr 2025 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 15 Apr 2025 House: Reptd Fav
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Tue, 15 Apr 2025 House: Cal Pursuant Rule 36(b)
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Tue, 15 Apr 2025 House: Placed On Cal For 04/29/2025
Bill Summaries:
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Bill H 38 (2025-2026)Summary date: Apr 15 2025 - View Summary
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Bill H 38 (2025-2026)Summary date: Feb 3 2025 - View Summary
Amends GS Chapter 66 by adding new Article 51 (Second Amendment Financial Privacy Act), which prohibits a payment card network from (1) using a firearm code in connection with payment card transactions involving a firearms merchant in the State; (2) knowingly maintaining a record of individuals residing in the state who own firearms; and (3) discriminating against a firearms merchant solely on the assignment or non-assignment of a firearms code in GS 66-513. Makes legislative findings in GS 66-511. Defines firearms code, firearms merchant and payment card network in GS 66-512.
Permits the Attorney General to assess civil penalties of not more than $10,000 for each violation after notice and hearing under GS 66-514. Provides a civil cause of action for firearms merchants, persons using payment cards with a firearms merchant, and persons for whom a financial institution has a record of firearm ownership, against a payment card network, 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, 2025.