North Carolina 2025-2026 Regular Session

North Carolina House Bill H38

Introduced
2/3/25  
Refer
2/5/25  
Report Pass
2/25/25  
Refer
2/25/25  
Report Pass
4/15/25  
Refer
4/15/25  
Report Pass
4/15/25  
Engrossed
4/29/25  

Caption

Second Amendment Financial Privacy Act

Impact

If enacted, this bill will amend Chapter 66 of the General Statutes. It specifically prohibits payment card networks from using any codes associated with firearm purchases, effectively barring the establishment of a financial registry tracking individuals who buy firearms or related accessories. Furthermore, it also limits the ability of payment card networks to discriminate against firearms merchants based on these codes. This legislative measure is positioned as a protective regulation to foster greater consumer confidence and uphold the right to keep and bear arms free from tracking mechanisms.

Summary

House Bill 38, known as the Second Amendment Financial Privacy Act, aims to protect the financial privacy of individuals engaging in lawful firearm-related transactions within North Carolina. The bill addresses recent developments whereby payment card networks began to utilize a specific code to identify transactions at firearms merchants. This move, according to the legislative findings, poses a threat to individual rights under the Second Amendment by subjecting such purchases to unnecessary surveillance and tracking, thereby chilling the willingness of individuals to exercise their rights to bear arms.

Sentiment

The overall sentiment surrounding HB 38 appears to be supportive among proponents of Second Amendment rights and privacy advocates. Supporters argue that by preventing payment networks from distinguishing firearm transactions, it safeguards financial privacy and civil liberties. However, skepticism remains from certain quarters, particularly among those who view such measures as potentially enabling irresponsible firearms access and complicating the regulation of firearms sales, thereby igniting discussions about the balance between rights and responsibilities in gun ownership.

Contention

Notable points of contention include the balance of privacy rights against the obligations of payment networks to track transactions in certain contexts. Supporters of the bill contend that the implementation of such codes constitutes an infringement on individual rights, while opponents may argue that enhanced tracking could lead to improved accountability for firearm purchases. The bill will likely elevate discussions on consumer protection, privacy, and public safety as it progresses through legislative review. Additionally, the enforcement provision allowing civil penalties for violations underscores the seriousness with which the legislature intends to approach this issue.

Companion Bills

No companion bills found.

Previously Filed As

NC H3930

Second Amendment Privacy Act

NC SB1361

Creates the Second Amendment Financial Privacy Act

NC SB216

Creates the Second Amendment Financial Privacy Act

NC S0338

Second Amendment Privacy Act

NC HB1509

To Create The Second Amendment Financial Privacy Act; And To Prohibit Financial Institutions From Using Certain Discriminatory Practices.

NC SB16

Financial institutions; creating the Oklahoma Second Amendment Financial Privacy Act; authorizing certain investigations by Attorney General. Effective date.

NC SB16

Financial institutions; creating the Oklahoma Second Amendment Financial Privacy Act; authorizing certain investigations by Attorney General. Effective date.

NC HB1443

To Create The Second Amendment Financial Privacy Act; To Prohibit Financial Institutions And Payment Networks From Using Certain Discriminatory Practices; And To Provide For Enforcement Of Violations.

NC HB143

Firearm Financial Privacy

NC SB136

Firearm Financial Privacy

Similar Bills

NJ S1705

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

NJ A1251

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

NV SB438

Provides for the licensure and regulation of merchant acquirer limited purpose banks. (BDR 55-974)

HI SB2956

Relating To Consumer Protection.

HI HB2614

Relating To Deceptive Practices.

MI HB4595

Liquor: licenses; issuance of specially designated merchant license or specially designated distributor license; allow for certain locations. Amends sec. 533 of 1998 PA 58 (MCL 436.1533). TIE BAR WITH: HB 4282'25

NJ S2079

Concerns credit card interchange fees and consumer protection.

NJ A1921

Concerns credit card interchange fees and consumer protection.