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S114Senate2019-2020 Session

Allow Credit Card Gun Sales

Official title

“Relates to the purchase of firearms and firearm ammunition with a credit card”

Status
In Senate Committee
Consumer Protection
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Protection

What's happening

This bill requires credit and debit card companies in New York to allow their cards to be used for purchasing firearms and ammunition.

Why it matters

  1. Prevents financial companies from restricting legal gun and ammunition purchases. By requiring credit/debit card providers to allow transactions for firearms and ammunition, the bill directly addresses efforts by some financial institutions to limit or block such purchases, which has been a growing trend in the industry.

  2. Could impact gun rights and access debates. The legislation touches on the intersection of financial services and Second Amendment rights, making it harder for banks or payment processors to indirectly restrict access to firearms through their policies.

  3. May set a precedent for state-level intervention in private business practices. If passed, New York would be mandating how financial service providers treat a specific category of lawful goods, which could invite similar legislation for other controversial products or in other states.

  4. Implications for consumer choice and business compliance. Gun owners would have more consistent access to electronic payment options, while card issuers and processors would need to adjust their operations and policies to comply, potentially increasing administrative oversight and regulatory complexity.

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Who cares

Headline styles

Allow Credit Card Gun Sales

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Robert Ortt

Senator · Senate District 62

1 Co-sponsor

History

  1. Referred to consumer protection
  2. Referred to consumer protection

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

114

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to the purchase of firearms and firearm ammunition with a credit card or debit card

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general business law is amended by adding a new article 29-bb to read as follows:

ARTICLE 29-BB

USAGE OF CREDIT CARDS TO PURCHASE CERTAIN GOODS Section 529. Definitions.

529-a. Purchasing of certain goods with a credit card or debit

card.

§ 529. Definitions. In this article, unless the context or subject matter otherwise requires:

1. "Credit card" means and includes any credit card, credit plate, charge plate, courtesy card, or other identification card or device issued by a person to another person which may be used to obtain a cash advance or a loan or credit or to purchase or lease property or services on the credit of the issuer or of the holder;

2. "Debit card" means a card, plate or other similar device issued by a person to another person which may be used, without a personal identification number, code or similar identification number, to purchase or lease property or services. The term does not include a credit card or a check, draft or similar instrument.

3. "Person" includes an individual, corporation, partnership or association, two or more persons having a joint or common interest or any other legal or commercial entity;

4. "Issuer" means a person who issues a credit card or a debit card;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02849-01-9

S. 114 2

5. "Holder" means a person to whom such a credit card or debit card is issued or who has agreed with the issuer to pay obligations arising from the use of a credit card or debit card issued to another person;

6. "Processor" means a person who facilitates the use of credit cards or debit cards between a holder and a seller;

7. "Processor service" means the credit card or debit card facilitation service provided by the processor; and

8. "Seller" means any person who honors credit cards or debit cards which may be used to purchase property.

§ 529-a. Purchasing of certain goods with a credit card or debit card. Every issuer and processor who does business within the state shall allow for the use of their credit cards, debit cards, or processor service for the purpose of purchasing firearms or firearm ammunition.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to the purchase of firearms and firearm ammunition with a credit card or debit card

Purpose

This legislation would clarify that the use of a credit or debit card to purchase firearms or ammunition is an allowable purchase.

Summary of provisions

Section creates clarifies that the purchase of firearms and firearm ammunition shall be allowable purchases for the use of a consumers cred- it or debit card. Section 2 is the effective date.

Justification

Recently the Comptroller of the State of New York has asked credit card companies to reclassify purchases of firearms as a high-risk transaction similar to how credit card companies flag the purchase of pornography or illicit drugs. The ownership of firearms is guaranteed by our 2nd Amend- ment and it is unconscionable to think that the major means for purchase of these items would be expressly prohibited from being allowed to occur. This legislation seeks to ensure that someone who seeks to legal- ly purchase a weapon can do so using his or her credit or debit card.

Legislative history

S. 8189 Referred to Consumer Protection

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.