H.B. 899
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 24, 2024
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10504-MUa-46
Short Title: No Firearms Code for Credit Card Transactions. (Public)
Sponsors: Representative Cleveland.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROHIBIT FIREARMS CODES FOR PAYMENT CARD TRANSACTIONS.
3 The General Assembly of North Carolina enacts:
4 SECTION 1. Chapter 66 of the General Statutes is amended by adding a new Article
5 to read:
6 "Article 52.
7 "No Firearms Codes for Payment Card Transactions.
8 "§ 66-511. Definitions.
9 The following definitions apply in this Article:
10 (1) Financial institution. – An entity involved in facilitating or processing a
11 payment card transaction, including a bank, acquirer, payment card network,
12 or payment card issuer.
13 (2) Firearms code. – Any code or other indicator that identifies whether a person
14 is a firearms retailer or whether a payment card transaction involves the
15 purchase of a firearm, firearm ammunition, or other good related to firearms.
16 (3) Firearms retailer. – A person engaged in the lawful business of selling or
17 trading firearms, firearm ammunition, or other goods related to firearms.
18 "§ 66-512. Prohibition.
19 No financial institution shall use a firearms code in connection with a payment card
20 transaction involving a firearms retailer located in this State.
21 "§ 66-513. Enforcement; civil penalty.
22 The Attorney General may investigate an alleged violation of this Article. After notice and
23 an opportunity for hearing, if the Attorney General determines that a financial institution violated
24 this Article, the Attorney General may assess a civil penalty of not more than ten thousand dollars
25 ($10,000) for each violation. The clear proceeds of any penalty assessed pursuant to this section
26 shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
27 "§ 66-514. Civil liability for violation.
28 (a) Cause of Action. – A civil action may be brought against a financial institution for
29 violation of this Article by either of the following:
30 (1) A firearms retailer located in this State whose payment card transactions are
31 designated with a firearms code.
32 (2) A person that makes a payment card transaction with a firearms retailer
33 located in this State and whose payment card record includes a firearms code
34 for that transaction.
35 (b) Relief and Damages. – A person authorized to institute a civil action by subsection
36 (a) of this section may seek, and the court may award, any or all of the following types of relief:
*DRH10504-MUa-46*
 General Assembly Of North Carolina Session 2023
1 (1) An injunction to enjoin continued violation of this Article.
2 (2) Statutory damages in the amount of ten thousand dollars ($10,000) for each
3 instance of violation of this Article connected to the person filing the civil
4 action.
5 (3) Costs and attorneys' fees.
6 (c) Statute of Limitations. – No action shall be maintained under subsection (a) of this
7 section unless it is commenced no later than three years after the discovery of the violation of
8 this Article."
9 SECTION 2. There is appropriated from the General Fund to the NC Chamber the
10 sum of five thousand dollars ($5,000) for the 2024-2025 fiscal year to notify businesses
11 throughout this State of this act.
12 SECTION 3. Section 2 of this act becomes effective July 1, 2024. The remainder of
13 this act becomes effective October 1, 2024.
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