Explore The NRA Universe Of Websites

APPEARS IN News

MCC Update: Pro-gun States Block Credit Card Gun Registry Scheme

Monday, July 17, 2023

MCC Update: Pro-gun States Block Credit Card Gun Registry Scheme

Last September, the International Organization for Standardization (ISO) approved a Merchant Category Code (MCC) for firearm retailers. Since the ISO’s decision, NRA-ILA has worked to alert financial industry stakeholders to gun owners’ concerns and urged state lawmakers and attorneys general to address this matter. To date, several states and their attorneys general have taken important steps to protect Americans’ Second Amendment rights and privacy.

Citing severe opposition to the adoption of a firearm retailer MCC, on March 9 American Express, Mastercard, and Visa announced that they had paused implementation of the new code. Specifically, Reuters reported that state legislation to restrict the use of the firearm retailer MCC prompted the companies to halt implementation.

Background

The ISO is a Geneva-based non-governmental organization that consists of a network of “standards bodies” from around the globe that create consensus across various countries and industries. MCCs are used by payment processors (like Visa and Mastercard) and other financial services companies to categorize transactions. MCCs enable payment processors and banks to identify, monitor, and collect data on certain types of transactions. Before the ISO decision, firearm retailers fell under the MCC for sporting goods stores or miscellaneous retail.

The ISO adopted the new firearm retailer MCC at the behest of Amalgamated Bank, and over the objections of industry stakeholders. Amalgamated Bank is a left-wing political project, declaring on their website that they are “proud to support candidates, political parties, political action committees, and political organizations as they seek to build power for progressive change.”

Why it’s dangerous

Backers of the firearm retailer MCC have made clear that their goal is to use the code to enact further gun control through a public-private partnership. Amalgamated Bank noted that they intend to create a software algorithm that will use the MCC “to report suspicious activity and illegal gun sales to authorities.” The contours of what would be deemed “suspicious activity” have not been articulated. As those purchasing firearms from retail establishments already undergo an FBI National Instant Criminal Background Check System (NICS) check, such “suspicious activity” would be aimed at otherwise lawful gun sales.

Describing how the gun control scheme would interface with the federal government, the New York Times explained, “Banks could then either allow [the flagged] transactions, or block them and file suspicious activity reports with the Treasury Department’s Financial Crimes Enforcement Network, which would ideally also create a system to quickly forward that information to local law enforcement and the F.B.I.”

Collecting firearm retailer financial transaction data amounts to surveillance and registration of law-abiding gun owners. Those promoting this scheme are proponents of firearm and gun owner registration and advocate against firearm owners’ privacy. Therefore, it should be assumed that the goal of this program is to share all collected firearm retailer MCC data with government authorities and potentially private third parties that may include gun control organizations and anti-gun researchers.

Federal law contains multiple restrictions on the creation of a national firearms registry and the creation of this MCC should be perceived as an attempt to circumvent those restrictions. The threat posed by firearm registration is greater than ever, as President Joe Biden and Vice President Kamala Harris have both advocated gun confiscation.

Further, this scheme offers a means by which to restrict and surveil those who exercise their First Amendment rights in a manner gun control advocates or the federal government disapprove. Everytown for Gun Safety President John Feinblatt explained, “Banks should report dangerous warning signs to law enforcement when extremists are quickly building up massive stockpiles of guns.” On September 1, 2022 President Joe Biden defined “extremism” to include “Donald Trump and the MAGA Republicans.”

State legislation to defend Second Amendment rights

In the first half of 2023, several states enacted legislation prohibiting or discouraging use of the firearm retailer MCC.

March 11, West Virginia Gov. Jim Justice signed HB 2004.

April 5, Idaho Gov. Brad Little signed HB 295.

April 13, Mississippi Gov. Tate Reeves signed HB 1110.

April 29, North Dakota Gov. Doug Burgum signed HB 1487.

May 12, Florida Gov. Ron DeSantis signed SB 214.

May 19, Montana Gov. Greg Gianforte signed SB 359.

June 10, Texas Gov. Greg Abbott signed HB 2837.

The contours of these bills vary, but the legislation typically prohibits financial institutions from requiring firearm retailers to use a specific MCC. This preserves the pre-September 2022 status quo.

For Instance, Texas law provides,

A financial institution or its agent may not require the usage of the firearms code in a way that distinguishes a firearms retailer physically located in the state of Texas from Texas general merchandise retailers or sporting goods retailers.

The Texas law empowers the attorney general to investigate financial institutions suspected of being in violation of the MCC restriction and provides for civil penalties on those who continue in their illegal course of conduct. Further, those impacted by a financial institution’s MCC violations may bring a private right of action to obtain equitable relief.

West Virginia went further. The Mountain State empowers customers and merchants to bring a civil action for damages against entities that misuse the firearm retailer MCC. Successful plaintiffs are entitled to recover liquidated damages or actual damages, whichever is greater.

The fight’s not over

While lawmakers in states like Florida and Texas have been hard at work defending the rights of law-abiding gun owners, anti-gun lawmakers in some jurisdictions are still attempting to leverage the firearm retailer MCC to attack the Second Amendment.

In California, AB-1587 is working its way through the state legislature. The bill would require financial institutions to “assign to a firearms merchant the merchant category code for firearms and ammunition businesses established by the International Organization for Standardization on September 9, 2022.” The term “firearm merchant” is defined to include those selling merely firearm accessories or ammunition.

As anti-gun jurisdictions attempt to force the firearm retailer MCC on law-abiding gun owners and retailers, Second Amendment supporters must remain vigilant. Early victories against this gun control scheme have demonstrated the capability of dedicated gun rights activists, but future battles on this front will require no less determination.

TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

No Fooling: Trump Administration Pares Back Anti-Gun CDC Center

News  

Monday, April 7, 2025

No Fooling: Trump Administration Pares Back Anti-Gun CDC Center

On April 1, the Trump administration announced wide-ranging reforms to the embattled U.S. public health bureaucracy. According to an article from Politico, part of the reform effort is a “reduction in force that aims to cut 10,000” ...

Cory Booker Goes from “I am Spartacus” to “I am Hypocrite”

News  

Monday, April 7, 2025

Cory Booker Goes from “I am Spartacus” to “I am Hypocrite”

Last week, U.S. Senator Cory Booker (D-N.J.) took to the Senate floor so that he could complain about President Trump and Elon Musk.  He went on for over 24 hours.  One can speculate as to ...

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

Wednesday, April 2, 2025

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

As the clock runs down on Governor Polis' 10-day window to veto Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, he continues to sit on his hands and let the bill gather dust on his ...

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

News  

Thursday, April 3, 2025

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

On April 1, 2025, Representative Ashley Hinson (R-IA-02) and Senator Tom Cotton (R-AR) reintroduced the Repealing Illegal Freedom and Liberty Excises Act, or the RIFLE Act. These bills (H.R. 2552 and S.1224 respectively) would remove a $200 excise tax that is imposed ...

Teach Your Children Well: Schools Step Up to Offer Firearm Safety and Education Programs

News  

Monday, April 7, 2025

Teach Your Children Well: Schools Step Up to Offer Firearm Safety and Education Programs

Providing firearm safety training opportunities to school-aged children is not a novel concept, although utilizing legislative solutions is a newer approach to this old idea. Prior to the 1970s, it was quite standard nationwide for ...

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

News  

Second Amendment  

Monday, March 31, 2025

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Firearms Policy Coalition, Second Amendment Foundation, Colorado State Shooting Association, Magnum Shooting Center, and an NRA member, filed a lawsuit challenging Colorado’s 6.5% excise ...

Hawaii: Firearm Ban Passes House- Contact Your Senator Today!

Monday, April 7, 2025

Hawaii: Firearm Ban Passes House- Contact Your Senator Today!

On Friday, the Hawaii House passed Senate Bill 401, legislation that would expand the current ban on "assault pistols" to include certain rifles and shotguns in addition to banning standard capacity magazines.  The bill will now head ...

Zeroed Out: Trump Administration Formally Ends Biden-Era War on Gun Dealers

News  

Second Amendment  

Tuesday, April 8, 2025

Zeroed Out: Trump Administration Formally Ends Biden-Era War on Gun Dealers

On April 7, the Trump Administration formally revoked the Biden-Harris Administration’s “zero tolerance” policy for inspections of federal firearm licensees (FFLs). The edict ended a bureaucratic reign of terror that was costing small business people their livelihoods over harmless ...

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

News  

Wednesday, April 2, 2025

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

Last week, U.S. Senator Jim Risch (R-ID) and U.S. Representatives Darrell Issa (R-CA-48) and Richard Hudson (R-NC-9) reintroduced the Freedom from Unfair Gun Taxes Act (S.1169 and H.R.2442 respectively). This legislation would prohibit states from ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.