Protecting Privacy in Purchases Act
Click any stage to learn more about the legislative process.
The bill would bar payment card networks and payment processors from using or assigning special merchant category codes that single out firearms retailers as distinct from general-merchandise or sporting-goods stores.
Supporters say separate firearms codes could let banks or card networks flag or block gun-related purchases; the bill would make such tracking illegal and would preempt state and local laws that regulate these codes.
What this bill would do
What it would do
The bill would prohibit payment card networks from requiring firearms retailers to use, and would prohibit covered entities (payment processors and related businesses) from assigning, a merchant category code that identifies a business as a firearms, ammunition, accessories, or components seller. The Attorney General would enforce the ban, set up a complaint process within 90 days of enactment, investigate complaints, and could seek a federal injunction against networks or processors that fail to fix violations within 30 days of notice. The bill creates no private right of action. The bill would also preempt state and local laws regulating the assignment, use, or disclosure of firearms-specific merchant codes, though it would not block compliance with other fraud, dispute-processing, or cybersecurity rules. It would not restrict how card networks classify non-firearms merchants, and it would not change any other payment-processing regulation.
Key provisions
- 1Would prohibit payment card networks from requiring firearms retailers to use a merchant category code that identifies them as firearms sellers
- 2Would prohibit covered entities from assigning firearms retailers a merchant category code distinguishing them from general-merchandise or sporting-goods retailers
- 3Would require the Attorney General to set up a complaint process within 90 days and investigate alleged violations
- 4Would allow the Attorney General to seek a federal injunction if a violation isn't remedied within 30 days of notice, with no private right of action
- 5Would preempt state and local laws regulating firearms-specific merchant category codes, while preserving other fraud and cybersecurity compliance laws
- 6Would require the Attorney General to submit an annual report to Congress on investigations and the law's effectiveness
Who would be affected
Payment card networks such as Visa and Mastercard, payment processors and other entities that assign merchant category codes, and firearms retailers who sell guns, ammunition, accessories, or components. State and local governments with existing merchant-code laws would also be affected, since their rules on this topic would be preempted.
Why it matters
Firearms retailers and gun-rights advocates have argued that a distinct merchant code could enable surveillance or discrimination against lawful gun purchases; this bill would foreclose that possibility nationwide. Payment networks and processors would face federal investigations and injunctions if they use or assign such codes, and states would lose authority to regulate the practice themselves.
What would change
Agencies directed to act
Effective dates
- Attorney General must establish a complaint-submission process
- Deadline for a payment network or covered entity to remedy a violation after written notice
How implementation would work
Within 90 days of enactment, the Attorney General must establish a process for individuals, including firearms retailers, to file complaints about violations. The Attorney General investigates complaints, and if a violation is found, sends written notice requiring the payment network or covered entity to remedy it within 30 days; failure to comply allows the Attorney General to seek a federal court injunction. The Attorney General must also report annually to Congress on investigations, their outcomes, and data on the law's effectiveness.
Legislative status & sources
Latest action
Rules Committee Resolution H. Res. 1377 Reported to House. Rule provides for consideration of H.R. 1181, H.R. 9022, H.R. 8595 and H.R. 9237. The resolution provides for consideration of H.R. 1181 and H.R. 9237 under a closed rule and H.R. 9022 and H.R. 8595 under a structured rule. The resolution provides for one hour of general debate and one motion to recommit on each bill.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill prohibits payment card networks from using merchant codes that distinguish firearms retailers from general-merchandise retailers or sporting-goods retailers.
The Department of Justice must enforce this bill and report annually on the resulting investigations and cases.
Legislative subjects
Banking and financial institutions regulation; Consumer affairs; Finance and Financial Sector; Firearms and explosives; Retail and wholesale trades; Right of privacy
Committee report
H. Rept. 119-522