2023 AB1587 - mark credit card firearms-related transactions

[Librarian]

From FPC tweet

Gut and amend - https://leginfo.legislature.ca.gov/f...02320240AB1587

Financial transactions: firearms merchants: merchant category code.

Existing law, the California Financing Law, generally provides for the licensure and regulation of finance lenders, brokers, and program administrators by the Commissioner of Financial Protection and Innovation.

Existing law establishes a firearm industry standard of conduct that requires a firearm industry member to establish, implement, and enforce reasonable controls and to take responsible precautions to ensure that the member does not sell, distribute, or provide a firearm-related product to a downstream distributor or retailer of firearm-related products under specified circumstances. Existing law prohibits a firearm industry member from manufacturing, marketing, importing, offering for wholesale sale, or offering for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California, as specified. Existing law authorizes, among others, the Attorney General to bring a civil action against a firearm industry member for an act or omission in violation of the firearm industry standard of conduct, as specified. Existing law defines various terms for these purposes.

This bill would require specified entities that facilitate or process a payment card transaction to assign to a firearms merchant, or require a firearms merchant to use, the merchant category code for firearms and ammunition businesses established by the International Organization for Standardization on September 9, 2022. The bill would prohibit specified entities involved in facilitating or processing a payment card transaction from assigning to a firearms merchant, or from requiring a firearms merchant to use, a merchant category code that classifies the firearms merchant as a general merchandise retailer or sporting goods retailer. The bill would provide that the Attorney General has exclusive authority to enforce these provisions, and would authorize the Attorney General to bring a civil action to enforce these provisions and remedy harm caused by a violation of these provisions. The bill would require a court that determines that a person or entity has violated these provisions to award specified relief, including a civil penalty in the amount of $10,000 for each violation. The bill would define various terms for these purposes.

Already passed Assembly, in Senate committee.

[DolphinFan]

There is no need for the state to collect any information on any legal item sold to anyone in California.
I think it violates Article 1 Section 1 of the California Constitution.
We all have the Inalienable Right to Privacy.

[abinsinia]

It seems like the Dems just want to push anything Republicans don't like .. I can't imaging what Dems would do without Republicans. There would be no laws to make.

[bool1tholz]

Governor signed AB 1587 today.

https://web.archive.org/web/20230926201738/https://www.gov.ca.gov/2023/09/26/governor-newsom-strengthens-californias-nation-leading-gun-safety-laws/

This bill would, by July 1, 2024, require a payment card network to make the merchant category code for firearms and ammunition businesses established by the International Organization for Standardization on September 9, 2022, available for merchant acquirers that provide payment services for firearms merchants. The bill would, beginning May 1, 2025, require a merchant acquirer to assign to a firearms merchant that merchant category code. The bill would provide that the Attorney General has exclusive authority to enforce these provisions, and would authorize the Attorney General to bring a civil action to enforce these provisions and remedy harm caused by a violation of these provisions. The bill would require a court that determines that a person or entity has violated these provisions to award specified relief, including a civil penalty in the amount of $10,000 for each violation.

[Subotai]

Commies gonna commie.

[Superben104]

This is one more step in the direction of GCBDs

[SamsDX]

It'll suck not earning credit card points on purchases from "firearms merchants" here in the state of California, but I guess I'll just move to cash. It's generally better for privacy reasons, anyway.

On a basic polymer handgun costing $700, that's $14 in credit card points I'm forfeiting assuming 2% cash back. For an expensive $3000 rifle, that's $60 in credit card points I'm forfeiting. Even $60 seems cheap in comparison to the hassle they could theoretically put me through.

[MEGSDAD]

How would this apply to firearms or ammo bought at Bass Pro, Sportsmans Warehouse, etc. ? Wouldn't the purchase be labeled as sporting goods?

[SamsDX]

How would this apply to firearms or ammo bought at Bass Pro, Sportsmans Warehouse, etc. ? Wouldn't the purchase be labeled as sporting goods?

AB 1587 requires "firearms merchants" to use the firearms merchant code. "Firearms merchant," in turn, is defined as a retailer doing business in California for "which the highest sales value is, or is expected to result from, the sale of firearms, firearms accessories, or ammunition in aggregate."
?Firearms merchant? means a retailer doing business in California for which the highest sales value is, or is expected to result from, the sale of firearms, firearms accessories, or ammunition in aggregate." There is no definition for "firearms accessories." I also don't know of any definition in the Penal Code for "firearms accessories." (It could be there, I just don't know). So, does a riflescope constitute a firearm accessory? How about a Pelican case? Reloading dies and presses? I have no idea.

What's more interesting is how out-of-state merchants with extensive California customers will resolve the conflict with other states' laws that specifically prohibit the use of the firearms merchant code. Either they set up a separate business entity/merchant account that runs credit cards only for customers in California with the proper firearms merchant code, or they stop doing business in California altogether.

I'm not sure if BassPro or Sportsman's Warehouse would qualify under the "highest sales value" definition - maybe not? But Brownell's or Midway might.

[Glock21sfsd]

From FPC tweet

Gut and amend - https://leginfo.legislature.ca.gov/f...02320240AB1587


Already passed Assembly, in Senate committee.

Cash is King! Such a ridiculous law!

[DCoakley]

Nothing more than collecting "evidence" so when they great gun grab happens they'll point you point a firearm and now must turn it in. It's coming folks.

[Coolguy101]

Does anyone have any insight as to what the firearm accessories actually are? Is there a list? The way its written, it seems like it can apply to just about anything that attaches to a firearm.

Regarding (c) "Firearm accessory" means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the firearm, or a shooter's ability to hold and use a firearm.

[splithoof]

Cash is King! Such a ridiculous law!

Yes it is, and some “cards” can be purchased with cash at convenience stores and used in place of your regular card. There are a multitude of ways to stifle collection of data regarding most all gun laws; you just have to think outside the box.
The government has created this situation. It is up to the citizen to surgically work around them to their own comfort level.

[Wherryj]

Nothing more than collecting "evidence" so when they great gun grab happens they'll point you point a firearm and now must turn it in. It's coming folks.

Yep. Also, ever wonder why the push for mandating "electronic health records"? Among other data that the government wants to mine are questions about firearm ownership that ALL providers are supposed to ask. Defacto gun registry at your physician's office.

[sirgrumps]

Cash is King! Such a ridiculous law!

^^^^^ This.

Also, if one purchases from out of state vendors, look for a list of states that specifically bans the use of firearms merchants codes, like Montana, Idaho and a few others.
You must also look for a name on your bill that list stores "XXX Sporting Goods," Brownells," as opposed to "Velocity Ammo" or "On-Target Range."