Requires use of merchant category codes for purchases of firearms and ammunition.

A2117

ASSEMBLY, No. 2117

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

SYNOPSIS

���� Requires use of merchant category codes for purchases
of firearms and ammunition.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning merchant category codes for purchases of
firearms and ammunition and supplementing Title 2C of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. a. Beginning May 1, 2027, a
merchant acquirer shall 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.

���� b. The Office of the Attorney
General shall have sole and exclusive authority to enforce a violation of this
act.� Nothing in this act shall be construed as providing the basis for, or
subject to, a private right of action for violations of this act or under any
other law.

���� (1) A person that violates the
provisions of this act and fails to cure the violation in accordance with
paragraph (3) of this subsection shall be liable to the penalties enumerated in
this paragraph.� The Attorney General may bring a civil action to enforce the
provisions of this section and remedy harm caused by a violation.

���� If a court determines that a
person has violated the provisions of this act, the court shall award the
following relief:

���� (a) civil penalty in the
amount of $10,000 for each violation;

���� (b) injunctive relief
sufficient to prevent the person from further violations; and

���� (c) reasonable attorney�s fees
and costs incurred in investigating and bringing an action pursuant to this
subsection.

���� (2) At least 30 days before
bringing an action against a person pursuant to paragraph (1) of this
subsection, the Attorney General shall give written notice to the person
identifying the specific provisions of this act that are or were being
violated.

���� (3) The Attorney General shall
not bring an action under paragraph (1) of this subsection if the person that
receives the notice described in paragraph (2) of this subsection:

���� (a) cures the identified
violation within 30 days of receiving the notice; and

���� (b) provides the Attorney
General a written statement confirming that the person has:

���� (i) cured the violation;

���� (ii) provided supporting
documentation to show how the violation was cured; and

���� (iii) made changes to internal
policies to prevent the recurrence of violations in the future.

���� c. As used in this section:

���� �Ammunition� means the same as
that term is defined in section 1 of P.L.2007, c.318 (C.2C:58-3.3).

���� �Firearm� means the same as
that term is defined in N.J.S.2C:39-1.

���� �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 a
firearm, or a shooter�s ability to hold and use a firearm.

���� �Firearms merchant� means a
business physically located in this State for which the highest sales value is,
or is expected to be, from the combined sale in this State of firearms, firearm
accessories, or ammunition, as stated by the business to its merchant acquirer
in the ordinary course of business.

���� �Merchant acquirer� means an
entity that establishes a relationship with a merchant for the purposes of
processing credit, debit, or prepaid transactions.

���� �Payment card network� means
an entity that provides services that route transactions between bank
participants to conduct debit, credit, or prepaid transactions for the purpose
of authorization, clearance, or settlement.

���� �Person� means a firearms
merchant, merchant acquirer, or payment card network.

���� 2.��� This act shall take
effect immediately.

STATEMENT

����
This bill requires merchant acquirers to use the merchant
category code for firearms and ammunition businesses established by the
International Organization for Standardization.

����� The bill defines �firearms merchant� as a business
physically located in this State for which the highest sales value is, or is
expected to be, from the combined sale in this State of firearms, firearm
accessories, or ammunition, as stated by the business to its merchant acquirer
in the ordinary course of business.� Under the bill, the term �merchant
acquirer� means an entity that establishes a relationship with a merchant for
the purposes of processing credit, debit, or prepaid transactions.

����� The bill authorizes the Attorney General to bring a
civil action to enforce the provisions of the bill against any person that
violates the provisions of the bill and who does not cure the violation.� A
person determined by a court to have violated the provisions of the bill is
subject to:

����� (a) a civil penalty in the amount of $10,000 for each
violation;

����� (b) injunctive relief sufficient to prevent the
person from further violations; and

����� (c) reasonable attorney�s fees and costs incurred in
investigating and bringing an action pursuant to the bill.