Legislation
SECTION 529-A
Merchant category-codes
General Business (GBS) CHAPTER 20, ARTICLE 29-BBB
§ 529-a. Merchant category-codes. 1. For the purposes of this section,
the following terms shall have the following meanings:
(a) "Dealer of ammunition" means any person who engages in the
business of purchasing, selling or keeping ammunition in this state.
(b) "Dealer of firearms" means a gunsmith or dealers in firearms in
this state licensed pursuant to section 400.00 of the penal law, for
which the highest sales value is, or is expected to be, from the
combined sale in New York of firearms, firearm accessories, or
ammunition, as stated by the business to its merchant acquirer in the
ordinary course of business.
(c) "Firearm" has the same meaning as that term is defined in
subdivision three of section 265.00 of the penal law.
2. (a) On or before November first, two thousand twenty-four, each
payment card network shall make the merchant category-code for firearms
and ammunition businesses established by the international organization
for standardization on September ninth, two thousand twenty-two,
available for merchant acquirers that provide payment services for
dealers of ammunition or dealers of firearms.
(b) On and after May first, two thousand twenty-five, each merchant
acquirer shall assign to each dealer of ammunition and dealer of
firearms in this state the merchant category-code for firearms and
ammunition businesses established by the international organization for
standardization on September ninth, two thousand twenty-two.
3. Whenever there shall be a violation of this section, the attorney
general shall give written notice to the person violating this section
identifying the specific provisions of this section that are or were
being violated. The attorney general shall not bring an action under
this section where, within thirty days of receiving such written notice,
the person cures the violation and provides the attorney general with a
written statement confirming the violation was cured, including
supporting documentation on how the violation was cured, and stating how
internal policies were changed to prevent such violations in the future.
If the violations were not cured or proper written notice not received
by the attorney general within thirty days of written notice being
received by such person violating this section, an application may be
made by the attorney general in the name of the people of the state of
New York to a court or justice having jurisdiction by a special
proceeding to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of such
violations; and if it shall appear to the satisfaction of the court or
justice that the defendant has, in fact, violated this section, an
injunction may be issued by such court or justice, enjoining and
restraining any further violation, without requiring proof that any
person has, in fact, been injured or damaged thereby. In any such
proceeding, the court may make allowances to the attorney general as
provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct
restitution. Whenever the court shall determine that a violation of this
section has occurred, the court may impose a civil penalty of not more
than ten thousand dollars for each violation and reasonable attorney's
fees and costs incurred in investigating and bringing an action under
this section. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of
the relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.
the following terms shall have the following meanings:
(a) "Dealer of ammunition" means any person who engages in the
business of purchasing, selling or keeping ammunition in this state.
(b) "Dealer of firearms" means a gunsmith or dealers in firearms in
this state licensed pursuant to section 400.00 of the penal law, for
which the highest sales value is, or is expected to be, from the
combined sale in New York of firearms, firearm accessories, or
ammunition, as stated by the business to its merchant acquirer in the
ordinary course of business.
(c) "Firearm" has the same meaning as that term is defined in
subdivision three of section 265.00 of the penal law.
2. (a) On or before November first, two thousand twenty-four, each
payment card network shall make the merchant category-code for firearms
and ammunition businesses established by the international organization
for standardization on September ninth, two thousand twenty-two,
available for merchant acquirers that provide payment services for
dealers of ammunition or dealers of firearms.
(b) On and after May first, two thousand twenty-five, each merchant
acquirer shall assign to each dealer of ammunition and dealer of
firearms in this state the merchant category-code for firearms and
ammunition businesses established by the international organization for
standardization on September ninth, two thousand twenty-two.
3. Whenever there shall be a violation of this section, the attorney
general shall give written notice to the person violating this section
identifying the specific provisions of this section that are or were
being violated. The attorney general shall not bring an action under
this section where, within thirty days of receiving such written notice,
the person cures the violation and provides the attorney general with a
written statement confirming the violation was cured, including
supporting documentation on how the violation was cured, and stating how
internal policies were changed to prevent such violations in the future.
If the violations were not cured or proper written notice not received
by the attorney general within thirty days of written notice being
received by such person violating this section, an application may be
made by the attorney general in the name of the people of the state of
New York to a court or justice having jurisdiction by a special
proceeding to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of such
violations; and if it shall appear to the satisfaction of the court or
justice that the defendant has, in fact, violated this section, an
injunction may be issued by such court or justice, enjoining and
restraining any further violation, without requiring proof that any
person has, in fact, been injured or damaged thereby. In any such
proceeding, the court may make allowances to the attorney general as
provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct
restitution. Whenever the court shall determine that a violation of this
section has occurred, the court may impose a civil penalty of not more
than ten thousand dollars for each violation and reasonable attorney's
fees and costs incurred in investigating and bringing an action under
this section. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of
the relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.