,,ii  #aahth ,,congress  #b;d ,session  
,s4 #djge  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #h1     
#bjbd,mr4 ,hagerty introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,banking1
 ,housing1 and ,urban ,affairs  ,a      
,,bill  ,to prohibit payment card       
networks and covered entities from      
requiring the use of or assigning       
merchant category codes that distinguish
 a firearms retailer from a general     
merchandise retailer or sporting goods  
retailer1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,protecting ,privacy in ,purchases  
,act4  #b4 ,distinguishing firearms     
sales  7a7 ,definitions ,in this        
section3 7#a7 ,ammunition ,the term     
ammunition has the meaning given the    
term in section #iba7;a77#ag77;,a7 of   
title #ah1 ,united ,states ,code1 as    
applied to a firearm1 as defined in     
paragraph 7#c74  7#b7 ,covered entity   
,the term covered entity means any      

entity that establishes a relationship  
with-- 7,a7 a merchant for the purposes 
of processing credit1 debit1 or prepaid 
transactions2 or  7,b7 another entity   
that establishes a relationship with a  
merchant for the purposes of processing 
credit1 debit1 or prepaid transactions4 
7#c7 ,firearm ,the term firearm means an
 item described in paragraph 7#c71 7#e71
 7#g71 7#af71 7#bi71 or 7#cj7 of section
 #iba7;a7 of title #ah1 ,united ,states 
,code4  7#d7 ,firearms retailer ,the    
term firearms retailer means a person or
 entity engaged in the lawful business  
of selling or trading-- 7,a7 firearms2  
or  7,b7 ammunition to be used in       
firearms4  7#e7 ,merchant category code 
,the term merchant category code means a
 multi-digit code that is issued by the 
,international ,organization for        
,standardization for the purposes of    
enabling the classification of merchants
 into specific categories based on the  
type of business or trade of the        
merchant or the services supplied by the

 merchant4  7#f7 ,payment card network  
,the term payment card network means an 
entity that1 directly or through a      
licensed member1 processor1 or agent1   
provides a proprietary service1         
infrastructure1 software1 or hardware   
that routes information used to         
authorize1 clear1 and settle credit card
 and debit card transactions4  7b7      
,prohibitions relating to merchant      
category codes  7#a7 ,payment card      
networks ,a payment card network may not
 require a firearms retailer to use1 nor
 require a covered entity to assign to a
 firearms retailer1 a merchant category 
code that distinguishes the firearms    
retailer from a general merchandise     
retailer or a sporting goods retailer4  
7#b7 ,covered entities ,neither a       
covered entity1 nor any agent of a      
covered entity1 may assign to a firearms
 retailer any merchant category code    
that distinguishes the firearms retailer
 from a general merchandise retailer or 
a sporting goods retailer4  7c7         

,enforcement  7#a7 ,in general ,the     
,attorney ,general shall-- 7,a7 enforce 
this section1 including by conducting   
investigations of potential violations  
of this section2 and  7,b7 not later    
than #ij days after the date of         
enactment of this ,act1 establish a     
process for a person1 including a       
firearms retailer1 to submit to the     
,attorney ,general a complaint relating 
to an alleged violation of this section4
  7#b7 ,investigation ,the ,attorney    
,general shall investigate each         
complaint received through the processes
 established under paragraph 7#a77;,b74 
7#c7 ,written notice ,if the ,attorney  
,general determines after conducting an 
investigation 7whether initiated by the 
,attorney ,general or through a         
complaint received through the process  
established under paragraph 7#a77;,b77  
that a payment card network or a covered
 entity has violated this section1 the  
,attorney ,general shall send to that   
payment card network or covered entity1 

as applicable1 written notice of that   
violation that requires the payment card
 network or covered entity to remedy the
 violation not later than #cj days after
 the date on which the payment card     
network or covered entity receives that 
notice4  7#d7 ,injunction  7,a7 ,in     
general ,if a payment card network or   
covered entity does not remedy a        
violation of this section within #cj    
days of receiving written notice under  
paragraph 7#c71 the ,attorney ,general  
may bring an action in an appropriate   
district court of the ,united ,states to
 enjoin the violating behavior4  7,b7   
,no private right of action ,nothing in 
this section may be construed as        
establishing a private right of action4 
7d7 ,preemption ,any law of a ,state or 
local government regulating merchant    
category codes for firearm retailers is 
hereby preempted by this section4  7e7  
,report ,not later than #a year after   
the date of enactment of this ,act1 and 
annually thereafter1 the ,attorney      

,general shall submit to ,congress a    
report that-- 7#a7 for the year covered 
by the report1 identifies the total     
number of investigations undertaken by  
the ,attorney ,general under this       
section1 whether initiated by the       
,attorney ,general or through a         
complaint received through the process  
established under subsection            
7c77#a77;,b72  7#b7 includes a summary  
of each investigation described in      
paragraph 7#a71 including the           
disposition of each such investigation2 
and  7#c7 provides any available data   
and analysis regarding the effectiveness
 of this ,act4