House Passes Privacy Legislation for Gun Purchases
The House of Representatives approved a new bill on Tuesday aimed at protecting the privacy of citizens who legally buy firearms, although most Democrats opposed it. The legislation, known as H.R. 1181, or the “Protecting Privacy in Purchases Act,” restricts payment card networks from using specific codes to track lawful gun-related transactions or identify firearm retailers. The measure passed with a narrow 221-201 vote, garnering support from only five Democrats.
This move came in response to the introduction, last September, of a specific merchant category code (MCC) designated for firearm dealers. Those supporting the bill included Democratic Reps. Henry Cuellar, Marie Gluesenkamp Perez, Don Davis, Jared Golden, and Adam Gray, who ultimately voted in favor but aligned with their party members on a “motion to recommit.”
Republican Rep. Riley Moore from West Virginia expressed his views on the issue, stating that the Second Amendment shouldn’t be treated as a lesser right. He emphasized that law-abiding citizens should not have their gun purchases tracked by financial institutions. Moore criticized the creation of a separate merchant category code for gun stores, linking it to a potential unconstitutional gun registry and discrimination against lawful gun owners. He asserted the bill would prevent the federal government from creating such a registry through credit card transaction data.
Proponents of the Second Amendment were also urging this legislative move to protect firearm transaction data from being targeted. Taylor Rhodes, Director of Communications for the National Association for Gun Rights, remarked that the bill is vital to stop the financial monitoring of responsible gun owners. He questioned the government’s role in creating a system to oversee lawful purchases, especially concerning constitutional rights.
In 2018, the NRA took legal action against former New York Governor Andrew Cuomo, who allegedly pressured banks to cut ties with pro-Second Amendment organizations due to so-called reputational risks. Under the previous Obama administration, “Operation Chokepoint” attempted to use regulatory pressure to limit access to financial services for the firearms industry. Although the Trump administration reportedly ended the practice, some financial institutions continued to exert pressure on these companies.
Mark Oliva, Managing Director of Public Affairs at the National Shooting Sports Foundation, expressed gratitude to the House for its bipartisan support of H.R. 1181, stating that the legislation aims to prevent collaboration between credit card companies and anti-gun politicians. He pointed out that this issue is already addressed in 20 states. Oliva described the efforts to track firearm purchases as insidious and noted that several states, including California, Colorado, and New York, require the collection of Merchant Category Codes (MCCs) for legal firearm and ammunition purchases.
He also highlighted concerns about the Biden administration allegedly collecting firearm transaction histories in a manner described as Orwellian, suggesting it was intended to suppress Second Amendment rights. The NRA and Gun Owners of America did not provide immediate comments regarding the bill’s passage.
