S.1715 - Protecting Privacy in Purchases Act (119th Congress)
Summary
S.1715, the Protecting Privacy in Purchases Act, aims to prevent payment card networks and covered entities from using merchant category codes (MCCs) to specifically identify firearms retailers. The bill prohibits assigning MCCs that distinguish firearms retailers from general merchandise or sporting goods retailers. The Attorney General is tasked with enforcing the Act, including investigating potential violations and establishing a complaint process.
Expected Effects
The primary effect of this bill, if enacted, would be to limit the ability of payment processors to track firearm and ammunition sales through the use of specific merchant category codes. This could potentially impact data collection efforts related to firearm sales. It also preempts state and local laws regulating MCCs for firearm retailers.
Potential Benefits
- Protects the privacy of individuals purchasing firearms and ammunition.
- Prevents potential discrimination against firearms retailers by payment processors.
- Ensures firearms retailers are treated similarly to other retailers selling general merchandise or sporting goods.
- Limits the potential for tracking and monitoring of legal firearm purchases.
- Provides a process for firearms retailers to submit complaints regarding MCC assignment.
Most Benefited Areas:
Potential Disadvantages
- May hinder efforts to track and prevent illegal firearm sales.
- Could reduce the ability of law enforcement to identify patterns of suspicious firearm purchases.
- May limit the availability of data for research on firearm-related violence.
- Preemption of state and local laws could limit the ability of these governments to regulate firearm sales within their jurisdictions.
- The lack of a private right of action limits the ability of individuals to directly enforce the provisions of the Act.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. The Second Amendment protects the right to bear arms, and this bill could be argued to support that right by preventing potential tracking and discrimination related to firearm purchases. However, the Commerce Clause (Article I, Section 8) grants Congress the power to regulate interstate commerce, which could be used to justify regulations related to firearm sales. The Tenth Amendment reserves powers not delegated to the federal government to the states, and the preemption clause could be seen as infringing on state powers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).