DIVISION 26. Firearms Merchant Category Code [110000 - 110002]
( Division 26 added by Stats. 2023, Ch. 247, Sec. 1. )
For purposes of this division, the following definitions apply:
(a) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code.
(b) “Firearm” has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code.
(c) “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 the firearm, or a
shooter’s ability to hold and use a firearm.
(d) “Firearms merchant” means a business licensed in California as a firearms dealer or ammunition vendor for which the highest sales value is, or is expected to be, from the combined sale in California of firearms, firearm accessories, or ammunition, as stated by the business to its merchant acquirer in the ordinary course of business.
(e) “Merchant acquirer” means an entity that establishes a relationship with a merchant for the purposes of processing credit, debit, or prepaid transactions.
(f) “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.
(Added by Stats. 2023, Ch. 247, Sec. 1. (AB 1587) Effective January 1, 2024.)
(a) By July 1, 2024, a payment card network shall make the merchant category code for firearms and ammunition businesses established by the International Organization for Standardization on September 9, 2022, available for merchant acquirers that provide payment services for firearms merchants.
(b) Beginning May 1, 2025, 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.
(c) A waiver of a provision of this division is contrary to public policy and is void and unenforceable.
(Added by Stats. 2023, Ch. 247, Sec. 1. (AB 1587) Effective January 1, 2024.)
(a) The Attorney General has exclusive authority to enforce this division.
(b) Not later than the 30th day before bringing an action under subdivision (e), the Attorney General shall give written notice to the person or entity identifying the specific provisions of this chapter that are or were being violated.
(c) The Attorney General shall not bring an action under subdivision (e) if the person or entity who receives the notice described in subdivision (b) does both of the following:
(1) Cures the identified violation within 30 days of receiving the
notice.
(2) Provides the Attorney General a written statement confirming that the person or entity has done all of the following:
(A) Cured the violation.
(B) Provided supporting documentation to show how the violation was cured.
(C) Made changes to internal policies to prevent the recurrence of violations in the future.
(d) A person or entity who violates the division and fails to cure the violation in accordance with subdivision (c) shall be liable as provided in subdivision (e).
(e) (1) The Attorney General may bring
a civil action to enforce this division and remedy harm caused by a violation of this division.
(2) If a court determines that a person or entity has violated this division, the court shall award all of the following relief:
(A) A civil penalty in the amount of ten thousand dollars ($10,000) for each violation.
(B) Injunctive relief sufficient to prevent the person or entity from further violations of this division.
(C) Reasonable attorney’s fees and costs incurred in investigating and bringing an action under this division.
(Added by Stats. 2023, Ch. 247, Sec. 1. (AB 1587) Effective January 1, 2024.)