An Act to Prohibit
Maine Legislature, Session 132, LD 1867
Committee Amendment CA_A_S360 (Senate)

COMMITTEE AMENDMENT" A ,, to S.P. 737, L.D. 1867, "An Act to Prohibit 
Financial Institutions from Using Merchant Category Codes to Identify or Track Firearm 
Purchases or Disclose Firea11n Purchase Records,, 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1, 10 MRSA c. 239 is enacted to read: 
CHAPTER 239 
IDENTIFYING AND TRACKING FIREARM PURCHASES 
§1S00-X. Identifying and tracking fi1•earm purchases 
1. Definitions. As used in this section, unless the context othe1wise indicates, the 
following tenns have the following meanings. 
A. "Electronic payment transaction" means a transaction in which a person uses a 
payment card or payment method. or device issued or approved through a payment 
card network to debit a deposit account or use a line of credit. whether authorization is 
based on a signature, personal identification number or other means. 
B. "Fireanns code" means the merchant category code established by the International 
Organization for Standardization for fiream1s retailers. 
C. "Firearms retailer" means any person or entity physically located in this State 
engaged in the lawful sale of firearms. ammunition or firearms accessories. 
D. "Payment card" means a credit card. debit card. check card or other card that is 
issued to an authorized user to purchase or obtain goods. services. money or any other 
thing of value. 
E. "Payment card acguirer" means a financial institution that establishes a relationship 
with a merchant for the purpose of accepting payment card transactions. 
Page I -132LR1112(02) 
COMMITTEE AMENDMENT 
.~P~ 
COMMITTEE AMENDMENT" ft" to S.P. 737, L.D. 1867 (5, 3'(} J 
F. 
11Payment card issuer
means a lender. including a financial institution or a merchant. 
that receives an application for and issues payment cards to an individual. 
G. "Payment card network" means an entity that directly or through a licensed member, 
processor or agent provides the proprietary services. infrastructure and software that 
route information and data to conduct debit card or credit card transaction 
authorization, clearance and settlement and that an entity uses in order to accept as a 
fonn of payment a brand of debit card. credit card or other device that may be used to 
carry out debit or credit transactions. 
2. Firearms code usage prohibited. A payment card acguirer may not assign a 
firearms code to a merchant. and a payment card network may not require or pe1mit a 
merchant to use a firearms code. For the purposes of the sale of firearms, ammunition and 
firearms accessories. a firearms retailer may not provide a firearms code to a payment card 
acquirer, payment card issuer or payment card network and may only use or be assigned a 
merchant catego1y code for general merchandise retailers or sporting goods retailers for the 
purchase. 
3. Authority of Attorney General to investigate violations. If the Attorney General 
has reasonable cause to believe that a person or entity has intentionally engaged in. is 
engaging in or is about to engage in a violation of this chapter. the Attorney General may 
examine witnesses and documents for the purpose of enforcing the provisions of this 
chapter. If the Attorney General believes a person under investigation for a violation of the 
provisions of this chapter may have information or be in possession. custody or control of 
any document or other tangible object relevant to the investigation. before the commencing 
of any court proceedings, the Attorney General may serve upon the person a written 
demand in the form of a subpoena or subpoena duces tecum to appear and be examined 
under oath and to produce the documents or objects for inspection and copying. 
4. Notice and opportunity to correct. Upon a finding by the Attorney General that a 
person or entity has violated this chapter, the Attorney General shall give written notice to 
that person or entity, identifying the specific provisions of this chapter that are or were 
violated. The Attorney General may not bring an action against the person or entity if the 
person or entity: 
A. Corrects the identified violation within 30 days of receiving written notice of the 
violation: and 
B. Provides the Attorney General with: 
(1) A written statement affirming that the person or entity has corrected the 
violation by making changes to the person's or entity's electronic payment 
transaction policies to prevent the recurrence of a violation of this chapter: and 
(2) Supporting documentation to show how the violation was coll'ected. 
5. Enforcement; civil penalty; injunction, The Attorney General has exclusive 
authotity to enforce this chauter. The Attorney General may seek an injunction in Superior 
Court against any person or entity that is alleged to be in violation of this chapter and that 
fails to correct the violation in accordance with this chapter or is found to have intentionally 
breached a written statement provided to the Attorney General under this chapter. In 
addition to an injunction. the court may award other relief as the court considers 
appropriate, including the imposition ofcivil uenalties. reasonable attorney's fees and costs. 
COMMITTEE AMENDMENT 
ROS 
I 
COMMITTEE AMENDMENT" A-" to S.P. 737, L.D. 1867(S..-'3 &o\ 
Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration - Attorney General 0310 
Initiative: Provides funding for one parHime Assistant Attorney General position, one part-
time Attorney General Detective position and related costs to enforce the provisions of this 
legislation. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2025-26 
0.000 
$0 
$0 
$0 
Sec. 3. Effective date. This Act takes effect January 1, 2026.' 
2026-27 
1.500 
$177,510 
$7,500 
$185,010 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. The amendment prohibits a financial institution that 
establishes a relationship with a merchant for the purpose of accepting payment card 
transactions from assigning a firearms code to a merchant and prohibits a payment card 
network from requiring or permitting a merchant to use a firearms code. The amendment 
authorizes the Attorney General to investigate violations of this legislation and requires the 
Attorney General to give an opportunity to correct a violation for a person or entity who 
has been found by the Attorney General to be in violation of this legislation. The 
amendment authorizes the Attorney General to file a civil action to enforce this legislation 
and authorizes the court to issue an injunction or other relief. Finally, the amendment 
establishes an effective date of January 1, 2026, 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/05/25 LRL 
LD 1867 
LR 1112(02). 
An Act to Prohibit Financial Institutions from Using Merchant Catego1·y Cocles to lcleutify or Track 
Firearm Purchases or Disclose Firearm Purchase Records 
Fiscal Note for Bill as Amended by Committee Amendment 'ff ( S-"IG O \ 
Committee: Judiciary 
') 
Net Cost (Savings) 
General Fund . 
Appropriations/Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
$0 
$0 
$185,010 
$185,010 
Projections 
FY 2027-28 
$192,210 
Projections 
FY 2028-29 
$207,647 
$207,647 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal nmnber of new cases filed in the court system does not require additional funding at this time. The collecti.on 
of additional filing fees will increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The Mil inchtdes General Fund appropriations to the Office of the Attorney General of $185,010 in fiscal year 2026-
for one part-time Assistant Attorney General position, one part-time Attorney General Detective position and 
related costs to enforce the provisions of this legislation. 
LRl 112(02) - Fiscal Note - Page l of 1