N.Y. General Business Law § 529-a: Merchant category-codes

§ 529-a. Merchant category-codes. 1. For the purposes of this section,

the following terms shall have the following meanings:

(a) "Dealer of firearms" means a gunsmith or dealers in firearms in

this state licensed pursuant to section 400.00 of the penal law, for

which the highest sales value is, or is expected to be, from the

combined sale in New York of firearms, firearm accessories, or

ammunition, as stated by the business to its merchant acquirer in the

ordinary course of business.

(b) "Firearm" has the same meaning as that term is defined in

subdivision three of section 265.00 of the penal law.

2. (a) On or before November first, two thousand twenty-four, each

payment card network shall make the merchant category-code for firearms

and ammunition businesses established by the international organization

for standardization on September ninth, two thousand twenty-two,

available for merchant acquirers that provide payment services for

dealers of firearms.

(b) On and after May first, two thousand twenty-five, each merchant

acquirer shall assign to each dealer of firearms in this state the

merchant category-code for firearms and ammunition businesses

established by the international organization for standardization on

September ninth, two thousand twenty-two.

3. Whenever there shall be a violation of this section, the attorney

general shall give written notice to the person violating this section

identifying the specific provisions of this section that are or were

being violated. The attorney general shall not bring an action under

this section where, within thirty days of receiving such written notice,

the person cures the violation and provides the attorney general with a

written statement confirming the violation was cured, including

supporting documentation on how the violation was cured, and stating how

internal policies were changed to prevent such violations in the future.

If the violations were not cured or proper written notice not received

by the attorney general within thirty days of written notice being

received by such person violating this section, an application may be

made by the attorney general in the name of the people of the state of

New York to a court or justice having jurisdiction by a special

proceeding to issue an injunction, and upon notice to the defendant of

not less than five days, to enjoin and restrain the continuance of such

violations; and if it shall appear to the satisfaction of the court or

justice that the defendant has, in fact, violated this section, an

injunction may be issued by such court or justice, enjoining and

restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby. In any such

proceeding, the court may make allowances to the attorney general as

provided in paragraph six of subdivision (a) of section eighty-three

hundred three of the civil practice law and rules, and direct

restitution. Whenever the court shall determine that a violation of this

section has occurred, the court may impose a civil penalty of not more

than ten thousand dollars for each violation and reasonable attorney's

fees and costs incurred in investigating and bringing an action under

this section. In connection with any such proposed application, the

attorney general is authorized to take proof and make a determination of

the relevant facts and to issue subpoenas in accordance with the civil

practice law and rules.