SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 3706

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 19, 2025

      The Senate Law and Public Safety Committee reports favorably and with committee amendments Senate Bill No. 3706.

      As amended and reported, this bill requires merchant acquirers to use the merchant category code for firearms and ammunition businesses established by the International Organization for Standardization.

      The bill defines “firearms merchant” as a business physically located in this State for which the highest sales value is, or is expected to be, from the combined sale in this State of firearms, firearm accessories, or ammunition, as stated by the business to its merchant acquirer in the ordinary course of business.  Under the bill, the term “merchant acquirer” means an entity that establishes a relationship with a merchant for the purposes of processing credit, debit, or prepaid transactions.

      The bill authorizes the Attorney General to bring a civil action to enforce the provisions of the bill against any person that violates the provisions of the bill and who does not cure the violation.  A person determined by a court to have violated the provisions of the bill is subject to:

      (a) a civil penalty in the amount of $10,000 for each violation;

      (b) injunctive relief sufficient to prevent the person from further violations; and

      (c) reasonable attorney’s fees and costs incurred in investigating and bringing an action pursuant to the bill.

      As reported by the committee, Senate Bill No. 3706 is identical to Assembly Bill No. 5345 (2R), which also was reported by the committee on this date.

COMMITTEE AMENDMENTS

      The committee amended the bill to:

      (1)  omit the requirement that payment card networks make the merchant category code available for merchant acquirers that provide payment services for firearms merchants; and

      (2) clarify that a “firearms merchant” means a business physically located in this State for which the highest sales value is, or is expected to be, from the combined sale in this State of firearms, firearm accessories, or ammunition, as stated by the business to its merchant acquirer in the ordinary course of business.