HB 38 North Carolina House · 2025-2026 Session

Second Amendment Financial Privacy Act.

House Bill 38, known as the Second Amendment Financial Privacy Act, prohibits payment card networks from using a specific "firearms code" to identify or track purchases made at firearms merchants in North Carolina. It also forbids these networks from knowingly maintaining records of individuals in the state who own firearms. The bill aims to prevent the separate tracking of lawful firearm and ammunition purchases and protect the financial privacy of individuals exercising their right to bear arms. Payment card networks are also prohibited from discriminating against firearms merchants based on code assignment. Violations can lead to civil penalties assessed by the Attorney General or civil lawsuits from affected merchants or individuals.

Issues: ✓ Technology

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2025

Committee Review

Apr 2025

House Passage

Apr 2025

Senate Passage

Governor

Introduced Feb 3, 2025 Last action Apr 30, 2025

Maddy AI version diff · 4 comparisons

What changed between versions

A1: ACE-43-V-2 → Edition 1 · 5 edits

MODERATE

This bill transforms from an amendment document into a complete legislative bill establishing the Second Amendment Financial Privacy Act. The new version adds substantive provisions protecting firearms merchants and consumers from payment card network surveillance and discrimination, replacing the previous amendment-only format with full statutory language.

Scope change

The bill now applies broadly to payment card networks operating in North Carolina, establishing new legal obligations and prohibitions that did not exist in the amendment version.

DEFINITION

Added new definitions for 'firearms code' and 'firearms merchant' to clarify what is protected under the law.

REQUIREMENT

Added prohibitions requiring payment card networks to not use firearms codes, maintain firearm ownership records, or discriminate against firearms merchants.

ENFORCEMENT

Added enforcement mechanisms including Attorney General investigation authority, civil penalties up to $10,000 per violation, and private civil liability with statutory damages.

TIMELINE

Added effective date of October 1, 2025 and statute of limitations of three years from discovery of violation.

TECHNICAL

Changed document format from amendment markup to complete bill text with proper legislative structure, title, sponsors, and section numbering.

Floor votes · House Apr 29, 2025

How they voted

106–7

Passed · 8 other

Total votes 121

Apr 29, 2025

D Democratic46

34 Yea 6 Nay 6

73% Yea

I Independent2

1 Yea 1 Nay

50% Nay

R Republican73

71 Yea 2

97% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 30, 2025

Committee

Ref To Com On Rules and Operations of the Senate

upper

Apr 29, 2025

Lower · Passed

Passed 3rd Reading

lower

Apr 29, 2025

Lower · Passed

Amend Adopted A1

lower

Apr 15, 2025

Lower · Passed

Reptd Fav

lower

Apr 15, 2025

Committee

Re-ref Com On Rules, Calendar, and Operations of the House

lower

Apr 15, 2025

Lower · Passed

Reptd Fav Com Substitute

lower

Feb 25, 2025

Committee

Re-ref Com On Judiciary 1

lower

Feb 25, 2025

Lower · Passed

Reptd Fav

lower

Feb 5, 2025

Committee

Ref to the Com on Commerce and Economic Development, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

lower

Feb 3, 2025

Introduced

Filed

lower

3 primary · 32 co-sponsors