Attorney General JB McCuskey has put three financial institutions on notice for discriminating against a firearms manufacturer in the Eastern Panhandle. The letters warn the institutions that they may be violating West Virginia’s Firearms Industry Nondiscrimination (FIND) Act.
Financial institutions, First Internet Bank and its partner Ramp and a separate company named BILL, have refused to provide payment processing services to Kent Cartridge Company. Kent Cartridge Company has produced premium, environmentally friendly ammunition at its factory in Kearneysville for more than 30 years.
The companies have placed businesses that produce, sale or distribute guns, accessories, ammunition or other weapons on a prohibited list or otherwise maintain a policy of refusing service to those entities. The financial institutions notified Kent Cartridge that they would not provide payment processing services to Kent Cartridge because Kent Cartridge produces ammunition.
That refusal implicates West Virginia’s FIND Act. The FIND Act prohibits financial institutions from discriminating against firearm entities. Discrimination of that sort exposes the financial institution to lawsuits and possible compensatory damages from the injured private party. It also requires both the State and its political subdivisions to end any contractual relationship they have with the discriminating institution, as well as foreclosing any future business relationships while discrimination persists.
“The bottom-line takeaway here should be crystal clear. West Virginians cherish the right to bear arms. And their elected representatives have enshrined into law protection against discrimination aimed at firearms manufacturers, distributors, and retailers by banks and other financial institutions. Accordingly, this Office will zealously investigate—and, when warranted, pursue legal action—to effectuate that protection and vindicate the policy choice West Virginians have made. That choice reflects an obvious desire that their fundamental right to bear arms not be unduly burdened or inhibited,” Attorney General McCuskey stated in the letters to the financial institutions.
The investigation into the three institutions is ongoing. The Attorney General’s Office is asking First Internet Bank, Ramp and BILL to stop discriminating against firearms manufacturers, distributors, and retailers, or further action will be taken.