CHARLESTON, W.Va. — Attorney General JB McCuskey has accused three financial companies of refusing to process payments for a Kearneysville ammunition maker, saying the refusals may violate the state’s FIND Act.
The letters, sent Monday to Ramp Business Corporation, BILL Holdings Inc. and First Internet Bank of Indiana, say each company may have discriminated against Kent Cartridge Company, an ammunition manufacturer that has operated in the Eastern Panhandle for more than 30 years, according to the attorney general’s office.
The Firearms Industry Nondiscrimination Act bars financial institutions from discriminating against a firearm entity because it is engaged in lawful commerce in firearms, firearm accessories or ammunition products.
What the letters allege
Ramp told Kent Cartridge in a June 30 email that it could not work with the company because of restrictions from unnamed partners, McCuskey wrote to the company’s co-chief executives. The letter points to a Ramp policy listing businesses primarily engaged in the production, sale or distribution of guns, accessories or ammunition as prohibited from using its services.
BILL informed Kent Cartridge in a July 2 email that compliance and underwriting restrictions prevented it from providing credit card processing to businesses in the firearms and ammunition space. Its acceptable use policy excludes businesses engaged in the manufacture, sale or production of arms, the letter says.
First Internet Bank was not accused of communicating a refusal directly. Ramp identifies the Indiana bank as the partner that provides its checking account deposit services, and McCuskey’s letter argues the refusal may have been dictated by bank policy.
Possible consequences
The act allows an injured business or the attorney general to file a civil action, with courts able to award compensatory and punitive damages, injunctive or declaratory relief, and attorney fees for prevailing private parties. It also directs the attorney general to give the governor the name of any institution found in violation and to request that the state end its business relationship with that institution.
McCuskey’s office has contacted the state auditor and state treasurer to determine whether any qualifying contracts with the three companies are in force. The letters say the office is prepared to begin legal proceedings absent corrective action, and that the treatment of Kent Cartridge, unless remedied, forecloses future business with the state or its political subdivisions.
“West Virginians cherish the right to bear arms,” McCuskey wrote, adding that his office would investigate and pursue legal action when warranted.
Correspondence the office reviewed suggests BILL may have begun revising its acceptable use policy, according to the letter sent to that company. The investigation remains open, and the office is asking all three companies to stop refusing service to firearms manufacturers.