Arkansas 2023 Regular Session

Arkansas House Bill HB1620

Introduced
3/14/23  
Refer
3/14/23  

Caption

To Create The Second Amendment Financial Privacy Act; To Prohibit Financial Institutions From Using Certain Discriminatory Practices; And To Provide For Enforcement Of Violations.

Impact

If enacted, HB1620 would significantly alter the landscape of financial transactions involving firearms in Arkansas. By banning the classification of firearm purchases with specific merchant codes, the bill seeks to ensure that financial institutions cannot create lists or registries of firearms owners. This legislation is positioned as a safeguard against what supporters view as overreach by financial entities and government agencies into constitutionally protected rights. It aims also to reduce the potential chilling effect that financial surveillance may have on individuals exercising their rights to bear arms.

Summary

House Bill 1620 proposes the creation of the Second Amendment Financial Privacy Act in Arkansas. This bill aims to prohibit financial institutions from utilizing specific merchant codes related to firearms transactions, which could enable tracking and surveillance of lawful purchases. The General Assembly asserts that financial institutions, by assigning a firearms code to payment transactions, can infringe upon citizens' Second Amendment rights, leading to undue surveillance and profiling of gun owners and purchasers of ammunition. The bill intends to protect personal privacy concerning firearm ownership and purchasing activities.

Contention

Notably, the bill has sparked debate regarding the balance between privacy rights and the needs of law enforcement. Proponents claim the law is necessary to protect individual liberties, while critics argue it may hinder law enforcement's ability to address illegal gun trafficking and other criminal activities. The enforcement mechanisms outlined in the bill permit the Attorney General to investigate violations and could lead to civil actions from individuals adversely affected by perceived breaches of their privacy. Critics may also suggest that a lack of designated codes could complicate financial monitoring for unlawful activities.

Companion Bills

No companion bills found.

Previously Filed As

AR SB79

To Amend The Arkansas Data Centers Act Of 2023; To Provide For The Regulation Of Digital Asset Mining Businesses; And To Declare An Emergency.

AR SB78

To Amend The Arkansas Data Centers Act Of 2023; To Prohibit Foreign-party-controlled Ownership Of A Digital Asset Mining Business; And To Declare An Emergency.

AR HB1080

An Act For The Institutions Of Higher Education Reappropriation.

AR HB1041

An Act For The Department Of Education - Division Of Elementary And Secondary Education - Public School Fund Appropriation For The 2024-2025 Fiscal Year.

AR SR5

To Authorize The Introduction Of A Nonappropriation Bill To Amend The Arkansas Data Centers Act Of 2023 And To Prohibit Foreign-party-controlled Ownership Of A Digital Asset Mining Business.

AR HR1009

To Authorize The Introduction Of A Nonappropriation Bill To Amend The Arkansas Data Centers Act Of 2023 And To Prohibit Foreign-party-controlled Ownership Of A Digital Asset Mining Business.

AR SB68

An Act For The Institutions Of Higher Education Reappropriation.

AR HB1097

To Amend The Revenue Stabilization Law; To Create Funds, To Repeal Funds, And To Make Transfers To And From Funds And Fund Accounts; And To Declare An Emergency.

AR SB80

To Amend The Revenue Stabilization Law; To Create Funds, To Repeal Funds, And To Make Transfers To And From Funds And Fund Accounts; And To Declare An Emergency.

AR SR16

To Authorize The Introduction Of A Nonappropriation Bill To Amend The Arkansas Data Centers Act Of 2023 And To Amend The Requirements For A Digital Asset Mining Business Or Business Using A Blockchain Network.

Similar Bills

CA AB1587

Financial transactions: firearms merchants: merchant category code.

MS HB1110

Second Amendment Financial Privacy Act; create.

WY SF0171

Wyoming second amendment financial privacy act.

TN SB2223

AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 6; Title 29; Title 38; Title 39; Title 45 and Title 47, relative to merchant codes.

TN HB2762

AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 6; Title 29; Title 38; Title 39; Title 45 and Title 47, relative to merchant codes.

OK SB2016

Financial institutions; prohibiting disclosure of certain financial information; providing exceptions; providing for damages for discriminatory conduct. Effective date.

TX HB2069

Relating to a merchant's duties with respect to the use of a credit card, debit card, stored value card, or other access device.

AL HB181

Relating to financial institutions; to amend Section 5-5A-43, Code of Alabama 1975, to prohibit financial institutions from disclosing certain customer financial records of firearms transactions with certain exceptions; to allow the Department of Finance to disqualify a financial institution from any selection process for state contracts for violation of this prohibition; and to provide civil penalties and criminal penalties for violation of the act.