LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6643 NOTE PREPARED: Dec 27, 2023
BILL NUMBER: HB 1084 BILL AMENDED:
SUBJECT: Privacy of Firearms Financial Transactions.
FIRST AUTHOR: Rep. Teshka BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill prohibits a governmental entity or any other person from knowingly or
willfully keeping any list, record, or registry of: (1) privately owned firearms; or (2) the owners of firearms;
with respect to Indiana consumers.
The bill defines a "firearms code" as a merchant category code approved by the International Organization
for Standardization specifically for firearms retailers. It provides that in a payment card transaction, a
merchant acquirer or a payment card network may not: (1) use; or (2) require the use of; a firearms code in
a way that distinguishes a firearms retailer with at least one physical location in Indiana from general
merchandise retailers or sporting goods retailers. It prohibits a financial services provider from declining or
otherwise refusing to process a lawful payment card transaction based solely on the assignment or
nonassignment of a firearms code to the payment card transaction. It prohibits a financial services provider
from disclosing a financial record that: (1) is related to a payment card transaction; and (2) includes protected
financial information, including a firearms code used, collected, or assigned in violation of the bill's
provisions. It specifies that the bill's provisions apply only to a payment card transaction that is initiated after
June 30, 2024:
(1) at a firearms retailer's physical location in Indiana; or
(2) on an online platform if the purchaser is an Indiana consumer and the seller is a firearms retailer
that:
(A) has at least one physical location in Indiana; or
(B) does not have at least one physical location in Indiana if the firearm purchased will be
shipped:
(i) to another firearms retailer's physical location in Indiana and transferred to the
Indiana consumer at that location; or
HB 1084 1 (ii) directly to the Indiana consumer at the Indiana consumer's Indiana address.
The bill requires the Attorney General to investigate any alleged or suspected violation of the bill's provisions
and, upon finding a violation, to provide written notice to any person, public or private, found to be in
violation. It provides that upon receiving a written notice from the Attorney General of a violation, a person
has 30 calendar days to cease the violation. It requires the Attorney General to seek injunctive relief in a
court having jurisdiction for continued violations of the bill's provisions. It provides that if a person violates
an injunction issued by a court, the Attorney General shall petition the issuing court for a civil penalty not
to exceed $10,000 per violation of the injunction. It sets forth certain factors that a court must consider in
determining the amount of the civil penalty. It also specifies that the remedies set forth in the bill are the
exclusive remedies for a violation of the bill's provisions.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Firearms Financial Transactions Violation: The bill would increase
workload for the Attorney General to the extent the Attorney General investigates violations of the bill’s
provisions. Increases in Attorney General workload are expected to be accomplished within existing resource
and funding levels.
Explanation of State Revenues: Firearms Financial Transactions Violation: The bill may increase revenue
to the state General Fund from civil penalties for violations of the bill’s provisions. The maximum civil
penalty for a violation of the bill’s provisions is $10,000.
Court Fee Revenue: If additional civil cases occur and court fees are collected, revenue to the state General
Fund will increase. The total revenue per case would range between $100 and $122. The amount deposited
will vary depending on whether the case is filed in a court of record or a municipal court. The following
linked document describes the fees and distribution of the revenue: Court fees imposed in civil, probate, and
small claims cases.
Explanation of Local Expenditures:
Explanation of Local Revenues: Court Fee Revenue: If additional cases occur, revenue will be collected
by certain local units. If the case is filed in a court of record, the county will receive $32 and qualifying
municipalities will receive a share of $3. If the case is filed in a municipal court, the county receives $20,
and the municipality will receive $37. The following linked document describes the fees and distribution of
the revenue: Court fees imposed in civil, probate, and small claims cases.
[The current practices of the law enforcement agencies and courts would not be impacted because their
activities are otherwise required by law.]
State Agencies Affected: Office of the Attorney General.
Local Agencies Affected: Trial courts, city and town courts.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Nate Bodnar, 317-234-9476.
HB 1084 2