FIRST REGULAR SESSION
SENATE BILL NO. 216
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
0222S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 314, RSMo, by adding thereto one new section relating to financial information
pertaining to the purchase of firearms and firearm materials.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 314, RSMo, is amended by adding thereto 1
one new section, to be known as section 314.400, to read as 2
follows:3
314.400. 1. This section shall be known and may be 1
cited as the "Second Amendment Financial Privacy Act". 2
2. As used in this section, unless the context 3
otherwise clearly indicates another meaning, the following 4
terms mean: 5
(1) "Customer", a resident of this state engaged in a 6
payment card transaction that a financial institution 7
facilitates or processes; 8
(2) "Disclosure" or "disclose", the transfer, 9
publication, or distribution of protected financial 10
information to another person or entity for any purpose 11
other than: 12
(a) To process or facilitate a payment card 13
transaction; or 14
(b) To take any actions related to dispute processing, 15
fraud management, or protecting transaction integrity from 16
concerns related to illegal activities, a data breach, or 17
cyber risks; 18 SB 216 2
(3) "Financial institution", an entity involved in 19
facilitating or processing a payment card transaction, 20
including, but not limited to, a bank, an acquirer, a 21
payment card network, or a payment card issuer; 22
(4) "Financial record", a record held by a financial 23
institution related to a payment card transaction that the 24
financial institution has processed or facilitated; 25
(5) "Firearms merchant category code", the merchant 26
category code 5723 approved in September of 2022 by the 27
International Organization for Standardization for firearms 28
retailers or any other indicator that a financial 29
institution assigns to a merchant that identifies a merchant 30
as a firearms retailer or the payment card transaction as 31
involving the purchase of a firearm, firearm ammunition, 32
ammunition components for use with firearms, or firearm 33
accessories; 34
(6) "Firearms retailer", a person or entity physically 35
located in this state and engaged in the lawful business of 36
selling or trading firearms, ammunition, ammunition 37
components for use with firearms, or firearm accessories; 38
(7) "Protected financial information", any record of a 39
sale, purchase, return, or refund involving a payment card 40
that is retrieved, characterized, generated, labeled, 41
sorted, or grouped based on the assignment of a firearms 42
merchant category code. 43
3. (1) A financial institution, or its agents, shall 44
not require the usage of a firearms merchant category code 45
by a firearms retailer physically located in this state in a 46
manner that distinguishes a firearms retailer from a general 47
merchandise retailer or a sporting goods retailer. 48
(2) A financial institution shall not discriminate 49
against a firearms retailer by declining a lawful payment 50 SB 216 3
card transaction based solely on the assignment or 51
nonassignment of a firearms merchant category code; 52
provided, that a financial institution may decline or 53
otherwise refuse to process the transaction on the basis of 54
the firearms merchant category code only: 55
(a) If necessary to comply with this section; 56
(b) If requested by the customer; or 57
(c) Due to fraud controls or merchant category 58
exclusions offered by a financial entity for the purpose of 59
expenditure control or corporate card control. 60
(3) Except as otherwise required by law or regulation, 61
a financial institution shall not di sclose a financial 62
record, including protected financial information, that was 63
collected in violation of this section unless the disclosure 64
of the financial record or protected financial information 65
was based on a good-faith conclusion that the entity' s 66
action was required by applicable law or regulation. 67
(4) This section shall not limit the ability of a 68
financial institution to negotiate with responsible parties 69
or otherwise impair the financial institution's actions 70
related to dispute proces sing, fraud management, or 71
protecting transaction integrity from concerns related to 72
illegal activities, a data breach, or cyber risks. 73
4. (1) The attorney general shall investigate alleged 74
violations of this section and, upon finding a violation , 75
shall provide written notice to any individual or entity 76
believed to be in violation. Written notice to a commercial 77
entity shall be made to the entity's registered agent. Upon 78
receipt of the written notice from the attorney general, the 79
entity shall cease any violation of this section within 80
thirty calendar days. 81 SB 216 4
(2) A firearms retailer physically located in this 82
state whose business was the subject of an alleged violation 83
of this section or a customer who transacted at a firearms 84
retailer physically located in this state whose business was 85
the subject of an alleged violation of this section, may 86
petition the attorney general to investigate an alleged 87
violation of this section. 88
(3) (a) If an individual or entity is found to be i n 89
violation of this section and fails to cease the violating 90
activity after the expiration of thirty calendar days from 91
the receipt of written notice by the attorney general's 92
office, then the attorney general shall pursue an injunction 93
against the individual or entity alleged to be in violation 94
of this section. The attorney general may pursue an 95
injunction pursuant to this section in the circuit court 96
where the alleged violation occurred. 97
(b) If a court finds that an individual or entity 98
continues to be in violation of this section after thirty 99
calendar days from receiving written notice from the 100
attorney general and reporter in accordance with subdivision 101
(1) of this subsection, then the court shall enjoin the 102
individual or entity from continuing the activity found to 103
be in violation of this section. 104
(c) If an individual or entity knowingly and willfully 105
fails to comply with an injunction issued pursuant to 106
paragraph (b) of this subdivision within thirty days after 107
being served with the injunction, then the attorney general, 108
upon petition to the court, may recover on behalf of the 109
state a civil penalty in a sum not to exceed ten thousand 110
dollars for each violation committed after the expiration of 111
the thirty-day period provided in subdivision (1) of this 112
subsection. In assessing a penalty, the court shall 113 SB 216 5
consider the financial resources of the violator and the 114
harm or risk of harm to the rights afforded to the 115
individual pursuant to the Second Amendment of the United 116
States Constitution resulting from the violation. The 117
attorney general may also recover, in addition to the civil 118
penalty pursuant to this subsection, investigative costs and 119
reasonable attorney's fees. An order assessing a penalty 120
for violation of this section shall be stayed pending appeal 121
of the order. 122
(4) It is an affirmative defense to a proceeding 123
initiated pursuant to this section that the firearms 124
merchant category code was required to be used based on a 125
good-faith conclusion that the entity's disclosure or action 126
was required by applicable law or regulation. 127