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SENATE FLOOR VERSION
February 27, 2025
SENATE BILL NO. 16 By: Bergstrom and Bullard of
the Senate
and
West (Kevin) of the House
An Act relating to financial institutions; creating
the Oklahoma Second Amendment Financial Privacy Act;
providing short title; defining terms; prohibiting
collection of certain financial records; providing an
exception; prohibiting use of certain code to engage
in discriminatory conduct ; authorizing the Attorney
General to perform certain investigations and provide
notice for violation; providing for violation;
prescribing certain remedy for repeated violation;
authorizing Attorney General to enforce provisions of
this act; allowing certain defense; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 -600 of Title 14A, unless there
is created a duplication in numbering, reads as follow s:
This act shall be known and may be cited as the “Oklahoma Second
Amendment Financial Privacy Act ”.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 -600.1 of Title 14A, unless
there is created a duplication in numbering, reads as follows:
As used in this act:
1. “Ammunition” means ammunition or cartridge cases, primers,
bullets, or propellant powder designed for use in any firearm;
2. “Assign” or “assignment” refers to a covered entity ’s
policy, process, or practice that labels, links, or otherwise
associates a merchant category code with a merchant or a payment
card transaction in a manner that allows the covered entity or any
other entity facilitating or processing the payment c ard transaction
to identity whether a merchant is a firearm retailer or whether a
transaction involves the sale of firearms or ammunition;
3. “Covered entity” means an entity, or agent of an entity,
that establishes a relationship with a retailer for the purpose of
processing credit, debit, or prepaid transactions;
4. “Firearm” has the same meaning as in Section 1289.1 et seq.
of Title 21 of the Oklahoma Statutes;
5. “Firearm retailer” means any person or entity that is
physically located in this state a nd is engaged in the lawful
selling or trading of firearms, antique firearms, or ammunition to
be used in firearms or antique firearms;
6. “Government entity” means any state agency or political
subdivision, or agency thereof, located in this state;
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7. “Merchant category code” means the code, approved by the
international organization for standardization, or an equivalent
successor organization specifically for firearm retailers, that is
assigned to a retailer based on the types of goods and services
offered to a retailer’s customers;
8. “Payment card” means credit card, charge card, debit card,
or any other card that is issued to a customer and allows the
customer to purchase goods or services from a merchant;
9. “Payment card network ” means an entity, or agen t of the
entity, that provides the proprietary services , infrastructure, and
software to conduct credit or debit card transaction authorizations,
clearances, and settlements and that an other entity uses to accept
as a form of payment a brand of cred it card, debit card, or other
devices that may be used to carry out credit or debit transactions;
and
10. “Payment card transaction ” means any transaction in which a
payment card is accepted as payment.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 -600.2 of Title 14A, unless
there is created a duplication in numbering, reads as follows:
A. Except for those records kept during the regular course of a
criminal investigation and prosecuti on, or as otherwise required by
law, no government entity or official and no agent or employee of a
government entity shall knowingly keep or cause to be kept any list,
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record, or registry of privately owned firearms or the owners of
those firearms.
B. A payment card network shall not require or incentivize the
use of a merchant category code in a manner that distinguishes a
firearm retailer from other retailers.
C. A covered entity shall not assign a firearm retailer a
merchant category code that disting uishes the firearm retailer from
other retailers.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 -600.3 of Title 14A, unless
there is created a duplication in numbering, reads as follows:
A. The Attorney General shall investigate reasonable
allegations that a person, entity , or government entity has violated
the provisions of this act and, upon finding violation, provide
written notice to the person , entity, or government entity alleged
to have committed the violation. The person, entity, or government
entity shall cease the violation within thirty (30) business days
after receiving written notice from the Attorney General pursuant to
this section.
B. 1. If a person, entity, or government enti ty does not cease
the violation within the thirty (30) business days after receiving
written notice from the Attorney General pursuant to this section,
the Attorney General shall file an action against that person,
entity, or government entity.
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2. If the court finds the person, entity, or government entity
violated the provisions of this act and has not ceased the activity
constituting the violation, the court shall enjoin the person,
entity, or government ent ity from continuing such activity and shall
award attorney fees and costs.
3. If a person, entity, or government entity purposely fails to
comply with an injunction issued pursuant to paragraph 2 of this
subsection after thirty (30) business days of being served with the
injunction, the Attorney General, upon petition to the court, shall
seek to impose on that person, entity, or government entity a civil
fine in an amount not to exceed One Thousand Dollars ($1,000.00) per
violation. In assessing such a civil fine, the court shall consider
factors resulting from the violation, including the financial
resources of the violator and the harm or risk of harm to the rights
provided under this act and Section 26 of Article II of the Oklahoma
Constitution.
4. Any order assessing a civil fine pursuant t o paragraph 3 of
this subsection shall be stayed pending appeal of the order.
C. The Attorney General has exclusive authority to enforce the
provisions of this act. The remedies set forth in this section are
the exclusive remedies of any violation of this act.
D. It shall be a defense to a proceeding initiated pursuant to
this section that a merchant category code was required to be
permitted or assigned by law.
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SECTION 5. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
February 27, 2025 - DO PASS