| 6 | | - | ENROLLED |
|---|
| 7 | | - | |
|---|
| 8 | | - | AN ACT |
|---|
| 9 | | - | |
|---|
| 10 | | - | |
|---|
| 11 | | - | ENTITLED An Act to prohibit the use of a firearms code for transactions involving |
|---|
| 12 | | - | firearms, accessories, components, and ammunition and to provide a civil |
|---|
| 13 | | - | penalty therefor. |
|---|
| 14 | | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: |
|---|
| 15 | | - | Section 1. That a NEW SECTION be added to a new chapter in title 37: |
|---|
| 16 | | - | Terms used in this Act mean: |
|---|
| 17 | | - | (1) "Ammunition," firearm ammunition and cartridge casings, primers, bullets, and |
|---|
| 18 | | - | propellant powder, designed for use in a firearm; |
|---|
| 19 | | - | (2) "Assignment," a financial institution's policy, process, or practice, which labels, |
|---|
| 20 | | - | links, or otherwise associates a firearms code with a merchant or payment card |
|---|
| 21 | | - | transaction, in a manner that allows the financial institution or any other entity |
|---|
| 22 | | - | facilitating or processing the payment card transaction to identify whether: |
|---|
| 23 | | - | (a) A merchant is a firearms dealer; or |
|---|
| 24 | | - | (b) A transaction involves the sale of firearms or ammunition; |
|---|
| 25 | | - | (3) "Customer," any person engaged in a payment card transaction that a financial |
|---|
| 26 | | - | institution facilitates or processes and any person, or the person's duly authorized |
|---|
| 27 | | - | representative, who has transacted business with or has used the services of a |
|---|
| 28 | | - | financial institution, or for whom a financial institution has acted as a fiduciary in |
|---|
| 29 | | - | relation to an account maintained in the person's name; |
|---|
| 30 | | - | (4) "Disclosure," the transfer, publication, or distribution of protected financial |
|---|
| 31 | | - | information to another person, for any purpose other than to process or facilitate |
|---|
| 32 | | - | a payment card transaction; |
|---|
| 33 | | - | (5) "Financial institution," a bank, savings and loan association, trust company, or |
|---|
| 34 | | - | credit union chartered pursuant to any state or federal law; a regulated consumer |
|---|
| 35 | | - | lender, a money service business, payment card issuer, or other institution that is |
|---|
| 36 | | - | by law under the jurisdiction of the Division of Banking; and an entity involved in 25.566.12 2 81 |
|---|
| 37 | | - | SB81 ENROLLED |
|---|
| 38 | | - | facilitating or processing a payment card transaction, including a bank, acquirer, |
|---|
| 39 | | - | gateway, payment card network, or payment card issuer; |
|---|
| 40 | | - | (6) "Financial record," any: |
|---|
| 41 | | - | (a) Original or copy of a record or document held by a financial institution, |
|---|
| 42 | | - | which pertains to a customer of the financial institution, including any record |
|---|
| 43 | | - | of a transaction conducted by means of a customer bank communication |
|---|
| 44 | | - | terminal or other electronic device; |
|---|
| 45 | | - | (b) A record held by a financial institution, which relates to a payment card |
|---|
| 46 | | - | transaction that the financial institution has processed or facilitated; and |
|---|
| 47 | | - | (c) Information derived from any record or document referenced in this |
|---|
| 48 | | - | subdivision; |
|---|
| 49 | | - | (7) "Firearm," a weapon that is capable of expelling, is designed to expel, or may |
|---|
| 50 | | - | readily be converted to expel a projectile by action of an explosive; |
|---|
| 51 | | - | (8) "Firearm accessory or component," any: |
|---|
| 52 | | - | (a) Device that is specifically adapted to enable the carrying, storage, or |
|---|
| 53 | | - | wearing of a firearm; |
|---|
| 54 | | - | (b) Device that is specifically adapted to enable the mounting of a firearm in or |
|---|
| 55 | | - | on any conveyance; |
|---|
| 56 | | - | (c) Device that is specifically adapted to be inserted into or affixed to a firearm |
|---|
| 57 | | - | to alter, enable, or improve the capabilities or the functioning of the firearm; |
|---|
| 58 | | - | (d) Ammunition carrier, aftermarket grip or stock, brace, flash suppressor, |
|---|
| 59 | | - | folding stock, laser sight, light for target illumination, magazine, sound |
|---|
| 60 | | - | suppressor, speed loader, telescopic sight, or any other item used in |
|---|
| 61 | | - | conjunction with or mounted upon a firearm; and |
|---|
| 62 | | - | (e) Equipment, machinery, material, tool, or other component used in making, |
|---|
| 63 | | - | manufacturing, or reloading ammunition; |
|---|
| 64 | | - | (9) "Firearms code," an indicator or code that: |
|---|
| 65 | | - | (a) A financial institution assigns to a merchant or to a payment card |
|---|
| 66 | | - | transaction and which identifies whether a merchant is a firearms dealer or |
|---|
| 67 | | - | whether the payment card transaction involves the purchase of a firearm, |
|---|
| 68 | | - | firearm accessories or components, or ammunition; and |
|---|
| 69 | | - | (b) Includes a merchant category code assigned to a retailer by a payment card |
|---|
| 70 | | - | network or other financial institution; |
|---|
| 71 | | - | (10) "Firearms dealer," any: |
|---|
| 72 | | - | (a) Retailer or merchant of firearm accessories or components; 25.566.12 3 81 |
|---|
| 73 | | - | SB81 ENROLLED |
|---|
| 74 | | - | (b) Any person engaged in the lawful business of selling or trading firearms or |
|---|
| 75 | | - | antique firearms, as those terms are defined in 18 U.S.C. § 921 (January |
|---|
| 76 | | - | 1, 2025); or |
|---|
| 77 | | - | (c) Any person engaged in the lawful business of selling ammunition for use in |
|---|
| 78 | | - | firearms or antique firearms; |
|---|
| 79 | | - | (11) "Governmental entity," this state, any political subdivision of this state, and any |
|---|
| 80 | | - | agency or instrumentality of this state or a political subdivision of this state; |
|---|
| 81 | | - | (12) "Merchant," an individual or entity accepting a payment card from a customer for |
|---|
| 82 | | - | the purchase of a good or service, including a firearms dealer that accepts payment |
|---|
| 83 | | - | cards for the lawful purchase of firearms, firearm accessories or components, or |
|---|
| 84 | | - | ammunition; |
|---|
| 85 | | - | (13) "Payment card," a charge card, credit card, debit card, or any other card that is |
|---|
| 86 | | - | issued to an authorized user and allows the user to purchase goods or services |
|---|
| 87 | | - | from a merchant; and |
|---|
| 88 | | - | (14) "Protected financial information," any record of a sale, purchase, return, or refund, |
|---|
| 89 | | - | involving a payment card that is retrieved, characterized, generated, labeled, |
|---|
| 90 | | - | sorted, or grouped based on the assignment of a firearms code, provided a |
|---|
| 91 | | - | customer's protected financial information refers to protected financial information |
|---|
| 92 | | - | appearing in the financial records of a customer. |
|---|
| 93 | | - | Section 2. That a NEW SECTION be added to a new chapter in title 37: |
|---|
| 94 | | - | With the exception of records kept during the regular course of a criminal |
|---|
| 95 | | - | investigation and prosecution, or as otherwise required by law, no governmental entity or |
|---|
| 96 | | - | official, agent, or employee of a governmental entity or any person other than the owner |
|---|
| 97 | | - | or owner’s representative, may knowingly and willfully keep or cause to be kept any list, |
|---|
| 98 | | - | record, or registry of privately owned firearms or the owners of those firearms. |
|---|
| 99 | | - | Section 3. That a NEW SECTION be added to a new chapter in title 37: |
|---|
| 100 | | - | Neither a financial institution nor an agent of a financial institution may require the |
|---|
| 101 | | - | use of a firearms code in a way that distinguishes a firearms dealer physically located in |
|---|
| 102 | | - | this state from a general merchandise retailer or a sporting goods retailer located in this |
|---|
| 103 | | - | state. |
|---|
| 104 | | - | Section 4. That a NEW SECTION be added to a new chapter in title 37: 25.566.12 4 81 |
|---|
| 105 | | - | SB81 ENROLLED |
|---|
| 106 | | - | A financial institution may not discriminate against a firearms dealer by: |
|---|
| 107 | | - | (1) Declining a lawful payment card transaction based solely on the assignment or |
|---|
| 108 | | - | non-assignment of a firearms code to the merchant or the transaction; |
|---|
| 109 | | - | (2) Limiting or declining to do business with a customer, potential customer, or |
|---|
| 110 | | - | merchant, based on the assignment or non -assignment of a firearms code to |
|---|
| 111 | | - | previous lawful transactions involving the customer, potential customer, or |
|---|
| 112 | | - | merchant; |
|---|
| 113 | | - | (3) Charging a merchant a higher transaction or interchange fee for a lawful |
|---|
| 114 | | - | transaction based on the assignment or non-assignment of a firearms code; or |
|---|
| 115 | | - | (4) Taking any other action against a customer or merchant with the intent of |
|---|
| 116 | | - | suppressing lawful commerce involving firearms, firearm accessories or |
|---|
| 117 | | - | components, or ammunition, if the action is based solely or in part on the |
|---|
| 118 | | - | customer's or merchant's busines s involving firearms, firearm accessories or |
|---|
| 119 | | - | components, or ammunition. |
|---|
| 120 | | - | Section 5. That a NEW SECTION be added to a new chapter in title 37: |
|---|
| 121 | | - | The attorney general may investigate any alleged violation of this Act and shall |
|---|
| 122 | | - | provide written notice to any individual or entity, public or private, believed to be in |
|---|
| 123 | | - | violation. Written notice to any commercial entity must be made to the entity's registered |
|---|
| 124 | | - | agent. |
|---|
| 125 | | - | Upon receipt of a written notice from the attorney general, the alleged violator |
|---|
| 126 | | - | must cease usage of the firearms code within thirty calendar days. The attorney general |
|---|
| 127 | | - | may extend the period for up to an additional one hundred and twenty days. |
|---|
| 128 | | - | Section 6. That a NEW SECTION be added to a new chapter in title 37: |
|---|
| 129 | | - | The attorney general may be petitioned to investigate an alleged violation of this |
|---|
| 130 | | - | Act by: |
|---|
| 131 | | - | (1) A firearms dealer physically located in this state, if the dealer's business was the |
|---|
| 132 | | - | subject of an alleged violation of this Act; or |
|---|
| 133 | | - | (2) A customer who engaged in a transaction with a firearms dealer physically located |
|---|
| 134 | | - | in this state, if the dealer's business was the subject of an alleged violation of this |
|---|
| 135 | | - | Act. |
|---|
| 136 | | - | If the attorney general does not commence an action within ninety days of |
|---|
| 137 | | - | receiving a petition under this section, the firearms dealer or the customer may file an 25.566.12 5 81 |
|---|
| 138 | | - | SB81 ENROLLED |
|---|
| 139 | | - | action in a court of competent jurisdiction to enjoin the individual or entity from engaging |
|---|
| 140 | | - | in a violation of this Act. |
|---|
| 141 | | - | Section 7. That a NEW SECTION be added to a new chapter in title 37: |
|---|
| 142 | | - | If an individual or entity, public or private, is found to be in violation of this Act |
|---|
| 143 | | - | after the later of the expiration of thirty calendar days from the receipt of written notice |
|---|
| 144 | | - | by the attorney general or the expiration of any extension granted by the attorney general, |
|---|
| 145 | | - | the attorney general must pursue an injunction against the individual or entity, in a court |
|---|
| 146 | | - | of competent jurisdiction in the circuit court for the county where the alleged violation |
|---|
| 147 | | - | occurred. |
|---|
| 148 | | - | If a court finds that an individual or entity continues to be in violation of this Act |
|---|
| 149 | | - | after the later of thirty calendar days from the receipt of written notice by the attorney |
|---|
| 150 | | - | general or the expiration of any extension granted by the attorney general, or after a |
|---|
| 151 | | - | finding of a violation of this Act by a court, the court must enjoin the individual or entity |
|---|
| 152 | | - | from continuing to violate this Act. |
|---|
| 153 | | - | If thirty days after the issuance of an injunction an individual or entity knowingly |
|---|
| 154 | | - | and willfully fails to comply, as provided for in this section, the court must impose a civil |
|---|
| 155 | | - | penalty in the amount of twenty-five thousand dollars or the amount of actual damages |
|---|
| 156 | | - | for each violation occurring after the conclusion of the thirty-day period. In assessing the |
|---|
| 157 | | - | penalty, the court may consider the financial resources of the violator and any harm or |
|---|
| 158 | | - | risk of harm to an individual's rights under the U.S. Const. amend. II, resulting from the |
|---|
| 159 | | - | violation. The court shall forward any civil penalty collected under this section to the state |
|---|
| 160 | | - | treasurer, for deposit in the general fund. |
|---|
| 161 | | - | In addition to the remedies provided for in this section, the attorney general or a |
|---|
| 162 | | - | petitioner who prevails in an action under this Act shall recover costs and reasonable |
|---|
| 163 | | - | attorney's fees. |
|---|
| 164 | | - | Section 8. That a NEW SECTION be added to a new chapter in title 37: |
|---|
| 165 | | - | It is not a defense to an action filed pursuant to this Act that information was |
|---|
| 166 | | - | disclosed to a federal government entity, unless the disclosure or action was based on a |
|---|
| 167 | | - | good faith conclusion that the disclosure or action was required by federal law or |
|---|
| 168 | | - | regulation. 25.566.12 6 81 |
|---|
| 169 | | - | SB81 ENROLLED |
|---|
| 170 | | - | An Act to prohibit the use of a firearms code for transactions involving firearms, accessories, |
|---|
| 171 | | - | components, and ammunition and to provide a civil penalty therefor. |
|---|
| 172 | | - | |
|---|
| 173 | | - | |
|---|
| 174 | | - | |
|---|
| 175 | | - | |
|---|
| 176 | | - | I certify that the attached Act originated in |
|---|
| 177 | | - | the: |
|---|
| 178 | | - | |
|---|
| 179 | | - | Senate as Bill No. 81 |
|---|
| 180 | | - | |
|---|
| 181 | | - | |
|---|
| 182 | | - | |
|---|
| 183 | | - | Secretary of the Senate |
|---|
| 184 | | - | |
|---|
| 185 | | - | |
|---|
| 186 | | - | |
|---|
| 187 | | - | |
|---|
| 188 | | - | President of the Senate |
|---|
| 189 | | - | |
|---|
| 190 | | - | Attest: |
|---|
| 191 | | - | |
|---|
| 192 | | - | |
|---|
| 193 | | - | |
|---|
| 194 | | - | |
|---|
| 195 | | - | Secretary of the Senate |
|---|
| 196 | | - | |
|---|
| 197 | | - | |
|---|
| 198 | | - | |
|---|
| 199 | | - | |
|---|
| 200 | | - | Speaker of the House |
|---|
| 201 | | - | |
|---|
| 202 | | - | Attest: |
|---|
| 6 | + | SENATE COMMERCE AND ENERGY ENGROSSED |
|---|
| 210 | | - | |
|---|
| 211 | | - | |
|---|
| 212 | | - | Senate Bill No. 81 |
|---|
| 213 | | - | File No. ____ |
|---|
| 214 | | - | Chapter No. ______ |
|---|
| 215 | | - | |
|---|
| 216 | | - | |
|---|
| 217 | | - | |
|---|
| 218 | | - | Received at this Executive Office |
|---|
| 219 | | - | this _____ day of _____________, |
|---|
| 220 | | - | |
|---|
| 221 | | - | 2025 at ____________M. |
|---|
| 222 | | - | |
|---|
| 223 | | - | |
|---|
| 224 | | - | |
|---|
| 225 | | - | By |
|---|
| 226 | | - | for the Governor |
|---|
| 227 | | - | |
|---|
| 228 | | - | |
|---|
| 229 | | - | The attached Act is hereby |
|---|
| 230 | | - | approved this ________ day of |
|---|
| 231 | | - | ______________, A.D., 2025 |
|---|
| 232 | | - | |
|---|
| 233 | | - | |
|---|
| 234 | | - | |
|---|
| 235 | | - | |
|---|
| 236 | | - | |
|---|
| 237 | | - | Governor |
|---|
| 238 | | - | |
|---|
| 239 | | - | STATE OF SOUTH DAKOTA , |
|---|
| 240 | | - | ss. |
|---|
| 241 | | - | Office of the Secretary of State |
|---|
| 242 | | - | |
|---|
| 243 | | - | |
|---|
| 244 | | - | Filed ____________, 2025 |
|---|
| 245 | | - | at _________ o'clock __M. |
|---|
| 246 | | - | |
|---|
| 247 | | - | |
|---|
| 248 | | - | |
|---|
| 249 | | - | |
|---|
| 250 | | - | |
|---|
| 251 | | - | Secretary of State |
|---|
| 252 | | - | |
|---|
| 253 | | - | |
|---|
| 254 | | - | |
|---|
| 255 | | - | By |
|---|
| 256 | | - | Asst. Secretary of State |
|---|
| 257 | | - | |
|---|
| 258 | | - | |
|---|
| 14 | + | Underscores indicate new language. |
|---|
| 15 | + | Overstrikes indicate deleted language. |
|---|
| 16 | + | An Act to prohibit the use of a firearms code for transactions involving firearms, 1 |
|---|
| 17 | + | accessories, components, and ammunition and to provide a civil penalty 2 |
|---|
| 18 | + | therefor. 3 |
|---|
| 19 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 |
|---|
| 20 | + | Section 1. That a NEW SECTION be added to a new chapter in title 37: 5 |
|---|
| 21 | + | Terms used in this Act mean: 6 |
|---|
| 22 | + | (1) "Ammunition," firearm ammunition and cartridge casings, primers, bullets, and 7 |
|---|
| 23 | + | propellant powder, designed for use in a firearm; 8 |
|---|
| 24 | + | (2) "Assignment," a financial institution's policy, process, or practice, which labels, 9 |
|---|
| 25 | + | links, or otherwise associates a firearms code with a merchant or payment card 10 |
|---|
| 26 | + | transaction, in a manner that allows the financial institution or any other entity 11 |
|---|
| 27 | + | facilitating or processing the payment card transaction to identify whether: 12 |
|---|
| 28 | + | (a) A merchant is a firearms dealer; or 13 |
|---|
| 29 | + | (b) A transaction involves the sale of firearms or ammunition; 14 |
|---|
| 30 | + | (3) "Customer," any person engaged in a payment card transaction that a financial 15 |
|---|
| 31 | + | institution facilitates or processes and any person, or the person's duly authorized 16 |
|---|
| 32 | + | representative, who has transacted business with or has used the services of a 17 |
|---|
| 33 | + | financial institution, or for whom a financial institution has acted as a fiduciary in 18 |
|---|
| 34 | + | relation to an account maintained in the person's name; 19 |
|---|
| 35 | + | (4) "Disclosure," the transfer, publication, or distribution of protected financial 20 |
|---|
| 36 | + | information to another person, for any purpose other than to process or facilitate 21 |
|---|
| 37 | + | a payment card transaction; 22 |
|---|
| 38 | + | (5) "Financial institution," a bank, savings and loan association, trust company, or 23 |
|---|
| 39 | + | credit union chartered pursuant to any state or federal law; a regulated consumer 24 |
|---|
| 40 | + | lender, a money service business, payment card issuer, or other institution that is 25 |
|---|
| 41 | + | by law under the jurisdiction of the Division of Banking; and an entity involved in 26 25.566.11 2 81 |
|---|
| 42 | + | Underscores indicate new language. |
|---|
| 43 | + | Overstrikes indicate deleted language. |
|---|
| 44 | + | facilitating or processing a payment card transaction, including a bank, acquirer, 1 |
|---|
| 45 | + | gateway, payment card network, or payment card issuer; 2 |
|---|
| 46 | + | (6) "Financial record," any: 3 |
|---|
| 47 | + | (a) Original or copy of a record or document held by a financial institution, 4 |
|---|
| 48 | + | which pertains to a customer of the financial institution, including any record 5 |
|---|
| 49 | + | of a transaction conducted by means of a customer bank communication 6 |
|---|
| 50 | + | terminal or other electronic device; 7 |
|---|
| 51 | + | (b) A record held by a financial institution, which relates to a payment card 8 |
|---|
| 52 | + | transaction that the financial institution has processed or facilitated; and 9 |
|---|
| 53 | + | (c) Information derived from any record or document referenced in this 10 |
|---|
| 54 | + | subdivision; 11 |
|---|
| 55 | + | (7) "Firearm," a weapon that is capable of expelling, is designed to expel, or may 12 |
|---|
| 56 | + | readily be converted to expel a projectile by action of an explosive; 13 |
|---|
| 57 | + | (8) "Firearm accessory or component," any: 14 |
|---|
| 58 | + | (a) Device that is specifically adapted to enable the carrying, storage, or 15 |
|---|
| 59 | + | wearing of a firearm; 16 |
|---|
| 60 | + | (b) Device that is specifically adapted to enable the mounting of a firearm in or 17 |
|---|
| 61 | + | on any conveyance; 18 |
|---|
| 62 | + | (c) Device that is specifically adapted to be inserted into or affixed to a firearm 19 |
|---|
| 63 | + | to alter, enable, or improve the capabilities or the functioning of the firearm; 20 |
|---|
| 64 | + | (d) Ammunition carrier, aftermarket grip or stock, brace, flash suppressor, 21 |
|---|
| 65 | + | folding stock, laser sight, light for target illumination, magazine, sound 22 |
|---|
| 66 | + | suppressor, speed loader, telescopic sight, or any other item used in 23 |
|---|
| 67 | + | conjunction with or mounted upon a firearm; and 24 |
|---|
| 68 | + | (e) Equipment, machinery, material, tool, or other component used in making, 25 |
|---|
| 69 | + | manufacturing, or reloading ammunition; 26 |
|---|
| 70 | + | (9) "Firearms code," an indicator or code that: 27 |
|---|
| 71 | + | (a) A financial institution assigns to a merchant or to a payment card 28 |
|---|
| 72 | + | transaction and which identifies whether a merchant is a firearms dealer or 29 |
|---|
| 73 | + | whether the payment card transaction involves the purchase of a firearm, 30 |
|---|
| 74 | + | firearm accessories or components, or ammunition; and 31 |
|---|
| 75 | + | (b) Includes a merchant category code assigned to a retailer by a payment card 32 |
|---|
| 76 | + | network or other financial institution; 33 |
|---|
| 77 | + | (10) "Firearms dealer," any: 34 |
|---|
| 78 | + | (a) Retailer or merchant of firearm accessories or components; 35 25.566.11 3 81 |
|---|
| 79 | + | Underscores indicate new language. |
|---|
| 80 | + | Overstrikes indicate deleted language. |
|---|
| 81 | + | (b) Any person engaged in the lawful business of selling or trading firearms or 1 |
|---|
| 82 | + | antique firearms, as those terms are defined in 18 U.S.C. § 921 (January 2 |
|---|
| 83 | + | 1, 2025); or 3 |
|---|
| 84 | + | (c) Any person engaged in the lawful business of selling ammunition for use in 4 |
|---|
| 85 | + | firearms or antique firearms; 5 |
|---|
| 86 | + | (11) "Governmental entity," this state, any political subdivision of this state, and any 6 |
|---|
| 87 | + | agency or instrumentality of this state or a political subdivision of this state; 7 |
|---|
| 88 | + | (12) "Merchant," an individual or entity accepting a payment card from a customer for 8 |
|---|
| 89 | + | the purchase of a good or service, including a firearms dealer that accepts payment 9 |
|---|
| 90 | + | cards for the lawful purchase of firearms, firearm accessories or components, or 10 |
|---|
| 91 | + | ammunition; 11 |
|---|
| 92 | + | (13) "Payment card," a charge card, credit card, debit card, or any other card that is 12 |
|---|
| 93 | + | issued to an authorized user and allows the user to purchase goods or services 13 |
|---|
| 94 | + | from a merchant; and 14 |
|---|
| 95 | + | (14) "Protected financial information," any record of a sale, purchase, return, or refund, 15 |
|---|
| 96 | + | involving a payment card that is retrieved, characterized, generated, labeled, 16 |
|---|
| 97 | + | sorted, or grouped based on the assignment of a firearms code, provided a 17 |
|---|
| 98 | + | customer's protected financial information refers to protected financial information 18 |
|---|
| 99 | + | appearing in the financial records of a customer. 19 |
|---|
| 100 | + | Section 2. That a NEW SECTION be added to a new chapter in title 37: 20 |
|---|
| 101 | + | With the exception of records kept during the regular course of a criminal 21 |
|---|
| 102 | + | investigation and prosecution, or as otherwise required by law, no governmental entity or 22 |
|---|
| 103 | + | official, agent, or employee of a governmental entity or any person other than the owner 23 |
|---|
| 104 | + | or owner’s representative, may knowingly and willfully keep or cause to be kept any list, 24 |
|---|
| 105 | + | record, or registry of privately owned firearms or the owners of those firearms. 25 |
|---|
| 106 | + | Section 3. That a NEW SECTION be added to a new chapter in title 37: 26 |
|---|
| 107 | + | Neither a financial institution nor an agent of a financial institution may require the 27 |
|---|
| 108 | + | use of a firearms code in a way that distinguishes a firearms dealer physically located in 28 |
|---|
| 109 | + | this state from a general merchandise retailer or a sporting goods retailer located in this 29 |
|---|
| 110 | + | state. 30 |
|---|
| 111 | + | Section 4. That a NEW SECTION be added to a new chapter in title 37: 31 25.566.11 4 81 |
|---|
| 112 | + | Underscores indicate new language. |
|---|
| 113 | + | Overstrikes indicate deleted language. |
|---|
| 114 | + | A financial institution may not discriminate against a firearms dealer by: 1 |
|---|
| 115 | + | (1) Declining a lawful payment card transaction based solely on the assignment or 2 |
|---|
| 116 | + | non-assignment of a firearms code to the merchant or the transaction; 3 |
|---|
| 117 | + | (2) Limiting or declining to do business with a customer, potential customer, or 4 |
|---|
| 118 | + | merchant, based on the assignment or non -assignment of a firearms code to 5 |
|---|
| 119 | + | previous lawful transactions involving the customer, potential customer, or 6 |
|---|
| 120 | + | merchant; 7 |
|---|
| 121 | + | (3) Charging a merchant a higher transaction or interchange fee for a lawful 8 |
|---|
| 122 | + | transaction based on the assignment or non-assignment of a firearms code; or 9 |
|---|
| 123 | + | (4) Taking any other action against a customer or merchant with the intent of 10 |
|---|
| 124 | + | suppressing lawful commerce involving firearms, firearm accessories or 11 |
|---|
| 125 | + | components, or ammunition, if the action is based solely or in part on the 12 |
|---|
| 126 | + | customer's or merchant's business involving firearms, firearm accessories or 13 |
|---|
| 127 | + | components, or ammunition. 14 |
|---|
| 128 | + | Section 5. That a NEW SECTION be added to a new chapter in title 37: 15 |
|---|
| 129 | + | The attorney general may investigate any alleged violation of this Act and shall 16 |
|---|
| 130 | + | provide written notice to any individual or entity, public or private, believed to be in 17 |
|---|
| 131 | + | violation. Written notice to any commercial entity must be made to the entity's registered 18 |
|---|
| 132 | + | agent. 19 |
|---|
| 133 | + | Upon receipt of a written notice from the attorney general, the alleged violator 20 |
|---|
| 134 | + | must cease usage of the firearms code within thirty calendar days. The attorney general 21 |
|---|
| 135 | + | may extend the period for up to an additional one hundred and twenty days. 22 |
|---|
| 136 | + | Section 6. That a NEW SECTION be added to a new chapter in title 37: 23 |
|---|
| 137 | + | The attorney general may be petitioned to investigate an alleged violation of this 24 |
|---|
| 138 | + | Act by: 25 |
|---|
| 139 | + | (1) A firearms dealer physically located in this state, if the dealer's business was the 26 |
|---|
| 140 | + | subject of an alleged violation of this Act; or 27 |
|---|
| 141 | + | (2) A customer who engaged in a transaction with a firearms dealer physically located 28 |
|---|
| 142 | + | in this state, if the dealer's business was the subject of an alleged violation of this 29 |
|---|
| 143 | + | Act. 30 |
|---|
| 144 | + | If the attorney general does not commence an action within ninety days of 31 |
|---|
| 145 | + | receiving a petition under this section, the firearms dealer or the customer may file an 32 25.566.11 5 81 |
|---|
| 146 | + | Underscores indicate new language. |
|---|
| 147 | + | Overstrikes indicate deleted language. |
|---|
| 148 | + | action in a court of competent jurisdiction to enjoin the individual or entity from engaging 1 |
|---|
| 149 | + | in a violation of this Act. 2 |
|---|
| 150 | + | Section 7. That a NEW SECTION be added to a new chapter in title 37: 3 |
|---|
| 151 | + | If an individual or entity, public or private, is found to be in violation of this Act 4 |
|---|
| 152 | + | after the later of the expiration of thirty calendar days from the receipt of written notice 5 |
|---|
| 153 | + | by the attorney general or the expiration of any extension granted by the attorney general, 6 |
|---|
| 154 | + | the attorney general must pursue an injunction against the individual or entity, in a court 7 |
|---|
| 155 | + | of competent jurisdiction in the circuit court for the county where the alleged violation 8 |
|---|
| 156 | + | occurred. 9 |
|---|
| 157 | + | If a court finds that an individual or entity continues to be in violation of this Act 10 |
|---|
| 158 | + | after the later of thirty calendar days from the receipt of written notice by the attorney 11 |
|---|
| 159 | + | general or the expiration of any extension granted by the attorney general, or after a 12 |
|---|
| 160 | + | finding of a violation of this Act by a court, the court must enjoin the individual or entity 13 |
|---|
| 161 | + | from continuing to violate this Act. 14 |
|---|
| 162 | + | If thirty days after the issuance of an injunction an individual or entity knowingly 15 |
|---|
| 163 | + | and willfully fails to comply, as provided for in this section, the court must impose a civil 16 |
|---|
| 164 | + | penalty in the amount of twenty-five thousand dollars or the amount of actual damages 17 |
|---|
| 165 | + | for each violation occurring after the conclusion of the thirty-day period. In assessing the 18 |
|---|
| 166 | + | penalty, the court may consider the financial resources of the violator and any harm or 19 |
|---|
| 167 | + | risk of harm to an individual's rights under the U.S. Const. amend. II, resulting from the 20 |
|---|
| 168 | + | violation. The court shall forward any civil penalty collected under this section to the state 21 |
|---|
| 169 | + | treasurer, for deposit in the general fund. 22 |
|---|
| 170 | + | In addition to the remedies provided for in this section, the attorney general or a 23 |
|---|
| 171 | + | petitioner who prevails in an action under this Act shall recover costs and reasonable 24 |
|---|
| 172 | + | attorney's fees. 25 |
|---|
| 173 | + | Section 8. That a NEW SECTION be added to a new chapter in title 37: 26 |
|---|
| 174 | + | It is not a defense to an action filed pursuant to this Act that information was 27 |
|---|
| 175 | + | disclosed to a federal government entity, unless the disclosure or action was based on a 28 |
|---|
| 176 | + | good faith conclusion that the disclosure or action was required by federal law or 29 |
|---|
| 177 | + | regulation. 30 |
|---|