Tennessee 2023-2024 Regular Session

Tennessee Senate Bill SB2223

Introduced
1/30/24  
Engrossed
3/21/24  
Enrolled
4/10/24  
Passed
4/23/24  

Caption

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.

Impact

If enacted, SB2223 would significantly impact regulations concerning firearm-related transactions, effectively limiting the ability of financial institutions to monitor these transactions. According to the bill, it is unlawful for a government entity or financial institution to maintain lists or records of privately owned firearms. This change is intended to uphold the privacy rights of individuals making legal purchases and to prevent what supporters see as unnecessary surveillance that could infringe upon Second Amendment rights.

Summary

Senate Bill 2223, known as the 'Second Amendment Financial Privacy Act', aims to amend several titles within the Tennessee Code Annotated to address how financial institutions process payment card transactions related to firearms. The bill prohibits the assignment of merchant category codes that could potentially catalogue transactions related to firearms and ammunition sales, thereby preventing a system that might enable the tracking of lawful firearm purchases. It seeks to protect the constitutional rights of citizens to keep and bear arms by ensuring that financial institutions cannot distinguish transactions based on the nature of the goods purchased, specifically firearms.

Sentiment

The discussion surrounding SB2223 reveals a polarized sentiment. Proponents, including various lawmakers and gun rights advocates, argue that the bill is essential for safeguarding citizens' privacy and constitutional rights. They fear that categorizing firearm transactions could lead to government overreach and intrusive surveillance of lawful gun owners. Conversely, critics might raise concerns over the implications of limiting oversight on potentially illegal transactions or financial practices, suggesting the bill could hinder efforts to monitor and combat illegal activities involving firearms.

Contention

Notable points of contention stem from fears regarding the potential misuse of payment processing systems to surveil and restrict firearm purchases. Supporters argue that such surveillance can have a chilling effect on the exercise of Second Amendment rights, while opponents may argue that some level of oversight is necessary for public safety. The bill introduces civil penalties for non-compliance, indicating that there will be strict enforcement against any financial institutions that fail to adhere to the new regulations, which also adds to the debate surrounding business responsibilities and consumer rights.

Companion Bills

TN HB2762

Crossfiled 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.

Similar Bills

CA AB1587

Financial transactions: firearms merchants: merchant category code.

MS HB1110

Second Amendment Financial Privacy Act; create.

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.

SD SB81

Prohibit the use of a firearms code for transactions involving firearms, accessories, components, and ammunition and to provide a civil penalty therefor.

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.

TX HB2837

Relating to prohibiting a person or entity from surveilling, reporting, or tracking the purchase of firearms, ammunition, and accessories through the use of certain merchant category codes; imposing a civil penalty.

AR HB1443

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

MO SB216

Creates the Second Amendment Financial Privacy Act