Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: January 16, 2024 Contact: Abby Gorzlancyk, Staff Attorney
2023 Assembly Bill 468
Assembly Substitute
Amendment 1
2023 ASSEMBLY BILL 468
2023 Assembly Bill 468 prohibits a financial institution or its agent from requiring the use of the
firearms code in a way that distinguishes a firearms retailer from general merchandise retailers or
sporting goods retailers or from discriminating against a firearms retailer by declining a lawful payment
card transaction based solely on the assignment or nonassignment of the firearms code. A financial
institution is defined as an entity involved in facilitating or processing a payment card transaction,
including a bank, acquirer, payment card network, or payment card issuer.
The bill also requires the Department of Justice (DOJ) to ensure that firearms transfer background
check records are not stored, maintained, or formatted into a list that identifies persons who have
purchased a firearm and prohibits a state agency, political subdivision, or special purpose district from
intentionally creating, storing, or maintaining a list of individuals who own firearms, except for the
purposes of criminal investigations or prosecutions or of determining compliance with court orders or
injunctions.
ASSEMBLY SUBSTITUTE AMENDMENT 1
Assembly Substitute Amendment 1 prohibits a payment card network or its agent from requiring
the use of a firearms code in a way that distinguishes a firearms retailer from general merchandise
retailers or sporting goods retailers or from declining or otherwise refusing to process a lawful payment
card transaction at a firearms retailer based solely on the assignment or nonassignment of a firearms
code.
The substitute amendment gives the Attorney General exclusive authority to enforce these provisions. It
also requires that the Attorney General investigate alleged violations of these provisions and provide
written notice to any person, whether public or private, believed to be in violation of this section, upon
finding a violation. Upon receipt of this written notice from the Attorney General, the person must,
within 30 calendar days, cease the use of a firearms code for any merchant in this state. If a person is
found to be in violation of these provisions after the expiration of 30 calendar days from the receipt of
the required written notice from the Attorney General, the Attorney General must pursue an injunction
against the person, which a court may order in addition to any other relief the court may consider
appropriate.
The substitute amendment also clarifies that, when DOJ ensures that firearms transfer background
check records are not stored, maintained, or formatted into a list that identifies persons who have
purchased a firearm, if an aggrieved party files a civil action regarding a record that was granted access
in violation of the provision, it is not a defense that the record was disclosed to a federal government
entity unless the disclosure was required by federal law or regulation, or was made in compliance with a
federal safe harbor provision. - 2 -
BILL HISTORY
On December 18, 2023, Representative Bodden offered Assembly Substitute Amendment 1 to Assembly
Bill 468. On January 11, 2024, the Assembly Committee on Consumer Protection recommended
adoption of Assembly Substitute Amendment 1 on a vote of Ayes, 6; Noes, 2; and passage of Assembly
Bill 468, as amended, on a vote of Ayes, 6; Noes, 3.
For a full history of the bill, visit the Legislature’s bill history page.
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