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SECOND REGULAR SESSION
SENATE BILL NO. 1128
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
3385S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 314, RSMo, by adding thereto one new section relating to firearm privacy, with
penalty provisions.
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 314.405, to read as 2
follows:3
314.405. 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, the following terms mean: 3
(1) "Ammunition", ammunition or cartridge cases, 4
primers, bullets, or propellant powder designed for use in 5
any firearm; 6
(2) "Assign" or "assignment", a covered entity's 7
policy, process, or practice that labels, links, or 8
otherwise associates a merchant category code with a 9
merchant or a payment card transaction in a manner that 10
allows the covered entity or any other entity facilitating 11
or processing the payment card transaction to identify 12
whether a merchant is a firearm retailer or whether a 13
transaction involves the sale of firearms or ammunition; 14
(3) "Covered entity", an entity, or agent of an 15
entity, that establishes a relationship with a retailer for 16
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the purpose of processing credit, debit, or prepaid 17
transactions; 18
(4) "Firearm", the same meaning as is ascribed to the 19
term in section 571.010, or any firearm component or 20
accessory; 21
(5) "Firearm retailer", any person or entity that is 22
physically located in this state and is engaged in the 23
lawful selling or trading of firearms, antique firearms, or 24
ammunition to be used in firearms or antique firearms; 25
(6) "Government entity", the state, a political 26
subdivision of the state, or any court, agency, or 27
instrumentality of the state or a political subdivision of 28
the state; 29
(7) "Merchant category code", the code, approved by 30
the International Organization for Standardization or an 31
equivalent successor organization specifically for firearm 32
retailers, that is assigned to a retailer based on the types 33
of goods and services offered to a retailer's customers; 34
(8) "Payment card", a credit card, charge card, debit 35
card, or any other card that is issued to a customer and 36
allows the customer to purchase goods or services from a 37
merchant; 38
(9) "Payment card network", an entity, or agent of an 39
entity, that provides the proprietary services, 40
infrastructure, or software to conduct payment card 41
transaction authorizations, clearances, and settlements, and 42
that an entity uses to accept as a form of payment a brand 43
of payment card or other device that may be used to carry 44
out debit or credit transactions; 45
(10) "Payment card transaction", any transaction in 46
which a payment card is accepted as payment. 47
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3. Except for those records kept during the regular 48
course of a criminal investigation and prosecution, or as 49
otherwise required by law, no government entity or official 50
and no agent or employee of a government entity shall 51
knowingly keep or cause to be kept any list, record, or 52
registry of privately owned firearms or the owners of those 53
firearms. 54
4. No payment card network shall require or 55
incentivize the use of a merchant category code in a manner 56
that distinguishes a firearm retailer from other retailers. 57
5. No covered entity shall assign a firearm retailer a 58
merchant category code that distinguishes the firearm 59
retailer from other retailers. 60
6. The attorney general shall investigate reasonable 61
allegations that a person or entity, including a government 62
entity, has violated the provisions of this section and, 63
upon finding a violation, provide written notice to the 64
person or entity believed to have committed the violation. 65
The person or entity shall cease the violation within thirty 66
business days after receiving written notice from the 67
attorney general in accordance with this section. 68
7. (1) If a person or entity does not cease the 69
violation within thirty days after receiving written notice 70
from the attorney general in accordance with this section, 71
the attorney general shall file an action against that 72
person or entity to seek an injunction. 73
(2) If the court finds that the person or entity 74
violated the provisions of this section and has not ceased 75
the activity constituting the violation, the court shall 76
enjoin the person or entity from continuing such activity 77
and shall award attorney fees and costs. 78
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(3) If a person or entity purposely fails to comply 79
with an injunction issued in accordance with this subsection 80
after thirty business days of being served with the 81
injunction, the attorney general, upon petition to the 82
court, shall seek to impose on that person or entity a civil 83
penalty in an amount not to exceed one thousand dollars per 84
violation. In assessing such a civil penalty, the court 85
shall consider factors resulting from the violation, 86
including the financial resources of the violator and the 87
harm or risk of harm to the rights under the Second 88
Amendment to the United States Constitution and article I, 89
section 23 of the Missouri Constitution. 90
(4) Any order assessing a civil penalty in accordance 91
with this subsection shall be stayed pending appeal of the 92
order. 93
8. The attorney general has exclusive authority to 94
enforce the provisions of this section. The remedies set 95
forth in this section are the exclusive remedies for any 96
violation of this section. 97
9. It shall be a defense to a proceeding initiated in 98
accordance with this section that a merchant category code 99
was required to be permitted or assigned by law. 100
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