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24LSO-0352
2024
STATE OF WYOMING
24LSO-0352
Numbered
2.0
HOUSE BILL NO. HB0151
Firearms merchant category code-prohibition.
Sponsored by: Representative(s) Crago, Davis, Lawley, Niemiec, Sommers, Washut, Western and Wylie and Senator(s) Barlow, Cooper, Driskill, Hicks, Kinskey and Landen
A BILL
for
AN ACT relating to consumer protection; prohibiting records and discrimination based on a firearms code as specified; providing definitions; providing for enforcement; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 40
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12
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801 through 40
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12
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803 are created to read:
ARTICLE 8
PROTECTION OF INFORMATION FOR FIREARMS PURCHASES
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801.
Definitions.
(a)
As used in this article:
(i)
"Customer" means any resident of Wyoming engaged in a payment card transaction that a financial institution facilitates or processes;
(ii)
"Disclosure" or "disclose" means the transfer, publication or distribution of protected financial information to another person for any purpose, except to:
(A)
Process or facilitate a payment card transaction; or
(B)
Take any action related to dispute processing, fraud management or protecting transaction integrity from concerns related to illegal activities, breach or cybersecurity risks.
(iii)
"Financial institution" means any entity defined in W.S. 13
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1
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401(a)(ii) involved in facilitating or processing a payment card transaction;
(iv)
"Financial record" means a record held by a financial institution related to a payment card transaction that the financial institution has processed or facilitated;
(v)
"Firearm entity" means as defined in W.S. 13
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301(a)(vi);
(vi)
"Firearms code" means any merchant category code designated or approved by the international organization for standardization specifically for retailers of firearms, firearm accessories or ammunition, including but not limited to merchant category code 5723 approved by the international organization for standardization;
(vii)
"Government entity" means the state of Wyoming, the University of Wyoming and any local government as defined in W.S. 1
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39
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103(a)(ii);
(viii)
"Protected financial information" means any record of a sale, purchase, return or refund involving a payment card that is retrieved, characterized, generated, labeled, sorted or grouped based on the assignment of a firearms code.
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802.
Firearms transactions; retention of records; usage of firearms merchant category code prohibited.
(a)
Except as specifically required by law, no government entity, financial institution or person shall keep or cause to be kept any list, record or registry of privately owned firearms or any list, record or registry of the owners of privately owned firearms or customers who purchase firearms to be privately owned.
(b)
No financial institution shall require the usage of a firearms code in a way that distinguishes a firearm entity physically located in Wyoming from general merchandise retailers or sporting goods retailers.
(c)
Except as specifically required by law, no financial institution shall disclose protected financial information, including a firearms code that was collected in violation of this article, unless the disclosure of the financial record or firearms code was based on a good
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faith conclusion that the disclosure was required by law.
(d)
Nothing in this section shall limit the ability of
a financial institution to negotiate with any person or otherwise impair the financial institution's actions related to dispute processing, fraud management, transaction integrity and addressing illegal activities, security breaches or cybersecurity risks.
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803.
Violations; remedies.
(a)
Any firearm entity or person may petition the attorney general to investigate an alleged violation of this article. Upon receipt of a petition under this subsection or if the attorney general has probable cause to believe that a person has violated this article, the attorney general shall investigate alleged violations of this article.
(b)
Upon finding a violation of this article, the attorney general shall provide written notice to any person believed to be in violation of this article. Written notice shall be made to the person or the person's registered agent.
(c)
Upon receipt of written notice under this section, a person shall have thirty (30) days to cease or cure any violation of this article.
(d)
If any person found to be in violation of this article fails to cease or cure the violation of this article within thirty (30) days of receiving notice under this section, the attorney general may pursue an injunction as authorized in W.S. 40
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106. The district court may take any action authorized in W.S. 40
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106 to restrain a practice or action in violation of this article.
(e)
Any person who violates any injunction or restraining order entered in accordance with subsection (d) of this section or who violates any action authorized in W.S. 40
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106 to restrain a practice or action in violation of this article shall be subject to a civil penalty. The attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than ten thousand dollars ($10,000.00) for each violation committed after the time specified in subsection (d) of this section. If a civil penalty is assessed under this subsection, the attorney general shall be entitled to reasonable attorney fees and costs.
(f)
It shall be a defense to any action filed under this section that the use of a firearms code was required based on a good
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faith conclusion that the person's disclosure or action was required by law.
Section 2.
W.S. 13
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302(a) is amended to read:
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10
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302.
Unlawful discrimination against a firearm entity; exception.
(a)
A financial institution shall not discriminate against a firearm entity
:
(i)
B
ecause the firearm entity supports or is engaged in the lawful commerce of firearms, firearm accessories or ammunition products
; or
(ii)
By declining a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code as defined by W.S. 40
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801(a)(vi)
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Section 3
.
Nothing in this act shall be construed to amend, alter or impair any contract entered into before the effective date of this act.
Section 4
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This act is effective July 1, 2024
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(END)
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HB0151