Second Amendment Financial Privacy Act amendments.

25LSO-0498
2025
STATE OF WYOMING
25LSO-0498
Numbered
2.0

HOUSE BILL NO. HB0234

Second Amendment Financial Privacy Act amendments.

Sponsored by: Representative(s) Allemand, Angelos, Banks, Bear, Brown, G, Campbell, K, Guggenmos, Haroldson, Heiner, Hoeft, Johnson, Knapp, Lien, Locke, Lucas, Pendergraft, Schmid, Smith, S, Strock, Styvar, Tarver, Wasserburger, Webber, Wharff, Williams and Winter and Senator(s) Hutchings, Ide, McKeown and Pearson

A BILL

for

AN ACT relating to the protection of constitutional rights; prohibiting the disclosure or use of information relating to firearms and ammunition sales as specified; providing requirements for disclosure; requiring investigations as specified; authorizing civil actions as specified; authorizing criminal penalties; providing and amending definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 9
‑
14
‑
405 is created to read:

9
‑
14
‑
405.

Criminal actions.

Any person who knowingly violates W.S. 9
‑
14
‑
403(a) is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.

Section 2.

W.S. 9
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14
‑
402(a)(iv), (vi), by creating new paragraphs (xi) through (xvi) and renumbering paragraph (xi) as (xvii), 9
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14
‑
403(a), (b) and by creating a new subsection (d), 9
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14
‑
404(a), (b) and by creating new subsections (d) and (e) are amended to read:

9
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14
‑
402.

Definitions.

(a)

As used in this act:

(iv)

"Financial record" means a financial record held by a merchant servicer related to a payment card transaction that the merchant servicer has processed or facilitated
, including any information derived from the financial record
;

(vi)

"Firearms retailer" means any person engaged in the lawful business of selling or trading firearms
, firearms accessories or components
or ammunition to be used in firearms;

(xi)

"Ammunition" means ammunition or cartridge cases, primers, bullets or propellant powder designed for use in any firearm;

(xii)

"Antique firearm" means as defined by W.S. 6
‑
8
‑
403(a)(viii);

(xiii)

"Firearm" means any weapon that will, is designed to or may readily be converted to expel a projectile by the action of an explosive. "Firearm" shall include an antique firearm;

(xiv)

"Firearm accessory or component" means:

(A)

A device specifically designed or adapted to enable a person to wear or

carry a firearm on the person or to store or mount a firearm in or on a conveyance;

(B)

An attachment or device that is specifically designed or adapted to be inserted into or affixed onto a firearm to enable, alter or improve the functioning or capabilities of the firearm;

(C)

An item that is used in conjunction with or mounted upon a firearm but are not essential to the basic function of the firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, braces, ammunition carriers and lights for target illumination;

(D)

A component for making ammunition, reloading materials and equipment, machinery and tools for manufacturing ammunition.

(xv)

"Merchant" means a person that accepts payment cards from customers for the purchase of goods or services. The terms includes a firearms retailer that accepts payment cards from customers for the lawful purchase of firearms, firearm accessories or components or ammunition to be used in firearms;

(xvi)

"Payment card" means a credit card, charge card, debit card or any other card that is issued to an authorized card user and that allows the user to purchase goods or services from a firearm retailer or other merchant;

(xi)
(xvii)

"This act" means W.S. 9
‑
14
‑
401 through
9
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14
‑
404
9
‑
14
‑
405
.

9
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14
‑
403.

Prohibitions on data collection and use.

(a)

No state governmental agency or local government, special district or other political subdivision or official, agent or employee of the state or other governmental entity or any other person, public or private, shall knowingly or willfully 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 those firearms created or maintained through the use of a firearms code
or any other merchant category code
. This
subsection shall not apply to any financial institution that is not a merchant servicer or to any record maintained in the ordinary course of business of any financial institution or federal firearm licensee as required by 18 U.S.C. 922.
state and its political subdivisions are prohibited from using any personnel or funds appropriated by the legislature or any other state funds to enforce, administer or cooperate with any law, executive order, final rule or regulation of the federal government that willfully keeps or causes to be kept any list, record or registry of privately owned firearms or any list, record or registry of the owners of those firearms created or maintained through the use of a firearms code or any other merchant category code. This subsection shall not apply to any record maintained in the ordinary course of business of any federal firearm licensee as required by 18 U.S.C. § 922.

(b)

No merchant servicer shall require the usage of or assign
:

(i)

A
firearms code
or other merchant category code
to any merchant located in Wyoming
;

(ii)

A merchant category code to any merchant located in Wyoming
that
is a seller of firearms, firearm accessories or ammunition
distinguishes a merchant from a general merchandise retailer or sporting goods retailer
.

(d)

No merchant servicer shall discriminate against a merchant or customer located in Wyoming by declining a lawful payment card transaction, limiting or declining to do business with a firearms retailer or customer for a lawful transaction or charging a higher transaction or interchange fee to any merchant or customer for a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code or any other merchant category code that distinguishes a merchant from a general merchandise retailer or a sporting goods retailer, or otherwise take any action against a merchant or customer located in Wyoming that is intended to prohibit or suppress lawful commerce involving firearms, firearm accessories or components or ammunition.

9
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14
‑
404.

Civil actions.

(a)

The attorney general
may
shall
investigate alleged violations of this act and, upon finding a violation, shall provide written notice to any person or entity, public or private, believed to be in violation of this act. Upon receipt of written notice from the attorney general, the person or entity shall have thirty (30) days to cease the usage of a firearms
, firearm accessories or ammunition merchant
code for any Wyoming merchant
or any other merchant category code that distinguishes a Wyoming merchant from a general merchandise retailer or a sporting goods retailer, or from any discriminatory practices identified in W.S. 9
‑
14
‑
403(d)
.

(b)

If the person or entity fails to cease the usage of a firearms
, firearm accessories or ammunition merchant
code
for any
or other
merchant
located in Wyoming
category code in violation of this act or from any discriminatory practices identified in W.S. 9
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14
‑
403(d)
after the expiration of thirty (30) days from the receipt of the written notice by the attorney general's office, the attorney general
may
shall
pursue an injunction against any person or entity, public or private, alleged to be in violation of this act.
A court may order an injunction, in addition to any other relief, as the court may consider appropriate.

(d)

A merchant located in Wyoming whose business was the subject of an alleged violation of this act or a customer who completed a transaction with a merchant located in Wyoming whose business was the subject of an alleged violation of this act may petition the attorney general to investigate the alleged violation. If the attorney general does not commence an action within sixty (60) days of receiving the petition, the merchant or customer may file an action in a court of competent jurisdiction to enjoin the person or entity from requiring a firearms code or other merchant category code in violation of this act or from any discriminatory practices identified in W.S. 9
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14
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403(d). If a court finds that a violation of this act has occurred and the person fails to cease the activity constituting the violation, the court shall order an injunction and attorney fees and costs, in addition to any other relief as the court may deem appropriate.

(e)

If the person knowingly and willfully fails to comply within thirty (30) days after being served with the injunction, the attorney general, upon petition to the court, shall recover on behalf of the state a civil penalty not to exceed ten thousand dollars ($10,000.00) for each violation of the act committed after the expiration of the thirty (30) day period. In assessing a civil penalty, the court shall consider factors resulting from the violation, including the financial resources of the violator and the harm or risk of harm to the rights of the injured party pursuant to the second Amendment of the United States constitution and article 1, section 24 of the Wyoming constitution. An order assessing a civil penalty for a violation of this article shall be stayed pending appeal of the order.

Section 3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0234