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Republican Sponsorship
Business & Economy

HB1620

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

Failed

Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment

Sponsors

AI-Generated Summary

House Bill 1620, the 'Second Amendment Financial Privacy Act,' seeks to prohibit financial institutions from using specific merchant category codes to track or identify transactions at firearms and ammunition retailers. The bill argues that such tracking by financial institutions or payment card networks facilitates unauthorized surveillance of lawful Second Amendment activities. It defines 'firearms codes' and prohibits financial institutions from creating registries of firearms or their owners. Furthermore, it forbids the separate classification of firearms retailers from general merchandise or sporting goods retailers within payment systems. Enforcement of this act is delegated to the Attorney General, who may seek injunctions against non-compliant institutions. Additionally, the bill permits private individuals to file civil actions if they are harmed by violations of these provisions.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries include firearms and ammunition retailers, who would be shielded from being uniquely categorized in payment tracking systems, and individual consumers who purchase firearms and ammunition, as their specific transactions would not be separately tracked or reported by financial institutions. Additionally, advocacy groups focused on Second Amendment rights benefit from the legislative protection against financial industry surveillance of gun-related purchases.

Who Might Suffer?

Financial institutions, including payment card networks, payment processors, and banks, would be negatively impacted as they would be restricted from implementing standard industry merchant category codes for firearm-related transactions. Law enforcement agencies or government entities seeking to utilize aggregated financial transaction data to track potential illegal financing or suspicious firearm-related activity may also find their investigative tools limited by this legislation.

Read Full Bill on arkleg.state.ar.us