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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: PS DP 4-3-0-0 | 3rd Read 17-12-0-1 |
SB 1143: firearms transactions; merchant codes; prohibition
Sponsor: Senator Rogers, LD 7
Committee on Judiciary
Overview
Prohibits governmental and certain private entities from creating registries related to firearms and from distinguishing firearm retailers via Merchant Category Codes (MCCs).
History
MCCs are four-digit numbers used by credit card companies and payment processors to classify businesses based on the goods or services they provide; MCCs are used for purposes like fraud detection, rewards program categorization, and data analysis (Visa Merchant Data Standards Manual). MCCs are specified by the ISO 18245 standard (ISO 18245:2023).
Provisions
1. Forbids any government entity from knowingly keeping or causing to be kept any list, record or registry of privately owned firearms or their owners, except when done in the regular course of a criminal investigation or prosecution or when otherwise required by law. (Sec. 2)
2. Prohibits a payment card network from requiring or incentivizing the use of an MCC in a way that distinguishes firearm retailers from other retailers. (Sec. 2)
3. Prohibits any person or covered entity from assigning a firearm retailer an MCC that distinguishes them from other retailers. (Sec. 2)
4. Instructs the attorney general or a county attorney to investigate reasonable allegations of violations of this Act. (Sec. 2)
5. Requires that if a violation is found, written notice must be given to the violating party, and the violator must cease the offending conduct within 30 business days of receipt of notice. (Sec. 2)
6. Instructs the attorney general or county attorney to file an injunction if the violator does not cease the conduct within 30 business days of notice. (Sec. 2)
7. Directs the court to grant the injunction and award attorney’s fees and costs if it finds the violator did not cease the prohibited conduct. (Sec. 2)
8. Instructs the attorney general or county attorney to petition the court to seek a civil penalty, of not more than $1,000 per violation, if the violator purposely fails to comply with the injunction within 30 days of proper service. (Sec. 2)
9. Directs the court to consider factors such as the violator’s financial resources and the public harm or risk caused when determining the amount of the civil penalty. (Sec. 2)
10. Stipulates that any civil penalty order is stayed pending appeal. (Sec. 2)
11. Grants exclusive enforcement authority for this Act to the attorney general and county attorneys and asserts that the remedies in this Act are the exclusive remedies for violations of this Act. (Sec. 2)
12. Designates this legislation with the short title Second Amendment Financial Privacy Act. (Sec. 3)
13. Defines pertinent terms. (Sec. 1)
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SB 1143
Initials NM Page 0 Judiciary
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