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HB1443

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

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AI-Generated Summary

This bill, titled the "Second Amendment Financial Privacy Act," aims to prohibit financial institutions and payment networks from engaging in certain discriminatory practices against firearms retailers. It defines various terms related to firearms, ammunition, financial institutions, and payment transactions. The act would prevent government entities, payment networks, and financial institutions from creating lists or registries of privately owned firearms or their owners, with specific exceptions for criminal investigations and lawful business practices. It also restricts financial institutions and payment networks from requiring or incentivizing the use of "firearms codes" in a way that differentiates firearms retailers from other types of retailers. Furthermore, the bill prohibits these entities from discriminating against firearms retailers by declining transactions, limiting business, charging higher fees, or taking other actions intended to suppress lawful commerce involving firearms based on the assignment or nonassignment of a firearms code. Enforcement of the act would be overseen by the Attorney General, who can investigate violations, issue notices, and seek injunctions. Firearms retailers or customers affected by alleged violations can petition the Attorney General or file suit if no action is taken.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries of this bill would be firearms retailers and individuals who purchase firearms, firearm accessories, or ammunition. By prohibiting financial institutions and payment networks from using 'firearms codes' to track or discriminate against these transactions, the bill aims to ensure these businesses can operate without facing potential financial repercussions or limitations solely due to their product offerings. Consumers engaged in lawful firearm-related purchases would also benefit from the assurance that their transactions are not being flagged or treated differently based on the nature of the goods purchased.

Who Might Suffer?

Financial institutions and payment networks would be the entities most directly and negatively impacted by this bill. They would face new regulatory requirements and restrictions on how they categorize and process transactions related to firearms and ammunition. The bill prohibits certain practices, such as differentiating firearms retailers through merchant codes and potentially charging different fees, which could alter their operational procedures and risk management strategies. Enforcement by the Attorney General and potential for lawsuits could also lead to increased legal and compliance costs for these entities.

Read Full Bill on arkleg.state.ar.us