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REFERENCE TITLE: firearms transactions; merchant codes; prohibition |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1143 |
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Introduced by Senator Rogers
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AN ACT
amending section 44-7851, arizona revised statutes; amending title 44, chapter 36, article 1, arizona revised statutes, by adding section 44-7853; relating to firearm transactions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-7851, Arizona Revised Statutes, is amended to read:
44-7851. Definitions
In this chapter, unless the context otherwise requires:
1. "Ammunition" includes:
(a) Cartridge cases.
(b) Primers.
(c) Bullets.
(d) Propellant powder that is designed for use in any firearm.
2. "Assign" or "Assignment" means a covered entity's policy, process or practice that labels, links or otherwise associates a merchant category code with a merchant or a payment card transaction in a manner that allows a covered entity or any other entity that facilitates or processes the payment card transaction to identify whether a merchant is a firearm retailer or whether a transaction involves the sale of firearms or ammunition.
3. "Covered entity" means any entity, or agent of the covered entity, that establishes a relationship with a retailer for the purpose of processing credit card, debit card or prepaid transactions.
1. 4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel or that is designed to or may readily be converted to expel a solid projectile by the action of expanding gases.
5. "Firearm retailer" means any person or covered entity that is both of the following:
(a) PHYSICALLY located in this state.
(b) Engaged in the lawful selling or trading of FIREARMS, antique firearms or ammunition.
6. "Government entity" means this state or any political subdivision of this state, including any board, governmental body, agency or instrumentality of this state.
7. "Merchant category code" means a code that is both of the following:
(a) Approved by an INTERNATIONAL organization for STANDARDIZATION or an equivalent successor organization specifically for firearm retailers.
(b) Assigned to a retailer based on the types of good and services the retailer offers to a customer.
8. "Payment card" means a credit card, charge card or debit card or any other card that is issued to a customer and that allows the customer to PURCHASE goods or services from a merchant.
9. "Payment card network" means any covered entity, or agent of the covered entity, that does both of the following:
(a) Provides the proprietary services, infrastructure and software to conduct debit card or credit card transaction authorizations, clearances and settlements.
(b) Accepts as a form of payment a brand of debit card, credit card, or other device that may be used to carry out debit or credit transactions.
10. "Payment card transaction" means any transaction in which a payment card is accepted as payment.
11. "Person" means a natural person.
2. 12. "Private party" means a person who is not a prohibited possessor under state or federal law and does not include a person who possesses a federal firearms license and who primarily engages in the business of selling, trading or purchasing firearms.
3. 13. "Transfer" means when a person gives, loans, offers for sale, wills or in any manner offers another person a firearm for any lawful purpose and the person is not a prohibited possessor under state or federal law.
Sec. 2. Title 44, chapter 36, article 1, Arizona Revised Statutes, is amended by adding section 44-7853, to read:
44-7853. Firearm transactions; merchant category codes; registry; exceptions; attorney general; county attorney; civil penalty; injunction
A. Except for records kept during the regular course of a criminal investigation or prosecution or as otherwise required by law, a government entity may not knowingly keep or cause to be kept any list, record or registry of privately owned firearms or the owners of the firearms.
B. A payment card network may not require or incentivize the use of a merchant category code in a manner that distinguishes a firearm retailer from other retailers.
C. A person and covered entity may not assign a firearm retailer a merchant category code that distinguishes a firearm retailer from other retailers.
D. the attorney general or a county attorney shall investigate a reasonable allegation of a violation of this section. If the attorney general or county attorney finds a violation, the attorney general or county attorney shall provide written notice to the person, covered entity or government entity that violated this section, and the person, covered entity or government entity shall cease the conduct that led to the violation within thirty business days after receiving notice. If a person, covered entity or government entity does not cease the conduct that led to the violation within thirty business days after receiving written notice from the attorney general or county attorney, the attorney general or county attorney shall file an injunction against that person, covered entity or government entity. If the court finds that the person, covered entity or government entity violated this section and has not ceased the activity that constitutes the violation, the court shall grant the injunction and award attorney fees and costs. If a person, covered entity or government entity purposely fails to comply with the court's injunction after thirty days of being properly served, the attorney general or county attorney shall petition the court to seek a civil penalty of not more than $1,000 for each violation. 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 public, when assessing the civil penalty. A court order that imposes a civil penalty pursuant to this subsection shall be stayed pending any appeal of the court's order.
E. The attorney general or county attorney has exclusive authority to enforce this section. The remedies set forth in subsection D of this section are the exclusive remedies for any violation of this section.
F. It is a defense to any proceeding that is initiated pursuant to this section that a merchant category code was required by law.
Sec. 3. Short title
This act may be cited as the "Second Amendment Financial Privacy Act".