HB1084: Privacy of firearms financial transactions.

Legislative Summary

Privacy of firearms financial transactions. Amends the statute establishing the right of a member of: (1) the general assembly; (2) the professional staff of the general assembly; or (3) the Indiana lobby registration commission; to carry a handgun within the state capitol building and on the property of the state capitol complex by specifying that the right applies to any such member who is not prohibited under state or federal law from possessing a handgun. (Current law provides that the right applies to a member who: (1) possesses a valid Indiana license to carry a handgun; and (2) is otherwise permitted to possess a handgun.) Adds a new chapter to the Indiana Code article governing state officers to provide that any of the following state officers who is not prohibited from possessing a handgun under state or federal law has the right to carry a handgun within the state capitol building and on the property of the state capitol complex: (1) The attorney general. (2) The secretary of state. (3) The state comptroller. (4) The treasurer of state. Prohibits a governmental entity or any other person from knowingly or willfully keeping any list, record, or registry of: (1) privately owned firearms; or (2) the owners of firearms; with respect to Indiana consumers. Defines a "firearms code" as a merchant category code approved by the International Organization for Standardization specifically for firearms retailers. Provides that in a payment card transaction, a merchant acquirer or a payment card network may not: (1) assign; or (2) require the assignment of; a firearms code in a way that distinguishes a firearms retailer with at least one physical location in Indiana from general merchandise retailers or sporting goods retailers. Prohibits a financial services provider from declining or otherwise refusing to process a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code to the payment card transaction. Prohibits a financial services provider from disclosing a financial record that: (1) is related to a payment card transaction; and (2) includes protected financial information, including a firearms code used, collected, or assigned in violation of the bill's provisions. Specifies that the bill's provisions apply only to a payment card transaction that is initiated after September 30, 2024, at a firearms retailer that is physically located in Indiana. Provides that the applicable primary financial regulator with jurisdiction over a financial services provider subject to the bill's provisions is responsible for enforcing the financial services provider's compliance with those provisions. Provides that, with respect to any person that is not a financial services provider subject to regulation by a financial regulator, the attorney general is responsible for enforcing the bill's prohibition against knowingly or willfully keeping any list, record, or registry of: (1) privately owned firearms; or (2) the owners of firearms. Provides that upon receiving notice of an alleged violation of this prohibition, the attorney general shall investigate the alleged violation in accordance with the attorney general's investigative demand procedures, subject to the statutory confidentiality provisions that apply to such procedures.