DATE CREATED: October 5, 2023
LAST ACTION DATE: 01/18/2024
LAST AMENDMENT DATE: 10/05/2023
PROGRESS: In Committee
BILL ID: AB468
CATEGORIES: Business and Industry
REGION: WI
This bill prohibits a financial institution, as part of a payment card transaction, from requiring the use of a merchant category code that identifies the merchant as a firearms retailer. The bill also provides that the Department of Justice may not maintain a list of firearm purchasers based on information from background checks that DOJ performs and that no governmental entity may maintain a list of firearm owners. The bill requires the attorney general to enforce the prohibitions created in this bill. Firearms codes in payment card transactions The bill prohibits a financial institution or its agent from requiring the use of a firearms code in a way that distinguishes a firearms retailer from general merchandise retailers or sporting goods retailers. The bill defines a “financial institution" as an entity involved in facilitating or processing a payment card transaction, including a bank, acquirer, payment card network, or payment card issuer. The bill defines “firearms code" as the merchant category code 5723, approved in September 2022 by the International Organization for Standardization, for firearms retailers. In addition, with limited exceptions, a financial institution may not discriminate against a firearms retailer by declining a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code. Prohibitions on government lists of firearm owners Current law provides that a federally licensed firearms dealer may not transfer a handgun after a sale until the dealer has requested DOJ to perform a background check on the prospective transferee to determine if he or she is prohibited from possessing a firearm under state or federal law. Unless the background check indicates that the prospective transferee is prohibited from possessing a firearm, current law requires DOJ to deny access to records regarding background checks and to destroy all such records within 30 days after the background check is complete. This bill further requires DOJ to ensure that such records are not stored, maintained, or formatted into a list that identifies persons who have purchased a firearm. The bill also prohibits governmental entities from intentionally creating, storing, or maintaining a list of individuals who own firearms. The bill provides an exception for criminal investigations or prosecutions or for determining compliance with court orders or injunctions.
SESSION: 2023-2024 Regular Session
VERSIONS: 1
LAST ACTION: Laid on the table
ACTIONS: 13
SPONSORS: Ty Bodden (R)* , Elijah Behnke (R)* , Dave Armstrong (R)* , Amy Binsfeld (R)* , Janel Brandtjen (R)* , Calvin Callahan (R)* , Barbara Dittrich (R)* , James Edming (R)* , Joy Goeben (R)* , Chanz Green (R)* , Gus Gustafson (R)* , Gae Magnafici (R)* , Dave Murphy (R)* , Jerry O'Connor (R)* , Nik Rettinger (R)* , Donna Rozar (R)* , Peter Schmidt (R)* , Ellen Schutt (R)* , Chuck Wichgers (R)* , Rob Stafsholt (R) , Howard Marklein (R) , Steve Nass (R) , Duey Stroebel (R) , Cory Tomczyk (R) , Van Wanggaard (R)
KEYWORDS: Special Purpose District, Sporting Goods Retailers, Payment Card Issuer, Payment Card Network, General Merchandise Retailers, Corporate Card Controls, Firearm Purchasers Based, Local Police Officers, Prohibits Governmental Entities, Prohibiting Government Lists
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