Bill Text: IA HF2464 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to merchant category codes for transactions involving firearms and ammunition, firearm registries and records, and providing civil penalties. (Formerly HSB 671.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-04-19 - Signed by Governor. H.J. 927. [HF2464 Detail]
Download: Iowa-2023-HF2464-Enrolled.html
House
File
2464
-
Enrolled
House
File
2464
AN
ACT
RELATING
TO
MERCHANT
CATEGORY
CODES
FOR
TRANSACTIONS
INVOLVING
FIREARMS
AND
AMMUNITION,
FIREARM
REGISTRIES
AND
RECORDS,
AND
PROVIDING
CIVIL
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
554H.1
Definitions.
1.
“Ammunition”
means
the
same
as
defined
in
18
U.S.C.
§921.
2.
“Covered
entity”
means
an
entity,
or
agent
of
an
entity,
that
establishes
a
relationship
with
a
retailer
for
the
purpose
of
processing
credit,
debit,
or
prepaid
transactions.
3.
“Firearm”
means
the
same
as
defined
in
18
U.S.C.
§921,
and
includes
a
shotgun,
rifle,
and
antique
firearm,
as
those
terms
are
defined
in
18
U.S.C.
§921.
4.
“Firearms
retailer”
means
an
individual
or
entity
that
is
all
of
the
following:
a.
Physically
located
in
the
state.
b.
Engaged
in
the
lawful
business
of
selling
or
trading
firearms
or
ammunition.
5.
“Merchant
category
code”
means
the
code,
approved
by
the
international
organization
for
standardization
specifically
for
firearms
retailers,
that
is
assigned
to
a
retailer
based
on
the
types
of
goods
and
services
offered
to
a
retailer’s
customers.
6.
a.
“Payment
card
network”
means
an
entity
that,
directly
or
through
a
member,
processor,
or
agent,
provides
proprietary
services,
infrastructure,
software,
or
hardware
that
is
used
to
authorize,
clear,
and
settle
credit,
debit,
or
prepaid
House
File
2464,
p.
2
transactions.
b.
“Payment
card
network”
does
not
include
an
issuing
financial
institution
that
settles
a
credit,
debit,
or
prepaid
transaction
with
a
retailer
on
behalf
of
a
consumer.
Sec.
2.
NEW
SECTION
.
554H.2
Merchant
category
codes.
1.
A
payment
card
network
shall
not
require,
incentivize,
or
permit
the
use
of
a
merchant
category
code
in
a
manner
that
distinguishes
a
firearms
retailer
from
other
retailers.
2.
A
covered
entity,
or
a
covered
entity’s
agent,
shall
not
assign
a
firearms
retailer
a
merchant
category
code
that
distinguishes
the
firearms
retailer
from
other
retailers.
Sec.
3.
NEW
SECTION
.
554H.3
Firearm
registry
or
record.
1.
Except
for
records
kept
during
the
regular
course
of
a
criminal
investigation
or
criminal
prosecution,
or
as
otherwise
required
by
law,
a
person,
unit
of
government,
or
governmental
organization
shall
not
knowingly
and
willfully
keep
or
cause
to
be
kept
a
record
or
registry
of
privately
owned
firearms
or
of
the
owners
of
privately
owned
firearms.
2.
This
section
shall
not
be
construed
to
prohibit
an
owner
or
an
owner’s
representative
from
maintaining
a
list
of
the
owner’s
privately
owned
firearms,
or
to
prohibit
a
law
enforcement
agency
from
maintaining
a
list,
registry,
or
record
of
firearms
that
have
been
stolen
or
reported
stolen.
Sec.
4.
NEW
SECTION
.
554H.4
Enforcement
——
penalties.
1.
The
attorney
general
shall
investigate
reasonable
alleged
violations
of
this
chapter.
As
part
of
the
investigation,
and
in
accordance
with
the
Iowa
rules
of
civil
procedure,
the
attorney
general
may
issue
a
subpoena
for
the
production
of
records.
If
a
person,
unit
of
government,
or
governmental
organization
refuses
to
comply,
the
attorney
general
may
seek
enforcement
by
the
district
court.
2.
Any
of
the
following
may
petition
the
attorney
general
to
investigate
an
alleged
violation
of
this
chapter:
a.
A
firearms
retailer,
or
a
customer
who
made
a
transaction
at
a
firearms
retailer
whose
business
is
the
subject
of
any
alleged
violation
of
section
554H.2.
b.
An
individual
whose
firearms
ownership
is
the
subject
of
any
alleged
violation
of
section
554H.3.
3.
Upon
finding
that
a
person
is
in
violation
of
this
House
File
2464,
p.
3
chapter,
the
attorney
general
shall
provide
written
notice
to
the
person,
or
to
the
registered
agent
of
the
person,
determined
to
have
committed
the
violation.
4.
Upon
receipt
of
notice
under
subsection
2,
the
person
shall
have
sixty
calendar
days
to
cease
the
violation.
5.
If
the
violation
persists
after
the
expiration
of
the
sixty-day
period
under
subsection
3,
the
attorney
general
shall
bring
civil
action
in
district
court
to
enjoin
further
violations
by
a
person
found
to
be
in
violation
of
this
chapter.
6.
If
a
person
knowingly
or
willfully
fails
to
comply
with
an
injunction
issued
under
subsection
4,
after
sixty
calendar
days
of
the
date
the
person
is
served
with
the
injunction,
the
attorney
general
shall
petition
the
district
court
to
impose
civil
penalties
in
an
amount
not
to
exceed
one
thousand
dollars
per
violation
of
the
injunction,
taking
into
consideration
the
financial
resources
of
the
violator
and
the
harm
or
risk
of
harm
to
the
violator’s
rights
under
the
second
amendment
to
the
Constitution
of
the
United
States
and
Article
I,
section
1A,
of
the
Constitution
of
the
State
of
Iowa.
7.
It
shall
be
a
defense
to
a
proceeding
initiated
pursuant
to
this
section
that
the
person
made
a
good-faith
determination
that
the
person’s
action
was
required
by
law.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2464,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
