H 3930

South Carolina General Assembly
126th Session, 2025-2026
Bill 3930
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Committee Report
April 2, 2025
H. 3930
Introduced by Reps. B. J. Cox, G. M. Smith, T.
Moore, Hiott, B. Newton, Neese, Sessions, Edgerton, Beach, B. L. Cox, Hardee,
Montgomery, M. M. Smith, Holman, Willis, Lawson, Hager, McGinnis, Vaughan,
Burns, Frank, Davis, White, Caskey, Wickensimer, Hartnett, Rankin, Magnuson,
Guffey, Kilmartin, Haddon, Schuessler, Cromer, Gilreath and Long
S. Printed 4/2/25--H.  [SEC
4/30/2025 1:43 PM]
Read the first time February 6, 2025
________
The committee on House Judiciary
To whom was referred a Bill (H. 3930) to amend
the South Carolina Code of Laws by enacting the "Second Amendment Financial
Privacy Act" by adding Article 11 to Chapter 31, Title 23 so as to define
certain, etc., respectfully
Report:
That they have duly and carefully considered
the same, and recommend that the same do pass:
W. NEWTON for Committee.
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "second
amendment financial privacy act" BY ADDING article 11 to chapter 31, title 23 So
as to define certain terms, to provide under certain circumstanceS no
government entity shall knowingly keep a record of privately owned firearms or
their owners, and TO provide penalties for violations.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 31, Title 23 of the S.C. Code is amended by
adding:
Article 11
Second Amendment Financial Privacy Act
    Section
23-31-1110.  This article shall be known and may be cited as "The Second
Amendment Financial Privacy Act."
    Section
23-31-1120.  As contained in this article:
       (1)
"Ammunition" means ammunition or cartridge cases, primers, bullets, or
propellant powder 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 the covered
entity or any other entity facilitating or processing 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 an entity, or agent of an entity, that establishes a
relationship with a retailer for the purpose of processing credit, debit, or
prepaid transactions.
       (4)
"Firearm" means a pistol, revolver, rifle, shotgun, machine gun, submachine
gun, or an assault rifle which is designed to fire or is capable of firing
fixed cartridge ammunition or from which a shot or projectile is discharged by
an explosive and includes a firearm component or accessory.
       (5)
"Firearm retailer" means any person or entity that is physically located in
this State and is engaged in the lawful selling or trading of firearms, antique
firearms, or ammunition to be used in firearms or antique firearms.
       (6)
"Government entity" means the State, a political subdivision of the State, or
any court, agency, or instrumentality of the foregoing.
       (7)
"Merchant category code" means the code, approved by the international
organization for standardization or an equivalent successor organization
specifically for firearm retailers, that is assigned to a retailer based on the
types of goods and services offered to a retailer's customers.
       (8)
"Payment card" means credit card, charge card, debit card, or any other card
that is issued to a customer and allows the customer to purchase goods or
services from a merchant.
       (9)
"Payment card network" means an entity, or agent of an entity, that provides
the proprietary services, infrastructure, and software to conduct debit card or
credit card transaction authorizations, clearances, and settlements and that an
entity uses to accept 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.
    Section
23-31-1130.  (A) Except for those
records kept during the regular course of a criminal investigation and
prosecution, or as otherwise required by law, no government entity or official
and no agent or employee of a government entity shall knowingly keep or cause
to be kept any list, record, or registry of privately owned firearms or the
owners of those firearms.
    (B)
A payment card network shall not require or incentivize the use of a merchant
category code in a manner that distinguishes a firearm retailer from other
retailers.
    (C)
A covered entity shall not assign a firearm retailer a merchant category code
that distinguishes the firearm retailer from other retailers.
    Section
23-31-1140.  (A) The Attorney General
shall investigate reasonable allegations that a person or entity, including a
government entity, has violated the provisions of this article and, upon
finding violation, provide written notice to the person or entity believed to
have committed the violation. The person or entity shall cease the violation
within thirty business days after receiving written notice from the Attorney General
pursuant to this section.
    (B)(1) If a person or entity does not
cease the violation within thirty business days after receiving written notice
from the Attorney General in accordance with this section, the Attorney General
shall file an action against that person or entity to seek an injunction.
       (2)
If the court finds that the person or entity violated the provisions of this article
and has not ceased the activity constituting the violation, the court shall
enjoin the person or entity from continuing such activity and shall award
attorney's fees and costs.
       (3)
If a person or entity purposely fails to comply with an injunction issued
pursuant to this subsection after thirty business days of being served with the
injunction, the Attorney General, upon petition to the court, shall seek to
impose on that person or entity a civil fine in an amount not to exceed one
thousand dollars per violation. In assessing such a civil fine, 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 rights under the
Second Amendment to the United States Constitution and laws of this State.
       (4)
An order assessing a civil fine pursuant to this subsection shall be stayed
pending appeal of the order.
    (C)
The Attorney General has exclusive authority to enforce the provisions of this article.
The remedies set forth in this section are the exclusive remedies for any
violation of this article.
    (D)
It shall be a defense to a proceeding initiated pursuant to this section that a
merchant category code was required to be permitted or assigned by law.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on April 30, 2025 at 01:35 PM