Senate Amendment to House File 2464 H-8315 Amend House File 2464, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. NEW SECTION . 554H.1 Definitions. 5 1. “Ammunition” means the same as defined in 18 U.S.C. §921. 6 2. “Covered entity” means an entity, or agent of an entity, 7 that establishes a relationship with a retailer for the purpose 8 of processing credit, debit, or prepaid transactions. 9 3. “Firearm” means the same as defined in 18 U.S.C. §921, 10 and includes a shotgun, rifle, and antique firearm, as those 11 terms are defined in 18 U.S.C. §921. 12 4. “Firearms retailer” means an individual or entity that 13 is all of the following: 14 a. Physically located in the state. 15 b. Engaged in the lawful business of selling or trading 16 firearms or ammunition. 17 5. “Merchant category code” means the code, approved by the 18 international organization for standardization specifically for 19 firearms retailers, that is assigned to a retailer based on the 20 types of goods and services offered to a retailer’s customers. 21 6. a. “Payment card network” means an entity that, directly 22 or through a member, processor, or agent, provides proprietary 23 services, infrastructure, software, or hardware that is used 24 to authorize, clear, and settle credit, debit, or prepaid 25 transactions. 26 b. “Payment card network” does not include an issuing 27 financial institution that settles a credit, debit, or prepaid 28 transaction with a retailer on behalf of a consumer. 29 Sec. 2. NEW SECTION . 554H.2 Merchant category codes. 30 1. A payment card network shall not require, incentivize, 31 or permit the use of a merchant category code in a manner that 32 distinguishes a firearms retailer from other retailers. 33 2. A covered entity, or a covered entity’s agent, shall 34 not assign a firearms retailer a merchant category code that 35 -1- HF 2464.4187.S (1) 90 mb 1/ 3 #1.

distinguishes the firearms retailer from other retailers. 1 Sec. 3. NEW SECTION . 554H.3 Firearm registry or record. 2 1. Except for records kept during the regular course of a 3 criminal investigation or criminal prosecution, or as otherwise 4 required by law, a person, unit of government, or governmental 5 organization shall not knowingly and willfully keep or cause to 6 be kept a record or registry of privately owned firearms or of 7 the owners of privately owned firearms. 8 2. This section shall not be construed to prohibit an 9 owner or an owner’s representative from maintaining a list of 10 the owner’s privately owned firearms, or to prohibit a law 11 enforcement agency from maintaining a list, registry, or record 12 of firearms that have been stolen or reported stolen. 13 Sec. 4. NEW SECTION . 554H.4 Enforcement —— penalties. 14 1. The attorney general shall investigate reasonable 15 alleged violations of this chapter. As part of the 16 investigation, and in accordance with the Iowa rules of civil 17 procedure, the attorney general may issue a subpoena for the 18 production of records. If a person, unit of government, or 19 governmental organization refuses to comply, the attorney 20 general may seek enforcement by the district court. 21 2. Any of the following may petition the attorney general to 22 investigate an alleged violation of this chapter: 23 a. A firearms retailer, or a customer who made a transaction 24 at a firearms retailer whose business is the subject of any 25 alleged violation of section 554H.2. 26 b. An individual whose firearms ownership is the subject of 27 any alleged violation of section 554H.3. 28 3. Upon finding that a person is in violation of this 29 chapter, the attorney general shall provide written notice 30 to the person, or to the registered agent of the person, 31 determined to have committed the violation. 32 4. Upon receipt of notice under subsection 2, the person 33 shall have sixty calendar days to cease the violation. 34 5. If the violation persists after the expiration of the 35 -2- HF 2464.4187.S (1) 90 mb 2/ 3

sixty-day period under subsection 3, the attorney general 1 shall bring civil action in district court to enjoin further 2 violations by a person found to be in violation of this 3 chapter. 4 6. If a person knowingly or willfully fails to comply with 5 an injunction issued under subsection 4, after sixty calendar 6 days of the date the person is served with the injunction, the 7 attorney general shall petition the district court to impose 8 civil penalties in an amount not to exceed one thousand dollars 9 per violation of the injunction, taking into consideration the 10 financial resources of the violator and the harm or risk of 11 harm to the violator’s rights under the second amendment to the 12 Constitution of the United States and Article I, section 1A, of 13 the Constitution of the State of Iowa. 14 7. It shall be a defense to a proceeding initiated pursuant 15 to this section that the person made a good-faith determination 16 that the person’s action was required by law. > 17 2. Title page, by striking lines 1 through 3 and inserting 18 < An Act relating to merchant category codes for transactions 19 involving firearms and ammunition, firearm registries and 20 records, and providing civil penalties. > 21 -3- HF 2464.4187.S (1) 90 mb 3/ 3