South Carolina H 3930: Second Amendment Privacy Act

Bill Text

2025-2026 Bill 3930 Text of Previous Version (Apr. 30, 2025) - South Carolina Legislature Online 

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