Idaho H 272: SECOND AMENDMENT FINANCIAL PRIVACY ACT – Amends existing law to revise provisions regarding the Second Amendment Financial Privacy Act.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature First Regular Session - 2025
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 272
BY STATE AFFAIRS COMMITTEE
AN ACT1
RELATING TO THE SECOND AMENDMENT FINANCIAL PRIVACY ACT; AMENDING SECTION2
18-3326A, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE SECOND AMEND-3
MENT FINANCIAL PRIVACY ACT; AND DECLARING AN EMERGENCY AND PROVIDING AN4
EFFECTIVE DATE.5
Be It Enacted by the Legislature of the State of Idaho:6
SECTION 1. That Section 18-3326A, Idaho Code, be, and the same is hereby7
amended to read as follows:8
18-3326A. SECOND AMENDMENT FINANCIAL PRIVACY ACT. (1) For purposes of9
this section:10
(a) "Ammunition" means ammunition or cartridge cases, primers, bul-11
lets, or propellant powder designed for use in any firearm;12
(b) "Assign" or "assignment" means a financial institution's or pay-13
ment network's policy, process, or practice that labels, links, or14
otherwise associates a firearms code with a merchant or payment card15
transaction in a manner that allows the financial institution or pay-16
ment network or any other entity facilitating or processing the payment17
card transaction to identify whether a merchant is a firearms retailer18
or whether a transaction involves the sale of firearms or ammunition;19
(c) "Customer" means any person engaged in a payment card transaction20
that a financial institution facilitates or processes and any person or21
the person's duly authorized representative who has transacted busi-22
ness with or has used the services of a financial institution or for whom23
a financial institution has acted as a fiduciary in relation to an ac-24
count maintained in such person's name;25
(d) "Disclosure" means the transfer, publication, or distribution of26
protected financial information to another person for any purpose other27
than to process or facilitate a payment card transaction;28
(e) "Financial institution" means:29
(i) A bank, savings and loan association, trust company, or30
credit union chartered pursuant to any state or federal law, a31
regulated consumer lender, a money service business, payment card32
issuer, or other institutions that are by law under the jurisdic-33
tion and supervision of the department of finance or the federal34
deposit insurance corporation; and35
(ii) An entity involved in facilitating or processing a payment36
card transaction, including but not limited to a bank, acquirer,37
gateway, payment card network, or payment card issuer;38
(f) "Financial record" means:39
(i) The original or a copy of any record or document held by a pay-40
ment network pertaining to a customer of a financial institution41
utilizing the payment network, including any record of a transac-42

2
tion conducted by means of a customer bank communication terminal1
or other electronic device;2
(ii) A financial record held by a payment network related to a3
payment card transaction that the financial institution has pro-4
cessed or facilitated; and5
(iii) Any information derived from such records or documents;6
(g) "Firearm" means any weapon that will, is designed to, or may readily7
be converted to expel a projectile by the action of an explosive;8
(h) "Firearm accessory or component" means:9
(i) Any device specifically adapted to enable the wearing or car-10
rying about one's person or the storage or mounting in or on any11
conveyance of a firearm and any attachment or device specifically12
adapted to be inserted into or affixed onto any firearm to enable,13
alter, or improve the functioning or capabilities of the firearm;14
(ii) Any item that is used in conjunction with or mounted upon a15
firearm, including but not limited to telescopic or laser sights,16
magazines, flash or sound suppressors, folding or aftermarket17
stocks and grips, speedloaders, braces, ammunition carriers, and18
lights for target illumination; and19
(iii) Any component for making ammunition, reloading materials20
and equipment, machinery, and tools for manufacturing ammunition;21
(i) "Firearms code" means any code or other indicator a payment network22
assigns to a merchant or to a payment card transaction that identifies23
whether a merchant is a firearms retailer or whether the payment card24
transaction involves the purchase of a firearm, firearm accessories or25
components, or ammunition. The term includes but is not limited to a26
merchant category code assigned to a retailer by a payment card network27
or other financial institution;28
(j) "Firearms dealer" means any person engaged in the lawful business29
of selling or trading firearms or antique firearms, as those terms are30
defined in 18 U.S.C. 921, or ammunition to be used in firearms or antique31
firearms;32
(k) "Government entity" means any state or local government agency or33
instrumentality thereof located in Idaho;34
(l) "Merchant" means a person or entity that accepts payment cards from35
customers for the purchase of goods or services. The term includes a36
firearms retailer