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HB 1629

Concerning transfers of firearms to museums and historical societies.

2023-2024 Regular Session Introduced by Ed Orcutt and 2 co-sponsors

Missouri HB 1629 bars financial institutions from using MCC 5723 to discriminate against firearms retailers or customers; bans disclosure and lets AG/private action with penalties.

By resolution, reintroduced and retained in present status.
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Bill Summary · HB 1629

Summary — HB 1629

Title: Creates provisions relating to tracking of firearms purchases by financial institutions (adds RSMo section 407.439)

Note: The text provided adds a new section (407.439) to the Missouri Revised Statutes. The document’s legislative-history entries indicate the bill was advanced through the legislature and signed by the governor (signature and “effective immediately” entries appear in the record); the bill text below describes the substance of that added section.

Purpose

To restrict how financial institutions may treat, categorize, disclose, or otherwise act on payment card transaction data relating to firearms retailers or firearms-related transactions, and to provide enforcement mechanisms (chiefly via the state attorney general and private petitioners) against discriminatory or disclosure practices that target lawful firearms commerce.

Key definitions (selected)

  • Customer: a person using or holding an account, extension of credit, or other product of a financial institution.
  • Financial institution: state/federal banks, credit unions, broker‑dealers, mutual funds, insurers, and similar entities doing business in Missouri.
  • Financial record: a record held by a financial institution related to a payment card transaction it processed or facilitated.
  • Firearms code: Merchant Category Code (MCC) 5723 (standard code for firearms retailers).
  • Firearms retailer: any business lawfully selling/trading firearms or ammunition.

Principal provisions

  • Financial institutions may not require use of the firearms MCC (5723) in a manner that distinguishes Missouri firearms retailers from general merchandise or sporting goods retailers.
  • Prohibits discrimination against firearms retailers or customers based solely on assignment or non‑assignment of a firearms code, including:
    • Declining lawful payment card transactions;
    • Refusing or limiting to do business with a customer or merchant;
    • Charging higher transaction/interchange fees; or
    • Any action intended to suppress lawful firearms commerce when based solely or partly on involvement in firearms business.
  • Prohibits disclosure of a financial record (including firearms code) that was collected in violation of the section, except as otherwise required by law.
  • Not a defense in civil enforcement that information was disclosed to a federal entity unless the disclosure was made based on a good‑faith conclusion that federal law/regulation required it.

Enforcement and remedies

  • The attorney general investigates alleged violations, issues written notice, and the violator must cease within 30 days.
  • A firearms retailer or customer may petition the attorney general to investigate. If the AG does not commence action within 90 days of a petition, the petitioner may file suit seeking an injunction.
  • Courts may enjoin ongoing violations. Knowingly and willfully failing to comply with an injunction within 30 days can trigger civil penalties up to $10,000 per post‑injunction violation (courts consider violator’s finances and harm to Second Amendment rights). Penalty orders are stayed pending appeal.
  • Prevailing petitioners or the AG may recover reasonable expenses, including court costs and attorney fees.

Who is affected

  • Financial institutions and their agents (banks, credit unions, payment processors) operating in Missouri.
  • Missouri firearms retailers and their customers.
  • The Missouri Attorney General (enforcement role).

Potential impacts / implementation notes

  • Limits certain merchant‑monitoring, risk‑management, or de‑risking measures targeting firearms merchants or related transactions based solely on merchant category coding.
  • Could create compliance questions where federal anti‑money‑laundering, national security, or other federal reporting obligations intersect with the state prohibition; the statute expressly contemplates disclosure defenses only when based on a good‑faith legal obligation.
  • Enforcement mechanism allows both state action and private suits by affected retailers or customers.

Timeline / status (from provided record)

  • Introduced / filed December 16, 2024 (prefiled status noted).
  • Legislative-history entries in the document indicate passage and signature with a governor’s signature and an “effective immediately” entry (Governor’s signature entry dated June 20, 2025 in the record supplied).

Compiled from official sources — confirm details with the bill’s official record.

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