Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 16 By: Bergstrom
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7 AS INTRODUCED
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8 An Act relating to financial institutions; creating
8 the Oklahoma Second Amendment Financial Privacy Act;
9 providing short title; defining terms; prohibiting
9 collection of certain financial records; providing an
10 exception; prohibiting use of certain code to engage
10 in discriminatory conduct; authorizing the Attorney
11 General to perform certain investigations and provide
11 notice for violation; providing for violation;
12 prescribing certain remedy for repeated violation;
12 authorizing Attorney General to enforce provisions of
13 this act; allowing certain defense; providing for
13 codification; and providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 6-600 of Title 14A, unless there
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20 is created a duplication in numbering, reads as follows:
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21 This act shall be known and may be cited as the "Oklahoma Second
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22 Amendment Financial Privacy Act".
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1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 6-600.1 of Title 14A, unless
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3 there is created a duplication in numbering, reads as follows:
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4 As used in this act:
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5 1. "Ammunition" means ammunition or cartridge cases, primers,
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6 bullets, or propellant powder designed for use in any firearm;
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7 2. "Assign" or "assignment" refers to a covered entity's
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8 policy, process, or practice that labels, links, or otherwise
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9 associates a merchant category code with a merchant or a payment
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10 card transaction in a manner that allows the covered entity or any
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11 other entity facilitating or processing the payment card transaction
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12 to identity whether a merchant is a firearm retailer or whether a
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13 transaction involves the sale of firearms or ammunition;
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14 3. "Covered entity" means an entity, or agent of an entity,
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15 that establishes a relationship with a retailer for the purpose of
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16 processing credit, debit, or prepaid transactions;
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17 4. "Firearm" has the same meaning as in Section 1289.1 et seq.
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18 of Title 21 of the Oklahoma Statutes;
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19 5. "Firearm retailer" means any person or entity that is
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20 physically located in this state and is engaged in the lawful
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21 selling or trading of firearms, antique firearms, or ammunition to
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22 be used in firearms or antique firearms;
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23 6. "Government entity" means any state agency or political
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24 subdivision, or agency thereof, located in this state;
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1 7. "Merchant category code" means the code, approved by the
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2 international organization for standardization, or an equivalent
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3 successor organization specifically for firearm retailers, that is
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4 assigned to a retailer based on the types of goods and services
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5 offered to a retailer's customers;
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6 8. "Payment card" means credit card, charge card, debit card,
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7 or any other card that is issued to a customer and allows the
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8 customer to purchase goods or services from a merchant;
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9 9. "Payment card network" means an entity, or agent of the
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10 entity, that provides the proprietary services, infrastructure, and
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11 software to conduct credit or debit card transaction authorizations,
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12 clearances, and settlements and that another entity uses to accept
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13 as a form of payment a brand of credit card, debit card, or other
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14 devices that may be used to carry out credit or debit transactions;
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15 and
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16 10. "Payment card transaction" means any transaction in which a
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17 payment card is accepted as payment.
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18 SECTION 3. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 6-600.2 of Title 14A, unless
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20 there is created a duplication in numbering, reads as follows:
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21 A. Except for those records kept during the regular course of a
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22 criminal investigation and prosecution, or as otherwise required by
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23 law, no government entity or official and no agent or employee of a
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24 government entity shall knowingly keep or cause to be kept any list,
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1 record, or registry of privately owned firearms or the owners of
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2 those firearms.
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3 B. A payment card network shall not require or incentivize the
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4 use of a merchant category code in a manner that distinguishes a
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5 firearm retailer from other retailers.
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6 C. A covered entity shall not assign a firearm retailer a
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7 merchant category code that distinguishes the firearm retailer from
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8 other retailers.
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9 SECTION 4. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 6-600.3 of Title 14A, unless
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11 there is created a duplication in numbering, reads as follows:
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12 A. The Attorney General shall investigate reasonable
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13 allegations that a person, entity, or government entity has violated
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14 the provisions of this act and, upon finding violation, provide
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15 written notice to the person, entity, or government entity alleged
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16 to have committed the violation. The person, entity, or government
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17 entity shall cease the violation within thirty (30) business days
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18 after receiving written notice from the Attorney General pursuant to
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19 this section.
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20 B. 1. If a person, entity, or government entity does not cease
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21 the violation within the thirty (30) business days after receiving
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22 written notice from the Attorney General pursuant to this section,
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23 the Attorney General shall file an action against that person,
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24 entity, or government entity.
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1 2. If the court finds the person, entity, or government entity
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2 violated the provisions of this act and has not ceased the activity
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3 constituting the violation, the court shall enjoin the person,
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4 entity, or government entity from continuing such activity and shall
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5 award attorney fees and costs.
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6 3. If a person, entity, or government entity purposely fails to
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7 comply with an injunction issued pursuant to paragraph 2 of this
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8 subsection after thirty (30) business days of being served with the
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9 injunction, the Attorney General, upon petition to the court, shall
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10 seek to impose on that person, entity, or government entity a civil
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11 fine in an amount not to exceed One Thousand Dollars ($1,000.00) per
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12 violation. In assessing such a civil fine, the court shall consider
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13 factors resulting from the violation, including the financial
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14 resources of the violator and the harm or risk of harm to the rights
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15 provided under this act and Section 26 of Article II of the Oklahoma
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16 Constitution.
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17 4. Any order assessing a civil fine pursuant to paragraph 3 of
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18 this subsection shall be stayed pending appeal of the order.
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19 C. The Attorney General has exclusive authority to enforce the
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20 provisions of this act. The remedies set forth in this section are
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21 the exclusive remedies of any violation of this act.
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22 D. It shall be a defense to a proceeding initiated pursuant to
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23 this section that a merchant category code was required to be
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24 permitted or assigned by law.
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1 SECTION 5. This act shall become effective November 1, 2025.
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Req. No. 19 Page 6Every fact on this page links to its source, starting with the official bill record.