§ 37-35A-1 — Definitions.

South Dakota § 37-35A-1

• Jurisdiction: South Dakota
• Title 37: TRADE REGULATION
• Ch. 37-35: FIREARMS, ACCESSORIES, AND AMMUNITION

Text

Terms used in this chapter mean: (1) "Ammunition," firearm ammunition and cartridge casings, primers, bullets, and propellant powder, designed for use in a firearm; (2) "Assignment," a financial institution's policy, process, or practice, which labels, links, or otherwise associates a firearms code with a merchant or payment card transaction, in a manner that allows the financial institution or any other entity facilitating or processing the payment card transaction to identify whether: (a) A merchant is a firearms dealer; or (b) A transaction involves the sale of firearms or ammunition; (3) "Customer," any person engaged in a payment card transaction that a financial institution facilitates or processes and any person, or the person's duly authorized representative, who has transacted business with or has used the services of a financial institution, or for whom a financial institution has acted as a fiduciary in relation to an account maintained in the person's name; (4) "Disclosure," the transfer, publication, or distribution of protected financial information to another person, for any purpose other than to process or facilitate a payment card transaction; (5) "Financial institution," a bank, savings and loan association, trust company, or credit union chartered pursuant to any state or federal law; a regulated consumer lender, a money service business, payment card issuer, or other institution that is by law under the jurisdiction of the Division of Banking; and an entity involved in facilitating or processing a payment card transaction, including a bank, acquirer, gateway, payment card network, or payment card issuer; (6) "Financial record," any: (a) Original or copy of a record or document held by a financial institution, which pertains to a customer of the financial institution, including any record of a transaction conducted by means of a customer bank communication terminal or other electronic device; (b) A record held by a financial institution, which relates to a payment card transaction that the financial institution has processed or facilitated; and (c) Information derived from any record or document referenced in this subdivision; (7) "Firearm," a weapon that is capable of expelling, is designed to expel, or may readily be converted to expel a projectile by action of an explosive; (8) "Firearm accessory or component," any: (a) Device that is specifically adapted to enable the carrying, storage, or wearing of a firearm; (b) Device that is specifically adapted to enable the mounting of a firearm in or on any conveyance; (c) Device that is specifically adapted to be inserted into or affixed to a firearm to alter, enable, or improve the capabilities or the functioning of the firearm; (d) Ammunition carrier, aftermarket grip or stock, brace, flash suppressor, folding stock, laser sight, light for target illumination, magazine, sound suppressor, speed loader, telescopic sight, or any other item used in conjunction with or mounted upon a firearm; and (e) Equipment, machinery, material, tool, or other component used in making, manufacturing, or reloading ammunition; (9) "Firearms code," an indicator or code that: (a) A financial institution assigns to a merchant or to a payment card transaction and which identifies whether a merchant is a firearms dealer or whether the payment card transaction involves the purchase of a firearm, firearm accessories or components, or ammunition; and (b) Includes a merchant category code assigned to a retailer by a payment card network or other financial institution; (10) "Firearms dealer," any: (a) Retailer or merchant of firearm accessories or components; (b) Any person engaged in the lawful business of selling or trading firearms or antique firearms, as those terms are defined in 18 U.S.C. § 921 (January 1, 2025); or (c) Any person engaged in the lawful business of selling ammunition for use in firearms or antique firearms; (11) "Governmental entity," this state, any political subdivision of this state, and any agency or instrumentality of this state or a political subdivision of this state; (12) "Merchant," an individual or entity accepting a payment card from a customer for the purchase of a good or service, including a firearms dealer that accepts payment cards for the lawful purchase of firearms, firearm accessories or components, or ammunition; (13) "Payment card," a charge card, credit card, debit card, or any other card that is issued to an authorized user and allows the user to purchase goods or services from a merchant; and (14) "Protected financial information," any record of a sale, purchase, return, or refund, involving a payment card that is retrieved, characterized, generated, labeled, sorted, or grouped based on the assignment of a firearms code, provided a customer's protected financial information refers to protected financial information appearing in the financial records of a customer.

Legislative History

SL 2025, ch 165, § 1.