237.154 Attorney General to enforce and investigate alleged violations -- Duties --
478 words·~2 min read·
/ky/237-154A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Defense -- Exclusive remedies.
(1)As used in this section, the following have the same meaning as in KRS 237.150:
(a)"Firearm"; and
(b)"Firearms retailer."
(a)The Attorney General shall have the sole authority to enforce, and shall
investigate, any alleged violation of KRS 237.150 or 237.152.
(b)The following may petition the Attorney General to investigate an alleged
violation under paragraph
(a)of this subsection:
1. A firearms retailer, or a customer who made a transaction at a firearms
retailer, whose business is the subject of any alleged violation of KRS
237.150; and
2. A person whose firearms ownership is the subject of any alleged
violation of KRS 237.152
(a)1. Upon finding a violation of KRS 237.150 or 237.152, the Attorney
General shall provide written notice of the finding to the violating
person, public or private.
2. Written notice to a commercial entity under subparagraph 1. of this
paragraph shall be made to the entity's registered agent.
(b)Within thirty
(30)days of receiving a written notice under paragraph
(a)of
this subsection, the person shall cease any violation of KRS 237.150 or
237.152.
(a)The Attorney General shall pursue, in a court of competent jurisdiction, an
injunction against any person, public or private, that fails to comply with
subsection (3)(b) of this section.
(b)If the court finds that a person continues to be in violation of KRS 237.150 or
237.152, the court shall issue an injunction enjoining the person from
continuing the violation.
(c)Within thirty
(30)days of being served with an injunction issued under
paragraph
(b)of this subsection, the person shall cease any violation of KRS
237.150 or 237.152.
(d)1. If a person knowingly and willfully fails to comply with paragraph
(c)of
this subsection, the Attorney General shall petition the court to recover
on behalf of the state:
a. A civil penalty not to exceed ten thousand dollars ($10,000) per
violation of paragraph
(c)of this subsection; and
b. The reasonable costs of investigation and litigation.
2. In assessing a civil penalty under subparagraph 1.a. of this paragraph,
the court shall consider, but not be limited to the following factors:
a. The financial resources of the violator; and
b. The harm or risk of harm to rights to keep and bear arms under:
i. The Second Amendment of the United States Constitution;
and
ii. Section 1 of the Constitution of Kentucky.
3. Any order assessing one
(1)or more penalties under subparagraph 1. of
this paragraph shall be stayed pending appeal of the order.
(5)It shall be a defense to any alleged violation of KRS 237.150 or 237.152 that the
person made a good-faith determination that the person's action was required by
law.
(6)The remedies set forth in this section shall be the exclusive remedies for any
violation of KRS 237.150 or 237.152.