KRS 237.154: Attorney General to enforce and investigate alleged violations -- Duties --

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."

(2) (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

(3) (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.

(4) (a) The Attorney General shall pursue, in a court of com petent 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 inj unction 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 subparagr aph 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 remedie s set forth in this section shall be the exclusive remedies for any

violation of KRS 237.150 or 237.152.