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Kentucky Revised Statutes Title XIX. Public Safety and Morals § 237.154.Attorney General to enforce and investigate alleged violations; duties; defense; exclusive remedies

Current as of January 01, 2025 | Updated by Findlaw Staff

(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 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.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title XIX. Public Safety and Morals § 237.154.Attorney General to enforce and investigate alleged violations; duties; defense; exclusive remedies - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xix-public-safety-and-morals/ky-rev-st-sect-237-154/

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