Current through Acts 2023-2024, ch. 1069
Section 45-2-2204 - Attorney general and reporter - violation investigation - Penalties - Defenses - Procedure to petition for investigation(a) The attorney general and reporter shall investigate allegations that an individual or entity, including a government entity, has violated § 45-2-2203 and, upon finding a violation, provide written notice to the individual or entity believed to have committed the violation. The individual or entity shall cease the violation within thirty (30) days after receiving such notice.(b)(1) If an individual or entity does not cease the violation within thirty (30) days after receiving notice pursuant to subsection (a), then the attorney general and reporter shall file an action against that individual or entity to seek an injunction in a court of competent jurisdiction.(2) If the court finds that the individual or entity violated § 45-2-2203 and has not ceased the activity constituting the violation, the court shall enjoin the individual or entity from continuing such activity and may award any other relief that the court deems appropriate.(3) If an individual or entity knowingly fails to comply with an injunction issued under subdivision (b)(2) after thirty (30) days of being served with the injunction, the attorney general and reporter, upon petition to the court, shall seek to impose on that individual or entity a civil fine in an amount not to exceed ten thousand dollars ($10,000) for each violation committed after the expiration of the thirty-day period. In assessing such fine, the court shall consider as factors the financial resources of the violator, the harm or risk of harm to the rights under the Second Amendment to the United States Constitution and the Constitution of Tennessee, Article I, § 26, resulting from the violation.(4) An order assessing a civil fine under subdivision (b)(3) must be stayed pending appeal of the order.(c) The remedies set forth in this section are the exclusive remedies for a violation of § 45-2-2203.(d) It is a defense to a proceeding initiated pursuant to this section that a firearms code was required to be disclosed or assigned by law.(e) A firearms retailer physically located in this state whose business was the subject of a violation of this part, or a customer who has transacted business at such firearms retailer, may petition the attorney general and reporter to investigate an alleged violation of this part. If the attorney general and reporter declines to investigate, then the firearms retailer or customer may pursue an injunction in the chancery court of the judicial district where the alleged violation occurred. If the chancery court finds that an individual or entity is responsible for a violation of this part, then the court shall enjoin the aforementioned individual or entity from continuing the conduct found to be in violation of this part.Added by 2024 Tenn. Acts, ch. 773,s 1, eff. 7/1/2024.