Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 9 - WEAPONS (§§ 45-9-1 — 45-9-209) › SECOND AMENDMENT FINANCIAL PRIVACY ACT (§§ 45-9-201 — 45-9-209) › Section 45-9-209 - Violations; investigation; penalties; defense

(1)
The Attorney General may investigate alleged violations of Sections
45-9-201
through
45-9-209
and, upon finding a violation, shall provide written notice to any individual or entity, public or private, believed to be in violation of Sections
45-9-201
through
45-9-209
. Written notice to any commercial entity shall be made to the entity's registered agent pursuant to Section
79-35-13
. Upon receipt of such written notice from the Attorney General, the entity shall have thirty (30) calendar days to cease any violation of Sections
45-9-201
through
45-9-209
.
(2)
Either a firearms retailer physically located in Mississippi whose business was the subject of an alleged violation of Sections
45-9-201
through
45-9-209
or a customer who transacted at a firearms retailer physically located in Mississippi whose business was the subject of an alleged violation of Sections
45-9-201
through
45-9-209
, may petition the Attorney General to investigate the alleged violation in accordance with subsection (1) of this section.
(3)
(a)
If an individual or entity is found to be in violation of Sections
45-9-201
through
45-9-209
and fails to cease the violating activity after the expiration of thirty (30) calendar days from the receipt of written notice by the Attorney General's office, the Attorney General may pursue an injunction against any individual or entity, public or private, alleged to be in violation of Sections
45-9-201
through
45-9-209
. The Attorney General may pursue an injunction pursuant to this subsection in chancery court in the judicial district where the alleged violation occurred against the individual or entity in alleged violation of Sections
45-9-201
through
45-9-209
.
(b)
If a court finds that an individual or entity continues to be in violation of Sections
45-9-201
through
45-9-209
after thirty (30) calendar days from receiving written notice from the Attorney General in accordance with subsection (1) of this section, then the court shall enjoin the individual or entity from continuing the activity found to be in violation of Sections
45-9-201
through
45-9-209
.
(c)
If an individual or entity knowingly and willfully fails to comply with an injunction as provided in paragraph (b) of this subsection within thirty (30) days after being served with the injunction, then the Attorney General, upon petition to the court, may recover on behalf of the state a civil penalty in a sum not to exceed Ten Thousand Dollars ($10,000.00) per violation of an injunction issued pursuant to paragraph (b) of this subsection, committed after the expiration of the period of thirty (30) days after the entity was served with the injunction. In assessing such a penalty, the court shall consider factors, including the financial resources of the violator and the harm or risk of harm to the Second Amendment rights resulting from the violation. The Attorney General may also recover, in addition to the civil penalty pursuant to this subsection, investigative costs and a reasonable attorney's fee. Any order assessing a penalty for violation of this act pursuant to this paragraph shall be stayed pending appeal of the order.
(d)
The remedies set forth in Sections
45-9-201
through
45-9-209
shall be the exclusive remedies for violation of Sections
45-9-201
through
45-9-209
.
(e)
It shall be a defense to a proceeding initiated pursuant to Sections
45-9-201
through
45-9-209
that such firearms code was required to be used based on a good-faith conclusion that the entity's disclosure or action was required by applicable law or regulation.
Added by Laws, 2023, ch. 462, HB 1110,§ 5, eff. 1/1/2024.