§ 5-29-4 — Violations

Alabama § 5-29-4

• Jurisdiction: Alabama
• Title 5: Banks and Financial Institutions
• Ch. 29: Second Amendment Financial Privacy Act

Text

(a) The Attorney General shall investigate reasonable allegations that a person or entity, including a governmental entity, has violated this chapter and, upon finding a violation, shall provide written notice to the person or entity believed to have committed the violation. The person or entity shall cease the violation within 60 business days after receiving written notice from the Attorney General pursuant to this section.
(b)(1) If a person or entity does not cease the violation within 60 business days after receiving written notice from the Attorney General pursuant to this section, the Attorney General shall file an action against the person or entity seeking an injunction.
(2) If the court finds that the person or entity violated this chapter and has not ceased the activity constituting the violation, the court shall enjoin the person or entity from continuing the activity and shall award court costs and reasonable attorney fees.
(3) If a person or entity purposefully fails to comply with an injunction issued pursuant to this section after 30 business days of being served with the injunction, the Attorney General, upon petition to the court, shall seek to impose on the person or entity a civil fine in an amount not to exceed one thousand dollars ($1,000) per violation. In assessing the civil fine, the court shall consider factors including, but not limited to, the financial resources of the violator and the harm or risk of harm to the rights under the Second Amendment to the United States Constitution resulting from the violation.
(4) Any order assessing a civil fine pursuant to this section shall be stayed pending appeal of the order.
(c) The Attorney General shall have exclusive authority to enforce this chapter. The remedies set forth in this section are the exclusive remedies for any violation of this chapter.
(d) It shall be a defense to a proceeding initiated pursuant to this section that a firearms code was required to be disclosed or assigned by law.

Legislative History

(Act 2024-232, §4.)