South Dakota § 37-35A-7 Civil action--Injunction--Damages--Attorney’s fees.

South Dakota Statutes

§ 37-35A-7 — Civil action--Injunction--Damages--Attorney’s fees.

South Dakota·Title 37 TRADE REGULATION·Ch. 37-35 FIREARMS, ACCESSORIES, AND AMMUNITION

If an individual or entity, public or private, is found to be in violation of this chapter after the later of the expiration of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, the attorney general must pursue an injunction against the individual or entity, in a court of competent jurisdiction in the circuit court for the county where the alleged violation occurred. If a court finds that an individual or entity continues to be in violation of this chapter after the later of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, or after a finding of a violation of this chapter by a court, the court mu

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If an individual or entity, public or private, is found to be in violation of this chapter after the later of the expiration of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, the attorney general must pursue an injunction against the individual or entity, in a court of competent jurisdiction in the circuit court for the county where the alleged violation occurred. If a court finds that an individual or entity continues to be in violation of this chapter after the later of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, or after a finding of a violation of this chapter by a court, the court must enjoin the individual or entity from continuing to violate this chapter. If thirty days after the issuance of an injunction an individual or entity knowingly and willfully fails to comply, as provided for in this section, the court must impose a civil penalty in the amount of twenty-five thousand dollars or the amount of actual damages for each violation occurring after the conclusion of the thirty-day period. In assessing the penalty, the court may consider the financial resources of the violator and any harm or risk of harm to an individual's rights under the U.S. Const. amend. II, resulting from the violation. The court shall forward any civil penalty collected under this section to the state treasurer, for deposit in the general fund. In addition to the remedies provided for in this section, the attorney general or a petitioner who prevails in an action under this chapter shall recover costs and reasonable attorney's fees.

South Dakota § 37-35A-7 (Civil action--Injunction--Damages--Attorney’s fees.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.