Enforcement

Ark. Code Ann. § 23-32-604 — under General Provisions.

Ark. Code Ann. § 23-32-604

(a) The Attorney General may enforce and investigate alleged violations of this subchapter and, upon finding a violation, shall provide written notice to a person believed to be in violation of this subchapter.

(b) The Attorney General may be petitioned to investigate an alleged violation of this subchapter by:(1) A firearms retailer whose business was the subject of an alleged violation of this subchapter;(2) A customer who transacted business at a firearms retailer whose business was the subject of an alleged violation of this subchapter; or(3) A person whose ownership of firearms is the subject of an alleged violation of this subchapter.

(1) A firearms retailer whose business was the subject of an alleged violation of this subchapter;

(2) A customer who transacted business at a firearms retailer whose business was the subject of an alleged violation of this subchapter; or

(3) A person whose ownership of firearms is the subject of an alleged violation of this subchapter.

(c) (1) Upon finding a violation of this subchapter, the Attorney General shall provide written notice to a person believed to be in violation of this subchapter.(2) The written notice required under subdivision (c)(1) of this section shall be made to the person believed to be in violation of this subchapter or a registered agent of the person within forty-five (45) days of the finding of the violation and contain the following:(A) Identification of the evidence to be relied upon in making a determination of a violation of this subchapter;(B) Notice that the person believed to be in violation of this subchapter has thirty (30) calendar days following the receipt of the written notice to demonstrate that the person is not in violation of this subchapter; and(C) Action to be taken by the Attorney General upon making a determination of a violation of this subchapter.(3) A covered entity shall not be compelled to produce or disclose any data or information deemed confidential, privileged, or otherwise protected from disclosure by state or federal law.

(1) Upon finding a violation of this subchapter, the Attorney General shall provide written notice to a person believed to be in violation of this subchapter.

(2) The written notice required under subdivision (c)(1) of this section shall be made to the person believed to be in violation of this subchapter or a registered agent of the person within forty-five (45) days of the finding of the violation and contain the following:(A) Identification of the evidence to be relied upon in making a determination of a violation of this subchapter;(B) Notice that the person believed to be in violation of this subchapter has thirty (30) calendar days following the receipt of the written notice to demonstrate that the person is not in violation of this subchapter; and(C) Action to be taken by the Attorney General upon making a determination of a violation of this subchapter.

(A) Identification of the evidence to be relied upon in making a determination of a violation of this subchapter;

(B) Notice that the person believed to be in violation of this subchapter has thirty (30) calendar days following the receipt of the written notice to demonstrate that the person is not in violation of this subchapter; and

(C) Action to be taken by the Attorney General upon making a determination of a violation of this subchapter.

(3) A covered entity shall not be compelled to produce or disclose any data or information deemed confidential, privileged, or otherwise protected from disclosure by state or federal law.

(d) Upon receipt of the written notice under subdivision (c)(1) of this section, a person has sixty (60) calendar days to cease the violations of this subchapter.

(e) (1) If a person under subsection (d) of this section fails to cease the violations of this subchapter, the Attorney General may request an injunction against the person alleged to be in violation of this subchapter, which a court may order, in addition to any other available relief, as the court may consider appropriate.(2) If a person knowingly fails to comply with an injunction under subdivision (e)(1) of this section, the Attorney General may petition the court to recover a civil penalty in a sum not to exceed ten thousand dollars ($10,000) for each violation of the injunction.(3) An order assessing a penalty for a violation of this subchapter shall be stayed pending appeal of the order.(4) The remedies under subdivisions (e)(1) and (2) of this section are exclusive remedies for a violation of this subchapter.

(1) If a person under subsection (d) of this section fails to cease the violations of this subchapter, the Attorney General may request an injunction against the person alleged to be in violation of this subchapter, which a court may order, in addition to any other available relief, as the court may consider appropriate.

(2) If a person knowingly fails to comply with an injunction under subdivision (e)(1) of this section, the Attorney General may petition the court to recover a civil penalty in a sum not to exceed ten thousand dollars ($10,000) for each violation of the injunction.

(3) An order assessing a penalty for a violation of this subchapter shall be stayed pending appeal of the order.

(4) The remedies under subdivisions (e)(1) and (2) of this section are exclusive remedies for a violation of this subchapter.

(f) (1) If the Attorney General provides written notice under subdivision (c)(1) of this section based on the petition of a firearms retailer or a customer of a firearms retailer, then the petitioner shall consent to the disclosure of any financial information held by a covered entity to the Attorney General, whether or not the information is confidential or proprietary to demonstrate that the covered entity is not in violation of this subchapter.(2) If the firearms retailer or customer of a firearms retailer does not consent to the disclosure of financial information under subdivision (f)(1) of this section, the Attorney General shall not pursue the petition to investigate the violation of this subchapter.

(1) If the Attorney General provides written notice under subdivision (c)(1) of this section based on the petition of a firearms retailer or a customer of a firearms retailer, then the petitioner shall consent to the disclosure of any financial information held by a covered entity to the Attorney General, whether or not the information is confidential or proprietary to demonstrate that the covered entity is not in violation of this subchapter.

(2) If the firearms retailer or customer of a firearms retailer does not consent to the disclosure of financial information under subdivision (f)(1) of this section, the Attorney General shall not pursue the petition to investigate the violation of this subchapter.

(g) It is a defense to a civil proceeding initiated under this section that a person made a good faith determination that the person's action was required by applicable law.

(h) This section does not create a private right of action.