---
title: O.C.G.A. § 10-1-439.3. Role of Attorney General in prosecuting violators; civil penalties.
collection: code
id: 10-1-439.3
cite_as: O.C.G.A. § 10-1-439.3 (2025)
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md_url: https://georgiacommons.org/code/10-1-439.3.md
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source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-2024-pdf.pdf?sfvrsn=1992b47e_0#page=361
date: 2025
status: active
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heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / DECEPTIVE OR UNFAIR PRACTICES / FIREARMS INDUSTRY NONDISCRIMINATION
---

# O.C.G.A. § 10-1-439.3. Role of Attorney General in prosecuting violators; civil penalties.

(a) Whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this part, the Attorney General shall, upon written request made pursuant to subsection (b) of this Code section or by his or her own initiative, investigate and, upon finding a probable violation of this part, bring an action in the name of the state against such person to:

(1) Obtain a declaratory judgment that the act or practice violates the provisions of this part;

(2) Enjoin any act or practice that violates the provisions of this part by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; and

(3) Recover civil penalties of up to $10,000.00 per violation of this part or any injunction, judgment, or consent order issued or entered into under the provisions of this chapter and reasonable expenses, investigative costs, and attorney’s fees.

Provided, however, that no action shall be brought by the Attorney General under this subsection until after the person who is alleged to have violated this part has received written notice from the Attorney General of the alleged violation and failed to cease the activity that is alleged to be a violation of this part within 30 days of receiving such notice.

(b) Any person who is the subject of an action believed to be in violation of this part may request, in writing, that the Attorney General investigate the alleged violation pursuant to subsection (a) of this Code section.

(c) The remedies set forth in this Code section shall be the exclusive remedies for violations of this part.

## History

Code 1981, § 10-1-439.3, enacted by Ga. L. 2017, p. 555, § 2/HB 292; Ga. L. 2024, p. 139, § 1/HB 1018, effective July 1, 2024.

## Amendments

The 2024 amendment, effective July 1, 2024, designated the existing provisions of this Code section as subsection (a); inserted “made pursuant to subsection (b) of this Code section” in the beginning of subsection (a) and added the undesignated text following paragraph (a)(3); and added subsections (b) and (c).