(a) Any agency of the state, political subdivision or law enforcement agency that employs any public officer or peace officer, as defined in W.S. 7-2-101(a)(iv), who knowingly violates any provision of this act and enforces a red flag gun seizure against any resident of the state of Wyoming while acting within the scope of their employment shall be liable to the injured party for damages resulting from the public officer's or peace officer's conduct in a civil action before the district court in which county the red flag gun seizure was enforced. The court, upon a finding of a violation of this act, may impose a civil penalty against the agency or political subdivision in an amount not to exceed fifty thousand dollars ($50,000.00) per violation and may order any injunctive or other equitable relief as permitted by law. The court shall hold a hearing on a motion for injunctive or equitable relief of a red flag gun seizure within thirty (30) days of service of the petition. (b) An interested party may bring a civil action to enforce the provisions of this act. The district court may order injunctive or other equitable relief, recovery of damages or other legal remedies permitted by law and payment of reasonable attorney fees. (c) In any action brought under subsection (b) of this section, the court may award the prevailing party, other than the state of Wyoming or any political subdivision of the state, reasonable attorney fees. Sovereign immunity shall not be an affirmative defense in any action pursuant to this section. (d) Any person who knowingly violates any provision of this act is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.
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