Whenever there shall be a violation of this article, the attorney general, in the name of the people of the state of New York, or a city corporation counsel on behalf of the locality, may bring an action in the supreme court or federal district court to enjoin and restrain such violations and to obtain restitution and damages. In addition, any gun industry member determined by a court to have violated this article shall be liable to the people of the state of New York for a civil penalty of five thousand dollars for each qualified product that is unlawfully sold, transferred, imported, distributed, manufactured, marketed, or offered for wholesale or retail sale in New York state.