Sec. 29-37. Penalties.

(a) Any person violating any provision of section 29-28 or 29-31 shall be guilty of a class E felony, and any pistol or revolver found in the possession of any person in violation of any of said provisions shall be forfeited.

(b) Any person violating any provision of subsection (a) of section 29-35 shall be guilty of a class D felony, and, in the absence of any mitigating circumstances as determined by the court, one year of the sentence imposed may not be suspended or reduced by the court. The court shall specifically state the mitigating circumstances, or the absence thereof, in writing for the record. Any pistol or revolver found in the possession of any person in violation of any provision of subsection (a) of section 29-35 shall be forfeited.

(c) Any person violating any provision of subsection (b) of section 29-35 shall have committed an infraction and shall be fined thirty-five dollars.

(1949 Rev., S. 4168; P.A. 81-222, S. 3; P.A. 88-128, S. 2; July Sp. Sess. P.A. 94-1, S. 15; July Sp. Sess. P.A. 94-2, S. 13; P.A. 97-56, S. 2; P.A. 07-217, S. 134; P.A. 13-258, S. 25.)

History: P.A. 81-222 added Subsec. (b) establishing a mandatory one-year prison sentence for any person violating Sec. 29-35 unless the court finds mitigating circumstances, and requiring the court to state the mitigating circumstances or absence thereof in writing; P.A. 88-128 added Subsec. (c) to provide a penalty for any person violating Sec. 29-35(b); July Sp. Sess. P.A. 94-1 amended Subsec. (a) to delete reference to Sec. 29-33 because that same public act added revised penalty provisions for violations of Sec. 29-33 within that section itself; July Sp. Sess. P.A. 94-2 amended Subsec. (a) to delete reference to Sec. 29-34 because that same public act added penalty provisions for violations of Sec. 29-34 within that section itself; P.A. 97-56 amended Subsec. (a) to delete penalty provision for a violation of Sec. 29-36 because that same public act added penalty provision for violations of that section to Sec. 29-36 itself; P.A. 07-217 made a technical change in Subsec. (b), effective July 12, 2007; P.A. 13-258 amended Subsec. (a) to change penalty from a fine of not more than $500 or imprisonment of not more than 3 years to a class E felony, and amended Subsec. (b) to change penalty from a fine of not more than $1,000 and imprisonment of not less than 1 year or more than 5 years to a class D felony.

Notation

Cited. 179 C. 576; 186 C. 654; 193 C. 7; 209 C. 322; 221 C. 315; 222 C. 718; 224 C. 546; 228 C. 234; 229 C. 125; 231 C. 43; 233 C. 813; 235 C. 397.

Cited. 6 CA 402; 9 CA 169; judgment reversed, see 205 C. 370; 20 CA 137; 22 CA 321; Id., 507; 24 CA 408; Id., 685; Id., 692; 25 CA 433; 27 CA 263; Id., 403; 30 CA 26; Id., 68; 31 CA 614; 34 CA 223; 36 CA 805; Id., 831; 40 CA 151; 43 CA 252.

Where offense lay not in failing to keep record of sale of gun but in failing to keep it in book and form prescribed by commissioner, minimum sentence of 2 years reduced to 1 year as too severe. 22 CS 25. Cited. 27 CS 275.