Section 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 subdivision (1) 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 subdivision (2) of subsection (a) of section 29-35 shall be guilty of a class B misdemeanor for a first offense and a class A misdemeanor for any subsequent offense. The court may order suspension of prosecution in addition to any other diversionary programs available to the defendant, if the court finds that a violation of said subdivision is not of a serious nature and that the person charged with such violation (1) will probably not offend in the future, (2) has not previously been convicted of a violation of this section, and (3) has not previously had a prosecution under this section suspended pursuant to this subsection. The court shall not order suspension of prosecution unless the accused person has acknowledged that he or she understands the consequences of the suspension of prosecution. Any person for whom prosecution is suspended shall agree to the tolling of any statute of limitations with respect to such violation and to a waiver of his or her right to a speedy trial. Such person shall appear in court and shall be released to the supervision of the Court Support Services Division for such period, not exceeding two years, and under such conditions as the court shall order. If the person refuses to accept, or, having accepted, violates such conditions, the court shall terminate the suspension of prosecution and the case shall be brought to trial. If such person satisfactorily completes such person's period of probation, he or she may apply for dismissal of the charges against such person and the court, on finding such satisfactory completion, shall dismiss such charges. If the person does not apply for dismissal of the charges against such person after satisfactorily completing such person's period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the person satisfactorily completed such person's period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a. An order of the court denying a motion to dismiss the charges against a person who has completed such person's period of probation or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.(d) 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 .)
Amended by P.A. 23-0053,S. 2 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023. Cited. 179 Conn. 576 ; 186 C. 654 ; 193 Conn. 7 ; 209 Conn. 322 ; 221 Conn. 315 ; 222 Conn. 718 ; 224 Conn. 546 ; 228 Conn. 234 ; 229 Conn. 125 ; 231 Conn. 43 ; 233 C. 813 ; 235 C. 397. Cited. 6 CA 402 ; 9 Conn.App. 169 ; judgment reversed, see 205 Conn. 370 ; 20 Conn.App. 137 ; 22 Conn.App. 321 ; Id., 507; 24 Conn.App. 408 ; Id., 685; Id., 692; 25 Conn.App. 433 ; 27 Conn.App. 263 ; Id., 403; 30 Conn.App. 26 ; Id., 68; 31 CA 614 ; 34 CA 223 ; 36 Conn.App. 805 ; Id., 831; 40 CA 151; 43 Conn.App. 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 Conn.Supp. 25 . Cited. 27 Conn.Supp. 275 .