Any person who has or owns, but is not carrying a firearm without a license to do so, shall be guilty of a felony and upon conviction shall be punished with a penalty of imprisonment for a fixed term of five (5) years. Should there be aggravating circumstances, the penalty established may be increased to a maximum of ten (10) years; should there be mitigating circumstances, it may be reduced to a minimum of one (1) year.
Notwithstanding the above, when a person incurs conduct prohibited in this section without the intention of committing a crime with his/her own unlicensed firearm, and the person has never been convicted for a violation of this chapter, Act No. 348 of December 21, 1999, §§ 1476—1482 of Title 32, or Act No. 27 of January 10, 2002, or any crimes provided under § 456j of this title, and the weapon has not been reported as stolen or illegally appropriated, he/she shall be guilty of a misdemeanor and upon conviction shall be punished with a penalty of imprisonment for a term of not more than six (6) months, a fine that shall not exceed five thousand dollars ($5,000) or both penalties at the discretion of the court. The court, in its discretion, may impose the penalty of rendering community services in lieu of the established penalty of imprisonment.
In the event that the owner of the weapon shows satisfactory evidence that he/she owns a weapons license, although expired, and that he/she has requested its renewal within the term provided by this chapter, he/she shall not be guilty of any crime. If he/she has not requested its renewal within the established term, he/she shall incur an administrative fault and shall have to pay three (3) times the accrued cost of the renewal fee.
History —Sept. 11, 2000, No. 404, § 4.06, renumbered as § 5.06 and amended on Jan. 10, 2002, No. 27, §§ 18 and 21; June 3, 2004, No. 137, § 19.