What Are the Penalties for Carrying a Pistol or Revolver on Your Person or in a Car (or Any Motor Vehicle) Without a Valid Gun Permit in Alleged Violation of Connecticut General Statute Section 29-35?
The short answer is, absent mitigating circumstances, a mandatory minumum prison sentence of one year and possibly up to five years; plus a fine up to $1,000 dollars.
Connecticut General Statute 29-35 states as follows:
"Carrying of pistol or revolver without permit prohibited. Exceptions."
"(a) No person shall carry any pistol or revolver upon his or her person, except when such person is within the dwelling house or place of business of such person, without a permit to carry the same issued as provided in section 29-28. The provisions of this subsection shall not apply to the carrying of any pistol or revolver by any parole officer or peace officer of this state, or parole officer or peace officer of any other state while engaged in the pursuit of official duties, or federal marshal or federal law enforcement agent, or to any member of the armed forces of the United States, as defined in section 27-103, or of this state, as defined in section 27-2, when on duty or going to or from duty, or to any member of any military organization when on parade or when going to or from any place of assembly, or to the transportation of pistols or revolvers as merchandise, or to any person transporting any pistol or revolver while contained in the package in which it was originally wrapped at the time of sale and while transporting the same from the place of sale to the purchaser's residence or place of business, or to any person removing such person's household goods or effects from one place to another, or to any person while transporting any such pistol or revolver from such person's place of residence or business to a place or individual where or by whom such pistol or revolver is to be repaired or while returning to such person's place of residence or business after the same has been repaired, or to any person transporting a pistol or revolver in or through the state for the purpose of taking part in competitions, taking part in formal pistol or revolver training, repairing such pistol or revolver or attending any meeting or exhibition of an organized collectors' group if such person is a bona fide resident of the United States and is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides, or to any person transporting a pistol or revolver to and from a testing range at the request of the issuing authority, or to any person transporting an antique pistol or revolver, as defined in section 29-33. For the purposes of this subsection, "formal pistol or revolver training" means pistol or revolver training at a locally approved or permitted firing range or training facility, and "transporting a pistol or revolver" means transporting a pistol or revolver that is unloaded and, if such pistol or revolver is being transported in a motor vehicle, is not readily accessible or directly accessible from the passenger compartment of the vehicle or, if such pistol or revolver is being transported in a motor vehicle that does not have a compartment separate from the passenger compartment, such pistol or revolver shall be contained in a locked container other than the glove compartment or console. Nothing in this section shall be construed to prohibit the carrying of a pistol or revolver during formal pistol or revolver training or repair.
(b) The holder of a permit issued pursuant to section 29-28 shall carry such permit upon one's person while carrying such pistol or revolver."
The potential penalties for violating Connecticut General Statute 29-35 are listed in Connecticut General Statute 29-37, which provides as follows:
"(a) Any person violating any provision of section 29-28 or 29-31 shall be fined not more than five hundred dollars or imprisoned not more than three years or both, 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 may be fined not more than one thousand dollars and AND SHALL BE IMPRISONED NOT LESS THAN ONE YEAR nor more than five years, 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." [Emphasis added.]
If you are accused of violating Connecticut General Statute Section 29-35, you should hire a lawyer. The Connecticut Criminal Defense Law Group of Advocates Law Firm will take all the steps we can to help you avoid the mandatory minimum sentence of one year in jail and to protect your rights, your liberty, and your future. We would investigate the legality of the stop that lead to the discovery of the weapon and if appropriate file a motion to suppress the evidence; and/or do everything we can to establish the necessary mitigating circumstances that would allow the court to NOT sentence you to the mandatory one year jail sentence. We could also pursue an application for Accelerated Rehabilitation, pursuant to Connecticut General Staute Section 54-56e, which if granted would mean no conviction, no jail time, and no record.
(Also, please note that if you are accused of violating Section 29-35 and the gun was in a car at the time of the alleged offense, you will also probably be charged with violating Connecticut General Statute Section 29-38, entitled "Weapons in vehicles" which carries with it more potential jail time and fines. Please see the FAQ on 29-38 for the text and penalties of that statute.)
If you or someone close to you has been accused of violating Connecticut General Statute Section 29-35 or 29-38 or some other Connecticut criminal law, please contact our Connecticut Criminal Defense Law Group to arrange a free and confidential consultation.