Sec. 53-278c. Seizure of gambling devices. Penalties for possession, sale, etc., of gambling devices or records. Exceptions.
Sec. 53-278c. Seizure of gambling devices. Penalties for possession, sale, etc.,
of gambling devices or records. Exceptions. (a) All gambling devices are common
nuisances and, if found in a place known or suspected to be a gambling premise, are
subject to seizure, immediately upon detection, by any peace officer, who shall hold the
same subject to confiscation and destruction by order of a court having jurisdiction.
(b) No property right in any such gambling device shall exist or be recognized in
any person, except the possessory right of officers enforcing sections 53-278a to 53-278g, inclusive.
(c) All furnishings, fixtures, equipment and stock, including without limitation furnishings and fixtures adaptable to nongambling uses and equipment and stock for printing, recording, computing, transporting, safekeeping or, except as otherwise provided in
subsection (c) of section 53-278d, communication, used in connection with professional
gambling or maintaining a gambling premise, and all money or other things of value at
stake or displayed in or in connection with professional gambling or any gambling
device, shall be subject to seizure, immediately upon detection, by any peace officer,
and shall, unless good cause is shown to the contrary by the owner, be ordered by the
court to be destroyed or disposed of to a charitable or educational institution or to a
governmental agency or institution, provided, if such property is money or valuable
prize, it shall become the property of the state; except any such property which at the
time of such order is subject to a bona fide mortgage, assignment of lease or rent, lien
or security interest shall remain subject to such mortgage, assignment, lien or security
interest. The court may also order that such property be sold by sale at public auction,
in which case the proceeds shall become the property of the state; provided any person
who has a bona fide mortgage, assignment of lease or rent, lien or security interest shall
have the same right to the proceeds as he had in the property prior to sale. The provisions
of section 54-33g shall not be applicable to proceedings under this section.
(d) Except as provided in subsection (e), any person who knowingly owns, manufactures, possesses, buys, sells, rents, leases, stores, repairs or transports any gambling
device, or offers or solicits any interest therein, except in connection with a permit under
sections 7-169 to 7-186, inclusive, whether through an agent or employee or otherwise
shall be guilty of a class A misdemeanor. Subsection (b) of this section shall have no
application in the enforcement of this subsection.
(e) Any firm or corporation may engage in the business of manufacturing gambling
devices for use outside of the state, provided such firm or corporation has obtained
approval for the manufacture and transportation of such devices from the Commissioner
of Public Safety. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this subsection.
(f) Any person who knowingly prints, makes, possesses, stores or transports any
gambling record, or buys, sells, offers or solicits any interest therein, whether through
an agent or employee or otherwise, shall be guilty of a class B misdemeanor, and in
the enforcement of this subsection direct possession of any gambling record shall be
presumed to be knowing possession thereof.
(P.A. 73-455, S. 3; P.A. 74-221, S. 8; P.A. 75-54, S. 2, 3; P.A. 84-89, S. 1, 2; Jan. 6 Sp. Sess. P.A. 03-1, S. 2.)
History: P.A. 74-221 amended Subsec. (c) to replace former provisions requiring sale of forfeited property, allowing
transfer of liens against such property to proceeds of sale and requiring equal division of proceeds between general fund
of state and general fund of political subdivision whose officers made the seizure, with provisions requiring destruction
of property, disposition to charitable or educational institution or governmental agency or consideration as state property;
P.A. 75-54 amended Subsec. (c) to add provisions similar to those which existed prior to amendment of P.A. 74-221 re
rights of persons holding mortgages, liens, etc. against property to claim share of proceeds of sale, etc; P.A. 84-89 inserted
new Subsec. (e), exempting from criminal liability firms or corporations which manufacture gambling devices for out-of-state use provided they have approval to manufacture and transport from the public safety commissioner and relettered
former Subsec. (e) as Subsec. (f); (Revisor's note: In 1993 a reference to repealed Sec. 7-186m was replaced editorially
by the Revisors with a reference to Sec. 7-186l in Subsec. (d)); Jan. 6 Sp. Sess. P.A. 03-1 amended Subsec. (d) by deleting
reference to Sec. 7-186l and substituting reference to Sec. 7-186, effective January 7, 2003.
See footnotes to Sec. 53-278a.
Subsec. (c):
Cited. 196 C. 471.
Subsec. (e):
Cited. 8 CA 673.
Subsec. (f):
Cited. 196 C. 471.