A. Except as provided in subsections (B), (C) and (D) of this section, violation of BC 5.08.260 is a Class A violation punishable by a fine of not less than $250.00.

B. Violation of BC 5.08.260(A) or (B) is a Class A violation punishable by a fine of not less than $500.00 if the unlawfully possessed, pointed or discharged replica firearm bears an attached laser pointer or has had its blaze orange tip removed or covered with paint, tape, or similar opaque substance.

C. Violation of BC 5.08.260(A) or (B) is a Class C misdemeanor if the offense occurs on or within 1,000 feet of school premises.

D. Violation of BC 5.08.260(A), (B) or (C) is a Class A misdemeanor if within five years to the date of the current offense the defendant has been convicted previously of a violation of BC 5.08.260(A), (B) or (C) or a counterpart thereof in another jurisdiction.

E. In addition to and not in lieu of any other sentence a court may impose, a court may require a defendant convicted under BC 5.08.260 to forfeit any rights of the defendant in the device or replica firearm unlawfully possessed, pointed or discharged. [BC 5.08.270, added by Ordinance No. 4423, 2/26/07]