§ 29-35 — Carrying of pistol or revolver without permit prohibited. Knowingly carrying any firearm with intent to display such firearm prohibited. Exceptions.

Connecticut § 29-35

• Jurisdiction: Connecticut
• Title 29: Public Safety and State Police
• Ch. 529: Division of State Police

Text

(a)(1) No person shall carry any pistol or revolver upon such person's person, except when such person is within such person's dwelling house, on land leased or owned by such person or within the place of business of such person, without a permit to carry the same issued as provided in section 29-28. (2) No person shall knowingly carry any firearm with intent to display such firearm, except when such person is within such person's dwelling house, on land leased, owned or otherwise possessed by such person or within the place of business of such person, or such person is engaged in firearm training or bona fide hunting activity, or such person has been explicitly permitted by another person to carry such firearm with intent to display such firearm while within such other person's dwelling house, on land leased, owned or otherwise possessed by such other person, or within the place of business of such other person. For the purposes of this subdivision, a person shall not be deemed to be carrying a firearm with intent to display such firearm if such person has taken reasonable measures to conceal the fact that such person is carrying a firearm. Neither a fleeting glimpse of a firearm nor an imprint of a firearm through such person's clothing shall constitute a violation of this subdivision. If a person displays a firearm temporarily while engaged in self-defense or other conduct that is otherwise lawful, such display shall not constitute a violation of this subdivision. The provisions of this subdivision shall not apply to any (A) security guard or other person employed to perform the duties of protecting public or private property while in the performance of such duties or traveling to or from such duties, (B) person carrying a firearm as a necessary part of participation in an honor guard or an historic reenactment, or (C) bail enforcement agent licensed under sections 29-152f to 29-152i , inclusive. (3) The provisions of this subsection shall not apply to the carrying of any firearm by any: (A) Parole officer or peace officer of this state; (B) Parole officer or peace officer of any other state while engaged in the pursuit of official duties; (C) Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d ; (D) Federal marshal or federal law enforcement agent; (E) Member of the armed forces of the United States, as defined in section 27-103 , or of the state, as defined in section 27-2 , when on duty or going to or from duty; (F) Member of any military organization when on parade or when going to or from any place of assembly; (G) Person transporting or inspecting a firearm as merchandise; (H) Person transporting a firearm contained in the package in which such firearm 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; (I) Person transporting a firearm as part of the process of removing such person's household goods or effects from one place to another; (J) Person transporting a firearm from such person's place of residence or business to a place or person where or by whom such firearm is to be repaired or while returning to such person's place of residence or business after the same has been repaired; (K) Person transporting a firearm in or through the state for the purpose of taking part in competitions, taking part in firearm training, repairing such firearm 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 firearm in the state or subdivision of the United States in which such person resides; (L) Person transporting a firearm to and from a testing range at the request of the issuing authority; or (M) Person transporting an antique pistol or revolver, as defined in section 29-33 . (4) For the purposes of this subsection, “firearm training” means firearm training at a firing range, training facility or fish and game club or sporting club, and “transporting a firearm” means transporting a firearm that is unloaded and, if such firearm is being transported in a motor vehicle, is not readily accessible or directly accessible from the passenger compartment of the vehicle or, if such firearm is being transported in a motor vehicle that does not have a compartment separate from the passenger compartment, such firearm 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 firearm during firearm 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. Such holder shall present his or her permit upon the request of a law enforcement officer who has reasonable suspicion of a crime for purposes of verification of the validity of the permit or identification of the holder, provided such holder is carrying a pistol or revolver that is observed by such law enforcement officer. (c) Not later than February 1, 2025, and annually thereafter, each law enforcement unit, as defined in section 7-294a , shall prepare and submit a report to the Institute for Municipal and Regional Policy at The University of Connecticut concerning any stops conducted on suspicion of a violation of subdivision (2) of subsection (a) of this section during the preceding calendar year, except that the initial report shall be based on the fifteen months preceding January 1, 2025. Such report shall be submitted electronically using a standardized method and form disseminated jointly by the Institute for Municipal and Regional Policy and the Police Officer Standards and Training Council. The standardized method and form shall allow compilation of statistics on each incident, including, but not limited to, the race and gender of the person stopped, provided the identification of such characteristics shall be based on the observation and perception of the police officer. The Institute for Municipal and Regional Policy and the Police Officer Standards and Training Council may revise the standardized method and form and disseminate such revisions to law enforcement units. Each law enforcement unit shall, prior to submission of any such report pursuant to this subsection, redact any information from such report that may identify a minor, witness or victim. (d) The Institute for Municipal and Regional Policy at The University of Connecticut shall, within available appropriations, review the incidents reported pursuant to subsection (c) of this section. Not later than December 1, 2025, and annually thereafter, the institute shall report, in accordance with the provisions of section 11-4a , the results of any such review, including any recommendations, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, public safety and municipalities.

Legislative History

(1949 Rev., S. 4166; 1957, P.A. 163, S. 35; 1959, P.A. 179; 1963, P.A. 437; P.A. 81-45; 81-222, S. 2; P.A. 88-128, S. 1; P.A. 99-212, S. 2; P.A. 00-99, S. 77, 154; P.A. 01-130, S. 9; P.A. 03-19, S. 68; P.A. 11-213, S. 47; P.A. 15-216, S. 2; P.A. 16-193, S. 9; P.A. 23-53, S. 1; 23-203, S. 1.) History: 1959 act exempted parole officers from provisions of section; 1963 act exempted persons en route to or at competitions, meetings, exhibitions etc. from provisions of section if persons are U.S. residents and have permits from other states; P.A. 81-45 clarified exemption for sheriffs, parole officers or peace officers by specifying those of this state, or of any other state while engaged in the pursuit of official duties, and added exemption for federal marshal or federal law enforcement agent; P.A. 81-222 provided an exemption for any person carrying a pistol or revolver to and from a testing range at the request of the issuing authority or carrying an antique pistol or revolver; P.A. 88-128 added Subsec. (b) to require a permit holder to carry his permit while carrying his pistol or revolver; P.A. 99-212 replaced “carrying” with “transporting” in list of exceptions other than in exceptions for sheriffs, parole officers, peace officers, federal marshals, federal law enforcement agents, members of the armed forces and members of any military organization, added exception for transporting a pistol or revolver in or through the state for the purpose of “taking part in formal pistol or revolver training” or “repairing such pistol or revolver”, revised exception re out-of-state resident by replacing condition that such person have “a permit or license to carry any firearm issued by the authority of any other state or subdivision of the United States” with condition that such person “is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides”, added definitions of “formal pistol or revolver training” and “transporting a pistol or revolver” and made provisions of section gender neutral; P.A. 00-99 deleted references to sheriff in Subsec. (a), effective December 1, 2000; P.A. 01-130 amended definition of “transporting a pistol or revolver” in Subsec. (a) re providing for a locked container if motor vehicle does not have compartment separate from passenger compartment; P.A. 03-19 made technical changes in Subsec. (a), effective May 12, 2003; P.A. 11-213 amended Subsec. (a) to exempt Department of Motor Vehicles inspectors, effective July 1, 2011; P.A. 15-216 amended Subsec. (b) to add provision re presentation of permit; P.A. 16-193 made a technical change in Subsec. (a); P.A. 23-53 amended Subsec. (a) by making technical and conforming changes, designating existing provision re carrying pistol or revolver without a permit as Subdiv. (1) and therein adding “on land leased or owned by such person or within the place of business of such person” to the list of exceptions, adding Subdiv. (2) re knowingly carrying any firearm with intent to display such firearm, designating language re lack of applicability of provisions as Subdiv. (3), Subdiv. applicable to any firearm rather than any pistol or revolver, and dividing Subdiv. into Subparas. (A) to (L) substantially amending same, designating language re definitions as Subdiv. (4) and amending same to redefine “formal pistol or revolver training” as “firearm training” and “transporting a pistol or revolver” as “transporting a firearm”, added Subsec. (c) re report to Institute for Municipal and Regional Policy at The University of Connecticut and added Subsec. (d) re review of reported incidents; P.A. 23-203 amended Subsec. (a)(2) by replacing “leased or owned” with “leased, owned or otherwise possessed”, adding language re person explicitly permitted by another to carry such firearm and language providing that provisions do not apply to persons described in Subparas. (A) to (C), amended Subsec. (a)(3) by redesignating Subpara. (A)(i) re parole officer or peace officer of this state as Subpara. (A), redesignating Subpara. (A)(ii) re parole officer or peace officer of any other state as new Subpara. (B) and redesignating existing Subparas. (B) to (L) as Subparas. (C) to (M). Seizure of loaded revolver from defendant's person and arrest under section by police lieutenant on information by reliable person that defendant was armed is justifiable action. 157 C. 114. Cited. 162 C. 3; 168 C. 395. State must introduce evidence that pistol which defendant was carrying was less than 12 inches in length in order to prove that defendant has violated section. 173 C. 254. Cited. 179 C. 576. Burden not on state to disprove every listed exception in statute. 181 C. 388. Cited. 182 C. 262; 186 C. 261; Id., 654; 189 C. 303; 190 C. 1; 192 C. 85; 193 C. 7; 195 C. 651; 196 C. 122; Id., 157; 207 C. 191; 208 C. 689; 209 C. 322; 211 C. 258; 214 C. 540; 215 C. 739; 217 C. 73; 220 C. 385; 221 C. 315; Id., 915; 222 C. 718; 225 C. 270; 227 C. 518; 228 C. 234; 229 C. 125; 231 C. 43; 233 C. 1; Id., 215; Id., 813; 234 C. 324; 235 C. 274; Id., 397; Id., 595; 240 C. 395; 242 C. 318. Cited. 3 CA 225; Id., 289; 6 CA 189; Id., 402; 7 CA 367; 8 CA 667; 9 CA 169; judgment reversed, see 205 C. 370; Id., 330; 10 CA 532; Id., 683; Id., 697; 12 CA 662; 13 CA 139; 14 CA 140; 15 CA 330; Id., 749; 17 CA 243; 19 CA 576; 22 CA 507; 24 CA 408; Id., 685; Id., 692; Id., 737; 25 CA 433; Id., 578; Id., 734; 26 CA 65; Id., 367; 27 CA 263; Id., 403; 28 CA 833; judgment reversed, see 227 C. 518; 30 CA 26; Id., 68; 31 CA 385; Id., 614; 32 CA 724; 34 CA 103; Id., 223; 35 CA 541; 36 CA 345; Id., 483; Id., 576; Id., 805; Id., 831; 37 CA 276; 38 CA 247; 39 CA 82; Id., 224; Id., 242; Id., 563; 40 CA 60; Id., 151; Id., 189; 41 CA 515; Id., 565; Id., 831; 42 CA 41; 43 CA 252; 44 CA 790; 45 CA 261; Id., 282; 46 CA 640. Evidence presented at trial was insufficient to support conviction of carrying pistol without a license because state did not prove beyond a reasonable doubt that gun barrel was less than 12 inches in length. 48 CA 193. State's search of state and city database for evidence of permit to carry pistol was insufficient to meet state's burden of establishing that defendant lacked a valid permit to lawfully carry a pistol on date of incident because state failed to establish that defendant was a resident of the city or had a place of business within the city during the 60-day period immediately preceding the alleged conduct. 156 CA 175; judgment reversed in part, see 324 C. 782. Section is designed to prohibit the carrying of a pistol without a permit and not the mere possession of one; constructive possession of a pistol will not suffice to support a conviction under section; to establish that a defendant carried a pistol or revolver, the state must prove beyond a reasonable doubt that he bore a pistol or revolver upon his person while exercising dominion or control of it; because there is no temporal requirement in section, and no requirement that the pistol or revolver be moved from one place to another to prove that it was carried, a defendant can be shown to have carried a pistol or revolver upon his person, within the meaning of section, by evidence proving, inter alia, that he grasped or held it in his hands, arms or clothing or otherwise bore it upon his body for any period of time while maintaining dominion or control over it. 184 CA 332; judgment affirmed, see 335 C. 212. Cited. 27 CS 275; 35 CS 516. Subsec. (a): Cited. 224 C. 546; 237 C. 518. “Place of business” means premises containing a business in which a person has a proprietary, controlling or possessory interest, not a location at which a person is merely employed. 260 C. 219. “Place of business” exception to handgun permit requirement inapplicable to taxicab. 270 C. 198. Cited. 20 CA 137; 22 CA 321; 26 CA 242; 33 CA 521; 35 CA 138; 38 CA 750; 42 CA 768; 45 CA 591; 46 CA 216. Cumulative evidence established beyond a reasonable doubt that defendant's firearm had a barrel less than 12 inches long. 69 CA 1. Jury instructions that improperly included an explanation of the principles of constructive possession did not violate defendant's due process rights where such instructions had no probable effect on the jury. 71 CA 656. Court upheld prior rulings that convictions under both this Subsec. and Sec. 53a-217(a)(1) do not constitute double jeopardy. 83 CA 377. To obtain a conviction, the state was required to prove beyond a reasonable doubt that defendant carried a pistol, for which he lacked a permit, while outside his dwelling house or place of business. 126 CA 192.