§ 53a-217 — Criminal possession of a firearm, ammunition or an electronic defense weapon: Class C felony.

Connecticut § 53a-217

• Jurisdiction: Connecticut
• Title 53a: Penal Code
• Ch. 952: Penal Code: Offenses

Text

(a) A person is guilty of criminal possession of a firearm, ammunition or an electronic defense weapon when such person possesses a firearm, ammunition or an electronic defense weapon and (1) has been convicted of (A) a felony committed prior to, on or after October 1, 2013, (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on or after October 1, 2013, and during the preceding twenty years, or (D) a misdemeanor violation of any law of this state that has been designated as a family violence crime pursuant to section 46b-38h and was committed on or after October 1, 2023, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, (4) knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person, (5) (A) has been confined on or after October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or with respect to any person who holds a valid permit or certificate that was issued or renewed under the provisions of section 29-28 or 29-36f in effect prior to October 1, 2013, such person has been confined in such hospital within the preceding twelve months, or (B) has been voluntarily admitted on or after October 1, 2013, or has been committed under an emergency certificate pursuant to section 17a-502 on or after October 1, 2023, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability, unless the person (i) was admitted or committed solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, or (ii) is a police officer who was voluntarily admitted and had his or her firearm, ammunition or electronic defense weapon used in the performance of the police officer's official duties returned in accordance with section 7-291d, (6) knows that such person is subject to a firearms seizure order issued prior to June 1, 2022, pursuant to section 29-38c after notice and an opportunity to be heard has been provided to such person, or a risk protection order or risk protection investigation order issued on or after June 1, 2022, pursuant to section 29-38c, or (7) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(2), (g)(4) or (g)(9). For the purposes of this section, “convicted” means having a judgment of conviction entered by a court of competent jurisdiction, “ammunition” means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm, and a motor vehicle violation for which a sentence to a term of imprisonment of more than one year may be imposed shall be deemed an unclassified felony. (b) Criminal possession of a firearm, ammunition or an electronic defense weapon is a class C felony, for which two years and one day of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.

Legislative History

(P.A. 82-464, S. 1; P.A. 86-287, S. 5; P.A. 91-212; P.A. 98-129, S. 12; P.A. 99-212, S. 1; P.A. 01-130, S. 15; P.A. 03-98, S. 4; P.A. 05-147, S. 4; 05-283, S. 2; P.A. 12-133, S. 19; P.A. 13-3, S. 44; June Sp. Sess. P.A. 15-2, S. 6; P.A. 16-34, S. 15; P.A. 19-17, S. 5; P.A. 21-67, S. 6; P.A. 23-53, S. 31; 23-89, S. 8.) History: P.A. 86-287 added reference to electronic defense weapons; P.A. 91-212 replaced “pistol, revolver” with “firearm” and made technical changes; P.A. 98-129 added Subsec. (a)(2) prohibiting possession by a person who has been convicted as delinquent for the commission of a serious juvenile offense; P.A. 99-212 made provisions applicable to a person convicted of any felony rather than only of a capital felony and specified class A, B, C and D felonies; P.A. 01-130 added Subsecs. (a)(3) and (4) re possession by a person who knows he or she is subject to a restraining or protective order issued after notice and an opportunity to be heard in a case involving the use, attempted use or threatened use of physical force against another person and re possession by a person who knows he or she is subject to a firearms seizure order issued pursuant to Sec. 29-38c after notice and an opportunity to be heard; P.A. 03-98 amended Subsec. (a)(3) by replacing “protective order issued by a court” with “protective order of a court of this state” and adding provisions re foreign order of protection and re order that has been issued against such person; P.A. 05-147 amended Subsec. (a)(3) to designate existing provisions re a restraining or protective order as Subpara. (A), designate existing provisions re a foreign order of protection as Subpara. (B) and amend said Subpara. (B) to delete the requirement that the foreign order of protection has been issued “after notice and an opportunity to be heard has been provided to such person”; P.A. 05-283 added Subsec. (a)(5) re possession by a person who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4); P.A. 12-133 amended Subsec. (a) by adding provision re motor vehicle violation for which sentence to a term of imprisonment of more than 1 year may be imposed to be deemed an unclassified felony; P.A. 13-3 changed “criminal possession of a firearm or electronic defense weapon” to “criminal possession of a firearm, ammunition or an electronic defense weapon”, amended Subsec. (a) to add provision re violation of Sec. 21a-279(c), 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on or after October 1, 2013, in Subdiv. (1), add new Subdiv. (3) re person discharged within preceding 20 years after being found not guilty by reason of mental disease or defect, redesignate existing Subdiv. (3) as Subdiv. (4), add new Subdiv. (5) re person confined on or after October 1, 2013, in hospital for persons with psychiatric disabilities within preceding 60 months by probate court order, or such confinement within preceding 12 months for person who held valid permit or certificate in effect prior to October 1, 2013, and re person voluntarily admitted within preceding 6 months on or after October 1, 2013, redesignate existing Subdivs. (4) and (5) as Subdivs. (6) and (7), and define “ammunition”, and amended Subsec. (b) to change penalty from class D felony to class C felony and provide that $5,000 of the fine imposed may not be remitted or reduced unless the court states its reasons for remitting or reducing the fine; June Sp. Sess. P.A. 15-2 amended Subsec. (a)(1) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-34 amended Subsec. (a)(4)(A) by deleting “and an opportunity to be heard”; P.A. 19-17 amended Subsec. (a)(5)(B) by replacing “treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person” with “treatment of a psychiatric disability, unless the person (i) was voluntarily admitted solely for being an alcohol-dependent person or a drug-dependent person”, and adding clause (ii) re police officer who was voluntarily admitted; P.A. 21-67 amended Subsec. (a)(1) by designating existing language re felony as Subpara. (A), replacing “or of a violation of section 21a-279,” with “(B) a misdemeanor violation of section 21a-279 committed on or after October 1, 2015, or (C) a misdemeanor violation of section” and adding “during the preceding twenty years” at the end of newly designated Subpara. (C) and amended Subsec. (a)(6) by adding reference to June 1, 2022, and language re a risk protection order or investigation and making a technical change, effective June 1, 2022; P.A. 23-53 amended Subsec. (a)(1) by adding Subpara. (D) re misdemeanor violation of any law designated as a family violence crime, amended Subsec. (a)(7) by replacing reference to “18 USC 922(g)(4)” with reference to “18 USC 922(g)(2), (g)(4) or (g)(9)” and amended Subsec. (b) by adding “and one day” to length of sentence that may not be suspended or reduced; P.A. 23-89 amended Subsec. (a)(5)(B) by adding provision re commitment under emergency certificate pursuant to Sec. 17a-502 and making a conforming change. Cited. 200 C. 453; 221 C. 915; 227 C. 363; 229 C. 164; Id., 385; 231 C. 235; 234 C. 324; Id., 455; 235 C. 274; Id., 402; 238 C. 389; 242 C. 143; Id., 648; 247 C. 318. Subsec. (a)(3)(A) and Sec. 53a-223(a) are not the same offense, and conviction under both sections for the same transaction does not violate constitutional protection against double jeopardy. 307 C. 1. Cited. 6 CA 189; 11 CA 11; 15 CA 161; Id., 342; 19 CA 48; 26 CA 367; 29 CA 207; 30 CA 249; Id., 340; 33 CA 521; 34 CA 236; 35 CA 781; 36 CA 805; 37 CA 276; 39 CA 82; 40 CA 151; 45 CA 584. Weapons possessed by convicted murderer are contraband and cannot be given away by the convicted murderer. 65 CA 360. Defendant was not entitled to jury instruction that “mere presence in the vicinity of the firearm, however, is not enough to establish possession”. 113 CA 651. Replica antique pistol, which fired a .44 caliber ball propelled by a black powder charge, instead of a bullet from a fixed cartridge, constituted a weapon under section; defendant's claim of implicit “antique gun exception” to prohibitions of section rejected. 49 CS 248. Subsec. (a): Cited. 228 C. 384; 241 C. 413. Cited. 15 CA 330; Id., 749; 19 CA 576; 20 CA 137; 24 CA 685; 30 CA 26; 42 CA 768; 45 CA 390. Court upheld prior rulings that convictions under both Sec. 29-35(a) and Subdiv. (1) do not constitute double jeopardy. 83 CA 377. Fact that the weapon in evidence had a pistol grip and could not be fired from the shoulder was of no consequence because it was a weapon capable of discharging a gunshot and therefore satisfied statutory definition of firearm. 99 CA 183. Conviction under this section and Sec. 53a-223(a) did not violate constitutional protection against double jeopardy because legislature intended multiple punishments for possessing a firearm in violation of a protective order. 122 CA 399; judgment affirmed, see 307 C. 1. An arraignment satisfies section's requirement for notice and an opportunity to be heard prior to issuance of a protective order and legislature did not intend to impose a specific requirement for an evidentiary hearing prior to such issuance. 180 CA 527. Plain and unambiguous use of the language “a firearm”, in the singular, establishes that each possession of a firearm by a convicted felon constitutes a separate, punishable violation. 197 CA 161.