§ 53a-217c — Criminal possession of a pistol or revolver: Class C felony.

Connecticut § 53a-217c

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

Text

(a) A person is guilty of criminal possession of a pistol or revolver when such person possesses a pistol or revolver, as defined in section 29-27, 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 committed 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 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) (A) has been confined prior to October 1, 2013, in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, or 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, (5) 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, (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, (7) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(2), (g)(4) or (g)(9), or (8) is an alien illegally or unlawfully in the United States. For the purposes of this section, “convicted” means having a judgment of conviction entered by a court of competent jurisdiction. (b) Criminal possession of a pistol or revolver is a class C felony, for which two years 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

(July Sp. Sess. P.A. 94-1, S. 3; P.A. 98-129, S. 13; P.A. 99-212, S. 21; P.A. 03-98, S. 5; P.A. 05-147, S. 5; 05-283, S. 3; P.A. 13-3, S. 45; 13-220, S. 16; June Sp. Sess. P.A. 15-2, S. 7; P.A. 16-34, S. 16; P.A. 19-17, S. 6; P.A. 21-67, S. 7; P.A. 23-53, S. 32; 23-89, S. 9.) History: P.A. 98-129 added Subsec. (a)(2) prohibiting the possession of a pistol or revolver by a person who has been convicted as delinquent for the commission of a serious juvenile offense, renumbering the remaining Subdivs. accordingly, and replaced in Subdiv. (4) “hospital for mental illness” with “hospital for persons with psychiatric disabilities”; P.A. 99-212 added Subsec. (a)(6) prohibiting the possession of a pistol or revolver by a person who knows that such person is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice and an opportunity to be heard has been provided to such person, renumbering the remaining Subdiv. accordingly, and made provisions gender neutral; P.A. 03-98 made a technical change in Subsec. (a)(1) and replaced “protective order issued by a court” with “protective order of a court of this state”, and added provisions re foreign order of protection and re order that has been issued against such person in Subsec. (a)(5); P.A. 05-147 amended Subsec. (a)(5) 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)(7) prohibiting the possession of a pistol or revolver by a person who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922 (g)(4) and redesignated existing Subdiv. (7) as Subdiv. (8); P.A. 13-3 amended Subsec. (a)(4) by inserting Subpara. (A) designator, adding “prior to October 1, 2013,” re person confined in hospital for persons with psychiatric disabilities within preceding 12 months by probate court order, adding provision re such confinement on or after October 1, 2013, within preceding 60 months or within preceding 12 months for person who held valid permit or certificate in effect prior to October 1, 2013, and adding Subpara. (B) re person voluntarily admitted within preceding 6 months on or after October 1, 2013, and amended Subsec. (b) to change penalty from class D felony to class C felony for which 2 years of the sentence imposed may not be suspended or reduced by the court and $5,000 of the fine may not be remitted or reduced unless the court states its reasons for remitting or reducing the fine; P.A. 13-220 amended Subsec. (a)(1) to add “committed prior to, on or after October 1, 2013,” re felony and add “committed on or after October 1, 1994,” 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; 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)(5)(A) by deleting “and an opportunity to be heard”; P.A. 19-17 amended Subsec. (a)(4)(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 and had firearm, ammunition or electronic defense weapon used in performance of duties returned; P.A. 21-67 amended Subsec. (a)(1) by designating existing language re felony as Subpara. (A) and 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 replacing “on or after October 1, 1994” with “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 and 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)”; P.A. 23-89 amended Subsec. (a)(4)(B) by adding provision re commitment under emergency certificate pursuant to Sec. 17a-502 and making a conforming change. Operability of the pistol or revolver is not essential element of the offense. 59 CA 112. Where prior felony conviction formed basis of a charge under section, violation of section could not be established without presenting proof of such conviction. 64 CA 384.