CHAPTER 943
OFFENSES AGAINST PUBLIC PEACE AND SAFETY

Table of Contents

Secs. 53-169 to 53-180. Dispersion of riotous assembly. Disturbance of meetings and elections. Refusal to assist public officer. Breach of the peace; intimidation; libel. Indecent or harassing telephone calls. Disorderly conduct. False information concerning bombs. Loitering. Soliciting from occupants of vehicles.
Sec. 53-181. Soliciting rides in motor vehicles.
Sec. 53-182. Use of highways by pedestrians.
Secs. 53-183 to 53-189. Animals on highway, generally. Transportation of wild animals. Signal lights and exhausts or mufflers on motor boats. Reckless operation of motor boats.
Sec. 53-190. Power boats on Killingly Pond, Alexander's Lake or Lake Wononscopomuc.
Sec. 53-191. Motorboats on Bolton Ponds and Gardner's Lake.
Secs. 53-192 and 53-193. Speed of boats in Wethersfield Cove. Lights on boats on Highland Lake.
Sec. 53-194. Preservation of Bantam Lake.
Secs. 53-195 to 53-197. Abandonment or obstruction of engines or cars. Hindering street railway company in use of its tracks. Neglect to close gates and bars at railroad crossings; protection at ferry docks.
Sec. 53-198. Smoking in motor buses, railroad cars and school buses.
Sec. 53-199. Theaters and moving picture shows; seating capacity; standing room.
Sec. 53-200. Prize fighting.
Sec. 53-201. Witnessing or aiding prize fights.
Sec. 53-202. Machine guns.
Sec. 53-202a. Assault weapons: Definition.
Sec. 53-202b. Sale or transfer of assault weapon prohibited. Class C felony.
Sec. 53-202c. Possession of assault weapon prohibited. Class D felony.
Sec. 53-202d. Certificate of possession of assault weapon. Certificate of transfer of assault weapon to gun dealer. Circumstances where possession of assault weapon authorized.
Sec. 53-202e. Relinquishment of assault weapon to law enforcement agency.
Sec. 53-202f. Transportation of assault weapon. Authorized actions of gun dealer.
Sec. 53-202g. Report of theft of assault weapon.
Sec. 53-202h. Temporary transfer or possession of assault weapon for transport to out-of-state event.
Sec. 53-202i. Circumstances in which manufacture or transportation of assault weapons not prohibited.
Sec. 53-202j. Commission of a class A, B or C felony with an assault weapon: Eight-year nonsuspendable sentence.
Sec. 53-202k. Commission of a class A, B or C felony with a firearm: Five-year nonsuspendable sentence.
Sec. 53-202l. Armor piercing and incendiary .50 caliber ammunition: Definition. Sale or transfer prohibited. Class D felony.
Sec. 53-202m. Circumstances when assault weapons exempt from limitations on transfers and registration requirements.
Sec. 53-202n. Possession of specified assault weapon permitted under certain circumstances. Notice requirement.
Sec. 53-202o. Affirmative defense in prosecution for possession of specified assault weapon.
Sec. 53-203. Unlawful discharge of firearms.
Sec. 53-204. Hunting or discharging firearm from public highway.
Sec. 53-205. Shotguns, rifles and muzzleloaders in vehicles and snowmobiles.
Sec. 53-206. Carrying of dangerous weapons prohibited.
Sec. 53-206a. Application for permit. Notice of decision to applicant.
Sec. 53-206b. Unlawful training in use of firearms, explosive or incendiary devices or techniques capable of causing injury. Class C felony.
Sec. 53-206c. Sale, carrying and brandishing of facsimile firearms prohibited. Class B misdemeanor.
Sec. 53-206d. Carrying of firearm while under the influence of intoxicating liquor or drug prohibited. Class B misdemeanor.
Sec. 53-206e. Limitation on sale and use of laser pointers.
Secs. 53-207 to 53-209. Carrying of knife or razor with intent to assault. Removal of danger signal. Abuse of public utility employees.
Sec. 53-209a. Manufacture of chemical, biological or radioactive weapon.
Sec. 53-210. Refusal to relinquish telephone party line.
Sec. 53-211. Use of white canes by others than blind persons prohibited. Vehicles to reduce speed, grant right-of-way.
Sec. 53-212. Use of Roentgen-rays, x-rays and radium.
Sec. 53-212a. Use of fluoroscopic x-ray shoe-fitting devices prohibited.
Secs. 53-212b to 53-214. Use of machinery in proximity to high voltage conductors. Spitting in public places. Pollution of drinking utensils.
Sec. 53-215. Abandonment of refrigerator.
Sec. 53-215a. Manufacture or sale of defective recapped tires.

      Secs. 53-169 to 53-180. Dispersion of riotous assembly. Disturbance of meetings and elections. Refusal to assist public officer. Breach of the peace; intimidation; libel. Indecent or harassing telephone calls. Disorderly conduct. False information concerning bombs. Loitering. Soliciting from occupants of vehicles. Sections 53-169 to 53-180, inclusive, are repealed.

      (1949 Rev., S. 8506-8508, 8510, 8511, 8518, 8519, 8533, 8534, 8639; 1953, S. 3284d; 1957, P.A. 147; 155, S. 1; 1959, P.A. 28, S. 189; 1961, P.A. 15, S. 6; 1963, P.A. 182; February, 1965, P.A. 254, S. 1, 2; 1967, P.A. 656, S. 53; 1969, P.A. 452, S. 5; 828, S. 214.)

      See Sec. 27-60 re limited liability and immunity from arrest of armed forces members called for service in certain circumstances.

      See Sec. 52-237 re damages in libel actions.

      See Secs. 53a-59 to 53a-62, inclusive, re assault.

      See Sec. 53a-107 re criminal trespass in the first degree.

      See Sec. 53a-167b re failure to assist peace officer or fireman.

      See Secs. 53a-180 to 53a-180b, inclusive, re false reporting of incidents, breach of peace, creating public disturbance, disorderly conduct, harassment and related offenses.

      See Sec. 53a-185 re loitering on school grounds.

      See annotations to chapter 952, parts V and XIV.

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      Sec. 53-181. Soliciting rides in motor vehicles. Any person who, while on or within the limits of the traveled portion of any public highway, solicits a ride in a motor vehicle, other than a public service motor bus or taxicab, except in case of accident or emergency, shall be deemed to have committed an infraction and be fined thirty-five dollars, except that any person may, while on or within the shoulder portion of any public highway, except a limited access highway, solicit such a ride.

      (1949 Rev., S. 8512; P.A. 75-220, S. 1, 2; P.A. 82-223, S. 28; P.A. 83-577, S. 32.)

      History: P.A. 75-220 added exception allowing hitchhiking on shoulders of public highways other than limited access highways; P.A. 82-223 specified that violation of the section constituted an infraction and changed the fine from "not more than ten" to twenty-five dollars; P.A. 83-577 increased the fine from twenty-five to thirty-five dollars.

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      Sec. 53-182. Use of highways by pedestrians. Any pedestrian who uses any street or highway negligently or recklessly or fails to obey the signal of any traffic officer, pedestrian control, sign, signal, marking or device or recklessly disregards his own safety or the safety of any person by the manner of his use of any street or highway shall be deemed to have committed an infraction and be fined not less than thirty-five dollars nor more than fifty dollars.

      (1949 Rev., S. 8513; February, 1965, P.A. 448, S. 42; P.A. 82-223, S. 29; P.A. 83-577, S. 33.)

      History: 1965 act deleted the word "wilfully" before "fails to obey the signal," added the words "pedestrian control, sign, signal, marking or device" and substituted reference to the penalty in section 14-296 for a specific penalty of not less than two nor more than twenty-five dollars; P.A. 82-223 specified that violation of the section constituted an infraction and replaced the penalty provision with minimum and maximum fine amounts; P.A. 83-577 increased the minimum fine from twenty-five to thirty-five dollars.

      See Sec. 14-300 re crosswalks, regulation of pedestrian traffic, etc.

      Pedestrian standing in street awaiting approach of trolley car and not looking for one minute in direction from which an automobile was approaching held not necessarily negligent under this statute; question of fact for jury. 99 C. 2; id., 11. Not necessary to charge as to full terms and effect of this statute when so much of statute as was applicable was explained in charge on contributory negligence. 103 C. 552. As regards negligence, statute establishes no other standards than those of the common law. 116 C. 53; 127 C. 159; 128 C. 584. Cited. 144 C. 449. Cited. 239 C. 235.

      Cited. 39 CA 579, 583.

      Interest of state in enforcing its traffic laws outweighs defendant's interest in stopping traffic to distribute literature. 33 CS 725. Terms "negligent" and "reckless" have precise legal definition. Id., 725, 727.

      Cited. 6 Conn. Cir. Ct. 584.

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      Secs. 53-183 to 53-189. Animals on highway, generally. Transportation of wild animals. Signal lights and exhausts or mufflers on motor boats. Reckless operation of motor boats. Sections 53-183 to 53-189, inclusive, are repealed.

      (1949 Rev., S. 4152-4154, 8535-8538; 1959, P.A. 28, S. 135; 1961, P.A. 520, S. 20; 1969, P.A. 828, S. 214.)

      See chapter 268 (Sec. 15-121 et seq.) re boating, generally.

      See Sec. 53a-182 re disorderly conduct.

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      Sec. 53-190. Power boats on Killingly Pond, Alexander's Lake or Lake Wononscopomuc. Any person who operates a boat propelled in whole or in part by an internal combustion engine or an explosive engine with a total piston displacement in excess of twelve cubic inches either on Killingly Pond or Alexander's Lake, in the town of Killingly, or on Lake Wononscopomuc, in the town of Salisbury, shall have committed an infraction. The town marine officers of Killingly and Salisbury may enforce the provisions of this section within their respective jurisdictions. The East Killingly fire department may operate on Killingly Pond, for training and rescue purposes, a boat that is propelled by an engine with a total piston displacement in excess of the limit established by this section upon the approval of the Commissioner of Environmental Protection.

      (1949 Rev., S. 8514; P.A. 86-89, S. 2, 4.)

      History: P.A. 86-89 made violations an infraction, authorized enforcement by town marine officers of Killingly and Salisbury and authorized operation of a training boat on Killingly Pond by the East Killingly fire department.

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      Sec. 53-191. Motorboats on Bolton Ponds and Gardner's Lake. (a) Any person who operates a boat having a motor or engine of more than six horsepower, in the upper and lower ponds of the Willimantic reservoir, known also as Bolton Ponds, in the towns of Bolton, Vernon and Coventry, shall have committed an infraction. The town marine officers of Bolton, Vernon and Coventry may enforce the provisions of this section.

      (b) Any person who between sunset and eight o'clock in the morning operates a boat in excess of six miles per hour on Gardner's Lake in the towns of Salem, Montville and Bozrah shall have committed an infraction. The town marine officers of Salem, Montville and Bozrah may enforce the provisions of this section.

      (1949 Rev., S. 8515; 1949, S.A. 295; 1961, P.A. 557; P.A. 86-89, S. 3, 4.)

      History: 1961 act added words "between sunset and sunrise" to subsection (b); P.A. 86-89 replaced provisions imposing fifty-dollar fine for violation with provisions making violations an infraction, specified that town marine officers of towns bordering lakes have enforcement powers and amended Subsec. (b) to prohibit the operation of a motorboat in excess of six miles per hour between sunset and eight o'clock in the morning, where before the operation of a boat with an engine greater than seven horsepower between sunset and sunrise was prohibited.

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      Secs. 53-192 and 53-193. Speed of boats in Wethersfield Cove. Lights on boats on Highland Lake. Sections 53-192 and 53-193 are repealed.

      (1949 Rev., S. 4155; 1953, S. 3291d; 1961, P.A. 520, S. 20.)

      See chapter 268 (Sec. 15-121 et seq.) re boating, generally.

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      Sec. 53-194. Preservation of Bantam Lake. Any person who, by himself or his agent, draws off or causes to be drawn off the waters of Bantam Lake in the judicial district of Litchfield, below the natural water level of said lake, by excavating or otherwise lowering the outlet of said lake, shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned not more than one year or be both fined and imprisoned.

      (1949 Rev., S. 4156; P.A. 78-280, S. 113, 127.)

      History: P.A. 78-280 substituted "judicial district of Litchfield" for "Litchfield county".

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      Secs. 53-195 to 53-197. Abandonment or obstruction of engines or cars. Hindering street railway company in use of its tracks. Neglect to close gates and bars at railroad crossings; protection at ferry docks. Sections 53-195 to 53-197, inclusive, are repealed.

      (1949 Rev., S. 8525-8527, 8631; 1969, P.A. 828, S. 214.)

      See Sec. 53a-109 re third degree criminal trespass.

      See Secs. 53a-115 to 53a-117a, inclusive, re criminal mischief.

      See Sec. 53a-181 re breach of peace.

      See Sec. 53a-182 re disorderly conduct.

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      Sec. 53-198. Smoking in motor buses, railroad cars and school buses. No passenger while traveling upon, and no employee while engaged in the operation of, a common carrier motor bus, passenger railroad car or school bus, as defined in section 14-275, shall have a lighted cigarette, cigar or pipe in his possession. This section shall not apply to any special bus or to any compartment or part of a regular bus or passenger railroad car especially provided or set apart for smoking therein. Violation of any provision of this section shall be an infraction.

      (1949 Rev., S. 8529; 1959, P.A. 75; P.A. 73-90; P.A. 85-136.)

      History: 1959 act included school buses; P.A. 73-90 specified applicability to passenger railroad cars and raised maximum fine from ten to twenty-five dollars; P.A. 85-136 changed the penalty for a violation of provisions of section from a fine of not more than twenty-five dollars to an infraction.

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      Sec. 53-199. Theaters and moving picture shows; seating capacity; standing room. No person owning, managing or conducting any place where any moving picture or theatrical production is exhibited shall sell any admission ticket or charge or receive any admission fee or collect or receive any valuable thing from any person after the seating capacity of such place has been exhausted, unless, at the time of such sale, charge, receipt or collection, the person making such sale, charge or collection or receiving such admission fee or valuable thing distinctly announces to the person making such purchase, or from whom such charge or collection is made or fee or valuable thing received, that standing room only is available. The state police shall, in order to insure safety and health, limit the number of persons that may occupy standing room in each place where any moving picture or theatrical production is exhibited, and shall require the person owning, managing or conducting such place to display conspicuously, at each entrance thereto, a placard upon which shall be plainly printed such standing room capacity. Any person who violates any provision of this section or any order of the Commissioner of Public Safety made pursuant thereto limiting the number of persons that may occupy standing room in a theater where any moving picture or theatrical production is exhibited, or who fails to display conspicuously, at the entrance thereto, a placard on which shall be plainly printed such standing room capacity, shall be fined not more than fifty dollars or imprisoned not more than thirty days or both.

      (1949 Rev., S. 8528; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136.)

      History: P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979, but language was not changed to reflect the fact under discretionary codification powers granted by P.A. 78-303.

      See chapter 531 (Sec. 29-109 et seq.) re moving pictures, generally.

      Superior court held to have no original jurisdiction of violation in city of New Haven. 97 C. 600 et seq.

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      Sec. 53-200. Prize fighting. Any person who is principal or second in any prize fight in this state shall be imprisoned not more than five years or fined not more than one thousand dollars or both. A contest in which blows are struck which are intended or calculated to stun, disable or knock out either of the contestants, or in which either contestant is counted out or otherwise declared defeated because of failure to resume the contest within a certain time, shall be deemed a prize fight within the meaning of this section. The provisions of this section shall not apply to boxing exhibitions held or conducted under the laws of this state, or to wrestling bouts or amateur boxing exhibitions held under the provisions of section 21a-196, or under the supervision of any school, college or university having an academic course of study or of the recognized athletic association connected with such school, college or university.

      (1949 Rev., S. 8516; February, 1965, P.A. 617, S. 11; 1967, P.A. 787, S. 3; 1972, P.A. 55, S. 12; P.A. 85-293, S. 9; P.A. 96-259, S. 13.)

      History: 1965 act deleted exception allowing professional boxing exhibitions under permit and made specific provision for amateur boxing exhibitions; 1967 act added exception for exhibitions under section 19-327; 1972 act exempted boxing exhibitions from provisions of section and deleted proviso which had stated that boxing exhibitions would be exempt "at such time as they are regulated by an agency of the United States government"; P.A. 85-293 deleted reference to consumer protection commissioner's power to grant permits for wrestling bouts; P.A. 96-259 made technical grammatical change in reference to wrestling bouts or amateur boxing exhibitions where section does not apply.

      See chapter 419e (Sec. 21a-195a et seq.) re boxing and wrestling, generally.

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      Sec. 53-201. Witnessing or aiding prize fights. Any person who is present at any prize fight, to aid, abet or assist therein, or give countenance thereto, or who aids or encourages such fight in this state, without being present thereat, shall be imprisoned not more than two years or fined not more than five hundred dollars or both. The provisions of this section shall not apply to boxing exhibitions held or conducted under the laws of this state, or to wrestling bouts, or to amateur boxing exhibitions held under the provisions of section 21a-196 or the supervision of any school, college or university having an academic course of study or of the recognized athletic association connected with such school, college or university.

      (1949 Rev., S. 8517; February, 1965, P.A. 617, S. 12; 1967, P.A. 787, S. 4; 1972, P.A. 55, S. 13; P.A. 85-293, S. 10.)

      History: 1965 act deleted exception allowing professional boxing exhibitions under permit and made specific provision for amateur boxing exhibitions; 1967 act added exception for exhibitions under section 19-327; 1972 act specified that provisions do not apply to boxing exhibitions; P.A. 85-293 deleted reference to power of commissioner of consumer protection to grant permits for wrestling bouts.

      See chapter 419e (Sec. 21a-195a et seq.) re boxing and wrestling, generally.

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      Sec. 53-202. Machine guns. (a) As used in this section: (1) "Machine gun" shall apply to and include a weapon of any description, loaded or unloaded, which shoots, is designed to shoot or can be readily restored to shoot automatically more than one projectile, without manual reloading, by a single function of the trigger, and shall also include any part or combination of parts designed for use in converting a weapon into a machine gun and any combination of parts from which a machine gun can be assembled if such parts are in the possession of or under the control of a person. (2) "Crime of violence" shall apply to and include any of the following-named crimes or an attempt to commit any of the same: Murder, manslaughter, kidnapping, sexual assault and sexual assault with a firearm, assault in the first or second degree, robbery, burglary, larceny and riot in the first degree. (3) "Projectile" means any size bullet that when affixed to any cartridge case may be propelled through the bore of a machine gun.

      (b) Any person who possesses or uses a machine gun in the perpetration or attempted perpetration of a crime of violence shall be imprisoned not less than ten years nor more than twenty years.

      (c) Any person who possesses or uses a machine gun for an offensive or aggressive purpose shall be fined not more than one thousand dollars or imprisoned not less than five years nor more than ten years or be both fined and imprisoned.

      (d) The possession or use of a machine gun shall be presumed to be for an offensive or aggressive purpose: (1) When the machine gun is on premises not owned or rented, for bona fide permanent residence or business occupancy, by the person in whose possession the machine gun was found; or (2) when in the possession of, or used by, an unnaturalized foreign-born person, or a person who has been convicted of a crime of violence in any state or federal court of record of the United States of America, its territories or insular possessions; or (3) when the machine gun is of the kind described in subsection (g) hereof and has not been registered as therein required; or (4) when empty or loaded projectiles of any caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity thereof.

      (e) The presence of a machine gun in any room, boat or vehicle shall be presumptive evidence of the possession or use of the machine gun by each person occupying such room, boat or vehicle.

      (f) Each manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer. Such register shall show the model and serial number, and the date of manufacture, sale, loan, gift, delivery or receipt, of each machine gun, the name, address and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom it was received and the purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given or delivered. Upon demand, any manufacturer shall permit any marshal or police officer to inspect such manufacturer's entire stock of machine guns, and parts and supplies therefor, and shall produce the register, herein required, for inspection. Any person who violates any provision of this subsection shall be fined not more than two thousand dollars.

      (g) Each machine gun in this state adapted to use projectiles of any caliber shall be registered in the office of the Commissioner of Public Safety within twenty-four hours after its acquisition and, thereafter, annually, on July first. Blanks for registration shall be prepared by said commissioner and furnished upon application. To comply with this subsection, the application as filed shall show the model and serial number of the gun, the name, address and occupation of the person in possession, and from whom and the purpose for which the gun was acquired. The registration data shall not be subject to inspection by the public. Any person who fails to register any gun as required hereby shall be presumed to possess the same for an offensive or aggressive purpose. The provisions of this subsection shall not apply to any machine gun which has been registered under the provisions of subsection (f) and which is still in the actual possession of the manufacturer.

      (h) No provision of this section shall apply to: (1) The manufacture of machine guns for sale or transfer to the United States government, to any state, territory or possession of the United States or to any political subdivision thereof or to the District of Columbia; (2) the possession of a machine gun rendered inoperable by welding of all critical functioning parts and possessed as a curiosity, ornament or keepsake; or (3) a machine gun acquired, transferred or possessed in accordance with the National Firearms Act, as amended, provided such machine gun shall be subject to the provisions of subsection (g) of this section.

      (1949 Rev., S. 8509; 1963, P.A. 652, S. 10; P.A. 76-336, S. 19; P.A. 77-614, S. 486, 610; P.A. 84-200; P.A. 00-99, S. 118, 154; P.A. 01-195, S. 69, 181.)

      History: 1963 act deleted provisions re issuance of search warrant and order for confiscation; P.A. 76-336 redefined "crime of violence" to delete rape, mayhem, housebreaking, breaking and entering and assault "to do great bodily harm" and to add sexual assault, sexual assault with a firearm and assault in the first or second degree; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 84-200 replaced numeric Subsec. indicators with alphabetic indicators, replaced alphabetic Subdiv. indicators with numeric indicators, amended Subsec. (a) by redefining machine gun, including riot in the first degree as a crime of violence and adding a definition of "projectile", amended Subsec. (b) by providing a minimum term of imprisonment of ten years, amended Subsec. (c) by providing a maximum fine of one thousand dollars and a minimum term of imprisonment of five years or both a fine and imprisonment, amended Subsecs. (d) and (g) by replacing pistol shells or cartridges of thirty or larger caliber with "projectiles of any caliber", and amended Subsec. (h) by adding Subdivs. (2) and (3) re exceptions for machine guns rendered inoperable by welding of all critical functioning parts and machine guns acquired, transferred or possessed in accordance with the National Firearms Act; P.A. 00-99 deleted reference to sheriff in Subsec. (f), effective December 1, 2000; P.A. 01-195 made technical changes in Subsec. (f), effective July 11, 2001.

      See Secs. 29-27 to 29-38, inclusive, re permits for pistols and revolvers.

      See Sec. 54-33a et seq. re searches.

      Cited. 237 C. 348, 350, 352, 355, 356, 359, 361.

      Cited. 9 CA 330, 337. Cited. 17 CA 556, 560. Cited. 25 CA 433, 445. Cited. 44 CA 40.

      Subsec. (c):

      Cited. 224 C. 163, 164. Cited. 237 C. 348-350, 352, 355, 362, 363.

      Cited. 26 CA 698, 699.

      Subsec. (d):

      Cited. 237 C. 348, 349, 351, 352, 357, 359. Subdiv. (3) cited. Id., 348, 352, 355, 359. Subdiv. (4) cited. Id., 348, 352, 355, 359.

      Subsec. (e):

      Cited. 237 C. 348, 349, 351, 352, 355, 357, 359, 360, 364.

      Cited. 44 CA 40.

      Subsec. (g):

      Cited. 237 C. 348, 349, 351, 352, 355, 357, 359.

      Cited. 44 CA 40.

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      Sec. 53-202a. Assault weapons: Definition. (a) As used in this section and sections 53-202b to 53-202k, inclusive, "assault weapon" means:

      (1) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol;

      (2) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (1) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (1) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person;

      (3) Any semiautomatic firearm not listed in subdivision (1) of this subsection that meets the following criteria:

      (A) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following:

      (i) A folding or telescoping stock;

      (ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

      (iii) A bayonet mount;

      (iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

      (v) A grenade launcher; or

      (B) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following:

      (i) An ammunition magazine that attaches to the pistol outside of the pistol grip;

      (ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer;

      (iii) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

      (iv) A manufactured weight of fifty ounces or more when the pistol is unloaded; and

      (v) A semiautomatic version of an automatic firearm; or

      (C) A semiautomatic shotgun that has at least two of the following:

      (i) A folding or telescoping stock;

      (ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

      (iii) A fixed magazine capacity in excess of five rounds; and

      (iv) An ability to accept a detachable magazine; or

      (4) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (3) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (3) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person.

      (b) As used in this section and sections 53-202b to 53-202k, inclusive, the term "assault weapon" does not include any firearm modified to render it permanently inoperable.

      (P.A. 93-306, S. 1; P.A. 01-130, S. 1.)

      History: P.A. 01-130 amended Subsec. (a) to delete reference to Sec. 53a-46a(h), make technical changes in Subdiv. (2) and add Subdivs. (3) and (4) re physical characteristics criteria applicable to definition of "assault weapon" and amended Subsec. (b) to delete reference to Sec. 53a-46a(h).

      Cited. 234 C. 455-459, 472, 484, 485, 487. Cited. 242 C. 143.

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      Sec. 53-202b. Sale or transfer of assault weapon prohibited. Class C felony. (a) (1) Any person who, within this state, distributes, transports or imports into the state, keeps for sale, or offers or exposes for sale, or who gives any assault weapon, except as provided by sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a, shall be guilty of a class C felony and shall be sentenced to a term of imprisonment of which two years may not be suspended or reduced.

      (2) Any person who transfers, sells or gives any assault weapon to a person under eighteen years of age in violation of subdivision (1) of this subsection shall be sentenced to a term of imprisonment of six years, which shall not be suspended or reduced and shall be in addition and consecutive to the term of imprisonment imposed under subdivision (1) of this subsection.

      (b) The provisions of subsection (a) of this section shall not apply to:

      (1) The sale of assault weapons to the Department of Public Safety, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties;

      (2) A person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under section 53-202d which is disposed of as authorized by the Probate Court, if the disposition is otherwise permitted by sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a;

      (3) The transfer by bequest or intestate succession of an assault weapon for which a certificate of possession has been issued under section 53-202d.

      (P.A. 93-306, S. 2.)

      Cited. 234 C. 455, 457, 473, 487. Cited. 242 C. 143.

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      Sec. 53-202c. Possession of assault weapon prohibited. Class D felony. (a) Except as provided in section 53-202e, any person who, within this state, possesses any assault weapon, except as provided in sections 29-37j, 53-202a to 53-202k, inclusive, and 53-202o and subsection (h) of section 53a-46a, shall be guilty of a class D felony and shall be sentenced to a term of imprisonment of which one year may not be suspended or reduced; except that a first-time violation of this subsection shall be a class A misdemeanor if (1) the person presents proof that he lawfully possessed the assault weapon prior to October 1, 1993, and (2) the person has otherwise possessed the firearm in compliance with subsection (d) of section 53-202d.

      (b) The provisions of subsection (a) of this section shall not apply to the possession of assault weapons by members or employees of the Department of Public Safety, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties; nor shall anything in sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a prohibit the possession or use of assault weapons by sworn members of these agencies when on duty and the use is within the scope of their duties.

      (c) The provisions of subsection (a) of this section shall not apply to the possession of an assault weapon by any person prior to July 1, 1994, if all of the following are applicable:

      (1) The person is eligible under sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a to apply for a certificate of possession for the assault weapon by July 1, 1994;

      (2) The person lawfully possessed the assault weapon prior to October 1, 1993; and

      (3) The person is otherwise in compliance with sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a.

      (d) The provisions of subsection (a) of this section shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under section 53-202d, if the assault weapon is possessed at a place set forth in subdivision (1) of subsection (d) of section 53-202d or as authorized by the Probate Court.

      (P.A. 93-306, S. 3; P.A. 02-120, S. 5.)

      History: P.A. 02-120 amended Subsec. (a) to add reference to Sec. 53-202o, effective June 7, 2002.

      Cited. 234 C. 455, 457, 473, 474, 487. Cited. 242 C. 143.

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      Sec. 53-202d. Certificate of possession of assault weapon. Certificate of transfer of assault weapon to gun dealer. Circumstances where possession of assault weapon authorized. (a) Any person who lawfully possesses an assault weapon, as defined in section 53-202a, prior to October 1, 1993, shall apply by October 1, 1994, or, if such person is a member of the military or naval forces of this state or of the United States and is unable to apply by October 1, 1994, because he or she is or was on official duty outside of this state, shall apply within ninety days of returning to the state to the Department of Public Safety, for a certificate of possession with respect to such assault weapon. The certificate shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth and thumbprint of the owner, and any other information as the department may deem appropriate. The department shall adopt regulations in accordance with the provisions of chapter 54 not later than January 1, 1994, to establish procedures with respect to the application for and issuance of certificates of possession pursuant to this section. Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a certificate of possession shall be confidential and shall not be disclosed, except such records may be disclosed to (1) law enforcement agencies, and (2) the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.

      (b) No assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1994, to any person within this state other than to a licensed gun dealer, as defined in subsection (d) of section 53-202f, or as provided in section 53-202e, or by bequest or intestate succession. Any person who obtains title to an assault weapon for which a certificate of possession has been issued under this section by bequest or intestate succession shall, within ninety days of obtaining title, apply to the Department of Public Safety for a certificate of possession as provided in subsection (a) of this section, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer or remove the weapon from the state. Any person who moves into the state in lawful possession of an assault weapon, shall, within ninety days, either render the weapon permanently inoperable, sell the weapon to a licensed gun dealer or remove the weapon from this state, except any person who is a member of the military or naval forces of this state or of the United States, is in lawful possession of an assault weapon and has been transferred into the state after October 1, 1994, may, within ninety days of arriving in the state, apply to the Department of Public Safety for a certificate of possession with respect to such assault weapon.

      (c) If an owner of an assault weapon sells or transfers the weapon to a licensed gun dealer, he shall, at the time of delivery of the weapon, execute a certificate of transfer and cause the certificate to be mailed or delivered to the Commissioner of Public Safety. The certificate shall contain: (1) The date of sale or transfer; (2) the name and address of the seller or transferor and the licensed gun dealer, their social security numbers or motor vehicle operator license numbers, if applicable; (3) the licensed gun dealer's federal firearms license number and seller's permit number; (4) a description of the weapon, including the caliber of the weapon and its make, model and serial number; and (5) any other information the commissioner prescribes. The licensed gun dealer shall present his motor vehicle operator's license or social security card, federal firearms license and seller's permit to the seller or transferor for inspection at the time of purchase or transfer. The Commissioner of Public Safety shall maintain a file of all certificates of transfer at his central office.

      (d) A person who has been issued a certificate of possession of an assault weapon under this section may possess it only under the following conditions:

      (1) At that person's residence, place of business or other property owned by that person, or on property owned by another with the owner's express permission;

      (2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets;

      (3) While on a target range which holds a regulatory or business license for the purpose of practicing shooting at that target range;

      (4) While on the premises of a licensed shooting club;

      (5) While attending any exhibition, display or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms; or

      (6) While transporting the assault weapon between any of the places mentioned in this subsection, or to any licensed gun dealer, as defined in subsection (d) of section 53-202f, for servicing or repair pursuant to subsection (c) of section 53-202f, provided the assault weapon is transported as required by section 53-202f.

      (P.A. 93-306, S. 4; July Sp. Sess. P.A. 94-1, S. 19, 20; P.A. 98-129, S. 8.)

      History: July Sp. Sess. P.A. 94-1 amended Subsec. (a) to extend from July 1, 1994, to October 1, 1994, the deadline for applying for a certificate of possession and add provision requiring any member of the military or naval forces who is unable to apply by said date due to official duty outside of the state to apply within ninety days of returning to the state and amended Subsec. (b) to add exception authorizing any member of the military or naval forces in lawful possession of an assault weapon who is transferred into the state after October 1, 1994 to apply for a certificate of possession within ninety days of arriving in the state, effective July 7, 1994; P.A. 98-129 amended Subsec. (a) to add Subdiv. (2) authorizing disclosure of such records to the Commissioner of Mental Health and Addiction Services to carry out the provisions of Sec. 17a-500(c).

      Cited. 234 C. 455, 457, 473, 474, 487. Cited. 242 C. 143.

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      Sec. 53-202e. Relinquishment of assault weapon to law enforcement agency. Any individual may arrange in advance to relinquish an assault weapon to a police department or the Department of Public Safety. The assault weapon shall be transported in accordance with the provisions of section 53-202f.

      (P.A. 93-306, S. 5.)

      Cited. 234 C. 455, 457, 487. Cited. 242 C. 143.

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      Sec. 53-202f. Transportation of assault weapon. Authorized actions of gun dealer. (a) While transporting an assault weapon between any of the places mentioned in subdivisions (1) to (6), inclusive, of subsection (d) of section 53-202d, no person shall carry a loaded assault weapon concealed from public view or knowingly have, in any motor vehicle owned, operated or occupied by him (1) a loaded assault weapon, or (2) an unloaded assault weapon unless such weapon is kept in the trunk of such vehicle or in a case or other container which is inaccessible to the operator of or any passenger in such vehicle. Any person who violates the provisions of this subsection shall be fined not more than five hundred dollars or imprisoned not more than three years or both.

      (b) Any licensed gun dealer, as defined in subsection (d) of this section, who lawfully possesses an assault weapon pursuant to section 53-202d, in addition to the uses allowed in section 53-202d, may transport the assault weapon between dealers or out of the state, display it at any gun show licensed by a state or local governmental entity or sell it to a resident outside the state. Any transporting of the assault weapon allowed by this subsection must be done as required by subsection (a) of this section.

      (c) (1) Any licensed gun dealer, as defined in subsection (d) of this section, may take possession of any assault weapon for the purposes of servicing or repair from any person to whom has been issued a certificate of possession for such weapon pursuant to sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a.

      (2) Any licensed gun dealer may transfer possession of any assault weapon received pursuant to subdivision (1) of this subsection, to a gunsmith for purposes of accomplishing service or repair of the same. Transfers are permissible only to the following persons:

      (A) A gunsmith who is in the dealer's employ;

      (B) A gunsmith with whom the dealer has contracted for gunsmithing services, provided the gunsmith receiving the assault weapon holds a dealer's license issued pursuant to Chapter 44, commencing with Section 921, of Title 18 of the United States Code and the regulations issued pursuant thereto.

      (d) The term "licensed gun dealer", as used in sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a means a person who has a federal firearms license and a permit to sell firearms pursuant to section 29-28.

      (P.A. 93-306, S. 6.)

      History: (Revisor's note: In Subdiv. (2)(B) of Subsec. (c) the words "with whom" were substituted for "who" editorially by the Revisors for grammatical accuracy).

      Cited. 234 C. 455, 457, 487. Cited. 242 C. 143.

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      Sec. 53-202g. Report of theft of assault weapon. Any person who lawfully possesses an assault weapon under sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a that is stolen from him shall report the theft to law enforcement authorities within seventy-two hours of when such person discovered or should have discovered the theft.

      (P.A. 93-306, S. 7.)

      Cited. 234 C. 455, 457, 487. Cited. 242 C. 143.

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      Sec. 53-202h. Temporary transfer or possession of assault weapon for transport to out-of-state event. The provisions of subsection (a) of section 53-202b and subsection (a) of section 53-202c shall not apply to the temporary transfer or possession of an assault weapon, for which a certificate of possession has been issued pursuant to section 53-202d, for purposes of transporting such weapon to and from any shooting competition or exhibition, display or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms, which competition, exhibition, display or educational project is held outside this state.

      (P.A. 93-306, S. 10.)

      Cited. 234 C. 455, 457, 487. Cited. 242 C. 143.

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      Sec. 53-202i. Circumstances in which manufacture or transportation of assault weapons not prohibited. Nothing in sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a shall be construed to prohibit any person, firm or corporation engaged in the business of manufacturing assault weapons in this state from manufacturing or transporting assault weapons in this state for sale within this state in accordance with subdivision (1) of subsection (b) of section 53-202b or for sale outside this state.

      (P.A. 93-306, S. 11.)

      Cited. 234 C. 455, 457, 487. Cited. 242 C. 143.

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      Sec. 53-202j. Commission of a class A, B or C felony with an assault weapon: Eight-year nonsuspendable sentence. Any person who commits any class A, B or C felony and in the commission of such felony uses, or is armed with and threatens the use of, or displays, or represents by his words or conduct that he possesses an assault weapon, as defined in section 53-202a, shall be imprisoned for a term of eight years, which shall not be suspended or reduced and shall be in addition and consecutive to any term of imprisonment imposed for conviction of such felony.

      (P.A. 93-306, S. 8.)

      Cited. 234 C. 455, 457, 487. Cited. 242 C. 143.

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      Sec. 53-202k. Commission of a class A, B or C felony with a firearm: Five-year nonsuspendable sentence. Any person who commits any class A, B or C felony and in the commission of such felony uses, or is armed with and threatens the use of, or displays, or represents by his words or conduct that he possesses any firearm, as defined in section 53a-3, except an assault weapon, as defined in section 53-202a, shall be imprisoned for a term of five years, which shall not be suspended or reduced and shall be in addition and consecutive to any term of imprisonment imposed for conviction of such felony.

      (P.A. 93-306, S. 9.)

      Cited. 234 C. 455, 457, 487. Cited. 241 C. 665. Section is a sentence enhancer rather than a separate offense; a separate conviction under section is improper. 242 C. 143. When jury convicts based on an underlying felony, jury must also determine issue of whether a firearm was used in commission of the felony. 253 C. 210. Unarmed accomplice is subject to an enhanced penalty under this section. 255 C. 782. Where court failed to instruct jury as to elements of statute which provided for enhancement of sentence, enhanced sentence was vacated and case remanded for trial on that issue. 256 C. 785. Based on plain language of section, its legislative history, and prior court decisions interpreting its provisions, application of sentence enhancement to manslaughter in the first degree with a firearm, a class B felony, does not violate double jeopardy. 257 C. 544. Based on section's language and its legislative history, trial court properly applied section's sentence enhancement to defendant's split sentence. Id. State need not prove that firearm was capable of discharging a shot to apply statute as sentence enhancement. 259 C. 799. Section imposes separate enhancements of five years each where defendant is convicted of multiple qualifying felonies arising from the same incident. 263 C. 136.

      Cited. 43 CA 801. Cited. 44 CA 561. Cited. 48 CA 361. Since section is sentence enhancement provision and not a separate crime, conviction under section must be vacated. 49 CA 420. Trial court improperly rendered judgment convicting defendant of the crime of commission of class A, B or C felony with a firearm because statute does not establish a separate criminal offense but is a sentence enhancement provision. 51 CA 171. Section intended to serve as sentence enhancement provision, not as a separate crime. Id., 541. Reaffirmed ruling that statute is sentence enhancement provision and not a separate crime. 52 CA 599. Reaffirmed prior holdings that statute is sentence enhancement provision and not a separate crime. 54 CA 18. Under this section, state is not required to demonstrate that defendant actually has gun, but that defendant represented, by words or conduct, that he was holding a gun. 60 CA 487. Failure to instruct jury re elements of statute was harmless error, since evidence against defendant was overwhelming and uncontested, and not violative of due process. 61 CA 417. Trial court determination that defendant fulfilled requirements of sentence enhancement pursuant to this statute results in harmless error if jury would have, upon proper instruction, reached the same determination. 65 CA 551. Statute permits multiple enhancements. 69 CA 717. Failure of court to instruct jury that finding defendant used a firearm was harmless error where state has proven the elements necessary for the sentence enhancement. 74 CA 129. Plaintiff's claim that trial court did not put issue of enhancement under statute to the jury was harmless error since verdict required finding that the murder was committed with a firearm. Id., 391. Court declines to create a presumption of prosecutorial vindictiveness when the state seeks sentence enhancement pursuant to this section after defendant elects a jury trial. Sentence enhancement pursuant to this section not treated as essential element of the statute and state need only prove to jury the two elements of the statute and is not required to prove that length of defendant's incarceration should be increased. 81 CA 824.

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      Sec. 53-202l. Armor piercing and incendiary .50 caliber ammunition: Definition. Sale or transfer prohibited. Class D felony. (a) For the purposes of this section:

      (1) "Armor piercing .50 caliber bullet" means any .50 caliber bullet that is (A) designed for the purpose of, (B) held out by the manufacturer or distributor as, or (C) generally recognized as having a specialized capability to penetrate armor or bulletproof glass, including, but not limited to, such bullets commonly designated as "M2 Armor-Piercing" or "AP", "M8 Armor-Piercing Incendiary" or "API", "M20 Armor-Piercing Incendiary Tracer" or "APIT", "M903 Caliber .50 Saboted Light Armor Penetrator" or "SLAP", or "M962 Saboted Light Armor Penetrator Tracer" or "SLAPT".

      (2) "Incendiary .50 caliber bullet" means any .50 caliber bullet that is (A) designed for the purpose of, (B) held out by the manufacturer or distributor as, or (C) generally recognized as having a specialized capability to ignite upon impact, including, but not limited to, such bullets commonly designated as "M1 Incendiary", "M23 Incendiary", "M8 Armor-Piercing Incendiary" or "API", or "M20 Armor-Piercing Incendiary Tracer" or "APIT".

      (b) Any person who knowingly distributes, transports or imports into the state, keeps for sale or offers or exposes for sale or gives to any person any ammunition that is an armor piercing .50 caliber bullet or an incendiary .50 caliber bullet shall be guilty of a class D felony, except that a first-time violation of this subsection shall be a class A misdemeanor.

      (c) The provisions of subsection (b) of this section shall not apply to the following:

      (1) The sale of such ammunition to the Department of Public Safety, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties;

      (2) A person who is the executor or administrator of an estate that includes such ammunition that is disposed of as authorized by the Probate Court; or

      (3) The transfer by bequest or intestate succession of such ammunition.

      (d) If the court finds that a violation of this section is not of a serious nature and that the person charged with such violation (1) will probably not offend in the future, (2) has not previously been convicted of a violation of this section, and (3) has not previously had a prosecution under this section suspended pursuant to this subsection, it may order suspension of prosecution in accordance with the provisions of subsection (h) of section 29-33.

      (P.A. 01-130, S. 2; P.A. 03-19, S. 122.)

      History: P.A. 03-19 made technical changes in Subsec. (a), effective May 12, 2003.

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      Sec. 53-202m. Circumstances when assault weapons exempt from limitations on transfers and registration requirements. Notwithstanding any provision of the general statutes, sections 53-202a to 53-202l, inclusive, shall not be construed to limit the transfer or require the registration of an assault weapon as defined in subdivision (3) or (4) of subsection (a) of section 53-202a, provided such firearm was legally manufactured prior to September 13, 1994.

      (P.A. 01-130, S. 3.)

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      Sec. 53-202n. Possession of specified assault weapon permitted under certain circumstances. Notice requirement. (a) For the purposes of subsection (a) of section 53-202c, this section and section 53-202o, "specified assault weapon" means any of the following firearms: Auto-Ordnance Thompson type, Avtomat Kalashnikov AK-47 type, or MAC-10, MAC-11 and MAC-11 Carbine type.

      (b) The provisions of subsection (a) of section 53-202c shall not apply to any person who (1) in good faith purchased or otherwise obtained title to a specified assault weapon on or after October 1, 1993, and prior to May 8, 2002, in compliance with any state and federal laws concerning the purchase or transfer of firearms, (2) is not otherwise disqualified or prohibited from possessing such specified assault weapon, and (3) has notified the Department of Public Safety in accordance with subsection (c) of this section prior to October 1, 2003, that he or she possesses such specified assault weapon.

      (c) A person complies with the notice requirement of subdivision (3) of subsection (b) of this section if such person provides the Department of Public Safety with: (1) A copy of the proof of purchase for such specified assault weapon, and (2) one of the following: (A) A copy of state form DPS-3 with respect to such specified assault weapon, (B) a copy of federal ATF Form 4473 with respect to such specified assault weapon, or (C) a sworn affidavit from such person that such specified assault weapon was purchased in compliance with any state and federal laws concerning the purchase or transfer of firearms; except that, if such person does not have a copy of the proof of purchase for such specified assault weapon, such person may satisfy the requirement of subdivision (1) of this subsection by, not later than January 1, 2003, providing such information as the department may require on a form prescribed by the department together with a sworn affidavit from such person that such specified assault weapon was purchased in compliance with any state and federal laws concerning the purchase or transfer of firearms.

      (d) Any person who is a member of the military or naval forces of this state or of the United States and is unable to meet the notice requirements of subdivision (3) of subsection (b) and of subsection (c) of this section by October 1, 2003, because such person is or was on official duty outside this state, may file such notice within ninety days of returning to the state.

      (e) As proof that a person has complied with the notice requirement of this section and that such notice has been received by the Department of Public Safety, the department shall issue a certificate of possession for such specified assault weapon. Such certificate shall contain a description of the firearm that identifies it uniquely, including all identification marks, and the full name, address and date of birth of the owner.

      (P.A. 02-120, S. 3.)

      History: P.A. 02-120 effective June 7, 2002.

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      Sec. 53-202o. Affirmative defense in prosecution for possession of specified assault weapon. (a) In any prosecution for a violation of section 53-202c based on the possession by the defendant of a specified assault weapon, it shall be an affirmative defense that the defendant (1) in good faith purchased or otherwise obtained title to such specified assault weapon on or after October 1, 1993, and prior to May 8, 2002, in compliance with any state and federal laws concerning the purchase or transfer of firearms, (2) is not otherwise disqualified or prohibited from possessing such specified assault weapon, and (3) has possessed such specified assault weapon in compliance with subsection (d) of section 53-202d.

      (b) In any such prosecution, if such defendant proves such affirmative defense by a preponderance of the evidence, the specified assault weapon shall be returned to such defendant upon such defendant notifying the Department of Public Safety in accordance with subdivision (3) of subsection (b) and of subsection (c) of section 53-202n and obtaining a certificate of possession, provided such notification is made not later than October 1, 2003.

      (P.A. 02-120, S. 4.)

      History: P.A. 02-120 effective June 7, 2002.

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      Sec. 53-203. Unlawful discharge of firearms. Any person who intentionally, negligently or carelessly discharges any firearm in such a manner as to be likely to cause bodily injury or death to persons or domestic animals, or the wanton destruction of property shall be fined not more than two hundred fifty dollars or imprisoned not more than three months or both.

      (1949 Rev., S. 8521; P.A. 73-457.)

      History: P.A. 73-457 essentially rewrote provisions, which previously prohibited discharging firearms "in any city or borough, except on military occasions, without permission first obtained from the mayor of such city or the warden of such borough" and which had imposed fine for firing cannon without permit applicable to proprietors or persons in charge of private military schools, to forbid discharging firearm so as to harm persons, domestic animals or property and to increase maximum fine from seven dollars to two hundred fifty dollars and maximum imprisonment from thirty days to three months.

      Cited. 169 C. 309, 316, 317, 319, 321. Cited. 186 C. 574, 580. Cited. 197 C. 602, 603. Cited. 215 C. 739, 743. Cited. 219 C. 363, 366. Cited. 226 C. 497, 499.

      Cited. 24 CA 408, 409.

      Cited. 39 CS 359, 360.

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      Sec. 53-204. Hunting or discharging firearm from public highway. Any person who hunts or discharges any firearm from any public highway shall be fined not more than one hundred dollars. This section shall not apply to any law or conservation enforcement officer in the performance of his duty. Enforcement officers of the Department of Environmental Protection are empowered to arrest for the violation of the provisions of this section.

      (1955, S. 3290d; 1957, P.A. 344.)

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      Sec. 53-205. Shotguns, rifles and muzzleloaders in vehicles and snowmobiles. No person shall carry or possess in any vehicle or snowmobile any shotgun or rifle or muzzleloader of any gauge or caliber while such shotgun or rifle or muzzleloader contains in the barrel, chamber or magazine any loaded shell or cartridge capable of being discharged or when such muzzleloader has a percussion cap in place or when the powder pan of a flint lock contains powder. Muzzleloader as used in this section means a rifle or shotgun, incapable of firing a self-contained cartridge and which must be loaded at the muzzle end. The enforcement officers of the Department of Environmental Protection are empowered to enforce this section. The provisions of this section shall not apply to members of the military departments of the government or state while on duty or while traveling to or from assignments, or to enforcement officers, security guards or other persons employed to protect public or private property while in the performance of such duties. Any person who violates any provision of this section shall be fined not less than ten nor more than one hundred dollars or be imprisoned not more than thirty days or be both fined and imprisoned.

      (1953, S. 3289d; 1969, P.A. 752, S. 11; P.A. 76-374.)

      History: 1969 act prohibited carrying and possession of loaded shotguns and rifles in snowmobiles; P.A. 76-374 included muzzleloaders in prohibition and added provisions specifically applicable to muzzleloaders.

      See Sec. 14-379 for definition of "snowmobile".

      See Sec. 26-6a re constables for fish and game protection.

      Cited. 163 C. 184. Cited. 195 C. 668, 677. Cited. 197 C. 602, 603.

      Cited. 35 CS 659, 661.

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      Sec. 53-206. Carrying of dangerous weapons prohibited. (a) Any person who carries upon his or her person any BB. gun, blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, or any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, or stiletto, or any knife the edged portion of the blade of which is four inches or over in length, any police baton or nightstick, or any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument, shall be fined not more than five hundred dollars or imprisoned not more than three years or both. Whenever any person is found guilty of a violation of this section, any weapon or other instrument within the provisions of this section, found upon the body of such person, shall be forfeited to the municipality wherein such person was apprehended, notwithstanding any failure of the judgment of conviction to expressly impose such forfeiture.

      (b) The provisions of this section shall not apply to (1) any officer charged with the preservation of the public peace while engaged in the pursuit of such officer's official duties; (2) the carrying of a baton or nightstick by a security guard while engaged in the pursuit of such guard's official duties; (3) the carrying of a knife, the edged portion of the blade of which is four inches or over in length, by (A) any member of the armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of this state, as defined in section 27-2, when on duty or going to or from duty, (B) any member of any military organization when on parade or when going to or from any place of assembly, (C) any person while transporting such knife as merchandise or for display at an authorized gun or knife show, (D) any person who is found with any such knife concealed upon one's person while lawfully removing such person's household goods or effects from one place to another, or from one residence to another, (E) any person while actually and peaceably engaged in carrying any such knife from such person's place of abode or business to a place or person where or by whom such knife is to be repaired, or while actually and peaceably returning to such person's place of abode or business with such knife after the same has been repaired, (F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any salt water fisherman carrying such knife for lawful hunting, fishing or trapping activities, or (G) any person while participating in an authorized historic reenactment; (4) the carrying by any person enrolled in or currently attending, or an instructor at, a martial arts school of a martial arts weapon while in a class or at an authorized event or competition or while transporting such weapon to or from such class, event or competition; (5) the carrying of a BB. gun by any person taking part in a supervised event or competition of the Boy Scouts of America or the Girl Scouts of America or in any other authorized event or competition while taking part in such event or competition or while transporting such weapon to or from such event or competition; and (6) the carrying of a BB. gun by any person upon such person's own property or the property of another person provided such other person has authorized the carrying of such weapon on such property, and the transporting of such weapon to or from such property.

      (1949 Rev., S. 8540; 1953, S. 3287d; P.A. 86-287, S. 1; P.A. 87-220, S. 1; P.A. 98-129, S. 9; June Sp. Sess. P.A. 98-1, S. 120, 121; P.A. 99-212, S. 12; P.A. 03-19, S. 123.)

      History: P.A. 86-287 amended Subsecs. (a) and (b) by adding "or any martial arts weapon and electronic defense weapon as defined in section 53a-3" and amended Subsec. (a) by adding provision permitting person to carry any martial arts weapon anywhere within state if such person has been granted a permit to do so; P.A. 87-220 made technical changes; P.A. 98-129 replaced requirement that a permit be obtained for the carrying of certain dangerous or deadly weapons or instruments with prohibition on the carrying of such weapons or instruments, deleted slung shot, air rifles and sand bags from the list of prohibited weapons or instruments, added exception for the carrying of knives with blades of four inches or more by certain individuals and deleted requirement that the seller of any such weapon or instrument give written notice of any such sale to the chief of police of the city, warden of the borough or first selectman of the town where such weapon or instrument was sold or delivered; June Sp. Sess. P.A. 98-1 repealed all changes enacted by P.A. 98-129, effective June 24, 1998; P.A. 99-212 substantially revised section including replacing requirement that a permit be obtained for the carrying of certain dangerous or deadly weapons or instruments with prohibition on the carrying of such weapons or instruments, deleting slung shot, air rifle and sand bag from list of prohibited weapons and instruments, adding police baton or nightstick to list of prohibited weapons and instruments, making the exception for an officer charged with preservation of the public peace applicable while the officer is "engaged in the pursuit of such officer's official duties", adding exception for the carrying of a baton or nightstick by a security guard while engaged in the guard's official duties, adding exception for the carrying of a knife having a blade of four inches or more by certain individuals under certain circumstances, adding exception for the carrying of a martial arts weapon by a student or instructor at a martial arts school under certain circumstances, adding exception for the carrying of a BB. gun by a person taking part in certain supervised or authorized events or competitions under certain circumstances, adding exception for the carrying of a BB. gun on private property with the authorization of the owner and the transporting of such weapon to or from such property and deleting the requirement that the seller of any such weapon or instrument give written notice of such sale to the chief of police of the city, warden of the borough or first selectman of the town where such weapon or instrument was sold or delivered; P.A. 03-19 made a technical change in Subsec. (a), effective May 12, 2003.

      See Sec. 29-32b re Board of Firearms Permit Examiners.

      See Sec. 29-38 re weapons in vehicles.

      Cited. 138 C. 485; 153 C. 584. Burden on prosecution to prove defendant did not possess a written permit. 179 C. 516, 521. Cited. 195 C. 668, 677, 678. Cited. 208 C. 689, 692. Cited. 209 C. 322, 348. Cited. 210 C. 110, 112. Cited. Id., 199, 200, 208. Cited. 211 C. 672, 674. Cited. 217 C. 73, 93. Cited. 226 C. 497, 499.

      Cited. 1 CA 642-644, 646. Cited. 9 CA 330, 337, 340. Cited. 10 CA 532, 533. Cited. 11 CA 665-669. Cited. 17 CA 556, 560. Cited. 21 CA 299, 306. Cited. 25 CA 433, 445.

      Compared with section 29-38. 10 CS 272. A razor is not a dangerous or deadly weapon per se. Whether it becomes one is a question of fact for the trier. The fact that a razor is specifically included in section 53-207 does not mean that it is excluded from this section. 23 CS 425. History discussed; concealment is not an element of the crime. 24 CS 85. A .22 caliber air-operated single-shot pellet gun held to be a dangerous weapon. Id.

      Cited. 5 Conn. Cir. Ct. 313. Knife not coming within description of statute cannot be included as "any other dangerous or deadly weapon" and is not with prohibition of this section. Id., 551.

      Subsec. (a):

      Cited. 208 C. 689, 690, 692-695. Cited. 229 C. 691, 694. Cited. 236 C. 189, 191. Cited. 240 C. 317.

      Cited. 7 CA 149, 150. Cited. 11 CA 665, 671. Cited. 27 CA 601, 602. Cited. 39 CA 175, 177. Cited. 41 CA 391, 393. Cited. 43 CA 488.

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      Sec. 53-206a. Application for permit. Notice of decision to applicant. Section 53-206a is repealed, effective October 1, 1999.

      (1963, P.A. 115; P.A. 77-614, S. 486, 610; P.A. 98-129, S. 21; June Sp. Sess. P.A. 98-1, S. 120, 121; P.A. 99-212, S. 22.)

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      Sec. 53-206b. Unlawful training in use of firearms, explosive or incendiary devices or techniques capable of causing injury. Class C felony. (a) As used in this section:

      (1) "Civil disorder" means a public disturbance involving acts of violence by a group of three or more persons which causes an immediate danger of or results in damage to the property of or injury to any other person.

      (2) "Explosive or incendiary device" means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile or similar device, and (C) any incendiary bomb or grenade, fire bomb or similar device, including any device which (i) consists of or includes a breakable container which contains a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by an individual.

      (3) "Firearm" means a firearm as defined in section 53a-3.

      (b) No person shall (1) teach or demonstrate to any person the use, application or making of any firearm, explosive or incendiary device, or technique capable of causing injury or death to a person, knowing or intending that such firearm, explosive, incendiary device or technique will be unlawfully employed for use in, or in furtherance of, a civil disorder; or (2) assemble with one or more persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device, or technique capable of causing injury or death to a person, intending to employ unlawfully such firearm, explosive, incendiary device or technique for use in, or in furtherance of, a civil disorder.

      (c) Any person who violates any provision of this section shall be guilty of a class C felony.

      (d) Nothing in this section shall make unlawful any act of any peace officer, as defined in section 53a-3, performed in the lawful discharge of his official duties.

      (P.A. 81-243.)

      See chapter 505 (Secs. 27-101, 27-102) re private military forces.

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      Sec. 53-206c. Sale, carrying and brandishing of facsimile firearms prohibited. Class B misdemeanor. (a) For the purposes of this section:

      (1) "Facsimile of a firearm" means (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB. or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.

      (2) "Firearm" means firearm as defined in section 53a-3.

      (b) No person shall give, offer for sale or sell any facsimile of a firearm. The provisions of this subsection shall not apply to any facsimile of a firearm, which, because of its distinct color, exaggerated size or other design feature, cannot reasonably be perceived to be a real firearm.

      (c) Except in self defense, no person shall carry, draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in a threatening manner, with intent to frighten, vex or harass another person.

      (d) No person shall draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties knowing or having reason to know that such peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his duties, with intent to impede such person in the performance of such duties.

      (e) Any person who violates any provision of this section shall be guilty of a class B misdemeanor.

      (P.A. 88-237.)

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      Sec. 53-206d. Carrying of firearm while under the influence of intoxicating liquor or drug prohibited. Class B misdemeanor. (a)(1) No person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight.

      (2) Any person who violates any provision of this subsection shall be guilty of a class B misdemeanor.

      (b) (1) No person shall engage in hunting while under the influence of intoxicating liquor or any drug, or both, or while impaired by the consumption of intoxicating liquor. A person shall be deemed under the influence when at the time of the alleged offense the person (A) is under the influence of intoxicating liquor or any drug, or both, or (B) has an elevated blood alcohol content. For the purposes of this subdivision, "elevated blood alcohol content" means (i) a ratio of alcohol in the blood of such person that is ten-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than ten-hundredths of one per cent of alcohol, by weight.

      (2) Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.

      (3) Enforcement officers of the Department of Environmental Protection are empowered to arrest for a violation of the provisions of this subsection.

      (P.A. 98-129, S. 20; P.A. 00-142, S. 3.)

      History: P.A. 00-142 amended Subsec. (a) by designating provisions as Subdiv. (1), making technical changes therein, designated former Subsec. (b) as Subsec. (a)(2), making a technical change therein, and added new Subsec. (b) re hunting under the influence.

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      Sec. 53-206e. Limitation on sale and use of laser pointers. (a) As used in this section, "laser pointer" means a hand-held device that emits a laser light beam and is designed to be used by the operator to indicate, mark or identify a specific position, place, item or object.

      (b) No person shall sell, offer to sell, lease, give or otherwise provide a laser pointer to a person under eighteen years of age, except as provided in subsection (d) of this section.

      (c) No person under eighteen years of age shall possess a laser pointer on school grounds or in any public place, except as provided in subsection (d) of this section.

      (d) A person may temporarily transfer a laser pointer to a person under eighteen years of age for an educational or other lawful purpose provided the person to whom the laser pointer is temporarily transferred is under the direct supervision of a parent, legal guardian, teacher, employer or other responsible adult.

      (e) No person shall shine, point or focus a laser pointer, directly or indirectly, upon or at another person in a manner that can reasonably be expected to cause harassment, annoyance or fear of injury to such other person.

      (f) Any person who violates any provision of this section shall have committed an infraction.

      (P.A. 99-256.)

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      Secs. 53-207 to 53-209. Carrying of knife or razor with intent to assault. Removal of danger signal. Abuse of public utility employees. Sections 53-207 to 53-209, inclusive, are repealed.

      (1949 Rev., S. 8539, 8541; 1953, S. 3288d; 1969, P.A. 828, S. 214.)

      See Secs. 53a-59 to 53a-61a, inclusive, re assault.

      See Secs. 53a-63, 53a-64 re reckless endangerment.

      See Sec. 53a-181 re breach of peace.

      See Sec. 53a-182 re disorderly conduct.

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      Sec. 53-209a. Manufacture of chemical, biological or radioactive weapon. Any person who fabricates, in any manner, (1) a weapon designed or intended to cause death or serious physical injury by the release, dissemination or impact of toxic or poisonous chemicals or their precursors, (2) a weapon involving a disease organism, or (3) a weapon designed to release radiation or radioactivity at a level dangerous to human life, other than a person engaged in the manufacture of such weapons for lawful purposes, shall be guilty of a class B felony.

      (P.A. 02-97, S. 2.)

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      Sec. 53-210. Refusal to relinquish telephone party line. No person shall wilfully refuse to relinquish a party line when informed that such line is needed for an emergency call to a fire department or police department or for medical aid or ambulance service, or secure the use of a party line by falsely stating that such line is needed for an emergency call. As used in this section, "party line" means a subscriber line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number, and "emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential. Violation of this section shall be an infraction as provided for in sections 51-164m and 51-164n.

      (1957, P.A. 375, S. 1; 1961, P.A. 517, S. 126; P.A. 75-577, S. 10, 126.)

      History: 1961 act made grammatical correction in definition of emergency; P.A. 75-577 restated provisions and replaced maximum fine of fifty dollars with statement that violation is an infraction as provided in Sec. 51-164m and 51-164n.

      See chapter 881b (Sec. 51-164m et seq.) re infractions.

      See Sec. 53a-183b re interfering with emergency call as class A misdemeanor.

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      Sec. 53-211. Use of white canes by others than blind persons prohibited. Vehicles to reduce speed, grant right-of-way. (a) No person, except one wholly or partially blind, shall carry or use on any street or highway, or in any other public place, a cane or walking stick which is white in color or white tipped with red.

      (b) Any driver of a vehicle who approaches or comes into the immediate vicinity of a person wholly or partially blind, carrying a white cane or a white cane tipped with red, or a person being guided by a guide dog, shall reduce speed or stop if necessary to grant the right-of-way to such person.

      (c) Any person who violates any provision of this section shall be fined not more than one hundred dollars.

      (1949 Rev., S. 8543; February, 1965, P.A. 448, S. 43.)

      History: 1965 act amended Subsec. (b) to include persons with guide dogs and to change duty of driver from taking "such precautions before proceeding as may be necessary to avoid accident or injury" to reducing speed or stopping as necessary to grant right-of-way to blind or partially blind persons and amended Subsec. (c) to increase maximum fine from twenty-five to one hundred dollars.

      Cited. 196 C. 430, 431.

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      Sec. 53-212. Use of Roentgen-rays, x-rays and radium. (a) No person, unless such person holds a license to practice medicine and surgery or a license to practice dentistry, shall use the Roentgen-ray or the x-ray or radium for the therapeutic or cosmetic treatment of another person, unless such person uses the same under the prescription, direction or supervision of a licensed physician, surgeon or dentist.

      (b) Any person who violates any provision of subsection (a) shall be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned not more than one year or be both fined and imprisoned for the first offense, and for each subsequent offense shall be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than one year or be both fined and imprisoned.

      (c) The provisions of this section shall not be construed to prohibit the use of the Roentgen-ray or the x-ray for diagnostic purposes.

      (1949 Rev., S. 8542; P.A. 99-102, S. 49.)

      History: P.A. 99-102 amended Subsec. (a) by deleting obsolete reference to osteopathy and making a technical change re gender neutrality.

      Cited. 5 CA 113, 114.

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      Sec. 53-212a. Use of fluoroscopic x-ray shoe-fitting devices prohibited. Any person, partnership, association or corporation which operates or maintains within this state any fitting devices or machines which use fluoroscopic x-ray or radiation principles for the purpose of selling footwear or other articles of apparel through commercial outlets shall be fined not more than one hundred dollars.

      (1959, P.A. 261.)

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      Secs. 53-212b to 53-214. Use of machinery in proximity to high voltage conductors. Spitting in public places. Pollution of drinking utensils. Sections 53-212b to 53-214, inclusive, are repealed.

      (1949 Rev., S. 4148, 8637; 1961, P.A. 36; 1969, P.A. 828, S. 214; P.A. 73-379, S. 20, 21.)

      See chapter 571 (Sec. 31-367 et seq.) re Occupational Safety and Health Act.

      See Sec. 53a-117 re criminal mischief in the third degree.

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      Sec. 53-215. Abandonment of refrigerator. Any person who discards or abandons, or knowingly permits to be discarded or abandoned on property within his control, outdoors or within any unoccupied building or structure, any refrigerator, ice box or other container which has an airtight door or lid without having removed such door or lid shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both, and each day of such violation shall constitute a separate offense.

      (1955, S. 3286d.)

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      Sec. 53-215a. Manufacture or sale of defective recapped tires. Any person who manufactures, sells or offers for sale any recapped motor vehicle tire, having knowledge that the casing of such tire does not meet the requirements promulgated by the Commissioner of Motor Vehicles in accordance with section 14-137, or who knowingly recaps or causes to be recapped any tire having a defective casing with intent to sell the same or offer it for sale, shall be fined not more than one hundred dollars or imprisoned not more than six months or both.

      (1959, P.A. 642, S. 1; 1969, P.A. 324.)

      History: 1969 act replaced reference to knowledge that tire casing "is defective" with reference to knowledge that casing does not meet requirements promulgated by motor vehicles commissioner.

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