Topic:
WEAPONS; GUN CONTROL;
Location:
WEAPONS - GUN CONTROL;

OLR Research Report


The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH




February 10, 1994 94-R-0268

TO:

FROM: Veronica Rose, Research Associate

RE: Gun Control

You asked for a summary of the state's gun control laws.

SUMMARY

Except for felons, anyone can purchase a long gun (shotgun or rifle) from a dealer. A dealer can sell a handgun (pistol or revolver) to anyone except (1) felons, aliens, and minors. No permit or license is required by the purchaser, and the law places no limit on the number of firearms an individual may buy.

There is a two-week waiting period and a background check for all firearm purchases, except antique firearms. Exempt from the waiting period are law enforcement officers, anyone with a state handgun carrying permit, anyone with a valid state hunting license when purchasing long guns, and members of the U.S. armed forces.

Permits are required for carrying handguns. There is an exemption for state and federal law enforcement personnel and members of the U.S. armed forces when on duty or parade or when going to or from any place of assembly. There is also an exemption that allows people to move firearms for limited and specific purposes, such as for repairs, competition, and testing. In practice, no permits are required for carrying long guns.

Purchasers of firearms from dealers must complete application and transfer of ownership forms. The application form contains information about the buyer. The transfer of ownership form, which is completed when the buyer takes possession of the firearm, contains information about the firearm. Purchasers of antique firearms are not required to complete these forms, and the following individuals do not have to complete them when buying long guns: anyone with a state handgun permit, members of the U.S. armed forces or reserve, and anyone with a state hunting license. Law enforcement officers, who are exempt from the waiting period, must complete the forms.

Private firearm sales (sales by nondealers) are not regulated. Hence, there are no background checks or record keeping requirements for these sales. But the law does prohibit some private sales, including handgun sales to minors. It does not prohibit private firearm sales to felons.

It is a crime, with some exceptions, to possess, sell, or transport an assault weapon. Violations carry mandatory, minimum sentences.

FIREARM LAWS

The Constitution

The Connecticut Constitution states that “every citizen has a right to bear arms in defense of himself and the state” (Article First, § 15).

Waiting Period

State law, with some exceptions, requires a two-week waiting period before anyone can buy a firearm. A buyer must complete an application form (SP-67) in triplicate, and the dealer must mail one copy to the State Police and one copy to the applicant's local police chief, or where there is none, first selectman or borough warden. These officials must notify the dealer of an applicant's felony convictions “forthwith” (in effect, within 14 days of the application's mailing date) (CGS § 29-33). The statutes do not explicitly say that the authorities must conduct a background check on the applicant, but in practice, the waiting period is to allow the authorities to do a background check.

Two weeks after the dealer mails the application, the applicant may purchase the firearm if the officials have not indicated that he has any felony convictions. When the buyer takes possession of the firearm, he must complete a transfer of ownership form (SP-3) with his name, address, and occupation and the sale date, caliber, make, model, manufacturer's number, and general description of the firearm (CGS § 29-33). It is illegal to alter or remove the identification or model number of a firearm or to possess one with an altered number.

The waiting period for handgun purchases does not apply to federal marshals, sheriffs, parole or peace officers, or anyone with a state handgun carrying permit. Purchasers of antique handguns are exempt from the waiting period and do not have to complete the application or registration forms.

The waiting period for long gun purchases and the requirements to complete the application and registration forms for these firearms do not apply to (1) anyone with a valid state handgun carrying permit; (2) active members of the U.S. armed forces or reserve; (3) anyone with a valid state hunting license, which is issued by the Department of Environmental Protection and requires completion of a hunting safety course but no background check; or (4) antique firearm purchases (CGS § 29-37a).

The waiting period for long gun purchases does not apply to law enforcement personnel, but they are required to complete the application and registration forms.

Prohibited Sales and Purchases

State law prohibits anyone from selling “at retail” (in practice, dealers) handguns to aliens or convicted felons. The dealer must know the purchaser or obtain identification from him. The law also prohibits dealers from selling long guns to convicted felons (CGS §§ 29-31, -33, -37a). It prohibits anyone, including dealers, from selling or delivering handguns to (1) aliens or (2) minors under age 18 (CGS § 29-34). But federal law prohibits federal firearms licensees from selling handguns to anyone they know or have reasonable cause to believe is under age 21. According to the Board of Firearms Permit Examiners handbook, the federal law supersedes the state law. Hence, the effective age for handgun purchases from dealers in this state is 21 (1993 edition, p. 8).

The law prohibits anyone from buying a firearm intending to transfer it to someone he knows or has reason to believe is prohibited from purchasing such a firearm. (This type of transaction is commonly referred to as “straw man” sales.) Violation carries a prison term of up to five years, a fine of up to $1,000, or both. Anyone prohibited from purchasing or otherwise receiving or possessing a firearm who solicits, employs, or assists someone to violate this provision is guilty of a class B misdemeanor. It is a class A misdemeanor if the violation involves the transfer of more than one firearm. Each transfer is a separate offense. It is a class D felony if the person had been convicted of a felony in the five-year period prior to any of these violations (PA 93-306 § 13).

Anyone who sells, delivers, or provides a firearm to someone who subsequently uses it to commit a crime is subject to prosecution and punishment as if he had committed the crime himself. In order to be subject to such punishment, the firearm provider must give the firearm to the offender to engage in conduct that constitutes an offense when he knew or should have known that the other person intended to use the firearm for criminal conduct (CGS § 53a-8).

Record Keeping Requirements

Dealer Sales. Federal law requires that a firearm dealer have a federal firearms license. The application for this license provides that “[a] license will not be issued to an applicant who does not intend to actually engage in the firearms activity covered by the license” (27 C.F.R. §. 178.41). State law requires that the seller of handguns “at retail” have a local permit, which is valid for five years, as well as the federal license. The law does not define the term seller of handgun “at retail.” But in practice, the term is applied by the State Police and the Firearms Board to people with a federal firearms license.

A dealer must send a record of handgun sales to the State Police and must keep the sales record for at least six years as prescribed by the public safety commissioner (CGS § 29-31). He must also send copies of the application and transfer of firearm forms to the State Police (CGS §§ 29-28, -33).

Private Sales. The law does not regulate firearm sales by nondealers. (Sometimes referred to as private or secondary sales, these are sales made by people who are not in the business of selling firearms and therefore do not have a federal firearms license.) For example, when someone who is not a dealer sells a handgun, he does not have to know the buyer or obtain identification, document the sale, send a record of the sale to any official, or wait two weeks before delivering the firearm. Completion of the transfer of sale form is voluntary.

Carrying Permits

The law, with some exceptions, requires a permit for carrying handguns (CGS §§ 29-28, -35). No permit is required to buy a handgun and keep it in one's home or business place.

The law does not specifically require a permit to carry long guns. Section 53-206 of the General Statutes, which requires a permit to carry certain specified weapons and “other dangerous or deadly weapon or instrument” would seem to include firearms. But handgun permits are covered under CGS § 29-35. And although a 1949 attorney general's opinion states “that the Legislature certainly intended to include the rifle or shotgun in the generic category of `any dangerous or deadly weapon' for permit purposes, the Board of Firearm Permit Examiners handbook states that CGS § 53-206 does not apply to long guns. In practice, no permit is required to carry long guns.

Local permits are issued by a municipality's police chief or, in his absence, the borough warden or first selectman. A local permit allows the carrying of a handgun within the municipality that issued the permit. State permits are issued by the State Police. One must obtain a local permit before he can obtain a state permit. A state permit allows the carrying of a handgun anywhere in the state (CGS § 29-38).

It costs $35 to get or renew a permit (CGS § 29-30, as amended by PA 93-172). Permits (local and state) are valid for five years. Once one obtains a state permit “and keeps it continuously in force without revocation or lapse,” he may renew it without renewing the local permit. The permit holder must carry the permit with him whenever he is carrying the handgun.

Anyone carrying a handgun without a permit may be fined up to $1,000 and imprisoned for one to five years, with a one-year mandatory sentence unless there are mitigating circumstances. Anyone who knowingly has a handgun in his vehicle without a permit may be fined up to $1,000, imprisoned for up to five years, or both. Anyone who fails to carry his permit when carrying his handgun commits an infraction, which carries a $35 fine (CGS §§ 29-37, -38).

Exemptions. The following people do not have to obtain a permit: sheriffs and parole or peace officers pursuing official business, federal law enforcement officers, members of the armed forces while on duty or going to or from duty, and members of a military organization when they are on parade or going to or from a place of assembly. A permit is not required (1) to transport newly purchased handguns still in the original package, (2) to take a handgun for repairs, (3) to carry a handgun to or from a testing range at the request of an issuing authority, (4) to transport handguns as merchandise, (5) to transport antique handguns, (6) to carry a handgun while moving household goods, or (7) to carry a handgun to a competition or exhibit if one has a permit from another state (CGS §§ 29-35).

Criteria Governing Permit Issuance and Denial. To qualify for a permit, an applicant must be a U.S citizen and have no felony convictions. And the issuing authority must find that the applicant wants to obtain the firearm for “lawful” uses and is a “suitable” person to receive the permit (CGS § 29-28).

The law does not define “suitability,” which is left to the issuing authority's discretion. But according to the Board of Firearms Permit Examiners handbook, the issuing authority may consider the following, among other things: anything that pertains to the conduct, judgment, character, reputation, habits, behavior, and physical and mental condition of the applicant. The issuing authority may not be capricious or arbitrary (1993 edition, p. 5).

Age is not specified as a criterion governing permit issuance in the law. But in practice, one has to be at least age 18 in order to obtain a permit.

Permit Processing. A permit issuing authority must provide a permit application immediately to anyone who requests it in person and within a week of a request that is not made in person. Otherwise, the request constitutes the application (CGS § 29-28a).

The applicant must give the issuing authority, to the extent requested by such authority, full information concerning his criminal record. The issuing authority must obtain the applicant's fingerprints and investigate his “suitability” to carry the handgun and must, within eight weeks after receiving an application, inform the applicant whether his request for a permit has been approved or denied (CGS §§ 29-28a, -29).

If deemed necessary, the issuing authority may forward the fingerprints to the Federal Bureau of Investigation (FBI) and may issue a permit before receiving the report. If the FBI does not provide the report within eight weeks of the permit application date, the issuing authority must inform the applicant in writing. The law explicitly prohibits the issuance of a permit if the issuing authority has reason to believe the applicant is a convicted felon (CGS § 29-29).

Permit Restrictions. The law does not specify whether the permit allows the permittee to carry the handgun concealed or openly. But according to the Board of Firearms Permit Examiners handbook:

Mature judgment dictates that every effort should be make to make sure that no gun is exposed to view or carried in any manner that would tend to alarm people who see it (1993 edition, p. 3).

The handbook also indicates other circumstances under which a handgun should not be carried:

Mature judgment dictates that no handgun be carried unless carrying the gun at the time and place involved is prudent and proper in the circumstances. For example, handguns should not be carried: (1) into a bar or other place where alcohol is being consumed, (2) in any situation involving stress such as an argument, after consuming alcohol or any drugs other than those legally prescribed. Carrying a handgun in any of these or similar circumstances could indicate that the permit holder lacks sufficient judgment and cause the permit to be revoked (id. at p. 3).

Permit Revocation. The permit issuing authority may revoke a permit for “cause” and must revoke the permit of any permit holder who is convicted of a felony. Also, although not explicitly stated in the law, it would appear that the criteria governing the issuance of permits also govern their revocation.

If a permit holder is convicted of a felony, the authority that issued the permit must revoke it, and the permittee must surrender it within five days of getting written notice of the revocation (CGS § 29-32). While the law requires surrender of the permit, it does not specifically require surrender or confiscation of the weapons to which the permit applies. But it is a class D felony to possess any firearm after having been convicted of the following enumerated crimes:

1. a capital felony;

2. any class A felony other than employing a minor in an obscene performance;

3. any class B felony other than promoting prostitution in the first degree, larceny in the first degree, and promoting a minor in an obscene performance;

4. any class C felony other than promoting prostitution in the second degree, bribery of a juror, and bribe receiving by a juror;

5. assault in the second degree;

6. assault in the second degree with a firearm;

7. assault of a victim age 60 or older in the second degree;

8. assault of a victim age 60 or older in the second degree with a firearm;

9. sexual assault in the third degree;

10. sexual assault in the third degree with a firearm;

11. unlawful restraint in the first degree;

12. burglary in the third degree;

13. burglary in the third degree with a firearm;

14. reckless burning;

15. robbery in the third degree; or

16. criminal use of a firearm.

Conviction of criminal possession of a firearm carries a mandatory, nonsuspendable, two-year prison term (CGS § 53a-217).

Appeals From Permit Issuing Authorities Decisions. People aggrieved by the decisions of permit issuing authorities may appeal to the Board of Firearms Permit Examiners. Specifically, “any person aggrieved by any refusal to issue or renew a permit. . .or by any limitation or revocation of a permit. . .or by a refusal or failure of any issuing authority to furnish an application. . .may appeal to the board” (CGS § 29-32b (b)).

The board is authorized to make enquiries, conduct investigations, take testimony, and render appellate decisions in cases filed by such people. Unless the board finds that the permit or permit application was refused or denied for “just and proper cause,” it must rule in favor of the appellant. The issuing authority's failure to provide information requested by the board or to provide the appellant with an application at least 10 days before the hearing is cause for the board to grant relief. (The board may not grant relief if the refusal of a permit or application was for failure to document compliance with local zoning requirements.)

People aggrieved by the board's decisions may appeal to the Superior Court in accordance with the Uniform Administrative and Procedure Act.

ASSAULT WEAPONS

Public Act 93-306:

1. with some exceptions, made selling or transporting an assault weapon a class C felony, with a mandatory, minimum two-year sentence and an additional mandatory, minimum six-year sentence if the sale is to a minor under age 18;

2. some exceptions, made possessing an assault weapon a class D felony, with a mandatory, minimum one year sentence;

3. gave nine months, until July 1, 1994, for anyone who lawfully possessed an assault weapon before October 1, 1993 to apply to the Department of Public Safety for a certificate of possession, which allows possession of the weapon under specified conditions;

4. required a mandatory, minimum eight-year sentence for anyone who uses, threatens to use, displays, or purports to have an assault weapon while committing a class A, B, or C felony, with this sentence in addition and consecutive to any imprisonment for the felony;

5. required a mandatory, minimum five-year sentence for anyone who uses, threatens to use, displays, or purports to have a firearm other than an assault weapon while committing a class A, B, or C felony, with this sentence in addition and consecutive to any imprisonment for the felony;

6. added the use of an assault weapon in a crime punishable by death to the list of aggravating circumstances justifying a death sentence;

7. required that, when an assault weapon is stolen from its lawful possessor, he report the theft to a law enforcement agency within 72 hours after he discovers or should have discovered it; and

8. made it a crime for anyone to buy any firearm intending to transfer it to someone prohibited from purchasing such a firearm, or for someone who is prohibited from purchasing a firearm to solicit one (see attached summary of PA 93-306).

The effective date of the act was October 1, 1993.

FIREARM STORAGE

The law prohibits anyone from storing or keeping a loaded firearm on any premises under his control if he knows, or reasonably should know, that a person under age 16 can get it. The provision does not apply to an individual who:

1. keeps the firearm locked up or in a location that a reasonable person considers secure or

2. carries it on him or close enough so that he can readily retrieve and use it (CGS § 29-37i).

An individual is criminally negligent if his failure to store the firearm properly results in a person under age 16 using it to injure or kill himself or another. The provisions do not apply if the firearm was obtained by unlawful entry.

Criminally negligent storage of a firearm is a class D felony, punishable by a fine of up to $5,000, up to five years imprisonment, or both (CGS § 53a-217a).

GUN LOCKING DEVICE AND WARNING FOR FIREARM PURCHASERS

The law requires firearm dealers to provide firearm buyers with a trigger lock, gun lock, or other appropriate locking device for the firearm at the time of sale. They must give the buyer the following written warning in block letters at least one inch high:

UNLAWFUL STORAGE OF A LOADED

FIREARM MAY RESULT IN IMPRISONMENT

OR FINE

They must also conspicuously post this warning in block letters at least three inches high at each service counter There is a $500 fine for each violation (CGS § 29-37b).

TRANSPORTING SHOTGUNS AND RIFLES

The law prohibits the carrying of loaded rifles, shotguns, and muzzle loaders in any vehicle, including snowmobiles (CGS § 53-205).

POSSESSION OF FIREARMS ON SCHOOL GROUNDS

It is a crime to possess a firearm and other specified weapons on elementary or secondary school property or at any school sponsored event. Violation is a class D felony, punishable by a fine of up to $5,000, imprisonment for up to five years, or both. If the violation is committed by anyone under age 16, it is a serious juvenile offense (SJO). A juvenile may be confined for up to four years for a SJO.

The following are exempt from this provision:

1. the holder of a valid permit to carry a firearm;

2. anyone who uses the firearm on the school property as part of a program approved by the school;

3. a person with whom, or with whose employer, the school has an agreement that allows the firearms;

4. a peace officer in his official capacity; and

5. a person with an unloaded firearm crossing school property for hunting or other lawful purposes, provided entry to the school property is not prohibited (CGS § 53a-217b, as amended by PA 94-221).

BURGLAR ALARMS IN RETAIL ESTABLISHMENTS

The law requires a retail business or legal entity that sells firearms in its regular course of trade to have a burglar alarm system on the premises where 10 or more firearms are stored and kept for sale. The system must either be directly connected to the local police department or monitored by a central station and must activate when interrupted or when there is unauthorized entry. The law exempts anyone who (1) sells or exchanges firearms to enhance his personal collection or as a hobby, (2) sells firearms from his personal collection, or (3) sells firearms from his residence and keeps 10 or fewer for sale (CGS § 29-37d).

MACHINE GUNS, SAWED-OFF SHOTGUNS, AND SILENCERS

A person who owns a machine gun must register it with the public safety commissioner within 24 hours of purchase and annually thereafter (CGS § 53-202). The person must keep it only at his residence or business. A person is subject to a penalty of five to 10 years imprisonment if he possesses or uses a machine gun for an offensive or aggressive purpose. A person is presumed to possess or use a gun for such a purpose if (1) he takes it outside his home or business, (2) the gun is not registered, (3) empty or loaded machine gun shells are found nearby, or (4) he is an alien or has been convicted of a violent crime. A person who possesses or uses a machine gun while committing a violent crime is subject to imprisonment for up to 20 years.

State law prohibits owning or possessing a sawed-off shotgun, defined as having a barrel of less than 18 inches or an overall length of 26 inches (CGS § 53a-211). The law also prohibits owning or possessing a silencer designed to muffle a firearm's discharge noise. Both offenses carry penalties of one to five years imprisonment, a fine of up to $5,000, or both.

FIREARM CRIMES AND OFFENSES

The following are firearm crimes under state law. (Table 1 shows the penalties for penal code offenses, and Table 2 shows the penalties for misdemeanors.)

Interfering with the legislative process

Class D felony (CGS § 2-1e(c))

Carrying firearms while hunting with packs of dogs

Fine of $10 to $200, imprisonment for up to 60 days, or both (CGS § 26-39)

Using a silencer on a firearm while hunting

Fine of $10 to $200, imprisonment for up to 60 days, or both (CGS § 26-75)

Jacklighting deer

Fine of $200 to $500, imprisonment for 30 days to 6 months, or both, plus forfeiture of firearm and increased penalties for subsequent offenses (CGS § 26-85)

Firearms violations relating to deer hunting

Fine of $25 to $200, imprisonment for up to 60 days, or both, plus forfeiture of firearm (CGS § 26-86a)

Hunting in a state wildlife refuge or closed area

Fine of up to $100 (CGS § 26-107)

Hunting or discharging a firearm from a public highway

Fine of up to $100 (CGS § 53-204)

Unlawfully discharging a firearm

Fine of up to $250, imprisonment for up to 3 months, or both (CGS § 53-203)

Failing to display permit for handgun sales “at retail,” keep records for any such sale, or require appropriate identification from a buyer

Fine of up to $500, imprisonment for up to 3 years or both, plus forfeiture of handgun (CGS § 29-31)

Selling a handgun “at retail” without a permit

Fine of up to $500, imprisonment for up to 3 years, or both, plus forfeiture of the pistol (CGS § 29-28)

Selling a handgun “at retail” in violation of sales procedures, including waiting period and documentation requirements

Fine of up to $500, imprisonment for up to 3 years, or both, plus forfeiture of handgun (CGS § 29-33)

Selling a long gun “at retail” in violation of sales procedures, including the waiting period and documentation requirements

No penalty specified (CGS § 29-37a)

Failing to provide locking device and warning upon retail sale of a firearm

Fine of up to $500 (CGS § 29-37b)

Dealer providing handgun to felon

Fine of up to $500, imprisonment for up to 3 years, or both, plus forfeiture of handgun (CGS § 29-33)

Providing handgun to an alien

Fine of up to $500, imprisonment for up to 3 years, or both, plus forfeiture of handgun (CGS § 29-33)

Providing handgun to a minor or using false information to get a handgun

Fine of up to $500, imprisonment for up to 3 years, or both, plus forfeiture of handgun (CGS § 29-34)

Providing firearm to engage in illegal acts

Fine and imprisonment as if provider was principal offender (CGS § 53a-8)

Carrying a handgun without a permit

Fine of up to $1,000, imprisonment for one to 5 years with a 1-year minimum, mandatory term in the absence of mitigating circumstances, plus forfeiture of the handgun (CGS § 29-35(a))

Carrying a handgun without the permit on one's person

Infraction with a fine of $35 (CGS § 29-35(b))

Watchman, guard, or patrol service employee carrying a firearm without a special permit on duty

Fine of $75 per offense, each violation and each day a separate offense (CGS § 29-161b)

Carrying loaded shotgun, rifle, or muzzleloader in a vehicle or snowmobile

Fine of $10 to $100, imprisonment for up to 30 days, or both (CGS § 53-205)

Carrying a dangerous weapon without a permit

Fine of up to $500, imprisonment for up to 3 years, or both (CGS § 53-206(a))

Failing to notify authorities of the identity of the buyer of a dangerous weapon

Fine of up to $100 (CGS § 53-206(b))

Failing to surrender a revoked handgun carrying permit

Class C misdemeanor (CGS § 29-32)

Altering or removing identification marks or numbers on a handgun

Fine of up to $1,000, imprisonment for up to five years, or both, plus forfeiture of the handgun (CGS § 29-36)

Storing or keeping a loaded firearm where a minor under age 16 can get it (see criminally negligent storage of a firearm--CGS § 53a-217a)

Criminally negligent storage of a firearm

Class D felony (CGS § 53a-217a)

Having a weapon in a vehicle without a permit

Fine of up to $1,000, imprisonment for up to 5 years, or both (CGS § 29-38)

Teaching anyone to use or make firearms, explosives, or incendiary devices for use in civil disorder or assembling with people to do the same

Class C felony (CGS § 53-206b)

Kidnapping in the first degree with a firearm

Class A felony, 1-year mandatory, minimum (CGS § 53a-92a)

Kidnapping in the second degree with a firearm

Class B felony, 3-year mandatory, minimum (CGS § 53a-94a and PA 93-148)

Manslaughter in the first degree with a firearm

Class B felony, 1-year mandatory, minimum (CGS § 53a-55a)

Manslaughter in the second degree with a firearm

Class C felony, 1-year mandatory, minimum (CGS § 53a-56a)

Aggravated sexual assault in the first degree (with a deadly weapon)

Class B felony, 5-year mandatory, minimum (CGS § 53a-70a)

Sexual assault in the third degree with a firearm

Class D felony, 1-year mandatory, minimum (CGS § 53a-72b)

Robbery in the first degree (with a firearm)

Class B felony, 5-year mandatory, minimum if armed with a deadly weapon (CGS § 53a-134)

Robbery in the second degree (with a deadly weapon)

Class C felony (CGS § 53a-135)

Burglary in the first degree (with a deadly weapon)

Class B felony, 5-year mandatory, minimum (CGS § 53a-101)

Burglary in the second degree with a firearm

Class C felony, 1-year mandatory, minimum (CGS § 53a-102a)

Burglary in the third degree with a firearm

Class D felony, 1-year mandatory, minimum (CGS § 53a-103a)

Assault in the first degree (with deadly weapon)

Class B felony, 5-year mandatory, minimum (CGS § 53a-59)

Assault in the second degree with a firearm

Class D felony, 1-year mandatory, minimum (CGS § 53a-60a)

Assault in the second degree (with deadly weapon)

Class D felony (CGS § 53a-60)

Assault of a victim 60 or older in the second degree with a firearm

Class D felony, 3-year mandatory, minimum (CGS § 53a-60c)

Assault in the third degree (with a deadly weapon)

Class A misdemeanor (CGS § 53a-61)

Criminal use of a firearm or electronic defense weapon

Class D felony, 5-year mandatory, minimum (CGS § 53a-216)

Possessing or using a machine gun in a violent crime

Imprisonment from 10 to 20 years (CGS § 53-202(b))

Possessing or using a machine gun for an offensive or aggressive purpose

Fine of up to $1,000, imprisonment for 5 to 10 years, or both (CGS § 53-202 (c))

Possessing an assault weapon illegally

Class D felony, 1-year mandatory, minimum, (PA 93-306 § 3)

Possessing a firearm after conviction for enumerated violent felonies

Class D felony, 2-year mandatory, minimum (CGS § 53a-217, as amended

by PA 91-212)

Possessing a weapon or dangerous instrument in a correctional institution

Class B felony (CGS § 53a-174a)

Possessing a firearm on school grounds

Class D felony (CGS § 53a-217b)

Possessing a sawed-off shotgun or silencer

Class D felony (CGS § 53a-211)

Stealing a firearm

Class D felony (CGS § 53a-212)

Selling a facsimile firearm or brandishing one in peace officer's presence

Class B misdemeanor (CGS § 56-206c)

Selling or transporting an assault weapon

Class C felony, 2-year mandatory, minimum and additional 6-year mandatory, minimum for selling to a minor under age 18 (PA 93-306, § 2)

Committing A, B, or C felony with assault weapon

8-year mandatory, minimum in addition to the sentence for the felony (PA 93-306, § 8)

Committing A, B, or C felony with a firearm other than an assault weapon

5-year mandatory, minimum in addition to the sentence for the felony (PA 93-306, § 9)

Buying a firearm intending to transfer it to an ineligible purchaser (“straw man” sales)

Up to $1000 fine, up to 5 years imprisonment, or both (PA 93-306, § 13)

Soliciting a firearm through a “straw man”

Class B misdemeanor (PA 93-306, § 13)

Soliciting more than one firearm through a “straw man”

Class A misdemeanor (PA 93-306, § 13)

Soliciting firearm through a “straw man” after having been convicted of a felony in the five year preceding years

Class D felony (PA 93-306, § 13)

A felony is punishable by a fine, a term of imprisonment, or both. The judge must impose a specific term of imprisonment. Table 2 shows the range within which the judge must set the specific sentence. Many of the listed crimes have a minimum period of incarceration that the judge cannot suspend or reduce.

Table 1

Penalties for Certain Connecticut Penal Code Offenses

Classification of Crime Imprisonment Fine

Class A felony 10 to 25 years up to $10,000

Class B felony 1 to 20 years up to $10,000

Class C felony 1 to 10 years up to $ 5,000

Class D felony 1 to 5 years up to $ 5,000

Table 2

Penalties for Misdemeanors

Classifiction of Crime Imprisonment Fine

Class A misdemeanor up to 1 year up to $2,000

Class B misdemeanor up to 6 months up to $1,000

Class C misdemeanor up to 3 months up to $500

FIREARM CRIMES WITH MANDATORY, MINIMUM SENTENCES

The following firearm crimes carry mandatory, minimum sentences.

Class A Felonies

Kidnapping in the first degree with a firearm

1-year mandatory minimum (CGS § 53a-92a)

Class B Felonies

Manslaughter in the first degree with a firearm

1-year mandatory, minimum (CGS § 53a-55a)

Kidnapping in the second degree with a firearm

3-year mandatory, minimum (CGS § 53a-94a & PA 93-148)

Robbery in the first degree with a firearm

5-year mandatory, minimum (CGS § 53a-134)

Aggravated sexual assault in the first degree (with a deadly weapon)

1-year mandatory, minimum (CGS § 53a-70a)

Robbery in the first degree (with a firearm)

5-year mandatory, minimum (CGS § 53a-134)

Assault in the first degree (with a deadly weapon)

5-year mandatory, minimum (CGS § 53a-59)

Burglary in the first degree (with a deadly weapon)

5-year mandatory, minimum (CGS § 53a-101)

Class C Felonies

Manslaughter in the second degree with a firearm

1-year mandatory, minimum (CGS § 53a-56a)

Burglary in the second degree with a firearm

1-year mandatory, minimum (CGS § 53a-102a)

Selling or transporting an assault weapon

2-year mandatory, minimum and additional 6-year mandatory, minimum for selling to a minor under age 18 (PA 93-306, § 2)

Class D Felonies

Assault in the second degree with a firearm

1-year mandatory, minimum (CGS § 53a-60)

Assault of a victim age 60 or older in the second degree with a firearm

3-year mandatory, minimum (CGS § 53a-60c)

Sexual assault in the third degree with a firearm

1-year mandatory, minimum (CGS § 53a-72b)

Burglary in the third degree with a firearm

1-year mandatory, minimum (CGS § 53a-103a)

Criminal use of a firearm

5-year mandatory, minimum (CGS § 53a-216)

Assault in the third degree assault with a deadly weapon

1-year mandatory, minimum (CGS § 93a-61a)

Possessing an assault weapon illegally

1-year mandatory, minimum (PA 93-306, § 3)

Possessing a firearm after conviction for enumerated offenses

2-year mandatory, minimum (CGS § 53a-217, as amended by PA 91-212)

Other Offenses

Carrying handgun without a permit if no mitigating circumstances

1-year mandatory minimum (CGS § 29-37(b))

Committing A, B, or C felony with assault weapon

8-year mandatory, minimum (PA 93-305, § 8)

Committing A, B, or C felony with firearm other than assault weapon

5-year mandatory, minimum (PA 93-306, § 9)

VR:lav