Connecticut General Statutes Section 53-202aa establishes the crime of firearms trafficking and imposes severe penalties on persons who funnel firearms to prohibited individuals. The statute was enacted in 2007 and significantly strengthened in 2013, reflecting the state's commitment to disrupting the illegal firearms supply chain.[1]
Definition of Firearms Trafficking
A person is guilty of firearms trafficking if they knowingly and intentionally, directly or indirectly, cause one or more firearms that they own, possess, or control to come into the possession or control of another person who they know or have reason to believe is prohibited from owning or possessing any firearm under state or federal law.[1]
The statute requires two elements of knowledge: the trafficker must act "knowingly and intentionally," and they must know or have reason to believe that the recipient is a prohibited person. This includes situations where the trafficker should reasonably have known the recipient was ineligible, even if they did not have direct confirmation.
Penalty Structure
The penalties for firearms trafficking are divided into two tiers based on the date of the offense:[1]
Offenses Between October 1, 2007 and October 1, 2013
| Number of Firearms | Classification | Maximum Penalty |
|---|---|---|
| Five or fewer | Class C felony | Up to 10 years imprisonment, up to $10,000 fine |
| More than five | Class B felony | Up to 20 years imprisonment, up to $15,000 fine |
Offenses On or After October 1, 2013
Any violation of the statute on or after October 1, 2013 -- regardless of the number of firearms involved -- is a Class B felony. This means that even trafficking a single firearm to a prohibited person carries the enhanced penalty.[1]
The 2013 enhancement includes a mandatory minimum sentence: three years of the sentence imposed may not be suspended or reduced by the court. Additionally, $10,000 of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for doing so.[1]
Comparison of Penalty Tiers
| Offense Date | Classification | Mandatory Minimum | Maximum Sentence |
|---|---|---|---|
| Oct. 1, 2007 to Oct. 1, 2013 (5 or fewer firearms) | Class C felony | None | 10 years |
| Oct. 1, 2007 to Oct. 1, 2013 (more than 5 firearms) | Class B felony | None | 20 years |
| On or after Oct. 1, 2013 (any number) | Class B felony | 3 years (non-suspendable) | 20 years |
Related Offenses
Firearms trafficking under CGS 53-202aa is distinct from several related but separate offenses in Connecticut law:[2]
- Straw purchasing: Connecticut criminalizes purchasing a firearm with the intent to transfer it to a prohibited person
- Illegal sale under CGS 29-33: Selling a handgun without the required authorization number is a Class C felony with a mandatory minimum two-year sentence
- Solicitation: A prohibited person who solicits another to conduct an illegal firearms transfer also faces criminal liability
Enforcement
The Office of the Chief State's Attorney operates the Connecticut Firearms Trafficking Task Force, which coordinates with municipal and state law enforcement to investigate and prosecute trafficking cases. The task force focuses on recovering illegally distributed firearms and identifying trafficking networks that supply firearms to prohibited persons in Connecticut's cities.[2]
What This Means for Firearm Owners
Any person who sells or transfers a firearm to someone they know or should know is prohibited from possessing firearms faces a minimum of three years in prison. This applies regardless of how many firearms are involved. Sellers should always verify that the buyer holds a valid Connecticut permit or eligibility certificate and obtain a DESPP authorization number before completing any transfer. Failing to take these steps may expose the seller to both trafficking charges under CGS 53-202aa and illegal sale charges under CGS 29-33 or CGS 29-37a.
Sources
[1] CGS 53-202aa -- Firearms trafficking (Justia)
Title 53, Chapter 943, 53-202aa