CGS 53-202aa:
Firearms Trafficking Penalties

Connecticut General Statutes Section 53-202aa establishes the crime of firearms trafficking and makes it a felony to cause firearms to come into the possession or control of a person the offender knows or has reason to believe is prohibited from owning or possessing any firearm. The statute was enacted in 2007 by P.A. 07-163 and amended in 2013 by P.A. 13-3, which made every violation on or after October 1, 2013 a class B felony for which three years of the sentence may not be suspended or reduced.^[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. For this section, "firearm" does not include a rifle or shotgun or an antique firearm as defined in CGS 29-37a.^[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. The statute reaches a trafficker who knows, or who has reason to believe, that the recipient is prohibited from owning or possessing any firearm under state or federal law.

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:^[3]

• Straw purchasing: Under CGS 29-37j, Connecticut criminalizes purchasing a firearm with the intent to transfer it to a person the buyer knows or has reason to believe is prohibited from purchasing or otherwise receiving a firearm
• 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: Under CGS 29-37j, a person prohibited from purchasing or otherwise receiving or possessing a firearm who solicits, employs or assists any person in such a straw purchase also faces criminal liability

Enforcement

CGS 29-38e establishes a state-wide firearms trafficking task force within the Division of State Police of the Department of Emergency Services and Public Protection. The task force is made up of municipal and state law enforcement officers, may include federal law enforcement officers and coordinates its activities with other law enforcement agencies. Its duties include identifying persons illegally trafficking in firearms and focusing resources to prosecute them, and tracking firearms sold or distributed illegally so they can be removed from persons illegally in possession of them.^[2]

What This Means for Firearm Owners

Any person who knowingly and intentionally, directly or indirectly, causes a firearm covered by CGS 53-202aa that the person owns, possesses or controls to come into the possession or control of someone they know or have reason to believe is prohibited from owning or possessing any firearm under state or federal law is guilty of a class B felony for which three years of the sentence imposed may not be suspended or reduced by the court, for an offense on or after October 1, 2013. This applies regardless of how many firearms are involved. Before a pistol, revolver or long gun is sold, delivered or otherwise transferred, the transferor must complete a transfer document on a form prescribed and furnished by the Commissioner of Emergency Services and Public Protection and obtain an authorization number from the commissioner, and the person receiving it must hold a valid permit to carry a pistol or revolver, a valid permit to sell firearms at retail or a valid eligibility certificate, except as CGS 29-33 and CGS 29-37a otherwise provide. Failure to comply with the sale or transfer requirements may expose the seller to illegal sale charges under CGS 29-33 or CGS 29-37a. Trafficking charges under CGS 53-202aa also require that the seller knowingly and intentionally, directly or indirectly, cause a firearm to come into the possession or control of someone the seller knows or has reason to believe is prohibited from owning or possessing any firearm under state or federal law. That section excludes rifles, shotguns and antique firearms as defined in CGS 29-37a.