CGS 53-202b:
Assault Weapon Sale and Transfer Ban

Connecticut General Statutes Section 53-202b makes it unlawful for any person, within Connecticut, to distribute, transport or import into the state, keep for sale, offer or expose for sale, or give any assault weapon as defined in CGS 53-202a, except as provided by CGS 53-202a to 53-202k.^[1]

Prohibited Conduct

Any person who, within Connecticut, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or gives any assault weapon, except as provided by CGS 53-202a to 53-202k, is guilty of a Class C felony.^[1] A Class C felony in Connecticut carries a maximum penalty of up to 10 years imprisonment and a fine of up to $10,000.

Mandatory Minimum Sentence

The statute imposes a mandatory minimum sentence of two years imprisonment that may not be suspended or reduced by the court.^[1] This mandatory minimum applies regardless of whether it is a first offense.

Enhanced Penalty for Transfers to Minors

Any person who transfers, sells, or gives any assault weapon to a person under eighteen years of age in violation of subdivision (1) of subsection (a) shall be sentenced to an additional term of imprisonment of six years. This six-year sentence may not be suspended or reduced and must run consecutive to the base sentence imposed for the underlying violation.^[1]

Exemptions

The prohibition does not apply to:

• Sales to the Department of Emergency Services and Public Protection (DESPP), police departments, the Department of Correction, the Division of Criminal Justice, the Department of Motor Vehicles, the Department of Energy and Environmental Protection, or military/naval forces of the state or United States
• Sales to a sworn and duly certified member of an organized police department, the Division of State Police within DESPP or the Department of Correction, a chief inspector or inspector in the Division of Criminal Justice, a salaried inspector of motor vehicles designated by the Commissioner of Motor Vehicles, a conservation officer or special conservation officer appointed under CGS 26-5, or a certified constable appointed to perform criminal law enforcement duties, pursuant to a letter on the letterhead of the department, division, commissioner or authority authorizing the purchase, stating that the officer will use the assault weapon in the discharge of official duties, and stating that a records check indicates the officer has not been convicted of a crime of family violence. The weapon is for use in official duties or when off duty.
• Sales to a member of the military or naval forces of this state or of the United States
• Sales to a nuclear facility licensed by the United States Nuclear Regulatory Commission, or a contractor or subcontractor of the facility, for providing security services at the facility
• An executor or administrator of an estate that includes an assault weapon with a certificate of possession under CGS 53-202d, when the weapon is disposed of as authorized by the Probate Court and the disposition is otherwise permitted by CGS 53-202a to 53-202k
• The transfer of an assault weapon with a certificate of possession under CGS 53-202d by bequest or intestate succession, or, upon the death of a testator or settlor, to a trust or from a trust to a beneficiary who is eligible to possess the assault weapon
• Sales or transfers of an assault weapon possessed under a certificate of possession issued under CGS 53-202d to a licensed gun dealer (CGS 53-202d(b))

Olympic Pistol Exception

The Commissioner of DESPP must adopt regulations designating semiautomatic pistols that qualify as assault weapons under CGS 53-202a(1)(B) through (F) and are designed expressly for Olympic target shooting. Their use must be sanctioned by both the International Olympic Committee and USA Shooting, or any subsequent corresponding governing board for international shooting competition in the United States. The purchaser must sign the prescribed form stating that the pistol will be used primarily for target shooting practice and events.^[1]

What This Means for Gun Owners

Persons who hold a valid Certificate of Possession for a grandfathered assault weapon may sell or transfer it within Connecticut to a licensed gun dealer, relinquish it to law enforcement under CGS 53-202e, or transfer it by bequest or intestate succession. Upon the death of a testator or settlor, it may also be transferred to a trust or from a trust to a beneficiary eligible to possess it. Private sales between family members do not create a separate exception.^[2]

See also: CGS 53-202c: Assault Weapon Possession Ban