CGS 53-202w:
Large-Capacity Magazine Ban

Connecticut General Statutes Section 53-202w prohibits the distribution, importation, sale, purchase, and possession of large-capacity magazines.^[1] This statute was originally enacted on April 4, 2013, and amended by HB 6667 (Public Act 23-53) in 2023.^[2]

Definition

A "large capacity magazine" is defined as any firearm magazine, belt, drum, feed strip, or similar device that has the capacity of, or can be readily restored or converted to accept, more than 10 rounds of ammunition.^[1] The following are excluded from this definition:

• Magazines that have been permanently altered so they cannot accept more than 10 rounds
• .22 caliber tube ammunition feeding devices
• Tubular magazines contained in lever-action firearms
• Magazines that are permanently inoperable

Prohibited Conduct

Except as provided in the statute, on and after April 5, 2013, any person who, within Connecticut, distributes, imports into the state, keeps for sale, offers or exposes for sale, or purchases a large-capacity magazine is guilty of a class D felony. Any person who, within Connecticut, transfers a large-capacity magazine, except as the statute permits, is also guilty of a class D felony.^[1]

Possession Penalties

The penalties for possession of a large-capacity magazine depend on the possessor's eligibility status:^[1]

• Prohibited persons (those ineligible to possess firearms): Class D felony, up to 5 years imprisonment and up to $5,000 fine
• Non-prohibited persons (those otherwise eligible to possess firearms): Class A misdemeanor, up to 364 days imprisonment and up to $2,000 fine (as amended by HB 6667 in 2023)

The court may order suspension of prosecution, in addition to any other diversionary programs available to the defendant, if the court finds that the violation is not of a serious nature and that the person charged will probably not offend in the future, has not previously been convicted of a violation of CGS 53-202w, and has not previously had a prosecution under CGS 53-202w suspended.

Grandfathering and Declaration

A person who lawfully possessed a large-capacity magazine prior to January 1, 2014, was required to apply to DESPP by January 1, 2014, to declare possession under CGS 53-202x. A member of the military or naval forces of Connecticut or the United States who could not apply by that date because of official duty outside the state must apply within ninety days of returning. A person who has declared possession may possess the magazine.^[3] Public Act 23-203 provided that a person who lawfully possessed a large-capacity magazine before January 1, 2014, and had not yet declared possession as of July 1, 2023, must apply by January 1, 2024.^[4]

Truthful information included on a timely application under the 2023 declaration reopening may not be used against the person in a criminal prosecution for possession of that large-capacity magazine.

Restrictions on Declared Magazines

Persons who have properly declared their large-capacity magazines may possess them only under specific circumstances:^[3]

• At their residence
• At their place of business or other property they own, provided the magazine contains not more than ten bullets
• On the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets
• On a target range that holds a regulatory or business license for the purpose of practicing shooting at that range
• On the premises of a licensed shooting club
• During transport between these locations or to a licensed dealer, provided the magazine contains no more than 10 bullets and is transported as required by CGS 53-202f(a)(2)
• Under a valid permit to carry a pistol or revolver, provided the magazine is within a pistol or revolver the person lawfully possessed prior to April 5, 2013, does not extend more than one inch below the bottom of the pistol grip, and contains not more than ten bullets

Persons Moving Into Connecticut

Persons relocating to Connecticut who lawfully possessed large-capacity magazines in their prior state of residence have 90 days to render the magazines permanently inoperable, sell them to a licensed dealer, or remove them from the state. Members of the military or naval forces of Connecticut or the United States who lawfully possess such magazines and are transferred into Connecticut after January 1, 2024, may instead apply to DESPP to declare possession within 90 days of arriving.^[3]

Law Enforcement Exemptions

A large capacity magazine may be possessed, purchased or imported by sworn members of police departments and the other officers listed in the statute, for use in the discharge of their official duties or when off duty, and by members of the military or naval forces of Connecticut or the United States. Qualifying retired or separated law enforcement officers who possess magazines purchased or obtained for official use must declare possession to DESPP within 90 days of retirement or separation.^[1]