Connecticut General Statutes Section 53a-217 establishes the crime of criminal possession of a firearm, ammunition, or an electronic defense weapon. This statute is the primary law prohibiting certain categories of individuals from possessing firearms in Connecticut, and it carries one of the most severe mandatory minimum sentences in the state's firearms penalty structure.[1]
Prohibited Categories
A person is guilty of criminal possession of a firearm, ammunition, or an electronic defense weapon when they possess any of these items and fall into one of the following categories:[1]
- Convicted felon: Any person who has been convicted of a felony committed prior to, on, or after October 1, 2013.
- Disqualifying misdemeanor: Any person convicted of a misdemeanor listed in CGS 53a-217(a) committed on or after October 1, 2013. These misdemeanors generally mirror the disqualifying offenses for permit eligibility.
- Juvenile adjudication: Any person adjudged a delinquent for a serious juvenile offense that would have been a felony if committed by an adult.
- Not guilty by reason of insanity: Any person found not guilty by reason of mental disease or defect under CGS 53a-13, within 20 years after discharge from custody or conditional release.
- Protective or restraining order: Any person who is subject to a restraining or protective order issued by a court in a case involving the use, attempted use, or threatened use of physical force.
- Recent psychiatric admission: Any person who has been voluntarily admitted to a hospital for psychiatric disabilities within the preceding six months, or who has been confined to such a hospital by order of a probate court within the preceding sixty months (twelve months for certain permit or certificate holders).
- Firearms seizure order: Any person subject to a firearm seizure order under CGS 29-38c (risk protection order).
Definition of Key Terms
The statute defines several terms critical to its application:[1]
- "Convicted" means having a judgment of conviction entered by a court of competent jurisdiction.
- "Ammunition" means a loaded cartridge consisting of a primed case, propellant, or projectile designed for use in any firearm.
- "Firearm" has been interpreted broadly by Connecticut courts. Notably, courts have held that BB guns and pellet guns capable of firing projectiles may qualify as "firearms" under this statute.[2]
Penalties
Criminal possession of a firearm, ammunition, or an electronic defense weapon is a Class C felony, carrying the following penalties:[1]
- Up to 10 years imprisonment
- A mandatory minimum of 2 years and 1 day that may not be suspended or reduced by the court
- A fine of up to $10,000, of which $5,000 may not be remitted or reduced unless the court states on the record its reasons for doing so
The mandatory minimum provision is significant. Unlike many other Connecticut firearms offenses where a court retains some discretion to suspend or reduce a sentence, CGS 53a-217 explicitly prohibits suspension of the 2-year minimum. This means that any person convicted under this statute will serve at least 2 years in prison regardless of the circumstances.
Related Statutes
CGS 53a-217 is part of a family of related possession offenses:
- CGS 53a-217c (Criminal possession of a pistol or revolver): A separate Class C felony offense that applies to persons who possess a pistol or revolver without the required permit or eligibility certificate.[3]
- CGS 53a-217b (Weapon on school grounds): A Class D felony for possessing a firearm on the grounds of a public or private school.[4]
What This Means for Prohibited Persons
The breadth of CGS 53a-217 means that a wide range of individuals are prohibited from possessing not only firearms but also ammunition and electronic defense weapons (such as stun guns). Persons who fall into any prohibited category should be aware that even temporary or constructive possession -- such as having access to a firearm stored in a shared residence -- may be sufficient to support a charge. Anyone who is unsure of their eligibility status should consult a licensed attorney before possessing any firearm or ammunition in Connecticut.