CGS 53a-217:
Illegal Possession by Convicted Felon

Connecticut General Statutes Section 53a-217 establishes the crime of criminal possession of a firearm, ammunition, or an electronic defense weapon. This statute prohibits certain categories of individuals from possessing firearms, ammunition or electronic defense weapons in Connecticut, and two years and one day of the sentence imposed may not be suspended or reduced by the court.^[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. A motor vehicle violation for which a sentence to a term of imprisonment of more than one year may be imposed is deemed an unclassified felony for this purpose.
• Disqualifying misdemeanor: The disqualifying misdemeanors in CGS 53a-217(a)(1) have different timing requirements. A misdemeanor violation of CGS 21a-279 must occur on or after October 1, 2015. The offenses listed in subparagraph (C) must be committed on or after October 1, 2013 and during the preceding 20 years. A misdemeanor designated as a family violence crime under CGS 46b-38h must be committed on or after October 1, 2023. The same misdemeanor sections are also disqualifiers for a state or temporary state carry permit under CGS 29-28(c), which uses a look-back of eight years rather than twenty for the subparagraph (C) offenses.
• Juvenile adjudication: Any person convicted as delinquent for a serious juvenile offense as defined in CGS 46b-120.
• Not guilty by reason of insanity: Any person discharged from custody within the preceding 20 years after being found not guilty of a crime by reason of mental disease or defect under CGS 53a-13.
• Protective or restraining order: Any person who knows they are subject to a Connecticut restraining or protective order issued after notice, or a foreign order of protection, in a case involving the use, attempted use, or threatened use of physical force against another person.
• Recent psychiatric admission: Any person who has been confined on or after October 1, 2013, in a hospital for persons with psychiatric disabilities within the preceding sixty months by order of a probate court (within the preceding twelve months for a person who holds a valid permit or certificate issued or renewed under CGS 29-28 or 29-36f in effect prior to October 1, 2013), or who has been voluntarily admitted on or after October 1, 2013, or committed under an emergency certificate under CGS 17a-502 on or after October 1, 2023, to such a hospital within the preceding six months for care and treatment of a psychiatric disability. This does not apply to a person admitted or committed solely for being an alcohol-dependent person or a drug-dependent person, or to a police officer who was voluntarily admitted and had the firearm, ammunition or electronic defense weapon used in his or her official duties returned under CGS 7-291d.
• Firearms seizure order: Any person who knows they are subject to a firearms seizure order issued under CGS 29-38c before June 1, 2022, after notice and an opportunity to be heard, or a risk protection order or risk protection investigation order issued under that section on or after June 1, 2022.
• Federal prohibition: Any person who is prohibited from shipping, transporting, possessing or receiving a firearm under 18 USC 922(g)(2), (g)(4) or (g)(9).

Definition of Key Terms

The statute defines two of the terms below, and the definition of firearm comes from CGS 53a-3.^[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" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged (CGS 53a-3). The Connecticut Supreme Court has held that this definition includes a BB gun.^[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

CGS 53a-217(b) provides that two years and one day of the sentence imposed may not be suspended or reduced by the court.

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 and fall within one of the prohibited categories listed in the statute.^[3]
• CGS 53a-217b (Weapon on school grounds): A Class D felony for possessing a firearm or deadly weapon on public or private elementary or secondary school property or at a school-sponsored activity, knowing the possession is not licensed or privileged, subject to the exemptions in subsection (b).^[4]

What This Means for Prohibited Persons

CGS 53a-217 prohibits persons in these categories from possessing not only firearms but also ammunition and electronic defense weapons, which CGS 53a-3 defines to include a stun gun. Persons who fall into any prohibited category should be aware that physical possession or exercising dominion or control over a firearm may support a charge. A firearm stored in a shared residence may fall within this rule when the prohibited person exercises dominion or control over it. Anyone who is unsure of their eligibility status should consult a licensed attorney before possessing any firearm or ammunition in Connecticut.