Sec. 53a-217. Criminal possession of a firearm or electronic defense weapon: Class D felony. - Connecticut Statutes

      Sec. 53a-217. Criminal possession of a firearm or electronic defense weapon: Class D felony. (a) A person is guilty of criminal possession of a firearm or electronic defense weapon when such person possesses a firearm or electronic defense weapon and (1) has been convicted of a felony, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice and an opportunity to be heard has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person, (4) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, or (5) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4). For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.

      (b) Criminal possession of a firearm or electronic defense weapon is a class D felony, for which two years of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 82-464, S. 1; P.A. 86-287, S. 5; P.A. 91-212; P.A. 98-129, S. 12; P.A. 99-212, S. 1; P.A. 01-130, S. 15; P.A. 03-98, S. 4; P.A. 05-147, S. 4; 05-283, S. 2.)

      History: P.A. 86-287 added reference to electronic defense weapons; P.A. 91-212 replaced "pistol, revolver" with "firearm" and made technical changes; P.A. 98-129 added Subsec. (a)(2) prohibiting possession by a person who has been convicted as delinquent for the commission of a serious juvenile offense; P.A. 99-212 made provisions applicable to a person convicted of any felony rather than only of a capital felony and specified class A, B, C and D felonies; P.A. 01-130 added Subsecs. (a)(3) and (4) re possession by a person who knows he or she is subject to a restraining or protective order issued after notice and an opportunity to be heard in a case involving the use, attempted use or threatened use of physical force against another person and re possession by a person who knows he or she is subject to a firearms seizure order issued pursuant to Sec. 29-38c after notice and an opportunity to be heard; P.A. 03-98 amended Subsec. (a)(3) by replacing "protective order issued by a court" with "protective order of a court of this state" and adding provisions re foreign order of protection and re order that has been issued against such person; P.A. 05-147 amended Subsec. (a)(3) to designate existing provisions re a restraining or protective order as Subpara. (A), designate existing provisions re a foreign order of protection as Subpara. (B) and amend said Subpara. (B) to delete the requirement that the foreign order of protection has been issued "after notice and an opportunity to be heard has been provided to such person"; P.A. 05-283 added Subsec. (a)(5) re possession by a person who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4).

      Cited. 200 C. 453. Cited. 221 C. 915. Cited. 227 C. 363. Cited. 229 C. 164; Id., 385. Cited. 231 C. 235. Cited. 234 C. 324; Id., 455. Cited. 235 C. 274; Id., 402. Cited. 238 C. 389. Cited. 242 C. 143; Id., 648. Cited. 247 C. 318.

      Cited. 6 CA 189. Cited. 11 CA 11. Cited. 15 CA 161; Id., 342. Cited. 19 CA 48. Cited. 26 CA 367. Cited. 29 CA 207. Cited. 30 CA 249; Id., 340. Cited. 33 CA 521. Cited. 34 CA 236. Cited. 35 CA 781. Cited. 36 CA 805. Cited. 37 CA 276. Cited. 39 CA 82. Cited. 40 CA 151. Cited. 45 CA 584. Weapons possessed by convicted murderer are contraband and cannot be given away by the convicted murderer. 65 CA 360.

      Replica antique pistol, which fired a .44 caliber ball propelled by a black powder charge, instead of a bullet from a fixed cartridge, constituted a weapon under section; defendant's claim of implicit "antique gun exception" to prohibitions of section rejected. 49 CS 248.

      Subsec. (a):

      Cited. 228 C. 384. Cited. 241 C. 413.

      Cited. 15 CA 330; Id., 749. Cited. 19 CA 576. Cited. 20 CA 137. Cited. 24 CA 685. Cited. 30 CA 26. Cited. 42 CA 768. Cited. 45 CA 390. Court upheld prior rulings that convictions under both Sec. 29-35(a) and Subdiv. (1) do not constitute double jeopardy. 83 CA 377. Fact that the weapon in evidence had a pistol grip and could not be fired from the shoulder was of no consequence because it was a weapon capable of discharging a gunshot and therefore satisfied statutory definition of firearm. 99 CA 183.