2005 Connecticut Code - Sec. 29-38. Weapons in vehicles.
Sec. 29-38. Weapons in vehicles. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for
which a proper permit has not been issued as provided in section 29-28 or any machine
gun which has not been registered as required by section 53-202, shall be fined not
more than one thousand dollars or imprisoned not more than five years or both, and the
presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall
be prima facie evidence of a violation of this section by the owner, operator and each
occupant thereof. The word "weapon", as used in this section, means any BB. gun, any
blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife
or switch knife, any knife having an automatic spring release device by which a blade
is released from the handle, having a blade of over one and one-half inches in length,
any stiletto, any knife the edged portion of the blade of which is four inches or over in
length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument.
(1949 Rev., S. 4169; 1953, S. 2133d; P.A. 86-280, S. 1; P.A. 87-220, S. 2; P.A. 98-129, S. 11; June Sp. Sess. P.A. 98-1, S. 120, 121; P.A. 99-212, S. 14.)
History: P.A. 86-280 included martial arts weapons in definition of weapon and added exception for persons enrolled in and attending a martial arts school while traveling to and from such school; P.A. 87-220 made technical changes and deleted provision including "nunchaku and chinese stars" within meaning of a martial arts weapon since weapons are already included in referenced definition of Sec. 53a-3; P.A. 98-129 deleted reference to a permit for a weapon issued pursuant to Sec. 53-206, redefined "weapon" to add BB. gun and electronic defense weapon and exclude sand bag and slung shot and added exception permitting certain individuals to have a knife with a blade of four inches or more in a vehicle; June Sp. Sess. P.A. 98-1 repealed Sec. 11 of P.A. 98-129, thereby nullifying the changes in P.A. 98-129, effective June 24, 1998; P.A. 99-212 inserted Subsec. indicators, amended Subsec. (a) to delete reference to a permit for a weapon issued pursuant to Sec. 53-206, redefined "weapon" to add BB. gun, police baton or nightstick and electronic defense weapon and delete slung shot and sand bag, rephrased and repositioned provisions and made provisions gender neutral and amended Subsec. (b) to add Subdiv. (1) re exception for officer charged with preservation of public peace, add Subdiv. (2) re exception for security guard having a baton or nightstick in vehicle, designate existing exception for martial arts students as Subdiv. (3) and amend said Subdiv. to include any certified martial arts instructor and include having martial arts weapon in vehicle while traveling to or from an authorized event or competition, add Subdiv. (4) re exception for any person having BB. gun that is unloaded and secured in vehicle and add Subdiv. (5) re exception for certain persons having knife with a blade of four inches or more in vehicle under certain circumstances.
After defendant's loaded revolver was removed from his waistband while he was seated in his car after midnight in a high crime area, officer justified in seizure and arrest of defendant under the circumstances of speedy information by informant. 157 C. 114. Search of defendant's car, upon his arrest for breach of the peace, which yielded weapon was incidental to his arrest and properly made. Id., 222. Cited. 163 C. 176. This section has the effect of placing the burden of proof on alleged violators constituting a denial of due process and is therefore invalid. 165 C. 577, 597. Cited. 170 C. 81, 85, 92, 93. State must prove beyond reasonable doubt that proper permit had not been issued, since that is essential element of the crime. Id., 234. Cited. 172 C. 21. Cited. Id., 94, 95, 100, 103. Cited. 174 C. 22, 23. Cited. Id., 405, 406. Cited. 178 C. 534, 536; 179 C. 516, 520, 521. Cited. 183 C. 148, 149, 151. Cited. 188 C. 406, 407. Cited. 189 C. 35, 36. Cited. 190 C. 259, 260. Cited. 193 C. 7, 8, 12. Cited. 195 C. 668, 672, 673, 676. Cited. 197 C. 358, 359. Cited. 201 C. 190, 191. Cited. 205 C. 262, 264. Cited. Id., 370, 372-374, 384, 385. Cited. 207 C. 565, 567. Cited. 209 C. 98, 99, 124. Cited. 211 C. 258, 260, 262, 272-276. Cited. 217 C. 73, 93. Cited. 222 C. 718, 720. Cited. 225 C. 650, 652. Cited. 227 C. 363, 365. Cited. 233 C. 215, 217. Cited. 237 C. 348, 352, 359, 363. Cited. 239 C. 56. Cited. 240 C. 489.
Cited. 7 CA 95, 98. Cited. 9 CA 169-171, 175, 176; judgment reversed, see 205 C. 370, 385. Cited. Id., 330, 331, 337- 340. Cited. 10 CA 395, 403. Cited. 11 CA 11, 14, 19, 20. Cited. Id., 251. Cited. Id., 621-624. Cited. 12 CA 268, 269. Cited. 13 CA 76-78, 86, 87. Cited. Id., 288-290. Cited. 15 CA 305. Cited. 17 CA 243, 245, 246. Cited. Id., 556, 558, 560-562. Cited. 19 CA 48, 51, 59. Cited. 21 CA 299, 306. Cited. 23 CA 602, 604. Cited. 25 CA 181, 182, 186, 187; Id., 433, 434, 445. Cited. 30 CA 9, 10. Cited. Id., 232, 234. Cited. 38 CA 434, 435, 444. Cited. 45 CA 110. Elements discussed. 47 CA 586. Statute does not require state to prove that defendant possessed the knife in the vehicle; it is sufficient for state to prove beyond a reasonable doubt that defendant knew the knife was in the vehicle. 63 CA 228. Is not a crime to have a hammer in a motor vehicle unless it is intended to be used as a dangerous instrument or for some other illicit purpose. 70 CA 855.
Separate and distinct crime from the carrying of dangerous weapons on the person. 10 CS 272. Cited. 22 CS 173; id., 201; 23 CS 82. Cited. 35 CS 659, 661.
Cited. 5 Conn. Cir. Ct. 119.
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