2005 Connecticut Code - Sec. 53a-217. Criminal possession of a firearm or electronic defense weapon: Class D felony.

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 restraining or protective order of a court of this state or to a foreign order of protection, as defined in section 46b-15a, 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 (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. 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.)

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 amended Subsec. (a) to add Subdiv. (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 amended Subsec. (a) to add Subdiv. (3) 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 add Subdiv. (4) 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.

Cited. 200 C. 453, 458. Cited. 221 C. 915. Cited. 227 C. 363, 365, 368. Cited. 229 C. 164, 166. Cited. Id., 385, 388, 390, 395. Cited. 231 C. 235, 250-252. Cited. 234 C. 324, 330, 335, 338, 339. Cited. Id., 455, 464. Cited. 235 C. 274, 276. Cited. Id., 402-404. Cited. 238 C. 389. Cited. 242 C. 143. Cited. Id., 648. Cited. 247 C. 318.

Cited. 6 CA 189, 190. Cited. 11 CA 11, 12, 15. Cited. 15 CA 161, 166, 173, 174, 180, 181, 184, 185. Cited. Id., 342- 344, 355. Cited. 19 CA 48, 51, 59. Cited. 26 CA 367, 368, 375, 377. Cited. 29 CA 207, 209, 212. Cited. 30 CA 249, 250, 259. Cited. Id., 340, 341, 343. Cited. 33 CA 521-523. Cited. 34 CA 236, 238. Cited. 35 CA 781-783. Cited. 36 CA 805, 821. Cited. 37 CA 276, 277, 287, 290. Cited. 39 CA 82, 90. Cited. 40 CA 151, 153. Cited. 45 CA 584. Weapons possessed by convicted murderer are contraband and cannot be given away by the convicted murderer. 65 CA 360.

Subsec. (a):

Cited. 228 C. 384, 385. Cited. 229 C. 164, 166. Cited. 231 C. 235, 237. Cited. 241 C. 413.

Cited. 15 CA 161, 163. Cited. Id., 330, 331. Cited. Id., 749-751. Cited. 19 CA 48, 61. Cited. Id., 576, 577. Cited. 20 CA 137, 138. Cited. 24 CA 685, 686. Cited. 30 CA 26, 28. Cited. 33 CA 521, 522. Cited. 39 CA 82, 84. Cited. 40 CA 151, 153. 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.

Subsec. (b):

Cited. 19 CA 48, 51. Cited. 33 CA 521, 531, 532.