Quick Reference
Magazine Capacity Restrictions
Constitutional (Permitless) Carry Allowed
Red Flag Laws
Carry in Alcohol Establishments Allowed
Open Carry Allowed
No Weapons Signs Enforced by Law
NFA Weapons Allowed
Duty to Retreat
Duty to Inform Law Enforcement
"Universal" Background Checks Required
Table of Contents
State Law Summary
Constitution of the State of Connecticut - Article I, Section 15
“Every citizen has a right to bear arms in defense of himself and the state"
Connecticut's firearm law history has been shaped by a series of significant legal cases, legislative changes, and events reflecting the state's evolving approach to gun regulation. The landmark case of State v. McIntosh in 1981 highlighted the interpretation of the state’s constitutional right to bear arms, affirming that the Second Amendment extends to individual citizens. Following the tragic Sandy Hook Elementary School shooting in 2012, Connecticut enacted some of the nation's strictest gun control laws, including the ban on certain assault weapons and high-capacity magazines. In response to ongoing debates, the state has also seen legal challenges, such as Shew v. Malloy, which questioned the constitutionality of these regulations. Throughout this history, the balance between public safety concerns and the rights of firearm owners has been a focal point of legislative discussions and court rulings in Connecticut.
Permit Eligibility, Training and Application Process
The history of concealed carry permits in Connecticut has evolved significantly over the years. In 1965, the state enacted its first comprehensive gun control law, which required individuals to obtain a permit to carry a pistol or revolver. In 1995, Connecticut's legislature introduced significant reforms, allowing for a more streamlined process for permit applications and emphasizing the need for safety training. In 2013, following the Sandy Hook Elementary School tragedy, the state passed stricter gun control measures, including enhanced background checks and a ban on certain types of firearms, while still maintaining the concealed carry permit system. More recently, in 2021, the state updated its regulations to improve the efficiency of the permitting process, reflecting ongoing debates about gun rights and public safety in Connecticut.
Connecticut Carry Restrictions
No person shall carry any pistol or revolver on their person without a permit except when such person is within their home, on land leased or owned by that person, or within the place of business of that person.
No person shall knowingly carry a firearm without a permit and with intent to display (open carry) except within their home, on land leased or owned, or within the place of business, or engaged in firearm training or bona fide hunting activity.
- A reasonable measure to conceal said firearm when carrying must be taken. Neither a fleeting glimpse of a firearm nor an imprint of a firearm through such person’s clothing is a violation.
The provisions of this subsection shall not apply:
- to the transportation of pistols or revolvers as merchandise,
- while contained in the package in which it was originally wrapped at the time of sale and while transporting the same from the place of sale to the purchaser's residence or place of business,
- to any person removing such person's household goods or effects from one place to another,
- while transporting any such pistol or revolver from such person's place of residence or business to a place or individual where or by whom such pistol or revolver is to be repaired or while returning to such person's place of residence or business after the same has been repaired,
- to transporting for the purpose of taking part in competitions, taking part in formal pistol or revolver training, repairing such pistol or revolver while attending any meeting or exhibition of an organized collectors' group if such person is a bona fide resident of the United States and is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides.
Goldberg v. Town of Glastonbury, 453 Fed. Appx. 40 (2d Cir. 2011)
Firearm Permit Requirements
Effective April 1, 2014, you will be required to have either a pistol permit, eligibility certificate for pistol or revolver or an eligibility certificate for long gun in order to purchase firearms, ammunition, or legal magazines. Hunting licenses and 14-day waiting periods for long gun purchases will be obsolete. The Special Licensing and Firearms Unit is responsible for the issuance of state pistol permits.
- An Eligibility Certificate entitles the holder to purchase a firearm and transport same to their residence or place of business. It does not entitle the holder to carry a pistol or revolver on their person.
- Out of state residents may apply for a non-resident Connecticut State Pistol Permit (DPS-799-C).
- Applicants for a State Pistol Permit must first apply for and be granted a Local Pistol Permit (Temporary State Pistol Permit).
- Non-Resident Permits: Any bona fide resident of the United States having no bona fide permanent residence within the jurisdiction of any local authority in the state, but who has a permit or license to carry a pistol or revolver issued by the authority of another state or subdivision of the United States, may apply directly to the Commissioner of Emergency Services and Public Protection for a permit to carry a pistol or revolver in this state.
Conn. Gen. Stat. Ann. § 29-28
Confidentiality of Permit-holder Identification - Conn. Gen. Stat. Ann. § 28-29(d)
The term “pistol” and the term “revolver”, as used in sections 29-28 to 29-38, inclusive, mean any firearm having a barrel less than twelve inches in length.
Conn. Gen. Stat. Ann. § 29-27
Firearm Permit Eligibility
Requests for eligibility certificates under section 29-36f shall be submitted to the Commissioner of Emergency Services and Public Protection on application forms prescribed by the commissioner. The commissioner shall require each applicant to submit to state and national criminal history records checks.
- Applicants must be at least 21 years old;
- A legal resident of the United States;
- Have a bona fide residence or place of business within the jurisdiction of the issuing authority; or
- Be a bona fide resident of the United States having a permit or license to carry any firearm issued by the authority of any state or subdivision of the United States.
- Complete a handgun safety course prior to submitting the application, which must consist of no less than the NRA's "Basic Pistol Course." The NRA's "Home Firearms Safety Course" and "First Steps Pistol Orientation Program" are not approved courses.
- Persons prohibited by state or federal law, convicted of a felony, or detailed in Sec. 29-36f are ineligible to receive or renew an eligibility certificate or permit.
- A person holding an eligibility certificate issued by the commissioner shall notify the commissioner within two business days of any change of his address.
An eligibility certificate for a pistol or revolver shall not authorize the holder thereof to carry a pistol or revolver upon his person in circumstances for which a permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28 is required under section 29-35.
Conn. Gen. Stat. Ann. § 29-36g
Pistol Permit Training Requirements
Beginning July 1, 2024, applicants must have completed the training within two years prior to the submission of their application;
- Complete a handgun safety course, which must consist of no less than the NRA's "Basic Pistol Course," prior to submitting the application.
- The training must also include instruction in state law requirements:
- safe storage of firearms in the home and in vehicles,
- lawful use of firearms, and
- lawful carrying of firearms in public.
- A live-fire shooting qualification is required.
- Students must fire a semi-automatic pistol or revolver.
- Students utilizing personally owned firearms will be able to be trained on that weapon or a similar firearm.
- Students must attend all training and successfully complete both a written exam and shooting qualification.
Conn. Gen. Stat. Ann. § 29-36f
Pistol Permit Application Process
An Eligibility Certificate entitles the holder to purchase a firearm and transport same to their residence or place of business. It does not entitle the holder to carry a pistol or revolver on their person.
- The application paperwork may be obtained from SLFU or any state police barracks. (DPS-799-C)
- Must be 21 years of age to obtain a Pistol Eligibility Certificate, 18 years of age to obtain a Long Gun Eligibility Certificate.
- The cost for obtaining an eligibility certificate is $35.00, payable to the Treasurer, State of Connecticut.
- The issuing authority has 90 days to review your application and issue an approval or denial.
- The eligibility certificate is good for a period of five years.
Applicants for a state pistol permit must first apply for and be granted a local pistol permit (temporary state pistol permit). A local pistol permit may be obtained from the police chief in the town in which you reside. The application has all the instructions necessary to obtain the permit.
- Complete the form (DPS-799-C) and submit to appropriate local authority along with the following:
- Firearms Safety & Use Course Certificate;
- Proof you are legally and lawfully in the United States (e.g., certified copy of birth certificate, U.S. passport or documentation issued by I.C.E.).
- Fingerprints are required to process this application ($16.50 fingerprinting fee).
- $50.00 to the DPS, State of CT Fingerprint/background check fee.
- $70.00 fee, payable to the local authority;
- A temporary permit generally takes eight weeks to obtain.
Upon approval, the local authority will issue a Temporary State Permit to Carry Pistols and Revolvers (DPS-11-C), effective for 60 days.
Conn. Gen. Stat. Ann. § 29-36f
Connecticut Permit to Carry Process
Within the 60-day period, go to a DESPP, Division of State Police, pistol permit location and submit the following:
- DPS-769-C - Instructions to Applicant (new and renewal of pistol permits and certificates)
- The Temporary State Permit to Carry Pistols and Revolvers (DPS-11-C) issued by the local authority;
- A completed Application for State Permit to Carry Pistols and Revolvers (DPS-46-C);
- $70.00 fee, payable to Treasurer, State of Connecticut;
- Proof you are legally and lawfully in the United States (e.g., certified copy of birth certificate, U.S. passport or documentation issued by I.C.E.); and
- Proof of valid state issued photo identification card.
- You will also be required to submit to a background investigation, criminal history check and submit fingerprints and photographs in connection with your application. The licensing statute also contains a “suitability clause” which provides that the issuing authority may deny such application, if it determines that the applicant is not a suitable person to possess or carry a pistol or revolver. The suitability clause applies both to the issuance of new permits and revocation of existing permits.
The issuing authority has 8 weeks to review your application and approve or deny.
Upon approval, your photograph will be taken at DESPP and you will be issued a state pistol permit, good for a period of five years. Pistol Permit Renewal is $70 (DESPP-129-C).
Conn. Gen. Stat. Ann. § 29-28
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
Connecticut does not recognize carry permits from any other state.
Conn. Gen. Stat. Ann. § 29-36
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.
State & Local Government
- CT state law does not expressly prohibit municipalities from enacting firearm ordinances. Some cities and towns may have prohibitions against carrying in public parks or buildings. Simons v. Canty, 195 Conn. 524, 530 (1985)
- Town Property. No person shall possess a firearm, air gun, air rifle, or crossbow, longbow, archery equipment, or other weapon on any Town-owned property and/or in Town-owned buildings, except any lawful possession of firearms on roads, highways, and streets within the Town shall be permitted. Woodbridge, CT. Conn. Gen. Stat. Ann.§ 231-3
- House of the General Assembly: Office of an officer, member, committee, or employee of the General Assembly. Building where a public hearing is held by the General Assembly committee. Conn. Gen. Stat. Ann. § 2-1b
- A state administrative regulation states that possession of a dangerous weapon in a shelter for the homeless constitutes good cause for expulsion or suspension from the shelter. Conn. Gen. Stat. Ann. § 17-590-5
- Similarly, possession of firearms on the grounds of the Connecticut Department of Veteran Affairs constitutes cause for an immediate involuntary discharge from programs administered by that Department. Conn. Gen. Stat. Ann. § 27-102l(d)-132
- Unless authorized by the Connecticut Department of Energy and Environmental Protection, it is illegal to carry firearms or other weapons in a state forest or state park. Conn. Gen. Stat. Ann. §23-4-1c
- In Bluff Point Coastal Preserve, except for certain authorized persons. Conn. Gen. Stat. Ann. § 23-4-4b
- A 1999 executive order, issued by former Governor John Rowland, prohibits state agency personnel, contractors, subcontractors, and vendors from bringing firearms, among other dangerous weapons, onto state worksites (Executive Order No. 16)
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.
Connecticut Firearms Purchase
- Sale, delivery or transfer of pistols and revolvers. Procedure. Penalty. Conn. Gen. Stat. Ann. § 29-33
- No person, firm or corporation shall sell, deliver or otherwise transfer any pistol or revolver to any person who is prohibited from possessing a pistol or revolver as provided in section 53a-217c.
- On and after October 1, 1995, no person may purchase or receive any pistol or revolver unless such person holds a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, No person, firm or corporation shall sell, deliver or otherwise transfer any pistol or revolver except on written application.
- Sale, delivery or transfer of long guns. Procedure. Penalty. (a) For the purposes of this section, “long gun” means a firearm, as defined in section 53a-3, other than a pistol or revolver. Conn. Gen. Stat. Ann. § 29-37a
- Purchase of firearm with intent to transfer to person prohibited from purchasing or receiving a firearm. Assistance from person prohibited from purchasing or receiving a firearm. Penalties. Conn. Gen. Stat. Ann. § 29-37j
- Unlawful training in use of firearms, explosive or incendiary devices or techniques capable of causing injury. Conn. Gen. Stat. Ann. § 53-206b
- Ammunition Sales. The bill generally bars the sale of ammunition or an ammunition magazine to anyone under age 18. Conn. Gen. Stat. Ann. § 29-38m
- Assault Weapons. Definitions, Current law defines an “assault weapon” as: Conn. Gen. Stat. Ann. § 53-202a
- any selective-fire firearm capable of fully automatic, semiautomatic, or burst fire at the user's option;
- any of a list of named semiautomatic firearms;
- any unlisted semi-automatic rifle or pistol that can accept a detachable magazine and has at least two of five specified features;
- any semi-automatic shotgun that has at least two of four specified features; or
- a part or combination of parts designed or intended to convert a firearm into an assault weapon if the parts may be rapidly assembled and are in the possession or under the control of the same person (see BACKGROUND for certain exemptions).
Firearm Classification and Accessory Restrictions
Sale of Ammunition or Ammunition Magazine
(a) For the purposes of this section and sections 29-38n to 29-38p, inclusive, “ammunition” means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm, “firearm” has the meaning provided in section 53a-3, and “magazine” means any firearm magazine, belt, drum, feed strip or similar device that accepts ammunition.
(b) No person, firm or corporation shall sell ammunition or an ammunition magazine to any person under eighteen years of age.
(c) On and after October 1, 2013, no person, firm or corporation shall sell ammunition or an ammunition magazine to any person unless such person holds a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (a) of section 29-28, a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or a valid long gun eligibility certificate issued pursuant to section 29-37p and presents to the transferor such permit or certificate, or unless such person holds a valid ammunition certificate issued pursuant to section 29-38n and presents to the transferor such certificate and such person's motor vehicle operator's license, passport or other valid form of identification issued by the federal government or a state or municipal government that contains such person's date of birth and photograph.
Conn. Gen. Stat. Ann. § 29-38m
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.
Connecticut restricts the ammunition capacity of magazines to 10 rounds by state law.
Large Capacity Magazine Definition
(1) “Large capacity magazine” means any firearm magazine, belt, drum, feed strip or similar device that has the capacity of, or can be readily restored or converted to accept, more than ten rounds of ammunition, but does not include:
(A) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds of ammunition,
(B) a .22 caliber tube ammunition feeding device,
(C) a tubular magazine that is contained in a lever-action firearm, or
(D) a magazine that is permanently inoperable;
Conn. Gen. Stat. Ann. § 53-202w
Large Capacity Magazine Regulations
(a)(1) Except as provided in subdivision (2) of this subsection, any person who lawfully possesses a large capacity magazine prior to January 1, 2014, shall apply by January 1, 2014, or, if such person is a member of the military or naval forces of this state or of the United States and is unable to apply by January 1, 2014, because such member is or was on official duty outside of this state, shall apply within ninety days of returning to the state to the Department of Emergency Services and Public Protection to declare possession of such magazine. Such application shall be made on such form or in such manner as the Commissioner of Emergency Services and Public Protection prescribes.
(a)(2) No person who lawfully possesses a large capacity magazine pursuant to subdivision (1), (2), (4) or (5) of subsection (d) of section 53-202w shall be required to declare possession of a large capacity magazine pursuant to this section with respect to a large capacity magazine used for official duties, except that any such person who retires or is otherwise separated from service who possesses a large capacity magazine that was purchased or obtained by such person for official use before such person retired or separated from service shall declare possession of the large capacity magazine within ninety days of such retirement or separation from service to the Department of Emergency Services and Public Protection. No person that lawfully possesses a large capacity magazine pursuant to subdivision (6) of subsection (d) of section 53-202w shall be required to declare possession of such large capacity magazine.
(b) In addition to the application form prescribed under subsection (a) of this section, the department shall design or amend the application forms for a certificate of possession for an assault weapon under section 53-202d or for a permit to carry a pistol or revolver under section 29-28a, a long gun eligibility certificate under section 29-37p, an eligibility certificate for a pistol or revolver under section 29-36f or any renewal of such permit or certificate to permit an applicant to declare possession of a large capacity magazine pursuant to this section upon the same application.
(c) The department may adopt regulations, in accordance with the provisions of chapter 54, to establish procedures with respect to applications under this section. Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person who has declared possession of a large capacity magazine shall be confidential and shall not be disclosed, except such records may be disclosed to (1) law enforcement agencies and employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, and (2) the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.
(d) Any person who moves into the state in lawful possession of a large capacity magazine shall, within ninety days, either render the large capacity magazine permanently inoperable, sell the large capacity magazine to a licensed gun dealer or remove the large capacity magazine from this state, except that any person who is a member of the military or naval forces of this state or of the United States, is in lawful possession of a large capacity magazine and has been transferred into the state after January 1, 2014, may, within ninety days of arriving in the state, apply to the Department of Emergency Services and Public Protection to declare possession of such large capacity magazine.
(e)(1) If an owner of a large capacity magazine transfers the large capacity magazine to a licensed gun dealer, such dealer shall, at the time of delivery of the large capacity magazine, execute a certificate of transfer. For any transfer prior to January 1, 2014, the dealer shall provide to the Commissioner of Emergency Services and Public Protection monthly reports, on such form as the commissioner prescribes, regarding the number of transfers that the dealer has accepted. For any transfer on or after January 1, 2014, the dealer shall cause the certificate of transfer to be mailed or delivered to the Commissioner of Emergency Services and Public Protection. The certificate of transfer shall contain: (A) The date of sale or transfer; (B) the name and address of the seller or transferor and the licensed gun dealer, and their Social Security numbers or motor vehicle operator license numbers, if applicable; (C) the licensed gun dealer's federal firearms license number; and (D) a description of the large capacity magazine.
(e)(2) The licensed gun dealer shall present such dealer's federal firearms license and seller's permit to the seller or transferor for inspection at the time of purchase or transfer.
(e)(3) The Commissioner of Emergency Services and Public Protection shall maintain a file of all certificates of transfer at the commissioner's central office.
(f) Any person who declared possession of a large capacity magazine under this section may possess the large capacity magazine only under the following conditions:
(1) At that person's residence;
(2) At that person's place of business or other property owned by that person, provided such large capacity magazine contains not more than ten bullets;
(3) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets;
(4) While on a target range which holds a regulatory or business license for the purpose of practicing shooting at that target range;
(5) While on the premises of a licensed shooting club;
(6) While transporting the large capacity magazine between any of the places set forth in this subsection, or to any licensed gun dealer, provided (A) such large capacity magazine contains not more than ten bullets, and (B) the large capacity magazine is transported in the manner required for an assault weapon under subdivision (2) of subsection (a) of section 53-202f; or
(7) Pursuant to a valid permit to carry a pistol or revolver, provided such large capacity magazine (A) is within a pistol or revolver that was lawfully possessed by the person prior to April 5, 2013, (B) does not extend more than one inch below the bottom of the pistol grip, and (C) contains not more than ten bullets.
(g) Any person who violates the provisions of subsection (f) of this section shall be guilty of a class C misdemeanor.
Conn. Gen. Stat. Ann. § 53-202x
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.
Schools & School Events
Possession of a weapon on school grounds: Class D felony.
A person is guilty of possession of a weapon on school grounds when, knowing that such person is not licensed or privileged to do so, such person possesses a firearm or deadly weapon, as defined in section 53a-3,
- in or on the real property comprising a public or private elementary or secondary school, or
- at a school-sponsored activity as defined in subsection (h) of section 10-233a.
The provisions of subsection (a) of this section shall not apply to the otherwise lawful possession of a firearm:
- by a person for use in a program approved by school officials in or on such school property or at such school-sponsored activity,
- by a person in accordance with an agreement entered into between school officials and such person or such person's employer,
- by a peace officer, as defined in subdivision (9) of section 53a-3, while engaged in the performance of such peace officer's official duties, or
- by a person while traversing such school property for the purpose of gaining access to public or private lands open to hunting or for other lawful purposes, provided such firearm is not loaded and the entry on such school property is permitted by the local or regional board of education.
Conn. Gen. Stat. Ann. § 53a-217b
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.
Open carry is illegal, even with a permit
As of 10/1/23 Connecticut now has a statute prohibiting open carry of a firearm in plain view.
Conn. Gen. Stat. Ann. § 29-35
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
The issuance of any permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying of a pistol or revolver is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises.
Conn. Gen. Stat. Ann. § 29-28(e)
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
Controlled Substances
No person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (class B misdemeanor):
- while under the influence of intoxicating liquor or any drug, or both, or
- while the ratio of alcohol in the blood of such person is (.08) eight-hundredths of one per cent or more of alcohol, by weight.
No person shall engage in hunting while under the influence of intoxicating liquor or any drug, or both. A person shall be deemed under the influence when at the time of the alleged offense the person (class A misdemeanor):
- is under the influence of intoxicating liquor or any drug, or both, or
- has an elevated blood alcohol content. For the purposes of this subdivision, “elevated blood alcohol content” means
- a ratio of alcohol in the blood of such person that is (.08) eight-hundredths of one per cent or more of alcohol, by weight, or
- if such person is under twenty-one years of age, a ratio of alcohol in the blood of such person that is (.02) two-hundredths of one per cent or more of alcohol, by weight.
Enforcement officers of the Department of Energy and Environmental Protection are empowered to arrest for a violation of the provisions of this subsection.
Conn. Gen. Stat. Ann. § 53-206d
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.
Connecticut Vehicle Transport
No person shall carry or possess in any vehicle or snowmobile any firearm, other than a pistol or revolver (for which they have a valid CT Permit to Carry, or is legally secured as stated below), while such firearm contains in the barrel, chamber, or magazine any loaded shell or cartridge capable of being discharged.
Conn. Gen. Stat. Ann. § 53‐205
Connecticut 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 guilty of a class D felony, 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 more 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.
(b) The provisions of this section shall not apply to:
(1) Any officer charged with the preservation of the public peace while engaged in the pursuit of such officer's official duties;
(2) any security guard having a baton or nightstick in a vehicle while engaged in the pursuit of such guard's official duties;
(3) any person enrolled in and currently attending a martial arts school, with official verification of such enrollment and attendance, or any certified martial arts instructor, having any such martial arts weapon in a vehicle while traveling to or from such school or to or from an authorized event or competition;
(4) any person having a BB. gun in a vehicle provided such weapon is unloaded and stored in the trunk of such vehicle or in a locked container other than the glove compartment or console;
(5) any person having a knife, the edged portion of the blade of which is four inches or more in length, in a vehicle if such person is
(A) any member of the armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of the state, as defined in section 27-2, when on duty or going to or from duty,
(B) any member of any military organization when on parade or when going to or from any place of assembly,
(C) any person while transporting such knife as merchandise or for display at an authorized gun or knife show,
(D) any person while lawfully removing such person's household goods or effects from one place to another, or from one residence to another,
(E) any person while actually and peaceably engaged in carrying any such knife from such person's place of abode or business to a place or person where or by whom such knife is to be repaired, or while actually and peaceably returning to such person's place of abode or business with such knife after the same has been repaired,
(F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any saltwater fisherman while having such knife in a vehicle for lawful hunting, fishing or trapping activities, or
(G) any person participating in an authorized historic reenactment; (6) any person having an electronic defense weapon, as defined in section 53a-3, in a vehicle, who is twenty-one years of age or older and possesses a permit or certificate issued under the provisions of section 29-28, 29-36f, 29-37p or 29-38n; or
(7) any person having a dirk knife or police baton in a vehicle while lawfully moving such person's household goods or effects from one place to another, or from one residence to another.
Conn. Gen. Stat. Ann. § 29-38
Connecticut Interstate transportation of Firearms
(a) The provisions of sections 29-35 and 29-38 shall not apply to the interstate transportation of firearms through this state in accordance with 18 USC 926A and 927, as amended from time to time, by any person who is not otherwise prohibited from shipping, transporting, receiving or possessing a firearm. Such person may transport a firearm for any lawful purpose from any place where such person may lawfully possess and carry such firearm through this state to any other place where such person may lawfully possess and carry such firearm provided such transportation is in accordance with subsection (b) of this section.
(b) During the transportation of a firearm through this state as authorized in subsection (a) of this section, such firearm shall be unloaded and neither such firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, such firearm shall be unloaded and such firearm and any ammunition being transported shall be contained in a locked container other than the glove compartment or console.
(c) No person who is transporting a firearm through this state in accordance with this section may use or carry such firearm or sell, deliver or otherwise transfer such firearm while in this state.
Conn. Gen. Stat. Ann. § 29-38d
Connecticut Storing or Keeping Pistol or Revolver in Unattended Motor Vehicle
(a)(1) No person shall store or keep any pistol or revolver in any motor vehicle that is unattended unless such pistol or revolver is in the trunk, a locked safe or locked glove box.
(2) For purposes of this subsection,
(A) a motor vehicle is unattended if no person who is at least twenty-one years of age and who is the owner or operator or a passenger of such motor vehicle is inside the motor vehicle or is within close enough proximity to the motor vehicle to prevent unauthorized access to the motor vehicle,
(B) “pistol” and “revolver” mean pistol and revolver, each as defined in section 29-27,
(C) “motor vehicle” means a motor vehicle, as defined in section 14-1, and
(D) “trunk” means
(i) the fully enclosed and locked main storage or luggage compartment of a motor vehicle that is not accessible from the passenger compartment, or
(ii) a locked toolbox or utility box attached to the bed of a pickup truck, as defined in section 14-1. “Trunk” does not include the rear of a pickup truck, except as otherwise provided, or of a hatchback, station-wagon-type automobile or sport utility vehicle or any compartment that has a window.
Conn. Gen. Stat. Ann. § 29-38g
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.
Connecticut Gun Storage Law
No person shall store or keep any firearm, as defined in section 53a-3, on any premises under such person's control if such person knows or reasonably should know that:
- a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor,
- a resident of the premises is ineligible to possess a firearm under state or federal law,
- a resident of the premises is subject to a risk protection order issued pursuant to section 29-38c, or
- a resident of the premises poses a risk of imminent personal injury to himself or herself or to another person, unless such person
- keeps the firearm in a securely locked box or other container or in a manner which a reasonable person would believe to be secure, or
- carries the firearm on his or her person or within such close proximity thereto that such person can readily retrieve and use the firearm as if such person carried the firearm on his or her person.
- For the purposes of this section, “minor” means any person under the age of eighteen years.
Conn. Gen. Stat. § 29-37i
Any person whose act or omission constitutes a violation of section 29-37i shall be strictly liable for damages when a minor obtains a firearm, as defined in section 53a-3, and causes the injury or death of such minor or any other person. For the purposes of this section, “minor” means any person under the age of sixteen years.
Conn. Gen. Stat. § 52-571g
A person is guilty of criminally negligent storage of a firearm when such person violates the provisions of section 29-37i and a minor or, a resident of the premises who is ineligible to possess a firearm under state or federal law or who poses a risk of imminent personal injury to himself or herself or to other individuals, obtains the firearm and causes the injury or death of such minor, resident or any other person. For the purposes of this section, “minor” means any person under the age of eighteen years.
- The provisions of this section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.
- Criminally negligent storage of a firearm is a class D felony.
Conn. Gen. Stat. § 53a-217a
Other Weapons Restrictions
Connecticut Assault Weapons Ban of 2023
- Ban Open Carry: Exceptions have been carved out for legal hunters, and “fleeting glimpses”/printing while concealing. Violations are a class B misdemeanor for a first offense and a class A misdemeanor for subsequent offenses. Effective 10/1/23
- 3 Pistol/Month Transfer Limit: Persons can no longer purchase or receive more than 3 handguns in a 30-day period, certified instructors up to 6 handguns in a 30-day period. Exceptions for police departments, exchanges of pistols at the same FFL within 30 days, transfers to museums, antique pistols, and transfers between FFLs violations are a class C felony. Effective 10/1/23
- Pistol Permit Course Requirement Expansion: Requires new pistol permit applicants to complete a course including instruction in state law requirements pertaining to safe storage in the home and in vehicles, lawful use of firearms, and lawful carrying of firearms in public. Effective 7/1/24.
- Ghost Guns: No person can be in possession of un-serialized, post-1968 firearms. Firearms manufactured between December 16, 1968, and October 1, 2019, must be declared to DESPP or a serial number must be obtained for them through DESPP. Violations are a class C felony for those who are ineligible to possess and a class C misdemeanor for those who are eligible. Effective 1/1/24
- Carrying Loaded Guns in Motor Vehicles or Snowmobiles: All long guns and “Other” firearms are prohibited from being carried in a motor vehicle or snowmobile. This does not apply to carrying handguns with a carry permit. Exemptions for law enforcement, security guards, and service members are still in place. Effective 7/1/23
- Large Capacity Magazine Penalties*: It is now a class A misdemeanor for eligible persons to purchase a firearm to possess an unregistered LCM, it is still a class D felony for those who are not eligible to purchase a firearm. Effective 10/1/23
- Failing to Report Lost or Stolen Firearms: Increases the penalty for failing to report a lost or stolen firearm from an infraction to a class A misdemeanor. Effective 10/1/23
- Police Notice of Firearm Rights and Risk Protection Order Application Process: Requires law enforcement agencies to display notice of people’s rights to obtain pistol permits, timelines for that process, and of the application process for extreme risk protection orders. Effective 10/1/23
- Trigger Locks for All Firearms: All firearms sold at retail must come with a trigger lock, gun lock, or other locking device. Effective 10/1/23
- Additional State-Level FFL Regulation: A local gun dealer’s permit is required for anyone who sells ten or more firearms a year, not just pistols and revolvers. A local gun dealer’s permit to cover all firearm sales, rather than just handgun sales; additional prohibitions. Effective 10/1/23
Connecticut H.B. 6667
Other Weapons Restrictions
- Open carry is illegal, even with a permit. As of 10/1/23 Connecticut now has a statute prohibiting open carry of a firearm in plain view. Conn. Gen. Stat. Ann. § 29-35
- Prohibited Places. The issuance of a permit to carry does NOT authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises. Examples: Schools (Federal & State Law), courthouses, anywhere “NO FIREARMS” is posted. Conn. Gen. Stat. Ann. § 29-28(e)
- Carrying a Dangerous Weapon. This includes weapons such as knives, BB guns, batons/nightsticks, electronic defense weapons, and martial arts weapons (but does not include firearms). Conn. Gen. Stat. Ann. § 53-206
- Limitation on sale and use of laser pointers. Conn. Gen. Stat. Ann. § 53-206e
- Conditions for sale or transfer of electronic defense weapons. Conn. Gen. Stat. Ann. § 53-206k
- Assault in the second degree with a firearm: Assault as defined in section 53a-60 and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. Conn. Gen. Stat. Ann. § 53a-60a
- Sale, carrying and brandishing of facsimile firearms prohibited. Except in self-defense, no person shall carry, draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in a threatening manner, with intent to frighten, vex or harass another person. Conn. Gen. Stat. Ann. § 53-206c
- Reporting Lost/Stolen Firearms: Must report the loss or theft of a firearm to the organized local police department for the town in which the loss or theft occurred within seventy-two hours of when such person discovered or should have discovered the loss or theft. Conn. Gen. Stat. Ann. § 53-202g
- Unlawful discharge of firearms. Any person who intentionally, negligently or carelessly discharges any firearm in such a manner as to be likely to cause bodily injury or death to persons or domestic animals, or the wanton destruction of property, shall be guilty of a class C misdemeanor. Conn. Gen. Stat. Ann. § 53-203
- Hunting or discharging firearm from public highway. Any person who hunts or discharges any firearm from any public highway shall be fined not more than one hundred dollars. This section shall not apply to any law or conservation enforcement officer in the performance of his duty. Enforcement officers of the Department of Energy and Environmental Protection are empowered to arrest for the violation of the provisions of this section. Conn. Gen. Stat. Ann. § 53-204
- Behavior and Actions of Hunters (d) There shall be no hunting with firearms, discharging of firearms or carrying of loaded firearms within five hundred feet of any building occupied by people or domestic animals or used for storage of flammable or combustible materials, unless written permission of the owner of such buildings is obtained and carried while hunting to allow closer shooting distances, except that the above referred to distance shall be not less than two hundred fifty feet unless written permission of the owner of such buildings is obtained and carried while hunting to allow closer shooting distances when waterfowl is hunted in tidal water areas from land shooting positions or from floating blinds anchored adjacent to land or from rock formations. The provisions of this subsection shall not apply to landowners, their spouses or lineal descendants when hunting within five hundred feet of buildings owned by them or, when hunting waterfowl, within two hundred fifty feet of such buildings, but shall apply when said persons are hunting within said distances of buildings not so-owned. (e) No hunting weapon shall be discharged toward any person, building or domestic animal when the same is within range or from or across the traveled portion of any public roadway. Conn. Agencies Regs. § 26-66-1
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states, you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.
The final category of states is classified as “no duty to inform” states. In these states, there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.
Connecticut is a quasi duty to inform state, which means that you are not affirmatively required to tell a police officer that you have a firearm in your possession, but if you are asked by an officer during a lawful stop, you must provide them with your permit.
Interacting with Police
The holder of a permit issued pursuant to section 29-28 shall carry such permit upon one's person while carrying such pistol or revolver. Failure to Carry Pistol Permit is an infraction and a fine of $35.
Conn. Gen. Stat. § 29-37c
Duty to Inform
Such holder shall present his or her permit upon the request of a law enforcement officer who has reasonable suspicion of a crime for purposes of verification of the validity of the permit or identification of the holder, provided such holder is carrying a pistol or revolver that is observed by such law enforcement officer.
Conn. Gen. Stat. Ann. § 29-35b
If you choose to inform an officer that you have a firearm, make sure you follow these rules:
- Keep your hands visible at all times.
- Comply fully with all instructions given by the officer.
- If you are asked if you have a firearm in your presence, it is recommended that you be completely truthful and cooperative.
- If asked, please advise the officer of the location of the firearm.
- Do not reach for your firearm or other weapons unless instructed to do so.
Red Flag or Emergency Risk Orders
Red Flag or Emergency Risk Orders:
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.
Emergency Risk Protection Order
Person posing risk of imminent personal injury to self or others. Firearms or other deadly weapons or ammunition. Warrant for seizure. Risk protection order prohibiting acquisition or possession.
Upon complaint on oath by any state's attorney or assistant state's attorney or by any two police officers, to any judge of the Superior Court, that such state's attorney or police officers have probable cause to believe that
- a person poses a risk of imminent personal injury to himself or herself or to other individuals,
- such person possesses one or more firearms, and
- such firearm or firearms are within or upon any place, thing or person, such judge may issue a warrant commanding a proper officer to enter into or upon such place or thing, search the same or the person and take into such officer's custody any and all firearms. Such state's attorney or police officers shall not make such complaint unless such state's attorney or police officers have conducted an independent investigation and have determined that such probable cause exists and that there is no reasonable alternative available to prevent such person from causing imminent personal injury to himself or herself or to others with such firearm.
Conn. Gen. Stat. Ann. §29-38c
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.
Connecticut Defense of Persons
A person is justified in using reasonable physical force upon another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force, and he may use such degree of force which he reasonably believes to be necessary for such purpose; except that deadly physical force may not be used unless the actor reasonably believes that such other person is:
- using or about to use deadly physical force, or
- inflicting or about to inflict great bodily harm.
A person is not justified in using physical force when:
- with intent to cause physical injury or death to another person, he provokes the use of physical force by such other person, or
- he is the initial aggressor, except that his use of physical force upon another person under such circumstances is justifiable if he withdraws from the encounter and effectively communicates to such other person his intent to do so, but such other person notwithstanding continues or threatens the use of physical force, or
- the physical force involved was the product of a combat by agreement not specifically authorized by law.
Conn. Gen. Stat. § 53a-19
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.
“Castle Doctrine”
A person in possession or control of premises, or a person who is licensed or privileged to be in or upon such premises,
is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of a criminal trespass by such other person in or upon such premises;
Deadly physical force may only be used under such circumstances:
- in defense of a person as prescribed in section 53a-19, or
- when he reasonably believes such to be necessary to prevent an attempt by the trespasser to commit arson or any crime of violence, or
- to the extent that he reasonably believes such to be necessary to prevent or terminate an unlawful entry by force into his dwelling as defined in section 53a-100, or place of work, and for the sole purpose of such prevention or termination.
Conn. Gen. Stat. § 53a-20
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
Connecticut Defense of Property
A person is justified in using reasonable physical force upon another person:
- when and to the extent that he reasonably believes such to be necessary to prevent an attempt by such other person to commit larceny or criminal mischief involving property,
- or when and to the extent he reasonably believes such to be necessary to regain property which he reasonably believes to have been acquired by larceny within a reasonable time prior to the use of such force;
Deadly physical force may only be used in defense of a person
under such circumstances as prescribed in section 53a-19.
What if Someone is Trespassing?
You cannot use a deadly force against a mere trespasser.
All you can do is:
- Ask them to leave.
- Call the police.
- Sue them for any damages they cause to the property.
If they stop being a mere trespasser and become an imminent threat of serious bodily injury or death, then you fall back to the three “outside the house rules”.
Conn. Gen. Stat. Ann. § 53a-21
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.
Self-Defense Immunity
- When a defense other than an affirmative defense is raised at a trial, the state shall have the burden of disproving such defense beyond a reasonable doubt.
- When a defense declared to be an affirmative defense is raised at a trial, the defendant shall have the burden of establishing such defense by a preponderance of the evidence.
Conn. Gen. Stat. § 53a-12
Affirmative defense in certain situations involving firearms; exceptions:
In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a, or 53a-103a, it shall be an affirmative defense that the pistol, revolver, rifle, shotgun, machine gun or other firearm was not a weapon from which a shot could be discharged, but it shall not be an affirmative defense to any prosecution under section 53a-55, 53a-56, 53a-60, 53a-92, 53a-94, 53a-102, or 53a-103.
Conn. Gen. Stat. § 53a-16a
Affirmative defense of coparticipant to offense with firearm:
In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a, or 53a-103a in which the defendant was not the only participant, it shall be an affirmative defense that the defendant: (1) Was not armed with a pistol, revolver, machine gun, shotgun, rifle or other firearm, and (2) had no reasonable ground to believe that any other participant was armed with such a weapon.
Conn. Gen. Stat. § 53a-16b
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.
Connecticut Duty to Retreat
Connecticut does not have a stand-your-ground law, but instead requires an individual to retreat when able to do so. Under state law, the use of deadly force that might otherwise have been justifiable is not warranted if someone “knows that he can avoid the necessity of using such force with complete safety...by retreating...”
State v. Garrison, 203 Conn. 466, 472, (1987)
Notwithstanding the provisions of subsection (a) of this section, a person is not justified in using deadly physical force upon another person if he or she knows that he or she can avoid the necessity of using such force with complete safety:
- by retreating, except that the actor shall not be required to retreat if he or she is in his or her dwelling, as defined in section 53a-100, or place of work and was not the initial aggressor, or if he or she is a peace officer or a private person assisting such peace officer at his or her direction, and acting pursuant to section 53a-22, or
- by surrendering possession of property to a person asserting a claim of right thereto, or
- by complying with a demand that he or she abstain from performing an act which he or she is not obliged to perform.
Conn. Gen. Stat. Ann. § 53a-19b
Self-Defense Limitations
Self-Defense Limitations
Legal protection for self-defense is not available to a person who used defensive force and who:
- The defendant must be without fault in bringing on the difficulty;
- The defendant must actually believe he is in imminent danger of loss of life or serious bodily injury or actually was in danger;
- if the defendant believed he was in such danger, a reasonable or prudent man of ordinary firmness and courage would have believed himself to be in such danger; if the defendant actually was in such danger, the circumstances were such as would warrant a man of ordinary prudence, firmness and courage to strike the fatal blow in order to save himself from serious bodily harm or losing his own life;
- The defendant had no other probable means of avoiding the danger of losing his own life or sustaining serious bodily injury other than to act as he did in the particular instance.
A person is not justified in using physical force to resist an arrest by a reasonably
identifiable peace officer, whether such arrest is legal or illegal.
Conn. Gen. Stat. § 53a-23A
Special Notes
Sec. 29-37i. (Formerly Sec. 29-37c). Responsibilities re storage of firearms.
No person shall store or keep any firearm, as defined in section 53a-3, on any premises under such person's control if such person knows or reasonably should know that (1) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor, (2) a resident of the premises is ineligible to possess a firearm under state or federal law, (3) a resident of the premises is subject to a risk protection order issued pursuant to section 29-38c, or (4) a resident of the premises poses a risk of imminent personal injury to himself or herself or to another person, unless such person (A) keeps the firearm in a securely locked box or other container or in a manner which a reasonable person would believe to be secure, or (B) carries the firearm on his or her person or within such close proximity thereto that such person can readily retrieve and use the firearm as if such person carried the firearm on his or her person. For the purposes of this section, “minor” means any person under the age of eighteen years.
Conn. Gen. Stat. Ann. § 29-37i
Cases to Watch
ATTORNEY TO REVIEW AND ADD CONTENT.