PRIMER ON CONNECTICUT GUN RIGHTS.

In addition to the 2nd Amendment to the US Constitution, forty states have their own Constitutional Right to Bear Arms. In Connecticut, the right is available to all citizens for both personal defense as well as to defend the state. Specifically, Article 1 Section 15 of the Connecticut Constitution states, “Every citizen has a right to bear arms in defense of himself [or herself] and the state.” The US Supreme Court and Connecticut courts have established, however, that this right is subject to reasonable regulation.

People Prohibited From Possessing a Firearm in Connecticut.

Connecticut abides by federal law that prohibits felons and those with documented mental illness from possessing firearms, but it has its own laws prohibiting others who cannot possess guns as well, including:  Those who have drug and alcohol addictions; People in the U.S. illegally (handguns only); People convicted for serious or violent offense as a juvenile; People with domestic violence charges or retraining orders in any jurisdiction nationwide or in a foreign country; and People who have been admitted to a mental health facility as an inpatient with psychiatric disease or disabilities since October 1, 2013.

Anyone caught in possession of a firearm illegally will be subjected to a Class C Felony and, if found guilty, faces a mandatory $5,000 fine and a mandatory minimum 2-year prison sentence.

Some Connecticut Gun Regulations:

All gun sales in Connecticut require background checks, including personal transfers and gun show sales.  In other words, there are no “loopholes” here. Connecticut also conducts their own background checks in lieu of depending solely on the FBI checks.  In addition, all gun owners must report loss or theft of firearms immediately.  Finally, after the school shooting in Newtown, CT, Connecticut banned  so-called “assault weapons” and magazines that hold more than 10 rounds.

Steps to Obtain a Permit to Carry a Gun in Connecticut

The State of Connecticut does not differentiate between carrying a gun openly and concealed carry. Once you obtain a permit, you can choose to do either. The local police chief or other head of local law enforcement will determine whether a person is eligible for a carry permit.

In order to qualify, a person must be at least 21 years of age; must not have a felony record; must agree to use the gun only in a legal manner for self-defense including personal self-defense or have a law enforcement, military or personal or public armed security guard background; must be either a legal property owner, business owner or resident of the same jurisdiction of the carry permit application; must not have any “serious juvenile offenses” on his or her record; must complete a handgun safety course deemed valid by the Commissioner of Emergency Services and Public Protection, which must consist of no less than the NRA’s “Basic Pistol Course;” and can have no disqualifying criminal convictions, for instance Possession of Narcotics, Assault, Unlawful Restraint or Reckless Endangerment.  All Connecticut handgun permits are valid for 5 years and may be renewed via postal mail or in person at the State Police Barracks.

Local police officials may deny a carry permit, though there must be either (a) a disqualifying conviction or circumstance such as described above, or (b) other supportable good cause.  Anyone denied a carry permit may file an Appeal with the Board of Firearms Permit Examiners. 

Where Does Connecticut Stand on Stand Your Ground Laws?

Connecticut is one of eleven states in the United States that have Castle Doctrine laws but with requirements to retreat from assailants in public.  This means that people may ‘stand their ground’ when in their own private home, car or business by using deadly force if they feel their life and/or the lives of others are in imminent danger of death or great bodily harm but, if they are in public, they have a legal duty to first try to escape.

If you find yourself in a situation where you must use deadly force against a perpetrator and you are arrested, you must present some evidence that you feared for your life or that of another and that, if in public, you tried to flee the scene or there was no reasonable avenue of retreat.  For a case like this, you will need to hire a top Stamford criminal  attorney to assist with navigating the legal system.