Connecticut General Statutes § 53-202w – Possession of a Large Capacity Magazine

Understanding Connecticut’s Large Capacity Magazine Ban

In 2013, in response to national concerns about gun violence, the Connecticut legislature passed Public Act 13-3, which, among other things, created Connecticut General Statutes § 53-202w, the state’s large capacity magazine (LCM) ban. This law makes it illegal for most people to possess a magazine that holds more than 10 rounds of ammunition unless it was lawfully possessed and declared to the Department of Emergency Services and Public Protection (DESPP) before January 1, 2014.

What catches many gun owners by surprise is that magazines that hold over 10 rounds, which would otherwise be perfectly legal to own in other states, are criminal to possess in Connecticut without compliance. Even longtime Connecticut firearm owners sometimes misunderstand the storage, transport, and use rules for pre-ban registered magazines. Violations can lead to serious criminal charges that jeopardize your rights, your job, and your ability to own firearms in the future.

Elements of the Crime the State Must Prove

For the prosecution to convict you under C.G.S. § 53-202w, the State’s Attorney must prove, beyond a reasonable doubt, that:

1. The defendant possessed a “large capacity magazine” – defined by statute as any firearm magazine, belt, drum, feed strip, or similar device that can accept more than 10 rounds of ammunition.
2. The possession occurred after January 1, 2014, and the magazine was not declared to DESPP during the registration period (before January 1, 2014).
3. The defendant was not exempt under the statute (law enforcement, military, etc.).
4. Knowledge – The defendant knew, or reasonably should have known, that they possessed a large capacity magazine.

Important: Unlike some firearm statutes, ignorance of the law is not a defense. You are expected to know the capacity and legal status of the magazines in your possession.

Exclusions and Exceptions

C.G.S. § 53-202w contains several specific exemptions:

• Law enforcement officers and members of the armed forces acting within their duties.
• Retired law enforcement officers who receive an official letter from their department authorizing the retention of duty magazines.
• Pre-ban owners who declared magazines to DESPP before January 1, 2014, and who store, transport, and use them in compliance with the law (no more than 10 rounds loaded except at a licensed range or competition).
• Licensed gun dealers, manufacturers, and gunsmiths are in the scope of their work.
• Persons temporarily transporting large capacity magazines through Connecticut by federal law (FOPA), without stops other than incidental.

Examples of Violations

Example 1:
A gun owner in Stamford inherits firearms and accessories from an out-of-state relative. Among the items is a 15-round pistol magazine. The magazine was never registered in Connecticut. If found during a police investigation—even if unrelated to a crime—possession could lead to a § 53-202w charge.

Example 2:
A competitive shooter from Norwalk legally registered several 15-round magazines in 2013. While driving to a friend’s private property for target practice, the police stop him for speeding. An inspection reveals the magazines are loaded with more than 10 rounds. Because the law limits loaded capacity to 10 rounds except at a licensed range or competition, he can be charged.

Example 3:
Police in Bridgeport execute a search warrant in connection with an unrelated investigation. They find several AR-15 magazines capable of holding 30 rounds. The homeowner claims they were purchased at a gun show years ago, but never registered. This would be a clear violation.

Related Offenses

• C.G.S. § 53-202c – Illegal possession of an assault weapon.
• C.G.S. § 29-35 – Carrying a pistol without a permit.
• C.G.S. § 53a-217 – Criminal possession of a firearm, ammunition, or electronic defense weapon.
• C.G.S. § 29-38 – Weapons in a motor vehicle.

Defenses to C.G.S. § 53-202w – Possession of a Large Capacity Magazine Lack of Knowledge

If the defense can show that you did not know—and could not reasonably have known—that the magazine exceeded 10 rounds or was in your possession, this can be a valid defense.

Exemption Status

Proving that you fall within one of the statute’s exemptions—such as being an on-duty law enforcement officer—can result in dismissal.

Pre-Ban Compliance

If you lawfully declared your magazines during the 2013–2014 registration period and complied with all capacity and use requirements, the prosecution must prove otherwise to convict.

Constructive Possession Issues

Similar to weapons-in-vehicle cases, prosecutors may charge all occupants of a space where a large capacity magazine is found. The state must prove that you had the ability and intent to exercise control over the magazine. If it was inaccessible to you or in another’s exclusive control, your attorney can challenge constructive possession.

Diversionary Programs<

First-time offenders with no criminal record may be eligible for the Accelerated Rehabilitation (AR) Program, which can lead to dismissal after successful completion. An experienced defense lawyer will often explore all possible legal defenses before recommending AR, using it as a last resort.

Additionally, for certain non-violent firearm-related offenses, Connecticut offers the Gun Offender Diversionary Program under C.G.S. § 54-56e or other applicable statutes. This program focuses on firearm safety education, compliance with gun laws, and avoiding future violations. Successful completion can result in the dismissal of charges, helping eligible defendants preserve their record and prevent the severe collateral consequences of a felony conviction.

Penalties

A violation of C.G.S. § 53-202w is generally a Class D felony, punishable by:

• Up to 5 years in prison
• A fine of up to $5,000
• Possible probation with strict firearm restrictions

Collateral consequences can include loss of firearm rights, difficulty obtaining employment, and reputational harm.

Criminal Defense for Large Capacity Magazine Cases

If you are facing charges under C.G.S. § 53-202w in Stamford, Norwalk, Bridgeport, Danbury, or anywhere in Connecticut, it’s critical to act quickly. The law is complex, and even technical violations can lead to felony charges. Attorney Allan F. Friedman has over 30 years of experience defending clients in severe Connecticut firearm cases and will aggressively pursue every possible defense.

For a free consultation, contact The Law Offices of Allan F. Friedman at 1100 Summer St #306, Stamford, CT 06905. Call (203) 357-5555 24/7 or use our online form for a prompt response.

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