Transfer or Possession of a Firearm Without a Permit

When Private Deal or Casual Possession Can Suddenly Become a Felony Definition / Elements

Under Connecticut General Statutes § 29-36, it is illegal for any person to receive, take possession of, or transfer a pistol or revolver unless the transaction fully complies with Connecticut’s firearm permitting laws.

The statute applies to both buyers and sellers and covers any situation in which a firearm is exchanged, gifted, sold, or otherwise transferred without the proper state authorization.

To secure a conviction, the state must prove that:

1. The accused knowingly took possession or transferred a firearm.
2. The firearm met the statutory definition of a pistol or revolver.
3. Neither party possessed a valid Connecticut permit or eligibility certificate at the time.

This statute reinforces Connecticut’s strict firearm regulation system — ensuring that every handgun transfer is documented, verified, and traceable.

Classification / Penalties

• Class D Felony
  • Up to 5 years in prison
  • Up to $5,000 fine
• Conviction can lead to forfeiture of firearms, revocation of existing permits, and a permanent ban on firearm possession.

Even a first-time, technical violation — such as giving a firearm to a relative without paperwork — can result in felony prosecution.

Defenses / Mitigating Circumstances

• Good-faith mistake: Believing that the recipient had a valid permit or certificate.
• Incomplete transaction: The firearm was never actually transferred or received.
• Improper investigation: The state lacks proof of knowing possession or transfer.
• Exempt transaction: Transfers to law enforcement, military personnel, or properly licensed dealers.
• Unintentional violation: Administrative oversight rather than deliberate disregard for the law.

Accelerated Rehabilitation (AR) Program Eligibility

For those charged under § 29-36, first-time, non-violent offenders are often eligible for the Accelerated Rehabilitation (AR) program if the court finds good cause.

AR is particularly valuable in these cases, as it allows individuals with no prior convictions to avoid a permanent felony record by successfully completing court-ordered supervision. After completion, the case is dismissed and erased.

Eligibility depends on:

• Clean criminal history.
• Circumstances showing no intent to misuse the firearm.
• The defendant’s cooperation and acknowledgment of the error.

Strong legal advocacy is often key to persuading the court that a defendant deserves this opportunity for a second chance.

Notes / Special Points

• Applies to both private and commercial firearm transfers.
• Requires that all transactions go through the state authorization system.
• Violations often occur in cases of family gifts, private sales, or inheritance transfers without proper documentation.
• A conviction under this statute can have immigration, employment, and licensing consequences.

10 Frequently Asked Questions Can I Give a Firearm to a Family Member Without Paperwork?

No. All firearm transfers require state authorization, even among family members.

What if I Bought a Gun From a Friend Years Ago and Didn’t Know This Law?

Lack of knowledge is not a defense, but your lawyer can argue good-faith misunderstanding and pursue AR.

Can This Charge Be Dismissed Through the AR Program?

Yes. First-time offenders may apply for AR if the court finds good cause.

Does This Apply to Long Guns or Rifles?

§ 29-36 specifically governs pistols and revolvers. Long guns are covered under separate statutes.

What if the Buyer Lied About Having a Permit?

The buyer may face separate charges, and your attorney can argue that you relied on their misrepresentation in good faith.

Are Antique Firearms Included?

Antique or replica firearms that cannot fire modern ammunition are generally exempt.

What if No Money Changed Hands?

The law applies to any transfer — sale, gift, or exchange — not just sales for money.

Can I Still Own a Firearm After This Charge?

Only if the charge is dismissed or erased. A conviction causes permanent disqualification.

Does the Law Apply to BB Guns or Air Pistols?

BB guns and air pistols fall under § 29-33, not § 29-36, though similar rules apply.

Can I Apply for a Pardon Later if Convicted?

Yes, but a clean AR dismissal is far better than seeking a pardon after conviction.

When a Technical Violation Becomes a Life-Changing Charge

Many people charged under § 29-36 never intended to break the law. Maybe it was a transfer to a trusted friend or a misunderstanding of Connecticut’s strict firearm paperwork. Suddenly, an innocent mistake becomes a felony case that threatens your rights, your reputation, and your peace of mind.

But even in serious situations, there’s room for fairness. Courts understand that not every case is criminal in spirit — and that good people sometimes get caught in the system. With the right representation and the proper use of the AR program, a single error doesn’t have to define the rest of your life.

If you’re facing a § 29-36 charge, reach out today. Talk to someone who understands how to protect your record, your rights, and your future.

Call (203) 357-5555 or visit our Contact Page to take back control of your story and your future.

---