Connecticut General Statutes § 29-38g – Storing of Handguns Weapons in Vehicles Prohibited
C.G.S. § 29-38g – All handguns stored in a motor vehicle must be kept in the trunk, locked glove box or a gun safe
The State is entitled to impose some limitations on our use of weapons. C.G.S. § 29-38g, is a statute which makes it a felony to store or keep handguns (including pistols and revolvers) in a motor vehicle. All such weapons must be locked in the trunk, a gun safe or a locked glove box. Many pistol permit holders make the mistake of leaving their vehicle parked with a handgun not properly secured. This offense is a felony level crime.Elements of the Offense Which the State Must Prove
The prosecution has the burden to prove all of the elements of the statute beyond a reasonable doubt:
- The defendant left a handgun in a unattended motor vehicle;
- The pistol or revolver were not locked in the trunk, locked glove box or a gun safe.
- For purposes of the statute the “trunk” does not include the bed of a pickup truck or the back of a hatchback vehicle.
Law enforcement officers: active military members, constables and other duly authorized law enforcement officials who store the handgun in conformity with the policies of the issuing agency and excluded from this statute.Examples
A man leaves his pistol under the front seat of his car while it is parked in his driveway. The car is stolen along with the pistol. When the man reports the theft of the pistol (as is required by Connecticut law all thefts of a handgun must be reported to the police within 72 hours) he is arrested for a violation of possession of an unlocked handgun in a motor vehicle in violation of C.G.S. § 29-38g.
A police officer leaves his department issued handgun unlocked in the rear of his car which is a hatchback. The handgun was stolen by a third party overnight. Since the service handgun was not stored pursuant to the regulations of the police department regarding service weapons the officer could be charged with a violation of C.G.S. § 29-38g.Related Offenses
- Connecticut General Statutes § 53a-62 – Threatening in the 2nd Degree
- Connecticut General Statutes § 53-206- Carrying a Dangerous Weapon
- Connecticut General Statutes § 53a-64 – Reckless Endangerment in the 2nd degree
In many situations, if this is a first offense the best Connecticut criminal defense attorneys will try and negotiate an alternative resolution that could result in you not obtaining a criminal record. Every case is unique, you should call today for a free consultation to go over the details of your arrest.Diversionary Program
The legislature included within C.G.S. a special diversionary program called the Application of Suspension – Violation of Firearm Laws (a/k/a “Gun AR”) Successful completion of this program would result in the dismissal of the criminal charge against you. A few interesting aspects of this particular diversionary program is that you are able to use the program if you have used the Accelerated Rehabilitation program in the last. Also, if you have a prior criminal conviction, you are still eligible for this program as long as the prior conviction is not for a gun crime.
The court must make a finding that the crime is “not too serious” to grant the program and that you are “unlikely to offend again in the future.” If you are granted the program the court will place you on a period of unsupervised probation for a period of up to two years - during which you can not be arrested for any gun crime. Successful completion of the program would result in the dismissal of the charges and the erasure of all documentation related to your arrest. Since this is a felony level crime a top Connecticut criminal defense lawyer will take a lot of care to put together a cohesive and thorough presentation of mitigation materials to assure that you have the best chance possible to be admitted to the Gun AR program.Penalties
A conviction for Connecticut General Statutes § 29-38g – possession of weapons in a vehicle is a Class D felony punishable by up to 5 years in jail and a fine of up to $5,000. Since this is a felony level offense you should always seek professional legal representation to address these type of allegations.Criminal Defense for Violations of Connecticut General Statutes § 29-38g
If you have been charged with a violation of Connecticut General Statutes § 29-38g, you should immediately speak with an experienced Stamford criminal defense attorney. Allan F. Friedman has successfully resolved hundreds of gun cases for more than 30 years.
To arrange a free, no-obligation, initial consultation, contact Stamford criminal lawyer Allan F. Friedman at The Law Offices of Allan F. Friedman located at 1100 Summer St #306, Stamford, CT 06905. Mr. Friedman can be reached 24/7 at (203) 357-5555, or you can contact us online for a prompt response.