Possession of an Assault Weapon in Connecticut – C.G.S. § 53‑202a
Connecticut General Statutes § 53‑202a prohibits the possession of certain firearms classified as "assault weapons." This statute is part of Connecticut's strict firearms laws, enacted to limit the availability of military‑style weapons often associated with rapid‑fire capabilities and heightened lethality. The law encompasses both a named list of specific makes and models and a "features test" that identifies weapons with certain characteristics.
Under C.G.S. § 53‑202a, an "assault weapon" includes:
- Specific Models: Certain named rifles, pistols, and shotguns such as the Colt AR‑15, AK‑47 types, Uzi, MAC‑10, and Street Sweeper shotguns.
- Features Test for Rifles: A semiautomatic centerfire rifle that accepts a detachable magazine and has two or more of the following:
- Folding or telescoping stock
- Pistol grip that protrudes conspicuously beneath the action
- Bayonet mount
- Flash suppressor or threaded barrel
- Grenade launcher
- Features Test for Pistols: A semiautomatic pistol with a detachable magazine and two or more of the following:
- Magazine that attaches outside the pistol grip
- Threaded barrel for a suppressor or flash suppressor
- Barrel shroud
- Unloaded weight of 50 ounces or more
- Semi‑automatic version of a fully automatic firearm
- Features Test for Shotguns: A semiautomatic shotgun with two or more of the following:
- Folding or telescoping stock
- Pistol grip
- Fixed magazine over 5 rounds
- Ability to accept a detachable magazine
The statute also includes "copies or duplicates" of the listed models, regardless of brand name.
Elements of the CrimeTo convict under C.G.S. § 53‑202a, the prosecution must prove:
- The defendant knowingly possessed a firearm meeting the statutory definition of an "assault weapon."
- The weapon was not registered before the statutory deadline.
- The possession was not covered by an exemption (e.g., law enforcement, military, or certain transport provisions).
- Example 1: A Bridgeport resident keeps an unregistered AK‑47 in a closet. Even if it is unused, this is a violation.
- Example 2: A competitive shooter brings an AR‑15 with banned features into Connecticut without registration. They can be arrested upon discovery.
- Example 3: A hunter uses a semiautomatic rifle with none of the prohibited features and not on the named list. This is not an assault weapon under the statute.
- C.G.S. § 29‑38 – Weapons in a Vehicle
- C.G.S. § 53a‑217 – Criminal Possession of a Firearm
- C.G.S. § 53‑206 – Carrying a Dangerous Weapon
- Weapon Classification Challenge: Proving the firearm does not meet the statutory definition.
- Registration Proof: Showing timely DESPP registration.
- Exemption Proof: Demonstrating lawful possession under an exemption.
- Suppression of Evidence: If obtained via illegal search.
- First‑Time Offender Diversionary Program: In some cases, individuals with no prior criminal history may be eligible for a diversionary program such as Accelerated Rehabilitation. Successful completion can result in dismissal of charges without conviction.
Possession of an assault weapon is a Class D felony:
- 1‑5 years imprisonment (1‑year mandatory minimum, may be suspended in certain cases)
- Up to $5,000 fine
- Forfeiture and destruction of the weapon
Q1: Can I register now if I missed the deadline?
Q2: Are out‑of‑state visitors exempt if just passing through?
Q3: Are antique firearms covered?
Q4: What should I do if police find an unregistered assault weapon in my home?
Q5: Can my charges be dropped?
If charged with possession of an assault weapon under C.G.S. § 53‑202a, contact Allan F. Friedman, Criminal Lawyer 1100 Summer St #306, Stamford, CT 06905. Call (203) 357‑5555 for a free consultation.