The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH

(860) 240-8400

FAX (860) 240-8881

olr@po.state.ct.us

Room 5300

Legislative Office Building

Hartford, CT  06106-1591

.ISTARTMIS-------------------------

.I    NAME:     529.RPT

.I    COMP:     4/7/94

.I    REVW:     FUR000

.I   PAGES:     1

.I   TITLE:     CGS SECS. 29-37I AND 53A-217A

.I   NOTES:     LAV

.I REPLACE:

April 7, 1994                                                                                                                      94‑R‑0529

TO:                 

FROM:            Veronica Rose, Research Associate

RE:                   CGS §§ 29‑37i and 53a‑217a

            You asked how many people have been prosecuted under CGS §§ 29‑37i and 53a‑217a, which make criminally negligent storage of a firearm a class D felony.

            There were no prosecutions under either statute in 1990, 1991, or 1992. In 1993, there were two prosecutions under CGS § 53a‑217a. One resulted in a conviction, the other in a not guilty verdict. The 1994 figures are not yet available.

            CGS §§ 29‑37i prohibits an individual from storing or keeping a loaded firearm on any premises under his control if he knows, or reasonably should know, that a minor (a person under age 16) can get it. The requirement does not apply to an individual who:

1.         keeps the firearm locked up or in a location that a reasonable person considers secure or

2.         carries it on him or close enough so that he can readily retrieve and use it.

            A person is criminally negligent if his failure to store the firearm properly causes a minor to use it to injure or kill himself or another. The provision does not apply if the minor obtains the firearm by unlawfully entry.

            Criminally negligent storage of a firearm is a class D felony, punishable by up to five years imprisonment, a fine of up to $5,000, or both (CGS 53a‑217a).

            The legislation was effective in October 1990.

VR:lav

OLR