Dangerous Weapons

TO:

FROM: Matt Ranelli, Research Attorney

RE: Dangerous Weapons

You asked for information on CGS § 53-206 specifically whether it is legal to sell dangerous weapons. You also asked whether the Attorney General's Office has issued an opinion on this section, and whether the Connecticut Retail Merchants Association has any guidelines for stores that sell such weapons.

CGS § 53-206 prohibits carrying dangerous or deadly weapons without a written permit. The statute enumerates weapons that are dangerous per se. The statute and the courts define other weapons that may be dangerous or deadly. Permits must be signed by the first selectman, mayor, chief of police, or warden of the town, city, or borough issuing the permit.

Connecticut law allows the sale of dangerous weapons. Any person selling any of the weapons enumerated in CGS § 53-206 must give written notice of the sale to the first selectman, chief of police, or warden in the town, city, or borough within 24 hours.

The Attorney General's Office has not issued an opinion regarding CGS § 53-206, but has issued opinions on related issues.

The Connecticut Retail Merchants Association does not have any guidelines for merchants who sell dangerous or deadly weapons.

CGS § 53-206 prohibits any person from carrying a dangerous or deadly weapon or instrument unless he has a written permit.

The statute specifically enumerates certain weapons which are dangerous or deadly per se. These weapons are any: (1) slung shot; (2) air rifle; (3) BB. gun; (4) blackjack; (5) sand bag; (6) metal or brass knuckles; (7) dirk knife, switch blade, or other knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length; (8) a stiletto, or other knife with an edged portion of the blade over four inches in length; (9) any martial arts weapon; (10) any electronic defense weapon; and (11) any other dangerous or deadly weapon or instrument.

If the weapon in question is not enumerated in CGS § 53-206, the court will look to see if it is a dangerous instrument or a dangerous weapon. The Connecticut Penal Code defines "dangerous instrument" as " any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, and includes a 'vehicle' as that term is defined in this section" (CGS § 53a-3(7)). The Penal Code also defines "deadly weapon" but the definition explicitly states that it does not apply to CGS § 53-206 (CGS § 53a-2(6)).

The courts interpret "deadly weapon" as used in § 53-206 to mean any instrument which, when used in the ordinary manner contemplated by its design and construction will, or is likely to, cause death or great bodily harm (State v. Arpino, 24 Conn. Supp. 85 (1962)). The courts have specifically found that the following weapons could be dangerous: (1) A three and one-half inch knife, (State v. Holloway, 11 Conn. App. 665 (1987)), (2) a loaded .22 caliber rifle, (State v. Mallette, 153 Conn. 584 (1966)), (3) an air-operated single-shot .22 pellet gun, (State v. Arpino, 24 Conn. Supp. 85 (1962)), and (4) a "tear-gas pencil," (26 Op.Atty.Gen. 207 (1950)). The state carries the burden of proof in cases involving enumerated weapons (State v. Arpino, 24 Conn. Supp. 85 (1962)).

CGS § 53-206 prohibits anyone from carrying a dangerous or deadly weapon within a town, city, or borough unless he has been granted a written permit issued and signed by the first selectman of the town, the mayor or chief of police of the city, or the warden of the borough. The issuing authority is explicitly authorized to require the applicant's fingerprints and criminal record. No permit can be issued to a convicted felon. The statute specifically exempts (1) any peace officer; (2) anyone moving household goods from one place to another; and (3) anyone bringing a weapon to, or returning it from, a repair shop.

Violators are subject to a fine of not more than $500 and not more than three years imprisonment. Any person found guilty of violating this section automatically forfeits the weapon to the municipality in which he was apprehended.

CGS § 53-206(b) allows the sale of dangerous weapons in Connecticut. The statute requires that anyone selling any of the weapons enumerated in § 53-206(a), with the exception of the catchall category of dangerous or deadly weapon or instrument, must give written notice of the sale or delivery within 24 hours. The notice must include the name and address of the person to whom the weapon was sold, the specific article sold, and the notice must be delivered to the chief of police, the warden, or the first selectman of the city, borough, or town in which the weapon was sold or delivered. Violators are subject to a fine of not more than $100.

The Attorney General's Office has not issued an opinion regarding CGS § 53-206. However, it has issued opinions on related issues. Anyone holding a hunting license may carry a rifle to and from his home or place of business and the hunting grounds without any further license (21 Op.Atty.Gen. 177 (1939)). A member of an organized rifle or gun club may carry a gun to and from an established rifle range without a permit to carry a dangerous weapon (21 Op.Atty.Gen. 177 (1939)).