If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Possibly not. If the abuser has been convicted of any of these crimes, it could be illegal to have a firearm in his/her possession. It is illegal under Connecticut state law for a person to possess (have) a firearm or ammunition and s/he can be denied a certificate to carry a revolver or pistol if:
- s/he has been convicted of a felony;
- s/he has been convicted of any of the following misdemeanors committed on or after October 1, 2013:
- illegal possession [of a controlled substance]
- criminally negligent homicide;
- assault in the 3rd degree;
- assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability;
- threatening in the second degree;
- reckless endangerment in the first degree;
- unlawful restraint in the second degree;
- riot in the first degree;
- riot in the second degree;
- inciting to riot;
- stalking in the second degree;
- s/he has been convicted as delinquent for a “serious juvenile offense;” or
- s/he has been discharged from custody within the past 20 years after having been found not guilty of a crime by reason of mental disease or defect.1
In addition, even without a conviction for a crime, if a state’s attorney or any two police officers believe that a person who possesses one or more firearms poses a risk of immediate personal injury to himself/herself or to others, the state’s attorney or police officers can ask a judge to issue a warrant to seize all firearms and ammunition from that person.2 In determining whether or not to issue this warrant, the judge can consider: (1) recent threats or acts of violence by such person directed toward other persons or toward himself/herself; and (2) recent acts of cruelty to animals.3 After a hearing (in which the person has a right to defend himself/herself), the judge could order that the guns and ammunition be seized (taken) and held for up to one year.4 If you have involvement with a police officer or state’s attorney due to an incident with the abuser, you may want to ask him/her about this option.
Also, under federal laws, which apply to all states, it is illegal to possess a firearm if a person was convicted of a felony or a domestic violence misdemeanor. Go to the Federal Gun Laws page to get more information.
1 C.G.S.A. §§ 53a-217(a); 29-36f
2 C.G.S.A. § 29-38c(a)
3 C.G.S.A. § 29-38c(b)
4 C.G.S.A. § 29-38c(d)