CONNECTICUT UPDATED 11/28/04; STATUTES CURRENT AS OF 1/2003
CHAPTER 943
OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Sec. 53-206. Carrying of dangerous weapons prohibited. (a) Any person who carries upon one's person any BB. gun, blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, or any 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, or stiletto, or any knife the edged portion of the blade of which is four inches or over in length, any police baton or nightstick, or any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument, shall be fined not more than five hundred dollars or imprisoned not more than three years or both. Whenever any person is found guilty of a violation of this section, any weapon or other instrument within the provisions of this section, found upon the body of such person, shall be forfeited to the municipality wherein such person was apprehended, notwithstanding any failure of the judgment of conviction to expressly impose such forfeiture.
(b) The provisions of this section shall not apply to (1) any officer charged with the preservation of the public peace while engaged in the pursuit of such officer's official duties; (2) the carrying of a baton or nightstick by a security guard while engaged in the pursuit of such guard's official duties; (3) the carrying of a knife, the edged portion of the blade of which is four inches or over in length, by (A) any member of the armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of this state, as defined in section 27-2, when on duty or going to or from duty, (B) any member of any military organization when on parade or when going to or from any place of assembly, (C) any person while transporting such knife as merchandise or for display at an authorized gun or knife show, (D) any person who is found with any such knife concealed upon one's person while lawfully removing such person's household goods or effects from one place to another, or from one residence to another, (E) any person while actually and peaceably engaged in carrying any such knife from such person's place of abode or business to a place or person where or by whom such knife is to be repaired, or while actually and peaceably returning to such person's place of abode or business with such knife after the same has been repaired, (F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any salt water fisherman carrying such knife for lawful hunting, fishing or trapping activities, or (G) any person while participating in an authorized historic reenactment; (4) the carrying by any person enrolled in or currently attending, or an instructor at, a martial arts school of a martial arts weapon while in a class or at an authorized event or competition or while transporting such weapon to or from such class, event or competition; (5) the carrying of a BB. gun by any person taking part in a supervised event or competition of the Boy Scouts of America or the Girl Scouts of America or in any other authorized event or competition while taking part in such event or competition or while transporting such weapon to or from such event or competition; and (6) the carrying of a BB. gun by any person upon such person's own property or the property of another person provided such other person has authorized the carrying of such weapon on such property, and the transporting of such weapon to or from such property.
(1949 Rev., S. 8540; 1953, S. 3287d; P.A. 86-287, S. 1; P.A. 87-220, S. 1; P.A. 98-129, S. 9; June Sp. Sess. P.A. 98- 1, S. 120, 121; P.A. 99-212, S. 12.)
History: P.A. 86-287 amended Subsecs. (a) and (b) by adding "or any martial arts weapon and electronic defense weapon as defined in section 53a-3" and amended Subsec. (a) by adding provision permitting person to carry any martial arts weapon anywhere within state if such person has been granted a permit to do so; P.A. 87-220 made technical changes; P.A. 98-129 replaced requirement that a permit be obtained for the carrying of certain dangerous or deadly weapons or instruments with prohibition on the carrying of such weapons or instruments, deleted slung shot, air rifles and sand bags from the list of prohibited weapons or instruments, added exception for the carrying of knives with blades of four inches or more by certain individuals and deleted requirement that the seller of any such weapon or instrument give written notice of any such sale to the chief of police of the city, warden of the borough or first selectman of the town where such weapon or instrument was sold or delivered; June Sp. Sess. P.A. 98-1 repealed all changes enacted by P.A. 98-129, effective June 24, 1998; P.A. 99-212 substantially revised section including replacing requirement that a permit be obtained for the carrying of certain dangerous or deadly weapons or instruments with prohibition on the carrying of such weapons or instruments, deleting slung shot, air rifle and sand bag from list of prohibited weapons and instruments, adding police baton or nightstick to list of prohibited weapons and instruments, making the exception for an officer charged with preservation of the public peace applicable while the officer is "engaged in the pursuit of such officer's official duties", adding exception for the carrying of a baton or nightstick by a security guard while engaged in the guard's official duties, adding exception for the carrying of a knife having a blade of four inches or more by certain individuals under certain circumstances, adding exception for the carrying of a martial arts weapon by a student or instructor at a martial arts school under certain circumstances, adding exception for the carrying of a BB. gun by a person taking part in certain supervised or authorized events or competitions under certain circumstances, adding exception for the carrying of a BB. gun on private property with the authorization of the owner and the transporting of such weapon to or from such property and deleting the requirement that the seller of any such weapon or instrument give written notice of such sale to the chief of police of the city, warden of the borough or first selectman of the town where such weapon or instrument was sold or delivered.
See Sec. 29-32b re Board of Firearms Permit Examiners.
See Sec. 29-38 re weapons in vehicles.
CASE LAW
Cited. 138 C. 485; 153 C. 584. Burden on prosecution to prove defendant did not possess a written permit [for pistol]. 179 C. 516, 521. Cited. 195 C. 668, 677, 678. Cited. 208 C. 689, 692. Cited. 209 C. 322, 348. Cited. 210 C. 110, 112. Cited. Id., 199, 200, 208. Cited. 211 C. 672, 674. Cited. 217 C. 73, 93. Cited. 226 C. 497, 499.
Cited. 1 CA 642—644, 646. Cited. 9 CA 330, 337, 340. Cited. 10 CA 532, 533. Cited. 11 CA 665—669. Cited. 17 CA 556, 560. Cited. 21 CA 299, 306. Cited. 25 CA 433, 445.
Compared with section 29-38. 10 CS 272. A razor is not a dangerous or deadly weapon per se. Whether it becomes one is a question of fact for the trier. The fact that a razor is specifically included in section 53-207 does not mean that it is excluded from this section. 23 CS 425. History discussed; concealment is not an element of the crime. 24 CS 85. A .22 caliber air-operated single-shot pellet gun held to be a dangerous weapon. Id.
Cited. 5 Conn. Cir. Ct. 313. Knife not coming within description of statute cannot be included as "any other dangerous or deadly weapon" and is not with prohibition of this section. Id., 551.
Subsec. (a):
Cited. 208 C. 689, 690, 692—695. Cited. 229 C. 691, 694. Cited. 236 C. 189, 191. Cited. 240 C. 317.
Cited. 7 CA 149, 150. Cited. 11 CA 665, 671. Cited. 27 CA 601, 602. Cited. 39 CA 175, 177. Cited. 41 CA 391, 393. Cited. 43 CA 488.
CHAPTER 950
PENAL CODE: GENERAL PROVISIONS
Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:
(2) "Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property;
(6) "Deadly weapon" means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles. The definition of "deadly weapon" in this subdivision shall be deemed not to apply to section 29-38 or 53-206;
(7) "Dangerous instrument" means 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 and includes a dog that has been commanded to attack, except a dog owned by a law enforcement agency of the state or any political subdivision thereof or of the federal government when such dog is in the performance of its duties under the direct supervision, care and control of an assigned law enforcement officer;
(8) "Vehicle" means a "motor vehicle" as defined in section 14-1, a snowmobile, any aircraft, or any vessel equipped for propulsion by mechanical means or sail;
(21) "Martial arts weapon" means a nunchaku, kama, kasari-fundo, octagon sai, tonfa or chinese star;
CHAPTER 943
OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Sec. 2-1e. Interference with the legislative process; firearms; dangerous or deadly weapons; explosives; felony.
(2) any person is guilty of interfering with the legislative process when he, alone or in concert with others, brings into, or possesses within, any such building, a switchblade, gravity knife, blackjack, bludgeon, metal knuckles or any other dangerous or deadly weapon or instrument, or any explosive or incendiary or other dangerous device.
(d) The violation of any provision of this section is a class D felony.
CHAPTER 529
DIVISION OF STATE POLICE
Sec. 29-38. Weapons in vehicles. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28 or any machine gun which has not been registered as required by section 53-202, shall be fined not more than one thousand dollars or imprisoned not more than five years or both, and the presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall be prima facie evidence of a violation of this section by the owner, operator and each occupant thereof. The word "weapon", as used in this section, means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any 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, any stiletto, any knife the edged portion of the blade of which is four inches or over in length, any martial arts weapon or electronic defense weapon, as defined in section 53a- 3, or any other dangerous or deadly weapon or instrument...
CASE LAW:
Statute does not require state to prove that defendant possessed the knife in the vehicle; it is sufficient for state to prove beyond a reasonable doubt that defendant knew the knife was in the vehicle... Is not a crime to have a hammer in a motor vehicle unless it is intended to be used as a dangerous instrument or for some other illicit purpose... Separate and distinct crime from the carrying of dangerous weapons on the person.
|
|
|
