The Second Amendment to the U.S. Constitution guarantees the right to bear arms. Connecticut residents have the right to own a weapon, including a handgun. However, not every resident has a right to carry a handgun. When a person has been convicted of a felony or certain misdemeanors, they are prohibited from possessing a firearm, and they can face illegal possession of a weapon charge if caught.

Fighting for the Rights of Connecticut Residents

If you or your loved one have been charged with criminal possession of a firearm, it is important that you discuss your case with an experienced criminal defense attorney as soon as you can. The penalties for weapons-related charges are significant, and if you are convicted, you could face jail time, the loss of your permit to carry a weapon, and more. The attorneys at The Kaloidis Law Firm, LLC, have a well-earned reputation for fighting diligently for clients. We are fighters and will fight for you. We know the ins and outs of the Connecticut criminal justice system and we use our experience to negotiate for the best outcome possible in our client’s cases. When our clients’ cases go to trial, our trial-ready attorneys are prepared to litigate aggressively on their behalf.

Understanding Your Rights as a Gun Owner

The Constitution’s Second Amendment states that we have the right to bear arms. At The Kaloidis Law Firm, LLC, we support the right of Connecticut residents to possess weapons lawfully. The Supreme Court has allowed states to place certain types of reasonable restrictions on the right to bear arms. Specific individuals have forfeited their right to bear arms and can no longer lawfully possess firearms under Connecticut Law. Specifically, C.G.S. § 53a-217 makes it a felony criminal charge to possess firearms, ammunition, and electronic defense weapons if you have been convicted of a felony or other disqualifying event. It is also a violation of federal law to possess firearms if you have been convicted of a felony or similar disqualifying event under federal law. This includes convictions for certain domestic violence offenses.

The Connecticut Supreme Court has interpreted these restrictions broadly. They have ruled that BB guns capable of firing projectiles are considered firearms even though they use compressed air to operate, not gunpowder. As a result, if a person is prohibited from owning firearms, they cannot owner possess BB guns or pellet guns either.

Criminal Possession of a Firearm, Ammunition, or an Electronic Defense Weapon

Prosecutors must prove specific elements to convict a defendant of unlawful possession of a firearm, ammunition, or an electric defense weapon. The prosecutor must prove that the defendant possessed a firearm, ammunition, or an electronic defense weapon and that the defendant is otherwise disqualified from possessing a weapon for any of the reasons listed below.

Who is Prohibited from Possessing Firearms in Connecticut?

The Connecticut Penal Code contains an extensive list of categories of individuals who are prohibited from owning, possessing, and operating firearms. The following categories of offenders cannot possess firearms, ammunition, or electronic defense weapon:

●   A person who has been convicted of a felony

●   A person who has been convicted of the following misdemeanor crimes on or after October 1st, 2013: 21a-279; 53a-58; 53a-61; 53a-61a; 53a-62; 53a-63; 53a-96; 53a-175; 53a-176; 53a-178; or 53a-181d

●   A person who was found not guilty by reason of insanity and discharged from custody in the preceding 20 years

●   A person who has been adjudicated as delinquent after committing a serious juvenile defense

●   A person subject to a restraining order or protective order of a court

●   A person admitted to a psychiatric hospital within the previous six months

●   A person subject to a firearms seizure order

●   A person prohibited from shipping, transporting or possessing or receiving firearms under IS USC 922(g)(4)

Legal Defenses

A defendant can make several types of legal defenses when facing charges related to unlawful possession of a weapon. There may have been an illegal search and seizure, the defendant may not have been in actual or constructive possession of a weapon, or the alleged weapon may not constitute a weapon under Connecticut law. The legal team at The Kaloidis Law Firm, LLC will carefully investigate your case and determine your best legal defense strategy.

Schedule a Case Evaluation with an Aggressive Criminal Defense Attorney

When you are facing criminal charges, the attorney you hire to represent you can impact your case’s outcome. Those facing weapons-related charges need an aggressive attorney on their side. We recommend reaching out to an attorney before you answer questions from law enforcement. Contact the experienced attorneys at The Kaloidis Law Firm, LLC today to learn more about how we can fight for you and your rights. We represent clients in Waterbury and throughout Connecticut and have a proven track record of successfully advocating for clients facing a wide range of criminal charges, including illegal possession of a weapon.