In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

It is illegal under Connecticut state law for a person to have a firearm or ammunition if any of the following are true:

1. s/he has a final restraining or protective order issued against him/her from any state in a case involving the use, attempted use, or threatened use of physical force;
2. s/he has been convicted of a felony;
3. s/he has been convicted of one of the following misdemeanors against a family or household member:
   
   • criminal violation of a protective order;  
   • criminal violation of a restraining order;
   • criminal violation of a standing criminal protective order;
   • assault (1^st, 2^nd degree);
   • assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability (1^st, 2^nd, 3^rd degree);
   • assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree with a firearm;
   • assault of a pregnant woman resulting in termination of pregnancy;
   • assault in the second degree with a firearm;
   • threatening (2^nd degree);
   • reckless endangerment (1^st and 2^nd degree);
   • strangulation or suffocation (1^st, 2^nd, and 3^rd degree);
   • sexual assault (1^st degree);
   • aggravated sexual assault (1^st degree);
   • sexual assault (2^nd, 3^rd degree);
   • aggravated sexual assault of a minor;
   • sexual assault in the third degree with a firearm;
   • stalking (1^st, 2^nd, 3^rd degree);
   • harassment (1^st and 2^nd degree);
   • breach of the peace in the second degree; or
   • disorderly conduct;
4. s/he has been convicted of illegal possession of a controlled substance on or after October 1, 2015;
5. s/he has been convicted of any of the following misdemeanors within the past 20 years:
   
   • criminally negligent homicide;
   • assault in the third 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;¹
6. s/he has been convicted of a misdemeanor crime of domestic violence as defined by federal law;²
7. s/he has been convicted as delinquent for a “serious juvenile offense;”
8. 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;
9. within the past five years, s/he was in a psychiatric hospital by order of a probate court;
10. within the past six months, s/he voluntarily admitted him/herself to a psychiatric hospital or was committed under an emergency certificate; Note: This does not apply if:
    
    • the only reason for being in the hospital was alcohol or drug dependency; or
    • the person is a police officer whose firearm was returned for official use; or
11. s/he has a final firearms seizure order issued against him/her; 
12. s/he has a risk protection order or risk protection investigation order issued against him/her;¹ 
13. s/he has been adjudicated as a “mental defective” or has been committed to a mental institution; or
14. s/he is a fugitive from justice.²

In addition, a person can be denied a certificate to carry a revolver or pistol if any of the following are true:

• s/he meets any of the conditions listed above; or
• any of the following apply:
  
  • s/he has an ex parte domestic violence relief from abuse order issued against him/her;
  • s/he has an ex parte civil protection order due to sexual abuse, sexual assault, or stalking issued against him/her;
  • s/he is under age 21; or
  • s/he is an undocumented immigrant who is illegally or unlawfully in the United States.³

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if s/he was convicted of a felony or a domestic violence misdemeanor or if you have a final protection order against him/her that meets certain requirements. Go to the Federal Gun Laws page to get more information.

¹ C.G.S.A. §§ 53a-217(a); § 46b-38h
² C.G.S.A. § 53a-217(a); 18 USC § 922(g)(2), (g)(4), (g)(9)
³ C.G.S.A. § 29-36f(b)

Whether or not it’s illegal to have firearms when there is a temporary order depends on whether the order was issued ex parte, without prior notice or a hearing, whether it was issued after notice and a hearing.

Connecticut state law prohibits someone from getting a certificate to carry a pistol or revolver if there is an ex parte restraining order against him/her that was issued due to the use, attempted use, or threatened use of physical force against another person. The law says this specifically includes an ex parte domestic violence relief from abuse order and an ex parte civil protection order due to sexual abuse, sexual assault, or stalking.¹ If s/he already has a certificate to carry a pistol or revolver, it will be revoked once an ex parte order is issued and s/he will be required to turn in his/her certificate to law enforcement within five days of receiving notice of the revocation.²

However, is not illegal to have any firearm or ammunition in one’s possession with an ex parte temporary restraining order. If your temporary order was issued after notice and a hearing, then it is illegal.³

¹ C.G.S.A. § 29-36f(b)(6)
² C.G.S.A. § 29-36i(a), (b)
³ C.G.S.A. §§ 53a-217(a); 53a-217c(a)

Here are a few things that may help:

• If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s);
• Ask the judge to specifically write in your restraining order that the abuser cannot own, buy or have a gun while the order is in effect. The form that you will have to fill out to petition for a restraining order will have a place where you can request additional protections. You can ask that the abuser’s gun(s) be taken away in that section.
• Before leaving the courthouse, check to make sure that the gun restriction is written on your order.

It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that the abuser cannot keep his/her guns while the restraining order is in effect, you may also want to ask that the judge:

• Require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
• Make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
• Order that the police notify you when the guns are returned to the abuser.

It is illegal under Connecticut state law for a person to have a firearm or ammunition and s/he can be denied a certificate to carry a revolver or pistol if:

1. s/he has been convicted of a felony;
2. s/he has been convicted of any of the following misdemeanors within the past 20 years:
   • criminally negligent homicide;
   • assault in the 3^rd 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;
3. s/he has been convicted of one of the following misdemeanors against a family or household member:
   • criminal violation of a protective order;  
   • criminal violation of a restraining order;
   • criminal violation of a standing criminal protective order;
   • assault (1^st, 2^nd degree);
   • assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability (1^st, 2^nd, 3^rd degree);
   • assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree with a firearm;
   • assault of a pregnant woman resulting in termination of pregnancy;
   • assault in the second degree with a firearm;
   • threatening (2^nd degree);
   • reckless endangerment (1^st and 2^nd degree);
   • strangulation or suffocation (1^st, 2^nd, and 3^rd degree);
   • sexual assault (1^st degree);
   • aggravated sexual assault (1^st degree);
   • sexual assault (2^nd, 3^rd degree);
   • aggravated sexual assault of a minor;
   • sexual assault in the third degree with a firearm;
   • stalking (1^st, 2^nd, 3^rd degree);
   • harassment (1^st and 2^nd degree);
   • breach of the peace in the second degree; or
   • disorderly conduct;
4. s/he has been convicted of a misdemeanor crime of domestic violence as defined by federal law;
5. s/he has been convicted of illegal possession of a controlled substance on or after October 1, 2015;
6. s/he has been convicted as delinquent for a “serious juvenile offense;” or
7. 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

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; 46b-38h

If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the State Police.  If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).

You can find contact information for sheriff departments in your area on our CT Sheriff Departments page.

You can find ATF field offices in Connecticut on the ATF website.  For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867).  Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.

A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials.  You will find contact information for organizations in your area on our CT Advocates and Shelters page.

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law. If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.¹

¹United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

According to Connecticut state law, if a person illegally has a firearm in his/her possession, it is a Class C felony and is punishable by one to ten years imprisonment, a fine, or both.¹

¹ C.G.S.A. §§ 53a-217; 53a-35a(7)

Even if you do not have a restraining order and the abuser has not been convicted of any crime, there are other reasons s/he might be forbidden from having a gun. It is illegal under Connecticut state law to have a firearm or ammunition if any of the following are true:

1. s/he has a final firearms seizure order issued against him/her; 
2. s/he has a risk protection order or risk protection investigation order issued against him/her;
3. 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;
4. within the past five years, s/he was in a psychiatric hospital by order of a probate court;
5. within the past six months, s/he voluntarily admitted him/herself to a psychiatric hospital or was committed under an emergency certificate; Note: This does not apply if:

• the only reason for being in the hospital was alcohol or drug dependency; or
• the person is a police officer whose firearm was returned for official use;

6. s/he has been adjudicated as a “mental defective” or has been committed to a mental institution; or
7. s/he is a fugitive from justice.¹

In addition, a person can be denied a certificate to carry a revolver or pistol if any of the following are true:

• s/he meets any of the conditions listed above;
• s/he is under age 21; or
• s/he is an undocumented immigrant who is illegally or unlawfully in the United States.²

If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. To find a shelter or an advocate at a local program, please visit the CT Advocates and Shelters page.

For additional information on gun laws in Connecticut, you can go to the Giffords Law Center website.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

¹ C.G.S.A. § 53a-217(a); 18 USC § 922(g)(2), (g)(4)
² C.G.S.A § 29-36f