I am a victim of domestic violence and the abuser has a gun. Is that illegal?
It is illegal under Connecticut state law for a person to have a firearm or ammunition if any of the following are true:
- 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;
- s/he has been convicted of a felony;
- 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 (1st, 2nd degree);
- assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability (1st, 2nd, 3rd 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 (2nd degree);
- reckless endangerment (1st and 2nd degree);
- strangulation or suffocation (1st, 2nd, and 3rd degree);
- sexual assault (1st degree);
- aggravated sexual assault (1st degree);
- sexual assault (2nd, 3rd degree);
- aggravated sexual assault of a minor;
- sexual assault in the third degree with a firearm;
- stalking (1st, 2nd, 3rd degree);
- harassment (1st and 2nd degree);
- breach of the peace in the second degree; or
- disorderly conduct;
- s/he has been convicted of illegal possession of a controlled substance on or after October 1, 2015;
- 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
- s/he has been convicted of a misdemeanor crime of domestic violence as defined by federal law;2
- s/he has been convicted as delinquent for a “serious juvenile offense;”
- 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;
- within the past five years, s/he was in a psychiatric hospital by order of a probate court;
- 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
- s/he has a final firearms seizure order issued against him/her;
- s/he has a risk protection order or risk protection investigation order issued against him/her;1
- s/he has been adjudicated as a “mental defective” or has been committed to a mental institution; or
- 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)