Possession Of A Firearm Without A Permit
Packing Heat – Firearm Possession Without A Permit FAQ
If you are caught with a gun that you have no right to be carrying in Connecticut, you can end up facing serious charges and penalties. Defense attorney Jack O’Donnell explains the legal risks and available defenses for such charges.
- What are the legal penalties for carrying a firearm without a permit in New Haven, Connecticut?
In Connecticut, carrying a firearm without a valid state-issued permit is a serious offense. Under Connecticut General Statutes, unlawful possession or carrying of even just a handgun without a permit can result in felony charges. Penalties for unlawful carrying or possession may include
- A mandatory jail sentence,
- Substantial fines,
- Probation,
- And the loss of your right to possess firearms in the future.
The severity of the penalties depends on factors such as where the firearm was carried, whether it was loaded, and the presence of any aggravating circumstances (like children or drugs).
A gun permit conviction can have long-term consequences beyond the criminal sentence, including difficulties with employment or professional licensing.
- What must the prosecution prove in a Connecticut case involving unlawful firearm possession?
To secure a conviction, the prosecution must prove beyond a reasonable doubt that:
- You knowingly possessed or carried a firearm and
- That you did so without the required permit or a legally valid exemption.
This typically involves showing that the firearm meets the legal definition of a firearm under Connecticut law, establishing your physical control over it with officer or witness testimony, and confirming the absence of a valid permit at the time of the alleged offense.
The prosecution may also present evidence regarding the location and manner in which the firearm was carried, as certain locations, especially schools, carry enhanced penalties.
- Are there any legal defenses to a firearm possession charge in New Haven?
The best defense to an unlawful firearm possession is and will always be showing that you did, in fact, have a valid permit at the time.
Other defenses can include proving that the firearm did not meet the statutory definition, or that you were exempt from permit requirements under Connecticut law (for example, certain under law enforcement or military circumstances).
A skilled defense attorney may also challenge the legality of the search or seizure that uncovered the firearm; evidence can be suppressed if it was obtained in violation of your constitutional rights.
- How does a prior criminal record affect a firearm possession case in Connecticut?
In Connecticut, a prior criminal record, especially convictions for felonies or certain violent crimes, can greatly increase the seriousness of a firearm possession charge.
Many of these felonies come with restrictions on ever possessing a firearm, which means that if you have such prior convictions on your record, you may face separate charges for being a “convicted felon in possession of a firearm,” which carries harsher penalties and mandatory prison time.
Your criminal history can also influence how the court and prosecutor view your case, which may limit your plea options. In New Haven, having experienced legal counsel is critical to both defending against the current charge and managing the potential impact of past convictions.
Caught With An Unlawful Gun In Connecticut?
If you or someone you love has been charged with unlawful possession of a firearm after being arrested while carrying a firearm without a permit, you need to contact a defense lawyer as soon as possible. In New Haven, you can call (203) 865-0667 or text (203) 415-5115 to get the Law Office of Jack O’Donnell on your side right away.
