Sec. 29-38. Weapons in vehicles.
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.
(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) any security guard having a baton or nightstick in a vehicle while engaged
in the pursuit of such guard's official duties; (3) any person enrolled in and currently
attending a martial arts school, with official verification of such enrollment and attendance, or any certified martial arts instructor, having any such martial arts weapon in a
vehicle while traveling to or from such school or to or from an authorized event or
competition; (4) any person having a BB. gun in a vehicle provided such weapon is
unloaded and stored in the trunk of such vehicle or in a locked container other than the
glove compartment or console; and (5) any person having a knife, the edged portion of
the blade of which is four inches or over in length, in a vehicle if such person is (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 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 while
having such knife in a vehicle for lawful hunting, fishing or trapping activities, or (G)
any person participating in an authorized historic reenactment.
(1949 Rev., S. 4169; 1953, S. 2133d; P.A. 86-280, S. 1; P.A. 87-220, S. 2; P.A. 98-129, S. 11; June Sp. Sess. P.A. 98-1, S. 120, 121; P.A. 99-212, S. 14.)
History: P.A. 86-280 included martial arts weapons in definition of weapon and added exception for persons enrolled
in and attending a martial arts school while traveling to and from such school; P.A. 87-220 made technical changes and
deleted provision including "nunchaku and chinese stars" within meaning of a martial arts weapon since weapons are
already included in referenced definition of Sec. 53a-3; P.A. 98-129 deleted reference to a permit for a weapon issued
pursuant to Sec. 53-206, redefined "weapon" to add BB. gun and electronic defense weapon and exclude sand bag and
slung shot and added exception permitting certain individuals to have a knife with a blade of four inches or more in a
vehicle; June Sp. Sess. P.A. 98-1 repealed Sec. 11 of P.A. 98-129, thereby nullifying the changes in P.A. 98-129, effective
June 24, 1998; P.A. 99-212 inserted Subsec. indicators, amended Subsec. (a) to delete reference to a permit for a weapon
issued pursuant to Sec. 53-206, redefined "weapon" to add BB. gun, police baton or nightstick and electronic defense
weapon and delete slung shot and sand bag, rephrased and repositioned provisions and made provisions gender neutral
and added new Subsec. (b)(1) and (2) re exceptions for officer charged with preservation of public peace and for security
guard having a baton or nightstick in vehicle, designated existing exception for martial arts students as Subdiv. (3) and
amended said Subdiv. to include any certified martial arts instructor and include having martial arts weapon in vehicle
while traveling to or from an authorized event or competition, and added Subsec. (b)(4) re exceptions for any person having
BB. gun that is unloaded and secured in vehicle and for certain persons having knife with a blade of four inches or more
in vehicle under certain circumstances.
After defendant's loaded revolver was removed from his waistband while he was seated in his car after midnight in a
high crime area, officer justified in seizure and arrest of defendant under the circumstances of speedy information by
informant. 157 C. 114. Search of defendant's car, upon his arrest for breach of the peace, which yielded weapon was
incidental to his arrest and properly made. Id., 222. Cited. 163 C. 176. This section has the effect of placing the burden of
proof on alleged violators constituting a denial of due process and is therefore invalid. 165 C. 577, 597. Cited. 170 C. 81.
State must prove beyond reasonable doubt that proper permit had not been issued, since that is essential element of the
crime. Id., 234. Cited. 172 C. 21; Id., 94. Cited. 174 C. 22; Id., 405. Cited. 178 C. 534. Cited. 179 C. 516. Cited. 183 C.
148. Cited. 188 C. 406. Cited. 189 C. 35. Cited. 190 C. 259. Cited. 193 C. 7. Cited. 195 C. 668. Cited. 197 C. 358. Cited.
201 C. 190. Cited. 205 C. 262; Id., 370. Cited. 207 C. 565. Cited. 209 C. 98. Cited. 211 C. 258. Cited. 217 C. 73. Cited.
222 C. 718. Cited. 225 C. 650. Cited. 227 C. 363. Cited. 233 C. 215. Cited. 237 C. 348. Cited. 239 C. 56. Cited. 240 C.
489. If defendant knowingly has item in a vehicle and intentionally uses that item in a manner capable of causing serious
physical injury, the elements of section have been met, regardless of whether he had a prior intent to do so. 271 C. 785.
When item that defendant is charged with having in the vehicle is an otherwise legal item and did not become a dangerous
instrument within meaning of section until it was used in self-defense, defendant may raise Sec. 53a-19 as a defense. Id.
Cited. 7 CA 95. Cited. 9 CA 169; judgment reversed, see 205 C. 370; Id., 330. Cited. 10 CA 395. Cited. 11 CA 11; Id.,
251; Id., 621. Cited. 12 CA 268. Cited. 13 CA 76; Id., 288. Cited. 15 CA 305. Cited. 17 CA 243; Id., 556. Cited. 19 CA
48. Cited. 21 CA 299. Cited. 23 CA 602. Cited. 25 CA 181; Id., 433. Cited. 30 CA 9; Id., 232. Cited. 38 CA 434. Cited.
45 CA 110. Elements discussed. 47 CA 586. 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.
63 CA 228. 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. 70 CA 855.
Separate and distinct crime from the carrying of dangerous weapons on the person. 10 CS 272. Cited. 22 CS 173; Id.,
201. Cited. 23 CS 82. Cited. 35 CS 659.
Cited. 5 Conn. Cir. Ct. 119.