Interesting Gap in CT "Assault Weapons" Law?

May or may not be a gap. It sounds more like a gray area. While a pistol as you pointed out is any firearm with a barrel shorter than 12 inches, its entirely possible that a firearm without a stock and has a pistol grip might be treated or construed as a pistol. There is some language about pistols (part B) in the AWB including the weight of one and a "pistol" having a magazine outside of the pistol grip which, possibly, might affect a firearm with a barrel longer than 12 inches and no stock.

Sec. 53-202a. Assault weapons: Definition.

(B) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following:
(i) An ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer;
(iii) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) A manufactured weight of fifty ounces or more when the pistol is unloaded; and
(v) A semiautomatic version of an automatic firearm

ETA: Here's a thought that just popped into my head. Can someone buy a pistol grip (no stock) pump shotgun without having a pistol permit in CT?

There's an older thread, http://www.northeastshooters.com/vbulletin/threads/97321-Registered-NFA-SBR-SBS-immune-to-CT-AWB-!, discussing the short barreled rifle (SBR) and this state's AWB. I know next to nothing about SBR's but it appears that any rifle with a barrel length shorter than 16 inches is an SBR and needs to be a registered by the ATF (http://en.wikipedia.org/wiki/Short_barreled_rifle). Per the Wikipedia link:

Purchasing a short barreled rifle is accomplished by filing an ATF Form 4, Application for Tax Paid Transfer and Registration of a Firearm, and paying a $200 tax stamp. A short barreled rifle must be transferred by a Class 3 SOT dealer. When a citizen wishes to build a short barreled rifle, he or she must beforehand submit a completed ATF Form 1, Application to Make and Register a Firearm, along with $200 for payment of the tax stamp.

The rub is that in addition to complying to ATF rules you would also have to make sure the rifle complies with CT's AWB. What this means is, if your SBR barrel is sorter than 12 inches it may be illegal in CT since it would then be considered a pistol and subject to the pistol evil features portion of the AWB. If the barrel length is between 12.1 inches and 15.9 inches and its post ban, than no threaded barrel, no flash hider, no bayo lug, and a fixed stock (if you use one).

ETA: And yes it would be nice to get rid of the AWB its simply a feel good law for the anti's that only drives up the cost of owning certain types rifles here. The actual functioning of the rifle is unchanged by the AWB.

ETA2: A closer reading of the CT definition of a rifle seems to imply, in conjunction with the CT definition of a pistol, that any AR that has a barrel longer than 12 inches is considered a rifle and as such would be subject to the AWB if its a post ban version. I make this logic leap (right or wrong ) because most complete AR's tend to be shipped with some kind of a shoulder stock (or is capable of accepting a shoulder stock). And while I don't know the exact history of the AR, I do believe it was designed to have a shoulder stock (hence a rifle) from the outset. Same goes (I think) for the way the AK initially designed.
http://www.jud.ct.gov/JI/criminal/glossary/rifle.htm

RIFLE
A "rifle" is a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

The question I guess should be; would a firearm with a barrel longer than 16 inches and which does not have (and was not designed for) a shoulder stock (only a pistol grip) be considered a rifle under our state's firearm statutes?

To add onto what tmitney said,

Semi-auto handguns in CT can not weigh more than 50 ounces and have a barrel shroud (front hand guard) or they are considered to be an AWB by CT law. (see text of statute below)
That means that any SBR with a bbl less than 12 inches long will be considered to be a handgun. And as a handgun it will be considered to be an AW based on weight, the presence of a barrel shroud and the fact that the mag is outside of the pistol grip.

That means that the only way to legally possess a SBR with a barrel less than 12" based on an AR, in CT is to do it with a pre-ban non-colt lower receiver.

This is my "toy" AR. Its SBR'd with the feds and is built on a pre-ban DPMS receiver. It is considered to be a handgun by the state of CT. It is NOT an AW according to CT law only because it was made before the law went into effect and DPMS was not mentioned by name in the law's original text.

Simple, huh?

Don






(B) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following:
i. an ammunition magazine that attaches to the pistol outside of the pistol grip;
ii. a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer;
iii. a shroud that is attached to, or partially or completely encircles, the barrel and permits the shooter to hold the firearm with the nontrigger hand without being burned;
iv. a manufactured weight of fifty ounces or more when the pistol is unloaded; and
v. a semiautomatic version of an automatic firearm.

I was just reading this again, and although I really appreciate the thoughtful responses and discussion, I'm not sure that anyone has actually addressed my question directly. Among the replies are mention of SBRs, pistols with barrels shorter than 12 inches and longer than 16 inches, and even shotguns, but I was actually asking about something different.

Specifically, if I were to build an AR pistol with a 13 inch barrel, then I believe it would not meet CT's legal definition of a pistol, because the barrel is longer than 12 inches, nor would it meet the legal definition of a rifle, because it is not designed to fire from the shoulder (and barrel is shorter than 16 inches). If this is true, then what would prevent me from having all the AWB features present on a post-ban lower, including weight over 50 oz?

BRILLIANT. Now go test it out.

Don

p.s. Seriously, you should have been a lawyer. I just looked at the statutes ( 29-27 + the rifle one, I'll look it up and update this post) and it appears you are right. (I'm not an attorney, so take my opinion for what its worth) My guess is that if you were ever arrested for possession of this, you would be acquitted. On a practical level, the only reason to ever do this would be if you intended to get arrested to test the law. Otherwise, spend the extra $300 for a pre-ban lower.

p.p.s The other reality of this is that you could shoot this gun for your entire lifetime and never get challenged. I've got evil looking rifles built on pre-ban lowers and have never EVER had anyone question me about it. This includes several encounters with LEOs who came onto private property to investigate "shots fired". One asked me for "your paperwork" for my machine gun, which I refused. (I only have to provide it to ATF if requested) He then asked me for ID. I again refused. (we did not have any handguns, so no legal requirement). So this was a contentious encounter, and he never once paid attention to the 10.5" AR with the bayonet lug, threaded barrel, and flash hider, or the pre-ban AK in .223 with the same evil features.