CT "Assault Weapon" question

stacarter

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I am contemplating relocating to CT to work in NYC. As I read CT laws referenced here I believe my HK 91 is classified as an "assault weapon".
http://www.cga.ct.gov/2005/pub/Chap943.htm#Sec53-202a.htm

i also have two pre-ban Colt lowers with uppers that have flash hiders and bayo lugs and collapsible stocks. I also have a third upper with a flash hider, bayo lug and 37mm flare launcher. Are there any issues with those?

Finally I have a Yankee Hill AR that is MA compliant. What is the word on those?

Thanks in advance.

STAC
 
Short answer is you are right. The HK 91 is defined as an "assault weapon" in CT. Your Colts are "assault weapons". Weapons with the following criteria listed below are also "assault weapons".


Sec. 53-202b. Sale or transfer of assault weapon prohibited. Class C felony. (a) (1) Any person who, within this state, distributes, transports or imports into the state, keeps for sale, or offers or exposes for sale, or who gives any assault weapon, except as provided by sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a, shall be guilty of a class C felony and shall be sentenced to a term of imprisonment of which two years may not be suspended or reduced.

Sec. 53-202a. Assault weapons: Definition. (a) As used in this section and sections 53-202b to 53-202k, inclusive, "assault weapon" means:

(1) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol;

(2) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (1) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (1) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person;

(3) Any semiautomatic firearm not listed in subdivision (1) of this subsection that meets the following criteria:

(A) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following:

(i) A folding or telescoping stock;

(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) A bayonet mount;

(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

(v) A grenade launcher; or

(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; or

(C) A semiautomatic shotgun that has at least two of the following:

(i) A folding or telescoping stock;

(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) A fixed magazine capacity in excess of five rounds; and

(iv) An ability to accept a detachable magazine; or

(4) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (3) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (3) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person.

(b) As used in this section and sections 53-202b to 53-202k, inclusive, the term "assault weapon" does not include any firearm modified to render it permanently inoperable.

(P.A. 93-306, S. 1; P.A. 01-130, S. 1.)

History: P.A. 01-130 amended Subsec. (a) to delete reference to Sec. 53a-46a(h), make technical changes in Subdiv. (2) and add Subdivs. (3) and (4) re physical characteristics criteria applicable to definition of "assault weapon" and amended Subsec. (b) to delete reference to Sec. 53a-46a(h).

Cited. 234 C. 455-459, 472, 484, 485, 487. Cited. 242 C. 143.

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Sec. 53-202b. Sale or transfer of assault weapon prohibited. Class C felony. (a) (1) Any person who, within this state, distributes, transports or imports into the state, keeps for sale, or offers or exposes for sale, or who gives any assault weapon, except as provided by sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a, shall be guilty of a class C felony and shall be sentenced to a term of imprisonment of which two years may not be suspended or reduced.

(2) Any person who transfers, sells or gives any assault weapon to a person under eighteen years of age in violation of subdivision (1) of this subsection shall be sentenced to a term of imprisonment of six years, which shall not be suspended or reduced and shall be in addition and consecutive to the term of imprisonment imposed under subdivision (1) of this subsection.

(b) The provisions of subsection (a) of this section shall not apply to:

(1) The sale of assault weapons to the Department of Public Safety, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties;

(2) A person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under section 53-202d which is disposed of as authorized by the Probate Court, if the disposition is otherwise permitted by sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a;

(3) The transfer by bequest or intestate succession of an assault weapon for which a certificate of possession has been issued under section 53-202d.

(P.A. 93-306, S. 2.)

Cited. 234 C. 455, 457, 473, 487. Cited. 242 C. 143.

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Sec. 53-202c. Possession of assault weapon prohibited. Class D felony. (a) Except as provided in section 53-202e, any person who, within this state, possesses any assault weapon, except as provided in sections 29-37j, 53-202a to 53-202k, inclusive, and 53-202o and subsection (h) of section 53a-46a, shall be guilty of a class D felony and shall be sentenced to a term of imprisonment of which one year may not be suspended or reduced; except that a first-time violation of this subsection shall be a class A misdemeanor if (1) the person presents proof that he lawfully possessed the assault weapon prior to October 1, 1993, and (2) the person has otherwise possessed the firearm in compliance with subsection (d) of section 53-202d.

(b) The provisions of subsection (a) of this section shall not apply to the possession of assault weapons by members or employees of the Department of Public Safety, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties; nor shall anything in sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a prohibit the possession or use of assault weapons by sworn members of these agencies when on duty and the use is within the scope of their duties.

(c) The provisions of subsection (a) of this section shall not apply to the possession of an assault weapon by any person prior to July 1, 1994, if all of the following are applicable:

(1) The person is eligible under sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a to apply for a certificate of possession for the assault weapon by July 1, 1994;

(2) The person lawfully possessed the assault weapon prior to October 1, 1993; and

(3) The person is otherwise in compliance with sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a.

(d) The provisions of subsection (a) of this section shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under section 53-202d, if the assault weapon is possessed at a place set forth in subdivision (1) of subsection (d) of section 53-202d or as authorized by the Probate Court.

(P.A. 93-306, S. 3; P.A. 02-120, S. 5.)

History: P.A. 02-120 amended Subsec. (a) to add reference to Sec. 53-202o, effective June 7, 2002.

Cited. 234 C. 455, 457, 473, 474, 487. Cited. 242 C. 143.
 
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Thanks Sheckie that is what I thought I was reading. I'll have to ship these to my brother in OR I guess. I'd go with NY, but they won't let me have my SBR'ed KRISS Vector. Bah.

Thanks for your help.

Cheers

STAC


Short answer is you are right. The HK 91 is defined as an "assault weapon" in CT. Your Colts are "assault weapons". Weapons with the following criteria listed below are also "assault weapons".

.
 
Stacarter,

Just to clarify. If your Colts weren't colts, they would not be considered assault weapons. You may want to consider stripping the lower and selling it. Then re-building the gun with a non-colt pre-ban lower. These lowers run about $600 because they are in demand in states like CA, CT, and MA. But if you have one, you can build an AR with any combination of stocks, threaded bbls, flash hiders, or bayonet lugs you desire.

Don
 
Thanks Don. I was thinking of doing the same thing. I have nice uppers built up so I'd like to get a couple more CT legal pre-bans. You know, vs the "regular" pre-bans I have.That is what is dumb. I'll probably do that for at least one of my uppers (VTAC upper with Noveske barrel and flash hider). I'll just send the HK and the other Colt to my brother in Oregon where it is legal for him to own those with no problem. As long as they stay in the family I am good.

Thanks

STAC
 
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