CopLaw Update

June 27, 2008

 

Training Is The 13th Juror

The Heller case may have a direct impact on Connecticut's Storage of Firearms laws which are excerpted below.

DISTRICT OF COLUMBIA et al. v. HELLER

"...the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional."

Sec. 29-37i. (Formerly Sec. 29-37c). Responsibilities re storage of loaded firearms with respect to minors. No person shall store or keep any loaded firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person (1) keeps the firearm in a securely locked box or other container or in a location which a reasonable person would believe to be secure or (2) carries the firearm on his person or within such close proximity thereto that he can readily retrieve and use it as if he carried it on his person. For the purposes of this section, "minor" means any person under the age of sixteen years.

 Sec. 53a-217a. Criminally negligent storage of a firearm: Class D felony. (a) A person is guilty of criminally negligent storage of a firearm when he violates the provisions of section 29-37i and a minor obtains the firearm and causes the injury or death of himself or any other person. For the purposes of this section, "minor" means any person under the age of sixteen years.

      (b) The provisions of this section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.

      (c) Criminally negligent storage of a firearm is a class D felony.

 Sec. 52-571g. Strict liability of person who fails to securely store a loaded firearm. Any person whose act or omission constitutes a violation of section 29-37i shall be strictly liable for damages when a minor obtains a firearm, as defined in section 53a-3, and causes the injury or death of such minor or any other person. For the purposes of this section, "minor" means any person under the age of sixteen years.

 

Editor's Comment: The reader is encouraged to provide this information to their agency's Legal Advisor for clarification and understanding as it relates to their respective Constitutional and Statutory law as filtered through their respective agency Use of Force Policy.

No one can kill me without my consent… John 10:11,18

It is more blessed to give than to receive. …Act 20:35

 


Reginald F. Allard, Jr.

CV


13thjuror Law Disc


Legal Issues and Use of Force




 

Links

 13thjuror.com

PoliceCombat.com

 

Legal Liability Risk Management Institute

 



Phone: 860-621-1013


Reginald F. Allard, Jr. - 13thjuror, LLC - Police Consultant/Expert Witness

Future Is What Present Does

 

P.O. Box 1013,  Southington, Connecticut 06489-1013