Connecticut General Statutes

Conn. Gen. Stat. § 29-38 (2026)

Weapons in vehicles. Penalty. Exceptions

✓ current as of May 2026
Find cases: SyfertCases citing this section CT-CGAcga.ct.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(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 guilty of a class D felony, 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 more 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; (5) any person having a knife, the edged portion of the blade of which is four inches or more 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 the 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 saltwater 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; (6) any person having an electronic defense weapon, as defined in section 53a-3, in a vehicle, who is twenty-one years of age or older and possesses a permit or certificate issued under the provisions of section 29-28, 29-36f, 29-37p or 29-38n; or (7) any person having a dirk knife or police baton in a vehicle while lawfully moving such person's household goods or effects from one place to another, or from one residence to another.

(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; P.A. 10-32, S. 98; P.A. 13-258, S. 94; P.A. 14-122, S. 46; P.A. 16-178, S. 1; P.A. 21-31, S. 1.)

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; P.A. 10-32 made technical changes, effective May 10, 2010; P.A. 13-258 amended Subsec. (a) to change penalty from fine of not more than $1,000 or imprisonment of not more than 5 years to a class D felony; P.A. 14-122 made a technical change in Subsec. (b)(5)(F); P.A. 16-178 amended Subsec. (b) by adding Subdiv. (6) re person having dirk knife or police baton in vehicle; P.A. 21-31 amended Subsec. (b) by adding new Subdiv. (6) re electronic defense weapons and redesignating existing Subdiv. (6) as Subdiv. (7), effective July 1, 2021.

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. 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; 174 C. 22; Id., 405; 178 C. 534; 179 C. 516; 183 C. 148; 188 C. 406; 189 C. 35; 190 C. 259; 193 C. 7; 195 C. 668; 197 C. 358; 201 C. 190; 205 C. 262; Id., 370; 207 C. 565; 209 C. 98; 211 C. 258; 217 C. 73; 222 C. 718; 225 C. 650; 227 C. 363; 233 C. 215; 237 C. 348; 239 C. 56; 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; 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. 271 C. 785. Section concerns unlawful possession of both firearms and weapons, and possession does not necessarily mean “carrying”. 298 C. 1. Knife designed primarily for stabbing purposes, rather than for utilitarian purposes, and having a handle guard and two sharpened edges that taper to a point falls within the meaning of a dirk knife for purposes of section; expandable metal baton constitutes a police baton for purposes of section; prohibition on transport of dirk knives and police batons to one's home violates second amendment right to bear arms and therefore section, as applied, is unconstitutional. 315 C. 79.

Cited. 7 CA 95; 9 CA 169; judgment reversed, see 205 C. 370; Id., 330; 10 CA 395; 11 CA 11; Id., 251; Id., 621; 12 CA 268; 13 CA 76; Id., 288; 15 CA 305; 17 CA 243; Id., 556; 19 CA 48; 21 CA 299; 23 CA 602; 25 CA 181; Id., 433; 30 CA 9; Id., 232; 38 CA 434; 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. State's search of state and city database for evidence of permit to carry pistol was insufficient to meet state's burden of establishing that defendant lacked a valid permit to lawfully carry a pistol on date of incident because state failed to establish that defendant was a resident of the city or had a place of business within the city during the 60-day period immediately preceding the alleged conduct. 156 CA 175; judgment reversed in part, see 324 C. 782.

Separate and distinct crime from the carrying of dangerous weapons on the person. 10 CS 272. Cited. 22 CS 173; Id., 201; 23 CS 82; 35 CS 659.

Cited. 5 Conn. Cir. Ct. 119.

Notes of Decisions
Cited in 180 cases (14 in the last 5 years), 1957–2026 · leading case: State v. Lutters, 853 A.2d 434 (Conn. 2004).
State v. Lutters, 853 A.2d 434 (Conn. 2004). · cites it 56× “In support of its contention, the state placed particular reliance on General Statutes § 29-38, 9 which, *204 with exceptions not applicable to taxicabs, expressly prohibits, inter alia, the carrying of a pistol without a permit in any motor vehicle.”
State v. Ramos, 860 A.2d 249 (Conn. 2004). · cites it 57× “We granted the state’s petition for certification to appeal, limited to the following issue: “Did the Appellate Court properly conclude that the evidence was insufficient to sustain the defendant’s conviction under General Statutes § 29-38 because the state failed to prove that…”
State v. Delossantos, 559 A.2d 164 (Conn. 1989). · cites it 18× “to 1987) § 29-38. 2 After a jury verdict of guilty on both counts, *261 the trial court sentenced the defendant to a total effective sentence of twenty-three years imprisonment, execution suspended after fifteen years, and five years probation.”
State v. Rhodes, 335 Conn. 226 (Conn. 2020). · cites it 10× “to 2013) § 29-38 (a)) under which she was convicted should be construed to mean ‘‘knowingly possesses’’: constructive possession of a firearm would support a conviction even under the defendant’s proposed reading of § 29-38 (a), as constructive possession requires knowledge and…”
State v. Allen, 533 A.2d 559 (Conn. 1987). · cites it 16× “Allen, was found guilty of assault in the first degree in violation of General Statutes § 53a-59 (a) (1), assault on a peace officer in violation of General Statutes § 53a-167c (a) (1), attempted murder in violation of General Statutes §§ 53a-54a (a) and 53a-49, and having a…”
State v. Davis, 155 A.3d 221 (Conn. 2017). · cites it 8× “to 2011) § 29-38 (a). 1 State v. Davis , 156 Conn.”
State v. Davis, 1 A.3d 76 (Conn. 2010). · cites it 10× “” General Statutes § 29-38 (a) defines the term “weapon” as follows: “[A]ny BB.”
State v. Watson, 345 A.2d 532 (Conn. 1973). · cites it 10× “There is error, the judgments are set aside as to the third count in each information and the cases are remanded with direction for a new trial on the charge of possession of an unlicensed weapon in a motor vehicle in violation of General Statutes § 29-38. In this opinion HOUSE,…”
State v. Nelson, 555 A.2d 426 (Conn. App. Ct. 1989). · cites it 10× “The defendant was convicted, after a trial to a jury, of possession of narcotics with intent to sell in violation of General Statutes § 21a-278 (b), 1 possession of drug paraphernalia in violation of General Statutes § 21a-267 (a), 2 and having a weapon in a motor *558 vehicle…”
State v. Allen, 517 A.2d 1043 (Conn. App. Ct. 1986). · cites it 13× “After a jury trial, the defendant was convicted of assault in the first degree in violation of General Statutes § 53a-59 (a) (1), assault on a peace officer in violation of General Statutes § 53a-167c (a) (1), attempted murder in violation of General Statutes §§ 53a-54a (a) and…”
State v. Mapp, 984 A.2d 108 (Conn. App. Ct. 2009). · cites it 10× “g to report to his probation officer in violation of § 53a-32; (2) operating a motor vehicle on a public highway while his right to operate was under suspension in violation of General Statutes § 14-215; (3) carrying a pistol on his person without a permit to do so in violation…”
State v. Scully, 490 A.2d 984 (Conn. 1985). · cites it 8× “The defendants were charged by information with breach of the peace in violation of General Statutes § 53a-181 7 and possession of a dangerous weapon in violation of General Statutes § 29-38. 8 The defendants, pursuant to § 54-33f and our Practice Book rules, 9 *673 moved for…”
— Conn. Gen. Stat. § 29-38(a) — 6 cases
State v. BB, 17 A.3d 30 (Conn. 2011).
State v. Smith, 191 A.3d 1102 (Conn. App. Ct. 2018).
State v. Harper, 143 A.3d 1147 (Conn. App. Ct. 2016).
Eubanks v. Comm'r of Corr., 140 A.3d 402 (Conn. App. Ct. 2016).
Soukaneh v. Andrzejewski (D. Conn. 2021).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.