(a) For the purposes of this section:
(1) “Facsimile of a firearm” means (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB. or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.
(2) “Firearm” means firearm as defined in section 53a-3.
(b) No person shall give, offer for sale or sell any facsimile of a firearm. The provisions of this subsection shall not apply to any facsimile of a firearm, which, because of its distinct color, exaggerated size or other design feature, cannot reasonably be perceived to be a real firearm.
(c) Except in self defense, no person shall carry, draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in a threatening manner, with intent to frighten, vex or harass another person.
(d) No person shall draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties knowing or having reason to know that such peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his duties, with intent to impede such person in the performance of such duties.
(e) Any person who violates any provision of this section shall be guilty of a class B misdemeanor.
(P.A. 88-237.)
Notes of Decisions
Cited in
6
cases, 2006–2015 · leading case:
State v. Preston, 944 A.2d 276 (Conn. 2008).
State v. Preston, 944 A.2d 276 (Conn. 2008).
· cites it 2× ““During the defendant’s period of probation, he was arrested and charged with assault in the first degree in violation of General Statutes § 53a-59, unlawful discharge of a firearm in violation of General Statutes § 53-203, illegal use of a facsimile firearm in violation of…”
In re Jeremy M., 918 A.2d 944 (Conn. App. Ct. 2007).
· cites it 3× “In a delinquency petition, the petitioner, the commissioner of children and families, charged the respondent with two counts of brandishing a firearm in violation of General Statutes § 53-206c and two counts of breach of the peace in violation of General Statutes § 53-181.”
State v. Preston, 889 A.2d 845 (Conn. App. Ct. 2006).
· cites it 2× “During the defendant’s period of probation, he was arrested and charged with assault in the first degree in violation of General Statutes § 53a-59, unlawful discharge of a firearm in violation of General Statutes § 53-203, illegal use of a facsimile firearm in violation of…”
State v. Preston, 956 A.2d 590 (Conn. App. Ct. 2008).
· cites it 2× “As a result of this new arrest, the defendant was charged with violation of probation in each of the three earlier cases.”
State v. Gemmell, 94 A.3d 1253 (Conn. App. Ct. 2014).
· cites it 2× “The defendant, William Gemmell, appeals from the judgment of conviction, rendered after a jury trial, of burglary in the first degree in violation of Gen- eral Statutes § 53a-101 (a) (2), home invasion in viola- tion of General Statutes § 53a-100aa (a) (1), brandishing a…”
State v. Gemmell, 110 A.3d 1234 (Conn. App. Ct. 2015).
· cites it 2× “Following a jury trial, the defendant was convicted of burglary in the first degree in violation of General Statutes § 53a-101 (a) (2), home invasion in violation of General Statutes § 53a-100aa (a) (1), brandishing a facsimile firearm in a threatening manner in violation of…”
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treatment. Dots show Syfertize treatment of the citing case itself.