The Stop, the search, and your next move
In Connecticut, you need a Connecticut pistol permit to carry a handgun—other states’ permits don’t count here. Since October 1, 2023, open carry in public is banned (with narrow exceptions), while concealed carry is allowed if you have a valid CT permit. Guns in cars come with strict transport and storage rules, and many first-time arrests come down to whether the stop and search were lawful. This page breaks down what is actually charged, what the state must prove, and the defenses that work in the real world.
What actually gets charged
Most of the calls I get fall into two buckets. First is Carrying a Pistol or Revolver Without a Permit (C.G.S. § 29-35(a)). That’s a Class D felony with a one-year mandatory minimum unless the judge finds mitigating circumstances. If you are properly licensed and simply didn’t have the permit card on you, that is typically an infraction, not a felony—very different outcomes. Penalty mechanics live in § 29-37.
The second is Weapons in a Motor Vehicle (C.G.S. § 29-38). This statute covers handguns without a permit and certain listed weapons in vehicles. It also contains the exceptions that often save cases—things like having the handgun unloaded and secured in the trunk or a locked container that is not the glove box or center console. If you’re truly transporting rather than carrying, and you followed those rules, we may have a clean defense.
There is a third, related landmine: Leaving a Handgun in an Unattended Vehicle (C.G.S. § 29-38g). If you leave a handgun in a car, Connecticut requires storage in the trunk, a locked safe, or a locked glove box. “Unattended” means there isn’t an owner/driver/passenger age 21+ in or near the vehicle to prevent unauthorized access. A first offense is generally a Class A misdemeanor; subsequent offenses can be felonies.
Open carry, “printing,” and permits
Connecticut bans open carry in public. If someone sees the outline of a concealed firearm through clothing—“printing”—or catches a fleeting glimpse, the law recognizes that alone is not a violation. That matters in grocery-store aisles, gas stations, and parking lots where momentary exposure happens. If you want to carry here—resident or not—you need a CT pistol permit. Non-residents can apply directly to DESPP for a Connecticut non-resident permit. There is no reciprocity with New York, New Jersey, Florida, or other states. If you are planning a trip that crosses state lines, plan your route and storage ahead of time; “I have a Florida permit” will not help you in Stamford Superior Court.
How these cases really start
In Greenwich and Stamford, most gun cases begin with something that seems minor: a lane deviation, a plate light out, a cracked taillight, or a parking-lot complaint. From there, things escalate—questions about contraband, requests to search, or an “inventory search” after a tow. I tell clients this constantly: in many first-offender gun cases, the search is the case. If the stop wasn’t justified, or the consent wasn’t clear, or the search exceeded its lawful scope, the evidence can be suppressed and the case can collapse. That is why the very first conversation we have is about how the officer got from Point A (the stop) to Point Z (finding a firearm).
Guns in cars: rules that keep you legal—and defendable
If you’re transporting a handgun (not carrying it on your person), keep the firearm unloaded and not readily accessible. If your car has a trunk, use it. No trunk? Use a locked hard case or locked container that is not the glove box or center console. Separate the ammunition. If you step away from the vehicle, remember the unattended-vehicle rule: trunk, locked safe, or locked glove box—full stop. Small choices here make enormous differences later when a prosecutor is deciding whether to file or reduce charges.
A quick word on traffic stops and admissions. Telling an officer you have a firearm changes the safety dynamic and usually the tone of the stop. It does not automatically authorize a full rummage through the car. Police still need probable cause for a full search under the automobile exception, valid consent, a lawful inventory basis, or a limited weapons sweep grounded in reasonable suspicion that you’re dangerous and could access a weapon. The scope of whatever happens next matters just as much as the reason it started.
What the State has to prove
For § 29-35(a), the State must prove you carried a pistol or revolver in public without a valid Connecticut permit. After the 2023 changes, there’s additional “intent to display” language in the firearms context, but the statute also makes clear that brief printing or accidental glimpses are not intent to display.
For § 29-38, the State must show you knowingly had the weapon in a vehicle and—if it’s a handgun—you lacked a permit, or the item was a listed prohibited weapon, and that no transport exception applies. That last part is where many cases are won: if you followed the rules (unloaded, trunk/locked container, legitimate to-from purpose like range, gunsmith, moving), we can undercut probable cause or secure an acquittal.
Where these cases are won: the defense roadmap
When I analyze a file, I work through four questions in sequence:
1) The stop. Was there reasonable suspicion or a legitimate infraction? Dashcam, body-cam, and dispatch audio often tell a clearer story than the narrative in the report. If the stop falls, everything after it may fall too.
2) The search. What legal basis did the officer rely on—a claimed consent, the automobile exception, a protective sweep, or an inventory? Each basis has different limits. A protective sweep is exactly that—limited and tied to safety, not a license to search closed containers. If the scope was exceeded, we move to suppress.
3) Possession. In a multi-occupant car, “dominion and control” isn’t a given. Was the firearm under your seat, mixed into a passenger’s bag, or in a locked case labeled with someone else’s name? Jurors understand the difference between proximity and possession. If the State’s theory is constructive possession, we force them to prove the links.
4) Exceptions, mitigation, and alternatives. Did you actually comply with a transport exception and law enforcement misapplied it? If not, do you have mitigating circumstances that speak to intent, safety, training, and community ties? On a first offense, the combination of strong legal arguments and early, credible mitigation can drive outcomes—from dismissals and reductions to, in some cases, Accelerated Rehabilitation (AR).
First-time offenders and AR
AR is a pretrial diversion that, if granted and successfully completed, dismisses and erases the charge. It’s discretionary, and courts look closely at gun cases, but in the right circumstances, it’s a real path. Eligibility turns on your history and the facts. If we’re aiming at AR, we build a record: training certificates, safe-storage steps already taken, letters of support, proof of employment or school, and community service plans. My practice is to treat AR as a Plan B—we first push on the stop, search, and statutory elements. If the court signals AR is realistic, we present it tightly and professionally.
Four Connecticut examples
1) Stamford equipment stop → vehicle search.
You’re pulled over for a cracked taillight near Exit 8. The officer says there’s a “strong odor of raw marijuana,” asks you to step out, then requests to search. A loaded handgun is found under the driver’s seat. The entire case turns on probable cause versus consent and the scope of any safety sweep. If the body cam contradicts the narrative or the search exceeded its stated purpose, suppression is squarely on the table.
2) Greenwich range day → lawful transport.
You’re coming back from a Westchester/CT border range with the pistol unloaded, locked in a hard case in the trunk, and ammunition separate. During a lane stop, the officer asks about weapons; you disclose the range trip and the case in the trunk. Under § 29-38, that’s the transport the statute anticipates. We push for a quick resolution or a nolle based on the exception and the paperwork to back it up.
3) Permit holder, card at home.
You do have a valid CT pistol permit. You left the physical card on your dresser. An officer notices printing at a gas station and asks for your permit. That situation typically resolves as an infraction, not a felony. Producing proof of permit promptly (and staying calm on scene) often prevents escalation.
4) What is not a crime?
A locked, unloaded handgun secured in the trunk while you run into a store briefly, with the car attended and no other violations, is not “weapons in a motor vehicle.” Different rules apply if the car becomes unattended—that’s where § 29-38g comes in, and the storage requirements tighten.
Myths vs. facts (quick hits)
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“Printing is illegal.” False. A brief imprint or accidental exposure isn’t “intent to display.”
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“My Florida/NY permit works in CT.” No. You need a Connecticut permit; non-residents must apply for a CT non-resident permit.
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“If I admit there’s a gun, they can tear the car apart.” Not automatically. They still need probable cause, valid consent, a lawful inventory, or a limited safety sweep based on reasonable suspicion. The scope matters.
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“If it’s my friend’s car, they can’t tag me.” Maybe, maybe not. The State must prove knowing possession or control. In multi-occupant cars, that’s often contestable.
What to do right now if you’ve been stopped or charged
Take a breath. Do not make on-the-spot explanations to store security or police beyond what you’re legally required to provide. If you’re on the side of the road, keep your hands visible, follow lawful commands, and don’t argue the law with an officer—save it for court. As soon as you’re able, write down everything you remember: the reason you were told you were stopped, the sequence of questions, exact words about consent, where the firearm was located, and who else was present. Preserve body-cam request information (we’ll subpoena it), and save any range receipts, storage photos, and training records. These details are often the difference between a dismissal and a conviction.
If your case involves transport rather than carry, take pictures of your case, locks, trunk, and ammo storage as you actually use them, not a re-creation days later. If you truly have a permit but didn’t have the card on you, get documentation right away. And if you’re a non-resident who spends time in Connecticut, consider the non-resident permit before your next trip; it’s far cheaper than litigating a felony.
Want a plan that fits your situation?
Before you give a statement or sign a consent-to-search form, it’s worth getting advice on the stop, the scope of any search, and whether a transport exception or AR strategy fits your facts. I’ll walk you through what to expect in court, how to protect your record, and which defenses apply to your case—not a generic checklist.
Allan F. Friedman Criminal Lawyer — serving Greenwich, Stamford, Darien, Norwalk, Milford, and the rest of Connecticut.
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