March 25, 2013

Hot Report: Right to Bear Arms under the Connecticut Constitution

OLR Report 2013-R-0195 summary of cases interpreting the state constitution's right to bear arms provision.

The Connecticut Constitution states, “Every citizen has a right to bear arms in defense of himself [or herself] and the state” (Art. I, § 15). This differs from the U.S. Constitution's 2nd Amendment which states, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

The Connecticut constitutional provision has not changed since it was adopted in 1818 as part of the state's first constitution. It was copied from Mississippi's 1817 constitution (Horton, Connecticut State Constitution: A Reference Guide, 1993).

Generally, Connecticut courts have upheld reasonable restrictions on the Connecticut Constitution's right to bear arms. The cases in which restrictions or regulations have been allowed include those construing the state's authority to (1) ban the sale of assault weapons, (2) limit a person's right to carry a gun under permitting statutes, and (3) limit the possession of guns by felons. A Superior Court decided the oldest and latest cases in 1979 and 2011, respectively. The State Supreme Court decided two cases in 1988 and 1995.

For more information, including summaries of the portions of these cases discussing the right to bear arms, read the full report.