A Connecticut risk protection order is a civil court order that temporarily bars an adult from possessing or buying firearms, ammunition, and other deadly weapons when a judge finds the person poses an imminent risk of injury to themselves or others. It is issued under Conn. Gen. Stat. 29-38c, usually starts with an emergency seizure of any firearms the person has, and is then tested at a hearing within 14 days. If the state carries its burden at that hearing, the order stays in place indefinitely, and the person subject to it has to petition the court to end it.
Who Can Ask the Court for One
Two groups can start the process, and they follow different paths.
Any police officer, state’s attorney, or assistant state’s attorney can file a sworn complaint directly with a Superior Court judge. If the judge finds probable cause that the person is at least 18 and poses an imminent risk of injury, the court can immediately issue the order. When there is also probable cause to believe firearms are in a specific location, the judge issues a search warrant with the order, and officers seize the weapons and ammunition they find.1Justia. Connecticut Code 29-38c – Adult Posing Risk of Imminent Personal Injury to Self or Others
A family member, household member, or medical professional can also start the process, but not by getting an order directly. They file a sworn application with the clerk of court in any geographic area, laying out the facts behind their concern, what they know about the person’s firearm permits and possession, and where any weapons are kept. If the court finds a good-faith basis, it orders a police investigation, notifies the Commissioner of Emergency Services and Public Protection, and immediately enters a record in the National Instant Criminal Background Check System flagging the person as ineligible to buy firearms while the investigation is open.1Justia. Connecticut Code 29-38c – Adult Posing Risk of Imminent Personal Injury to Self or Others
Police then have 24 hours to seek an order and, when relevant, a search warrant if they find probable cause. If they find none, they notify the court, the applicant, and the Commissioner in writing within 48 hours, and the court removes the NICS flag.
What Happens When the Order Issues
The initial order is ex parte. The judge decides based on the sworn complaint and affidavit, without notice to the person it targets. Officers execute the order and any accompanying search warrant right away, and the person loses access to their firearms before ever appearing in court.
The order prohibits possessing or acquiring firearms, ammunition, and other deadly weapons for as long as it is in force. That prohibition takes hold the moment the order is signed.
The 14-Day Hearing
Within 14 days of the order being issued, the court where the person lives must hold a hearing. At that hearing, the state has the burden of proving by clear and convincing evidence that the person poses an imminent risk of injury to themselves or others.1Justia. Connecticut Code 29-38c – Adult Posing Risk of Imminent Personal Injury to Self or Others
Clear and convincing evidence sits above the probable cause standard used for the initial order. The state usually presents witness testimony, police reports, documented threats, and evidence of prior violence or concerning behavior. The person has the right to attend, present evidence, call witnesses, and challenge the state’s version of events.
If the court finds the state met its burden, the order continues and the seized firearms stay in state custody. If the state falls short, the court terminates the order and directs that all seized firearms, weapons, and ammunition be returned as soon as practicable, provided the person is otherwise legally eligible to possess them.1Justia. Connecticut Code 29-38c – Adult Posing Risk of Imminent Personal Injury to Self or Others
How Long the Order Lasts
Connecticut’s law does not put an expiration date on the order. Once the court confirms it at the 14-day hearing, it stays in effect indefinitely until the person successfully petitions the court to terminate it.1Justia. Connecticut Code 29-38c – Adult Posing Risk of Imminent Personal Injury to Self or Others
The earliest a person can file for termination is 180 days after the initial hearing. At the termination hearing, the state again has to show by clear and convincing evidence that the risk persists. If it cannot, the court terminates the order. If the petition is denied, the person can file again, but must wait another 180 days between attempts. There is no cap on how many times a person can seek termination.
Getting Firearms Back or Transferred
When the court terminates an order, firearms are returned only if the person is otherwise legally eligible to have them. A separate disqualifying event during the order period, such as a felony conviction, keeps the weapons in state custody regardless.
While the order is in force, the person can arrange for their firearms to be transferred to a federally licensed dealer. Once both the person and the dealer notify the state agency holding the weapons in writing, the agency must deliver them to the dealer within ten days.1Justia. Connecticut Code 29-38c – Adult Posing Risk of Imminent Personal Injury to Self or Others
The state is prohibited from destroying seized firearms until at least one year has passed since the warrant was terminated, which gives the person time to arrange a return or transfer.
Penalties for Violating the Order
Possessing a firearm, ammunition, or an electronic defense weapon while subject to a risk protection order is a Class C felony under Conn. Gen. Stat. 53a-217.2Justia. Connecticut Code 53a-217 – Criminal Possession of a Firearm, Ammunition or an Electronic Defense Weapon The exposure is significant.
Prison time runs from one to ten years, with a mandatory minimum of two years and one day that the court cannot suspend or reduce.3Justia. Connecticut Code 53a-35a – Imprisonment for Felony Committed on or After July 1, 19814Justia. Connecticut Code 53a-41 – Fines for Felonies2Justia. Connecticut Code 53a-217 – Criminal Possession of a Firearm, Ammunition or an Electronic Defense Weapon
Trying to buy new firearms while under an active order is separately prohibited. Police can seek a search warrant if they suspect weapons are being hidden. Noncompliance also weighs against the person at any future termination hearing, making it harder to argue the risk has passed.
Federal Consequences
Federal law independently prohibits firearm possession by anyone subject to a qualifying court order under 18 U.S.C. 922(g)(8). To qualify, the person must have received actual notice and had an opportunity to participate in a hearing, the order must restrain the person from threatening or harassing an intimate partner or child, and the order must either include a finding of credible threat or explicitly prohibit the use of physical force.5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
The initial ex parte order generally will not trigger the federal ban because the person has not yet had notice or a chance to participate. A continued order after the 14-day hearing can qualify as a federal firearm prohibition if the underlying facts involve an intimate partner or child and the other statutory elements are met. Federal penalties are separate from any state charges.
A Note on Minors
A risk protection order under 29-38c applies only to adults 18 and older. Connecticut has a separate parallel statute, Conn. Gen. Stat. 29-38q, for individuals under 18, handled through juvenile court and focused on risk to others rather than self-harm. Filing requires either two police officers or an assistant state’s attorney, though family members, household members, and medical professionals can still apply for an investigation through the juvenile court clerk.6FindLaw. Connecticut Code 29-38q – Child Posing Risk of Imminent Personal Injury to Others