Contact Us

Case Evaluation
close

    How to Keep Your Guns in CT – Fight a Firearms Risk Hearing

    How to Keep Your Guns in CT – Fight a Firearms Risk Hearing
    • If the police believe you are an imminent physical risk to yourself or others, they can apply for a warrant to seize your firearms.
    • The police only need probable cause that you made recent threats to yourself or others to enter your home and take your guns.
    • You are entitled to a hearing to get your firearms back.

    • Get a top Connecticut Gun and Firearms attorney to help get your firearms back.

    Who Can Own Guns in Connecticut?

    Anyone can apply for and be granted a pistol permit in Connecticut. In Connecticut, you cannot have a pistol permit if you fall under one of the disqualifying categories such as failing to take a safety course, being a convicted felon, being convicted of a domestic violence crime, or subject to a restraining order, among other things. To learn more about domestic violence arrests, click here.

    When Can Connecticut Police Seize My Guns? 

    Under Connecticut General Statute § 29-38c, if the police have probable cause to suspect that you pose a risk of imminent physical injury to yourself or others and you possess firearms, they can ask a judge to issue a warrant to seize those guns. This warrant allows the police to enter your home and take possession of the guns without prior notice to you.

    How Can I Get My Guns Back in Connecticut after Being Serviced with a Risk Warrant?

    Within 14 days of the warrant being executed, you are entitled to a hearing in court to determine whether the state can continue to hold your firearms. This is often called a “Risk Hearing”. At that hearing the state has to prove by clear and convincing evidence that you are an imminent risk of harm to yourself or others. If they do, the judge can order that your guns be held up to one year.

    What Types of Things Will the Judge Consider during a Firearms Risk Hearing?

    The judge will take into account any recent threats or acts of violence you have made to people or animals, whether you have been known to brandish your firearm recklessly, and whether you have any history of mental health issues. Any of the top Connecticut firearm attorneys will help you present helpful evidence to the judge such as doctor’s letters, character references, and helpful witnesses.

    Will my Children be Affected?

    If you live with children, DCF may open an investigation to determine if they are safe in your home. To learn more about DCF investigations, click here.

    Will I Also Be Arrested?

    Not necessarily. However, if the police were called because you were threatening others, you may be facing criminal charges in addition your Risk Hearing. Click here to learn more about gun crimes.

    Contact a Connecticut Risk Warrant Attorney Today

    Having your guns seized can set off a cascade of legal proceedings against you. Hire a top Connecticut gun rights attorney to fight for you and get your guns back. Read from our hundreds of certified Avvo.com reviews. Then call the Mark Sherman Law today at (203) 358-4700.  

    %d bloggers like this: