Sec. 53-202o. Affirmative defense in prosecution for possession of specified assault weapon.
Sec. 53-202o. Affirmative defense in prosecution for possession of specified
assault weapon. (a) In any prosecution for a violation of section 53-202c based on the
possession by the defendant of a specified assault weapon, it shall be an affirmative
defense that the defendant (1) in good faith purchased or otherwise obtained title to such
specified assault weapon on or after October 1, 1993, and prior to May 8, 2002, in
compliance with any state and federal laws concerning the purchase or transfer of firearms, (2) is not otherwise disqualified or prohibited from possessing such specified
assault weapon, and (3) has possessed such specified assault weapon in compliance
with subsection (d) of section 53-202d.
(b) In any such prosecution, if such defendant proves such affirmative defense by
a preponderance of the evidence, the specified assault weapon shall be returned to such
defendant upon such defendant notifying the Department of Public Safety in accordance
with subdivision (3) of subsection (b) and of subsection (c) of section 53-202n and
obtaining a certificate of possession, provided such notification is made not later than
October 1, 2003.
(P.A. 02-120, S. 4.)
History: P.A. 02-120 effective June 7, 2002.