(a) A person is guilty of assault in the second degree with a firearm when he commits assault in the second degree as provided in § 53a-60, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be found guilty of assault in the second degree and assault in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

Terms Used In Connecticut General Statutes 53a-60a

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Firearm: means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged. See Connecticut General Statutes 53a-3
  • Machine gun: means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun. See Connecticut General Statutes 53a-3
  • Person: means a human being, and, where appropriate, a public or private corporation, a limited liability company, an unincorporated association, a partnership, a government or a governmental instrumentality. See Connecticut General Statutes 53a-3
  • Physical injury: means impairment of physical condition or pain. See Connecticut General Statutes 53a-3
  • revolver: means any firearm having a barrel less than twelve inches. See Connecticut General Statutes 53a-3
  • Rifle: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. See Connecticut General Statutes 53a-3
  • Shotgun: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. See Connecticut General Statutes 53a-3

(b) Assault in the second degree with a firearm is (1) a class D felony, or (2) if the offense resulted in serious physical injury, a class C felony, for which, in either case under subdivision (1) or subdivision (2) of this subsection, one year of the sentence imposed may not be suspended or reduced by the court.