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Criminal Law Supreme Court Slip Opinion

by Zigadto, Janet

 

SC20601 - State v. Lopez ("The primary issue in this appeal is whether the state presented sufficient evidence at a violation of probation hearing to establish that an airsoft pellet gun is a firearm within the meaning of the criminal possession of a firearm statute, General Statutes § 53a-217. The defendant, Ramon Lopez, claims that the airsoft pellet gun seized from his residence is not a 'firearm,' as defined by General Statutes § 53a-3 (19), because it is not a 'weapon . . . from which a shot may be discharged' but, rather, a recreational toy that dispenses plastic pellets. The state responds that an airsoft pellet gun is a firearm pursuant to State v. Grant, 294 Conn. 151, 161, 982 A.2d 169 (2009), which held that a BB gun is a firearm for purposes of § 53a-3 (19). We conclude that the evidence in the present case was insufficient to establish that the airsoft pellet gun found in the defendant's residence is a firearm, as defined by § 53a-3 (19), and, therefore, we reverse the judgment of the trial court.")