315 Conn. 79
Conn.2014Background
- Defendant DeCiccio moved from Clinton, CT to Bolton, MA in 2010; Jeep contained weapons including a dirt knife and police baton.
- Police found machetes, dragon knife, sword, baton, dog tag, and other military memorabilia in the Jeep after a July 2010 accident.
- The State charged six counts under § 29-38(a) for unlawful possession of listed weapons in a vehicle; jury convicted on baton and dirt knife counts only.
- Trial court denied postverdict motions; defense challenged § 29-38 as vague and as violating the Second Amendment as applied.
- Court held § 29-38 not vague as applied to dirt knife or baton but the moving ban from residence to residence burdened the Second Amendment.
- Conviction reversed; case remanded with direction to render judgment of acquittal on both counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is § 29-38 unconstitutionally vague as applied? | DeCiccio argues terms dirt knife and police baton vague. | DeCiccio asserts moving exception renders prohibition unclear. | Not void for vagueness as applied. |
| Are dirt knife and police baton protected arms under the Second Amendment? | State contends they are not protected weapons because dangerous/unusual. | DeCiccio argues they are protected, especially in home defense. | Dirk knife and police baton are arms; protected in home. |
| Does the moving exception § 29-38(b)(5)(D) apply to dirt knife and baton? | Defense seeks to read moving exception to permit transport. | State argues moving exception does not extend to these weapons. | Moving exception does not apply to dirt knife or baton. |
| Does the transport ban survive intermediate scrutiny? | Ban excessively burdens core Second Amendment home defense right. | State argues regulation serves public safety with reasonable fit. | The ban does not survive intermediate scrutiny; unconstitutional as applied. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. (2008)) (establishes individual right to bear arms and limits on bans)
- McDonald v. Chicago, 561 U.S. 742 (U.S. (2010)) (incorporation of Second Amendment to states)
- State v. Campbell, 300 Conn. 368 (Conn. 2011) (construction of moving exception in related statute)
- State v. Sealy, 208 Conn. 689 (Conn. 1988) (implicit abode exception and carrying in residence)
- State v. Koczur, 287 Conn. 145 (Conn. 2008) (historical approach to ‘arms’ in state constitution)
- State v. Delgado, 298 Or. 395 (Or. 1984) (historical/functional analysis of arms beyond firearms)