Illegal Possession of Assault Weapon, in Derby Connecticut
Charges
- Illegal Possession of Assault Weapon, in violation of CGS § 53-202c
- Use of Machine Gun, in violation of CGS § 53-202(c)
- Possession of Sawed of Shotgun and Silencer, in violation of CGS § 53a-211
- Illegal Possession of Large Magazine, in violation of CGS § 53-202w(c2)
Court Information
Derby, Connecticut
Derby Superior Court
Case Overview
Following an FBI investigation of a website selling “Portable Wall Hangers,” which were actually Drop in Automatic Sears (a device used to convert a semi-automatic firearm into a fully automatic machine gun), FBI agents identified five people in Connecticut who purchased these illicit items. The FBI secured a search warrant for one of the purchaser’s homes. Inside they seized the device they were looking for, along with a series of firearms, and firearm accessories such as large capacity magazines and silencers. This spawned a federal investigation by the U.S. Attorney’s Office for the District of Connecticut. The man retained Criminal Defense Lawyer, John L. Calcagni III, to defend this matter.
Federal prosecutors made countless offers for the man to resolve this exposure with an admission in federal court to a felony firearm offense. The man declined and demanded that he be indicted so that a motion to suppress evidence could be filed to challenge the warrant relied upon by the FBI. After the passage of years, federal authorities failed to take any action. Instead, they handed the case over to the Connecticut State’s Attorney for Superior Court prosecution. The man was subsequently arrested and charged with a series of Connecticut felony firearms offenses in Connecticut Superior Court. Attorney Calcagni and his colleague, Attorney Brian Dumeer, aggressively defended this matter. First, they filed a written motion to suppress, which attached the lawfulness of the warrant relied upon by authorities to search the man’s home. Instead of responding to the merits of this motion, prosecutors suggested that defense counsel refer the matter to the Accelerated Rehabilitation Program. Under Connecticut Criminal law, the program lasts for a period of up to two (2) years. At the end of the period, the court dismisses the charge(s), providing the participant remains out of trouble for this period and satisfies the conditions imposed. Here, the man was accepted to this program. Only six (6) months later, he graduated from it and his case was dismissed.
Case Result
Case Dismissed.