The Second Circuit has determined that a Connecticut conviction for the unpermitted carrying of a pistol or revolver is not a firearms offense because the state statute criminalizes conduct involving certain antique firearms that is not covered by the federal definition of a firearms offense. “Connecticut criminalizes unlicensed carrying and transportation of loaded antique firearms; the federal definition excludes such conduct.” In addition, “the text of the Connecticut statute excludes only the ‘transporting’ of ‘unloaded’ antique pistols or revolvers from its general prohibition on ‘carrying’ unpermitted pistols and revolvers ‘upon [one’s] person.’ The INA definition of ‘firearm offense,’ in contrast, expressly excludes all conduct involving antique firearms.” The court also rejected the application of the realistic probability test, finding that the plain language of the statute demonstrated its overbreadth.
The full text of Williams v. Barr can be found here:
https://www.ca2.uscourts.gov/decisions/isysquery/0c7b55a5-be7b-43f5-ac93-5989936afec3/28/doc/18-2535_complete_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/0c7b55a5-be7b-43f5-ac93-5989936afec3/28/hilite/