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General Assembly Committee Bill No. 5870
January Session, 2019
LCO No. 4870
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TR ANSFER OF ASSAULT WEAPONS A ND
LARGE CAPACITY MAGAZ INES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53-202d of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) (1) (A) Except as provided in subparagraph (B) of this 3
subdivision, any person who lawfully possesses an assault weapon, as 4
defined in subparagraph (A) of subdivision (1) of section 53-202a, prior 5
to October 1, 1993, shall apply by October 1, 1994, or, if such person is 6
a member of the military or naval forces of this state or of the United 7
States and is unable to apply by October 1, 1994, because such member 8
is or was on official duty outside of this state, shall apply within ninety 9
days of returning to the state to the Department of Emergency Services 10
and Public Protection, for a certificate of possession with respect to 11
such assault weapon. 12
(B) No person who lawfully possesses an assault weapon pursuant 13
to subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 14
required to obtain a certificate of possession pursuant to this 15
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subdivision with respect to an assault weapon used for official duties, 16
except that any person described in subdivision (2) of subsection (b) of 17
section 53-202c who purchases an assault weapon, as defined in 18
subparagraph (A) of subdivision (1) of section 53-202a, for use in the 19
discharge of official duties who retires or is otherwise separated from 20
service shall apply within ninety days of such retirement or separation 21
from service to the Department of Emergency Services and Public 22
Protection for a certificate of possession with respect to such assault 23
weapon. 24
(2) (A) Except as provided in subparagraph (B) of this subdivision, 25
any person who lawfully possesses an assault weapon, as defined in 26
any provision of subparagraphs (B) to (F), inclusive, of subdivision (1) 27
of section 53-202a, on April 4, 2013, under the provisions of sections 53-28
202a to 53-202k, inclusive, in effect on January 1, 2013, or any person 29
who regains possession of an assault weapon as defined in any 30
provision of said subparagraphs pursuant to subsection (e) of section 31
53-202f, as amended by this act, or any person who lawfully purchases 32
a firearm on or after April 4, 2013, but prior to June 18, 2013, that meets 33
the criteria set forth in subdivision (3) or (4) of subsection (a) of section 34
53-202a of the general statutes, revision of 1958, revised to January 1, 35
2013, shall apply by January 1, 2014, or, if such person is a member of 36
the military or naval forces of this state or of the United States and is 37
unable to apply by January 1, 2014, because such member is or was on 38
official duty outside of this state, shall apply within ninety days of 39
returning to the state to the Department of Emergency Services and 40
Public Protection for a certificate of possession with respect to such 41
assault weapon. Any person who lawfully purchases a semiautomatic 42
pistol that is defined as an assault weapon in any provision of 43
subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-44
202a that the Commissioner of Emergency Services and Public 45
Protection designates as being designed expressly for use in target 46
shooting events at the Olympic games sponsored by the International 47
Olympic Committee pursuant to regulations adopted under 48
subdivision (4) of subsection (b) of section 53-202b shall apply within 49
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ninety days of such purchase to the Department of Emergency Services 50
and Public Protection for a certificate of possession with respect to 51
such assault weapon. 52
(B) No person who lawfully possesses an assault weapon pursuant 53
to subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 54
required to obtain a certificate of possession pursuant to this 55
subdivision with respect to an assault weapon used for official duties, 56
except that any person described in subdivision (2) of subsection (b) of 57
section 53-202c who purchases an assault weapon, as defined in any 58
provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 59
section 53-202a for use in the discharge of official duties who retires or 60
is otherwise separated from service shall apply within ninety days of 61
such retirement or separation from service to the Department of 62
Emergency Services and Public Protection for a certificate of 63
possession with respect to such assault weapon. 64
(3) Any person who obtained a certificate of possession for an 65
assault weapon, as defined in subparagraph (A) of subdivision (1) of 66
section 53-202a, prior to April 5, 2013, that is defined as an assault 67
weapon pursuant to any provision of subparagraphs (B) to (F), 68
inclusive, of subdivision (1) of section 53-202a shall be deemed to have 69
obtained a certificate of possession for such assault weapon for the 70
purposes of sections 53-202a to 53-202k, inclusive, and shall not be 71
required to obtain a subsequent certificate of possession for such 72
assault weapon. 73
(4) The certificate of possession shall contain a description of the 74
firearm that identifies it uniquely, including all identification marks, 75
the full name, address, date of birth and thumbprint of the owner, and 76
any other information as the department may deem appropriate. 77
(5) The department shall adopt regulations, in accordance with the 78
provisions of chapter 54, to establish procedures with respect to the 79
application for and issuance of certificates of possession pursuant to 80
this section. Notwithstanding the provisions of sections 1-210 and 1-81
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211, the name and address of a person issued a certificate of possession 82
shall be confidential and shall not be disclosed, except such records 83
may be disclosed to (A) law enforcement agencies and employees of 84
the United States Probation Office acting in the performance of their 85
duties and parole officers within the Department of Correction acting 86
in the performance of their duties, and (B) the Commissioner of Mental 87
Health and Addiction Services to carry out the provisions of 88
subsection (c) of section 17a-500. 89
(b) (1) No assault weapon, as defined in subparagraph (A) of 90
subdivision (1) of section 53-202a, possessed pursuant to a certificate of 91
possession issued under this section may be sold or transferred on or 92
after January 1, 1994, to any person within this state other than to a 93
licensed gun dealer, as defined in subsection (f) of section 53-202f, as 94
amended by this act, or as provided in section 53-202e, or as provided 95
in subsection (g) of section 53-202f, as amended by this act, or by 96
bequest or intestate succession, or, upon the death of a testator or 97
settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible 98
to possess the assault weapon. 99
(2) No assault weapon, as defined in any provision of 100
subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-101
202a, possessed pursuant to a certificate of possession issued under 102
this section may be sold or transferred on or after April 5, 2013, to any 103
person within this state other than to a licensed gun dealer, as defined 104
in subsection (f) of section 53-202f, as amended by this act, or as 105
provided in section 53-202e, or as provided in subsection (g) of section 106
53-202f, as amended by this act, or by bequest or intestate succession, 107
or, upon the death of a testator or settlor: (A) To a trust, or (B) from a 108
trust to a beneficiary who is eligible to possess the assault weapon. 109
(c) Any person who obtains title to an assault weapon for which a 110
certificate of possession has been issued under this section by (1) 111
transfer pursuant to subsection (g) of section 53-202f, as amended by 112
this act, or (2) bequest or intestate succession, shall, within ninety days 113
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of obtaining title, apply to the Department of Emergency Services and 114
Public Protection for a certificate of possession as provided in 115
subsection (a) of this section, render the assault weapon permanently 116
inoperable, sell the assault weapon to a licensed gun dealer or remove 117
the assault weapon from the state. 118
(d) Any person who moves into the state in lawful possession of an 119
assault weapon, shall, within ninety days, either render the assault 120
weapon permanently inoperable, sell the assault weapon to a licensed 121
gun dealer or remove the assault weapon from this state, except that 122
any person who is a member of the military or naval forces of this state 123
or of the United States, is in lawful possession of an assault weapon 124
and has been transferred into the state after October 1, 1994, may, 125
within ninety days of arriving in the state, apply to the Department of 126
Emergency Services and Public Protection for a certificate of 127
possession with respect to such assault weapon. 128
(e) If an owner of an assault weapon sells or transfers the assault 129
weapon to a licensed gun dealer, such dealer shall, at the time of 130
delivery of the assault weapon, execute a certificate of transfer and 131
cause the certificate of transfer to be mailed or delivered to the 132
Commissioner of Emergency Services and Public Protection. The 133
certificate of transfer shall contain: (1) The date of sale or transfer; (2) 134
the name and address of the seller or transferor and the licensed gun 135
dealer, their Social Security numbers or motor vehicle operator license 136
numbers, if applicable; (3) the licensed gun dealer's federal firearms 137
license number and seller's permit number; (4) a description of the 138
assault weapon, including the caliber of the assault weapon and its 139
make, model and serial number; and (5) any other information the 140
commissioner prescribes. The licensed gun dealer shall present such 141
dealer's motor vehicle operator's license or Social Security card, federal 142
firearms license and seller's permit to the seller or transferor for 143
inspection at the time of purchase or transfer. The Commissioner of 144
Emergency Services and Public Protection shall maintain a file of all 145
certificates of transfer at the commissioner's central office. 146
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(f) Any person who has been issued a certificate of possession for an 147
assault weapon under this section may possess the assault weapon 148
only under the following conditions: 149
(1) At that person's residence, place of business or other property 150
owned by that person, or on property owned by another person with 151
the owner's express permission; 152
(2) While on the premises of a target range of a public or private 153
club or organization organized for the purpose of practicing shooting 154
at targets; 155
(3) While on a target range which holds a regulatory or business 156
license for the purpose of practicing shooting at that target range; 157
(4) While on the premises of a licensed shooting club; 158
(5) While attending any exhibition, display or educational project 159
which is about firearms and which is sponsored by, conducted under 160
the auspices of, or approved by a law enforcement agency or a 161
nationally or state recognized entity that fosters proficiency in, or 162
promotes education about, firearms; 163
(6) While transporting the assault weapon between any of the places 164
set forth in this subsection, or to any licensed gun dealer, as defined in 165
subsection (f) of section 53-202f, as amended by this act, for servicing 166
or repair pursuant to subsection (c) of section 53-202f, as amended by 167
this act, or for purposes of a transfer pursuant to subsection (g) of 168
section 53-202f, as amended by this act, provided the assault weapon is 169
transported as required by section 53-202f, as amended by this act; 170
(7) With respect to a nonresident of this state, while transporting a 171
semiautomatic pistol that is defined as an assault weapon in any 172
provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 173
section 53-202a that the Commissioner of Emergency Services and 174
Public Protection designates as being designed expressly for use in 175
target shooting events at the Olympic games sponsored by the 176
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International Olympic Committee pursuant to regulations adopted 177
under subdivision (4) of subsection (b) of section 53-202b, into or 178
through this state in order to attend any exhibition, display or 179
educational project described in subdivision (5) of this subsection, or to 180
participate in a collegiate, Olympic or target pistol shooting 181
competition in this state which is sponsored by, conducted under the 182
auspices of, or approved by a law enforcement agency or a nationally 183
or state recognized entity that fosters proficiency in, or promotes 184
education about, firearms, provided (A) such pistol is transported into 185
or through this state not more than forty-eight hours prior to or after 186
such exhibition, display, project or competition, (B) such pistol is 187
unloaded and carried in a locked carrying case and the ammunition for 188
such pistol is carried in a separate locked container, (C) such 189
nonresident has not been convicted of a felony in this state or of an 190
offense in another state that would constitute a felony if committed in 191
this state, and (D) such nonresident has in his or her possession a pistol 192
permit or firearms registration card if such permit or card is required 193
for possession of such pistol under the laws of his or her state of 194
residence. 195
Sec. 2. Section 53-202f of the general statutes is amended by adding 196
subsection (g) as follows (Effective October 1, 2019): 197
(NEW) (g) (1) Any licensed gun dealer, as defined in subsection (f) 198
of this section, may take possession of any assault weapon from any 199
person to whom has been issued a certificate of possession for such 200
weapon pursuant to sections 53-202a to 53-202k, inclusive, for 201
purposes of transferring such assault weapon to another person 202
pursuant to subdivision (2) of this subsection. 203
(2) Any licensed gun dealer may transfer possession of any assault 204
weapon received pursuant to subdivision (1) of this subsection to a 205
person who lawfully possesses another assault weapon and to whom 206
has previously been issued a certificate of possession for such weapon 207
pursuant to sections 53-202a to 53-202k, inclusive. 208
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Sec. 3. Section 53-202w of the general statutes is repealed and the 209
following is substituted in lieu thereof (Effective October 1, 2019): 210
(a) As used in this section and section 53-202x: 211
(1) "Large capacity magazine" means any firearm magazine, belt, 212
drum, feed strip or similar device that has the capacity of, or can be 213
readily restored or converted to accept, more than ten rounds of 214
ammunition, but does not include: (A) A feeding device that has been 215
permanently altered so that it cannot accommodate more than ten 216
rounds of ammunition, (B) a .22 caliber tube ammunition feeding 217
device, (C) a tubular magazine that is contained in a lever-action 218
firearm, or (D) a magazine that is permanently inoperable; 219
(2) "Lawfully possesses", with respect to a large capacity magazine, 220
means that a person has (A) actual and lawful possession of the large 221
capacity magazine, (B) constructive possession of the large capacity 222
magazine pursuant to a lawful purchase of a firearm that contains a 223
large capacity magazine that was transacted prior to or on April 4, 224
2013, regardless of whether the firearm was delivered to the purchaser 225
prior to or on April 4, 2013, which lawful purchase is evidenced by a 226
writing sufficient to indicate that (i) a contract for sale was made 227
between the parties prior to or on April 4, 2013, for the purchase of the 228
firearm, or (ii) full or partial payment for the firearm was made by the 229
purchaser to the seller of the firearm prior to or on April 4, 2013, or (C) 230
actual possession under subparagraph (A) of this subdivision, or 231
constructive possession under subparagraph (B) of this subdivision, as 232
evidenced by a written statement made under penalty of false 233
statement on such form as the Commissioner of Emergency Services 234
and Public Protection prescribes; and 235
(3) "Licensed gun dealer" means a person who has a federal firearms 236
license and a permit to sell firearms pursuant to section 29-28. 237
(b) Except as provided in this section, on and after April 5, 2013, any 238
person who, within this state, distributes, imports into this state, keeps 239
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for sale, offers or exposes for sale, or purchases a large capacity 240
magazine shall be guilty of a class D felony. On and after April 5, 2013, 241
any person who, within this state, transfers a large capacity magazine, 242
except as provided in subsection (f) or (g) of this section, shall be guilty 243
of a class D felony. 244
(c) Except as provided in this section and section 53-202x: (1) Any 245
person who possesses a large capacity magazine on or after January 1, 246
2014, that was obtained prior to April 5, 2013, shall commit an 247
infraction and be fined not more than ninety dollars for a first offense 248
and shall be guilty of a class D felony for any subsequent offense, and 249
(2) any person who possesses a large capacity magazine on or after 250
January 1, 2014, that was obtained on or after April 5, 2013, shall be 251
guilty of a class D felony. 252
(d) A large capacity magazine may be possessed, purchased or 253
imported by: 254
(1) The Department of Emergency Services and Public Protection, 255
police departments, the Department of Correction, the Division of 256
Criminal Justice, the Department of Motor Vehicles, the Department of 257
Energy and Environmental Protection or the military or naval forces of 258
this state or of the United States; 259
(2) A sworn and duly certified member of an organized police 260
department, the Division of State Police within the Department of 261
Emergency Services and Public Protection or the Department of 262
Correction, a chief inspector or inspector in the Division of Criminal 263
Justice, a salaried inspector of motor vehicles designated by the 264
Commissioner of Motor Vehicles, a conservation officer or special 265
conservation officer appointed by the Commissioner of Energy and 266
Environmental Protection pursuant to section 26-5, or a constable who 267
is certified by the Police Officer Standards and Training Council and 268
appointed by the chief executive authority of a town, city or borough 269
to perform criminal law enforcement duties, for use by such sworn 270
member, inspector, officer or constable in the discharge of such sworn 271
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member's, inspector's, officer's or constable's official duties or when off 272
duty; 273
(3) A member of the military or naval forces of this state or of the 274
United States; 275
(4) A nuclear facility licensed by the United States Nuclear 276
Regulatory Commission for the purpose of providing security services 277
at such facility, or any contractor or subcontractor of such facility for 278
the purpose of providing security services at such facility; 279
(5) Any person who is sworn and acts as a policeman on behalf of 280
an armored car service pursuant to section 29-20 in the discharge of 281
such person's official duties; or 282
(6) Any person, firm or corporation engaged in the business of 283
manufacturing large capacity magazines in this state that 284
manufactures, purchases, tests or transports large capacity magazines 285
in this state for sale within this state to persons specified in 286
subdivisions (1) to (5), inclusive, of this subsection or for sale outside 287
this state, or a federally-licensed firearm manufacturer engaged in the 288
business of manufacturing firearms or large capacity magazines in this 289
state that manufactures, purchases, tests or transports firearms or large 290
capacity magazines in this state for sale within this state to persons 291
specified in subdivisions (1) to (5), inclusive, of this subsection or for 292
sale outside this state. 293
(e) A large capacity magazine may be possessed by: 294
(1) A licensed gun dealer; 295
(2) A gunsmith who is in a licensed gun dealer's employ, who 296
possesses such large capacity magazine for the purpose of servicing or 297
repairing a lawfully possessed large capacity magazine; 298
(3) A person, firm, corporation or federally-licensed firearm 299
manufacturer described in subdivision (6) of subsection (d) of this 300
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section that possesses a large capacity magazine that is lawfully 301
possessed by another person for the purpose of servicing or repairing 302
the large capacity magazine; 303
(4) Any person who has declared possession of the magazine 304
pursuant to section 53-202x; or 305
(5) Any person who is the executor or administrator of an estate that 306
includes a large capacity magazine, or the trustee of a trust that 307
includes a large capacity magazine, the possession of which has been 308
declared to the Department of Emergency Services and Public 309
Protection pursuant to section 53-202x, which is disposed of as 310
authorized by the Probate Court, if the disposition is otherwise 311
permitted by this section and section 53-202x. 312
(f) Subsection (b) of this section shall not prohibit: 313
(1) The transfer of a large capacity magazine, the possession of 314
which has been declared to the Department of Emergency Services and 315
Public Protection pursuant to section 53-202x, by bequest or intestate 316
succession, or, upon the death of a testator or settlor: (A) To a trust, or 317
(B) from a trust to a beneficiary; 318
(2) The transfer of a large capacity magazine to a police department 319
or the Department of Emergency Services and Public Protection; 320
(3) The transfer of a large capacity magazine to a licensed gun dealer 321
in accordance with section 53-202x; [or] 322
(4) The transfer of a large capacity magazine prior to October 1, 323
2013, from a licensed gun dealer, pawnbroker licensed under section 324
21-40, or consignment shop operator, as defined in section 21-39a, to 325
any person who (A) possessed the large capacity magazine prior to or 326
on April 4, 2013, (B) placed a firearm that such person legally 327
possessed, with the large capacity magazine included or attached, in 328
the possession of such dealer, pawnbroker or operator prior to or on 329
April 4, 2013, pursuant to an agreement between such person and such 330
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dealer, pawnbroker or operator for the sale of the firearm to a third 331
person, and (C) is eligible to possess the firearm on the date of such 332
transfer; or 333
(5) The transfer of a large capacity magazine pursuant to subsection 334
(g) of this section, the possession of which has been declared to the 335
Department of Emergency Services and Public Protection pursuant to 336
section 53-202x. 337
(g) (1) Any person may transfer a large capacity magazine, the 338
possession of which has been declared to the Department of 339
Emergency Services and Public Protection pursuant to section 53-202x 340
to a licensed gun dealer. 341
(2) A licensed gun dealer who takes possession of a large capacity 342
magazine pursuant to subdivision (1) of this subsection, may transfer 343
ownership of such large capacity magazine to a person who lawfully 344
possesses another large capacity magazine, the possession of which 345
has been declared to the Department of Emergency Services and Public 346
Protection pursuant to section 53-202x. 347
[(g)] (h) If the court finds that a violation of this section is not of a 348
serious nature and that the person charged with such violation (1) will 349
probably not offend in the future, (2) has not previously been 350
convicted of a violation of this section, and (3) has not previously had a 351
prosecution under this section suspended pursuant to this subsection, 352
it may order suspension of prosecution in accordance with the 353
provisions of subsection (h) of section 29-33. 354
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 53-202d
Sec. 2 October 1, 2019 53-202f
Sec. 3 October 1, 2019 53-202w
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Statement of Purpose:
To allow the legal transfer of an assault weapon possessed under a
certificate of possession and large capacity magazines possessed under
a declaration of possession between people who already legally
possess such weapons or magazines.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]
Co-Sponsors: REP. DUBITSKY, 47th Dist.; REP. FISHBEIN, 90th Dist.
H.B. 5870