23 | | - | Section 1. Section 53-202d of the general statutes is repealed and the 1 |
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24 | | - | following is substituted in lieu thereof (Effective October 1, 2019): 2 |
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25 | | - | (a) (1) (A) Except as provided in subparagraph (B) of this 3 |
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26 | | - | subdivision, any person who lawfully possesses an assault weapon, as 4 |
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27 | | - | defined in subparagraph (A) of subdivision (1) of section 53-202a, prior 5 |
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28 | | - | to October 1, 1993, shall apply by October 1, 1994, or, if such person is 6 |
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29 | | - | a member of the military or naval forces of this state or of the United 7 |
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30 | | - | States and is unable to apply by October 1, 1994, because such member 8 |
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31 | | - | is or was on official duty outside of this state, shall apply within ninety 9 |
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32 | | - | days of returning to the state to the Department of Emergency Services 10 |
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33 | | - | and Public Protection, for a certificate of possession with respect to 11 |
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34 | | - | such assault weapon. 12 |
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35 | | - | (B) No person who lawfully possesses an assault weapon pursuant 13 |
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36 | | - | to subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 14 |
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37 | | - | required to obtain a certificate of possession pursuant to this 15 |
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38 | | - | Committee Bill No. 5870 |
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39 | | - | |
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40 | | - | |
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41 | | - | LCO No. 4870 2 of 13 |
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42 | | - | |
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43 | | - | subdivision with respect to an assault weapon used for official duties, 16 |
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44 | | - | except that any person described in subdivision (2) of subsection (b) of 17 |
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45 | | - | section 53-202c who purchases an assault weapon, as defined in 18 |
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46 | | - | subparagraph (A) of subdivision (1) of section 53-202a, for use in the 19 |
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47 | | - | discharge of official duties who retires or is otherwise separated from 20 |
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48 | | - | service shall apply within ninety days of such retirement or separation 21 |
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49 | | - | from service to the Department of Emergency Services and Public 22 |
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50 | | - | Protection for a certificate of possession with respect to such assault 23 |
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51 | | - | weapon. 24 |
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52 | | - | (2) (A) Except as provided in subparagraph (B) of this subdivision, 25 |
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53 | | - | any person who lawfully possesses an assault weapon, as defined in 26 |
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54 | | - | any provision of subparagraphs (B) to (F), inclusive, of subdivision (1) 27 |
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55 | | - | of section 53-202a, on April 4, 2013, under the provisions of sections 53-28 |
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56 | | - | 202a to 53-202k, inclusive, in effect on January 1, 2013, or any person 29 |
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57 | | - | who regains possession of an assault weapon as defined in any 30 |
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58 | | - | provision of said subparagraphs pursuant to subsection (e) of section 31 |
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59 | | - | 53-202f, as amended by this act, or any person who lawfully purchases 32 |
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60 | | - | a firearm on or after April 4, 2013, but prior to June 18, 2013, that meets 33 |
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61 | | - | the criteria set forth in subdivision (3) or (4) of subsection (a) of section 34 |
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62 | | - | 53-202a of the general statutes, revision of 1958, revised to January 1, 35 |
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63 | | - | 2013, shall apply by January 1, 2014, or, if such person is a member of 36 |
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64 | | - | the military or naval forces of this state or of the United States and is 37 |
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65 | | - | unable to apply by January 1, 2014, because such member is or was on 38 |
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66 | | - | official duty outside of this state, shall apply within ninety days of 39 |
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67 | | - | returning to the state to the Department of Emergency Services and 40 |
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68 | | - | Public Protection for a certificate of possession with respect to such 41 |
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69 | | - | assault weapon. Any person who lawfully purchases a semiautomatic 42 |
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70 | | - | pistol that is defined as an assault weapon in any provision of 43 |
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71 | | - | subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-44 |
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72 | | - | 202a that the Commissioner of Emergency Services and Public 45 |
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73 | | - | Protection designates as being designed expressly for use in target 46 |
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74 | | - | shooting events at the Olympic games sponsored by the International 47 |
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75 | | - | Olympic Committee pursuant to regulations adopted under 48 |
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76 | | - | subdivision (4) of subsection (b) of section 53-202b shall apply within 49 |
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77 | | - | Committee Bill No. 5870 |
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78 | | - | |
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79 | | - | |
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80 | | - | LCO No. 4870 3 of 13 |
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81 | | - | |
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82 | | - | ninety days of such purchase to the Department of Emergency Services 50 |
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83 | | - | and Public Protection for a certificate of possession with respect to 51 |
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84 | | - | such assault weapon. 52 |
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85 | | - | (B) No person who lawfully possesses an assault weapon pursuant 53 |
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86 | | - | to subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 54 |
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87 | | - | required to obtain a certificate of possession pursuant to this 55 |
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88 | | - | subdivision with respect to an assault weapon used for official duties, 56 |
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89 | | - | except that any person described in subdivision (2) of subsection (b) of 57 |
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90 | | - | section 53-202c who purchases an assault weapon, as defined in any 58 |
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91 | | - | provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 59 |
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92 | | - | section 53-202a for use in the discharge of official duties who retires or 60 |
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93 | | - | is otherwise separated from service shall apply within ninety days of 61 |
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94 | | - | such retirement or separation from service to the Department of 62 |
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95 | | - | Emergency Services and Public Protection for a certificate of 63 |
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96 | | - | possession with respect to such assault weapon. 64 |
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97 | | - | (3) Any person who obtained a certificate of possession for an 65 |
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98 | | - | assault weapon, as defined in subparagraph (A) of subdivision (1) of 66 |
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99 | | - | section 53-202a, prior to April 5, 2013, that is defined as an assault 67 |
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100 | | - | weapon pursuant to any provision of subparagraphs (B) to (F), 68 |
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101 | | - | inclusive, of subdivision (1) of section 53-202a shall be deemed to have 69 |
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102 | | - | obtained a certificate of possession for such assault weapon for the 70 |
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103 | | - | purposes of sections 53-202a to 53-202k, inclusive, and shall not be 71 |
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104 | | - | required to obtain a subsequent certificate of possession for such 72 |
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105 | | - | assault weapon. 73 |
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106 | | - | (4) The certificate of possession shall contain a description of the 74 |
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107 | | - | firearm that identifies it uniquely, including all identification marks, 75 |
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108 | | - | the full name, address, date of birth and thumbprint of the owner, and 76 |
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109 | | - | any other information as the department may deem appropriate. 77 |
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110 | | - | (5) The department shall adopt regulations, in accordance with the 78 |
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111 | | - | provisions of chapter 54, to establish procedures with respect to the 79 |
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112 | | - | application for and issuance of certificates of possession pursuant to 80 |
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113 | | - | this section. Notwithstanding the provisions of sections 1-210 and 1-81 |
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114 | | - | Committee Bill No. 5870 |
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115 | | - | |
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116 | | - | |
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117 | | - | LCO No. 4870 4 of 13 |
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118 | | - | |
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119 | | - | 211, the name and address of a person issued a certificate of possession 82 |
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120 | | - | shall be confidential and shall not be disclosed, except such records 83 |
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121 | | - | may be disclosed to (A) law enforcement agencies and employees of 84 |
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122 | | - | the United States Probation Office acting in the performance of their 85 |
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123 | | - | duties and parole officers within the Department of Correction acting 86 |
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124 | | - | in the performance of their duties, and (B) the Commissioner of Mental 87 |
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125 | | - | Health and Addiction Services to carry out the provisions of 88 |
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126 | | - | subsection (c) of section 17a-500. 89 |
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127 | | - | (b) (1) No assault weapon, as defined in subparagraph (A) of 90 |
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128 | | - | subdivision (1) of section 53-202a, possessed pursuant to a certificate of 91 |
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129 | | - | possession issued under this section may be sold or transferred on or 92 |
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130 | | - | after January 1, 1994, to any person within this state other than to a 93 |
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131 | | - | licensed gun dealer, as defined in subsection (f) of section 53-202f, as 94 |
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132 | | - | amended by this act, or as provided in section 53-202e, or as provided 95 |
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133 | | - | in subsection (g) of section 53-202f, as amended by this act, or by 96 |
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134 | | - | bequest or intestate succession, or, upon the death of a testator or 97 |
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135 | | - | settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible 98 |
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136 | | - | to possess the assault weapon. 99 |
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137 | | - | (2) No assault weapon, as defined in any provision of 100 |
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138 | | - | subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-101 |
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139 | | - | 202a, possessed pursuant to a certificate of possession issued under 102 |
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140 | | - | this section may be sold or transferred on or after April 5, 2013, to any 103 |
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141 | | - | person within this state other than to a licensed gun dealer, as defined 104 |
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142 | | - | in subsection (f) of section 53-202f, as amended by this act, or as 105 |
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143 | | - | provided in section 53-202e, or as provided in subsection (g) of section 106 |
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144 | | - | 53-202f, as amended by this act, or by bequest or intestate succession, 107 |
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145 | | - | or, upon the death of a testator or settlor: (A) To a trust, or (B) from a 108 |
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146 | | - | trust to a beneficiary who is eligible to possess the assault weapon. 109 |
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147 | | - | (c) Any person who obtains title to an assault weapon for which a 110 |
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148 | | - | certificate of possession has been issued under this section by (1) 111 |
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149 | | - | transfer pursuant to subsection (g) of section 53-202f, as amended by 112 |
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150 | | - | this act, or (2) bequest or intestate succession, shall, within ninety days 113 |
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151 | | - | Committee Bill No. 5870 |
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152 | | - | |
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153 | | - | |
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154 | | - | LCO No. 4870 5 of 13 |
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155 | | - | |
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156 | | - | of obtaining title, apply to the Department of Emergency Services and 114 |
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157 | | - | Public Protection for a certificate of possession as provided in 115 |
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158 | | - | subsection (a) of this section, render the assault weapon permanently 116 |
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159 | | - | inoperable, sell the assault weapon to a licensed gun dealer or remove 117 |
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160 | | - | the assault weapon from the state. 118 |
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161 | | - | (d) Any person who moves into the state in lawful possession of an 119 |
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162 | | - | assault weapon, shall, within ninety days, either render the assault 120 |
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163 | | - | weapon permanently inoperable, sell the assault weapon to a licensed 121 |
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164 | | - | gun dealer or remove the assault weapon from this state, except that 122 |
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165 | | - | any person who is a member of the military or naval forces of this state 123 |
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166 | | - | or of the United States, is in lawful possession of an assault weapon 124 |
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167 | | - | and has been transferred into the state after October 1, 1994, may, 125 |
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168 | | - | within ninety days of arriving in the state, apply to the Department of 126 |
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169 | | - | Emergency Services and Public Protection for a certificate of 127 |
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170 | | - | possession with respect to such assault weapon. 128 |
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171 | | - | (e) If an owner of an assault weapon sells or transfers the assault 129 |
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172 | | - | weapon to a licensed gun dealer, such dealer shall, at the time of 130 |
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173 | | - | delivery of the assault weapon, execute a certificate of transfer and 131 |
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174 | | - | cause the certificate of transfer to be mailed or delivered to the 132 |
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175 | | - | Commissioner of Emergency Services and Public Protection. The 133 |
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176 | | - | certificate of transfer shall contain: (1) The date of sale or transfer; (2) 134 |
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177 | | - | the name and address of the seller or transferor and the licensed gun 135 |
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178 | | - | dealer, their Social Security numbers or motor vehicle operator license 136 |
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179 | | - | numbers, if applicable; (3) the licensed gun dealer's federal firearms 137 |
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180 | | - | license number and seller's permit number; (4) a description of the 138 |
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181 | | - | assault weapon, including the caliber of the assault weapon and its 139 |
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182 | | - | make, model and serial number; and (5) any other information the 140 |
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183 | | - | commissioner prescribes. The licensed gun dealer shall present such 141 |
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184 | | - | dealer's motor vehicle operator's license or Social Security card, federal 142 |
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185 | | - | firearms license and seller's permit to the seller or transferor for 143 |
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186 | | - | inspection at the time of purchase or transfer. The Commissioner of 144 |
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187 | | - | Emergency Services and Public Protection shall maintain a file of all 145 |
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188 | | - | certificates of transfer at the commissioner's central office. 146 |
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189 | | - | Committee Bill No. 5870 |
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190 | | - | |
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191 | | - | |
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192 | | - | LCO No. 4870 6 of 13 |
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193 | | - | |
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194 | | - | (f) Any person who has been issued a certificate of possession for an 147 |
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195 | | - | assault weapon under this section may possess the assault weapon 148 |
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196 | | - | only under the following conditions: 149 |
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197 | | - | (1) At that person's residence, place of business or other property 150 |
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198 | | - | owned by that person, or on property owned by another person with 151 |
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199 | | - | the owner's express permission; 152 |
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200 | | - | (2) While on the premises of a target range of a public or private 153 |
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201 | | - | club or organization organized for the purpose of practicing shooting 154 |
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202 | | - | at targets; 155 |
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203 | | - | (3) While on a target range which holds a regulatory or business 156 |
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204 | | - | license for the purpose of practicing shooting at that target range; 157 |
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205 | | - | (4) While on the premises of a licensed shooting club; 158 |
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206 | | - | (5) While attending any exhibition, display or educational project 159 |
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207 | | - | which is about firearms and which is sponsored by, conducted under 160 |
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208 | | - | the auspices of, or approved by a law enforcement agency or a 161 |
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209 | | - | nationally or state recognized entity that fosters proficiency in, or 162 |
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210 | | - | promotes education about, firearms; 163 |
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211 | | - | (6) While transporting the assault weapon between any of the places 164 |
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212 | | - | set forth in this subsection, or to any licensed gun dealer, as defined in 165 |
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213 | | - | subsection (f) of section 53-202f, as amended by this act, for servicing 166 |
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214 | | - | or repair pursuant to subsection (c) of section 53-202f, as amended by 167 |
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215 | | - | this act, or for purposes of a transfer pursuant to subsection (g) of 168 |
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216 | | - | section 53-202f, as amended by this act, provided the assault weapon is 169 |
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217 | | - | transported as required by section 53-202f, as amended by this act; 170 |
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218 | | - | (7) With respect to a nonresident of this state, while transporting a 171 |
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219 | | - | semiautomatic pistol that is defined as an assault weapon in any 172 |
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220 | | - | provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 173 |
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221 | | - | section 53-202a that the Commissioner of Emergency Services and 174 |
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222 | | - | Public Protection designates as being designed expressly for use in 175 |
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223 | | - | target shooting events at the Olympic games sponsored by the 176 |
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224 | | - | Committee Bill No. 5870 |
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225 | | - | |
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226 | | - | |
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227 | | - | LCO No. 4870 7 of 13 |
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228 | | - | |
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229 | | - | International Olympic Committee pursuant to regulations adopted 177 |
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230 | | - | under subdivision (4) of subsection (b) of section 53-202b, into or 178 |
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231 | | - | through this state in order to attend any exhibition, display or 179 |
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232 | | - | educational project described in subdivision (5) of this subsection, or to 180 |
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233 | | - | participate in a collegiate, Olympic or target pistol shooting 181 |
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234 | | - | competition in this state which is sponsored by, conducted under the 182 |
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235 | | - | auspices of, or approved by a law enforcement agency or a nationally 183 |
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236 | | - | or state recognized entity that fosters proficiency in, or promotes 184 |
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237 | | - | education about, firearms, provided (A) such pistol is transported into 185 |
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238 | | - | or through this state not more than forty-eight hours prior to or after 186 |
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239 | | - | such exhibition, display, project or competition, (B) such pistol is 187 |
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240 | | - | unloaded and carried in a locked carrying case and the ammunition for 188 |
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241 | | - | such pistol is carried in a separate locked container, (C) such 189 |
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242 | | - | nonresident has not been convicted of a felony in this state or of an 190 |
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243 | | - | offense in another state that would constitute a felony if committed in 191 |
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244 | | - | this state, and (D) such nonresident has in his or her possession a pistol 192 |
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245 | | - | permit or firearms registration card if such permit or card is required 193 |
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246 | | - | for possession of such pistol under the laws of his or her state of 194 |
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247 | | - | residence. 195 |
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248 | | - | Sec. 2. Section 53-202f of the general statutes is amended by adding 196 |
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249 | | - | subsection (g) as follows (Effective October 1, 2019): 197 |
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250 | | - | (NEW) (g) (1) Any licensed gun dealer, as defined in subsection (f) 198 |
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251 | | - | of this section, may take possession of any assault weapon from any 199 |
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252 | | - | person to whom has been issued a certificate of possession for such 200 |
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253 | | - | weapon pursuant to sections 53-202a to 53-202k, inclusive, for 201 |
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254 | | - | purposes of transferring such assault weapon to another person 202 |
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255 | | - | pursuant to subdivision (2) of this subsection. 203 |
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256 | | - | (2) Any licensed gun dealer may transfer possession of any assault 204 |
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257 | | - | weapon received pursuant to subdivision (1) of this subsection to a 205 |
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258 | | - | person who lawfully possesses another assault weapon and to whom 206 |
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259 | | - | has previously been issued a certificate of possession for such weapon 207 |
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260 | | - | pursuant to sections 53-202a to 53-202k, inclusive. 208 |
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261 | | - | Committee Bill No. 5870 |
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263 | | - | |
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264 | | - | LCO No. 4870 8 of 13 |
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265 | | - | |
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266 | | - | Sec. 3. Section 53-202w of the general statutes is repealed and the 209 |
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267 | | - | following is substituted in lieu thereof (Effective October 1, 2019): 210 |
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268 | | - | (a) As used in this section and section 53-202x: 211 |
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269 | | - | (1) "Large capacity magazine" means any firearm magazine, belt, 212 |
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270 | | - | drum, feed strip or similar device that has the capacity of, or can be 213 |
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271 | | - | readily restored or converted to accept, more than ten rounds of 214 |
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272 | | - | ammunition, but does not include: (A) A feeding device that has been 215 |
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273 | | - | permanently altered so that it cannot accommodate more than ten 216 |
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274 | | - | rounds of ammunition, (B) a .22 caliber tube ammunition feeding 217 |
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275 | | - | device, (C) a tubular magazine that is contained in a lever-action 218 |
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276 | | - | firearm, or (D) a magazine that is permanently inoperable; 219 |
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277 | | - | (2) "Lawfully possesses", with respect to a large capacity magazine, 220 |
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278 | | - | means that a person has (A) actual and lawful possession of the large 221 |
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279 | | - | capacity magazine, (B) constructive possession of the large capacity 222 |
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280 | | - | magazine pursuant to a lawful purchase of a firearm that contains a 223 |
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281 | | - | large capacity magazine that was transacted prior to or on April 4, 224 |
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282 | | - | 2013, regardless of whether the firearm was delivered to the purchaser 225 |
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283 | | - | prior to or on April 4, 2013, which lawful purchase is evidenced by a 226 |
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284 | | - | writing sufficient to indicate that (i) a contract for sale was made 227 |
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285 | | - | between the parties prior to or on April 4, 2013, for the purchase of the 228 |
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286 | | - | firearm, or (ii) full or partial payment for the firearm was made by the 229 |
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287 | | - | purchaser to the seller of the firearm prior to or on April 4, 2013, or (C) 230 |
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288 | | - | actual possession under subparagraph (A) of this subdivision, or 231 |
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289 | | - | constructive possession under subparagraph (B) of this subdivision, as 232 |
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290 | | - | evidenced by a written statement made under penalty of false 233 |
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291 | | - | statement on such form as the Commissioner of Emergency Services 234 |
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292 | | - | and Public Protection prescribes; and 235 |
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293 | | - | (3) "Licensed gun dealer" means a person who has a federal firearms 236 |
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294 | | - | license and a permit to sell firearms pursuant to section 29-28. 237 |
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295 | | - | (b) Except as provided in this section, on and after April 5, 2013, any 238 |
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296 | | - | person who, within this state, distributes, imports into this state, keeps 239 |
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297 | | - | Committee Bill No. 5870 |
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298 | | - | |
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299 | | - | |
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300 | | - | LCO No. 4870 9 of 13 |
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301 | | - | |
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302 | | - | for sale, offers or exposes for sale, or purchases a large capacity 240 |
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303 | | - | magazine shall be guilty of a class D felony. On and after April 5, 2013, 241 |
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304 | | - | any person who, within this state, transfers a large capacity magazine, 242 |
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305 | | - | except as provided in subsection (f) or (g) of this section, shall be guilty 243 |
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306 | | - | of a class D felony. 244 |
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307 | | - | (c) Except as provided in this section and section 53-202x: (1) Any 245 |
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308 | | - | person who possesses a large capacity magazine on or after January 1, 246 |
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309 | | - | 2014, that was obtained prior to April 5, 2013, shall commit an 247 |
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310 | | - | infraction and be fined not more than ninety dollars for a first offense 248 |
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311 | | - | and shall be guilty of a class D felony for any subsequent offense, and 249 |
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312 | | - | (2) any person who possesses a large capacity magazine on or after 250 |
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313 | | - | January 1, 2014, that was obtained on or after April 5, 2013, shall be 251 |
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314 | | - | guilty of a class D felony. 252 |
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315 | | - | (d) A large capacity magazine may be possessed, purchased or 253 |
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316 | | - | imported by: 254 |
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317 | | - | (1) The Department of Emergency Services and Public Protection, 255 |
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318 | | - | police departments, the Department of Correction, the Division of 256 |
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319 | | - | Criminal Justice, the Department of Motor Vehicles, the Department of 257 |
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320 | | - | Energy and Environmental Protection or the military or naval forces of 258 |
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321 | | - | this state or of the United States; 259 |
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322 | | - | (2) A sworn and duly certified member of an organized police 260 |
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323 | | - | department, the Division of State Police within the Department of 261 |
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324 | | - | Emergency Services and Public Protection or the Department of 262 |
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325 | | - | Correction, a chief inspector or inspector in the Division of Criminal 263 |
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326 | | - | Justice, a salaried inspector of motor vehicles designated by the 264 |
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327 | | - | Commissioner of Motor Vehicles, a conservation officer or special 265 |
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328 | | - | conservation officer appointed by the Commissioner of Energy and 266 |
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329 | | - | Environmental Protection pursuant to section 26-5, or a constable who 267 |
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330 | | - | is certified by the Police Officer Standards and Training Council and 268 |
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331 | | - | appointed by the chief executive authority of a town, city or borough 269 |
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332 | | - | to perform criminal law enforcement duties, for use by such sworn 270 |
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333 | | - | member, inspector, officer or constable in the discharge of such sworn 271 |
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334 | | - | Committee Bill No. 5870 |
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335 | | - | |
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336 | | - | |
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337 | | - | LCO No. 4870 10 of 13 |
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338 | | - | |
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339 | | - | member's, inspector's, officer's or constable's official duties or when off 272 |
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340 | | - | duty; 273 |
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341 | | - | (3) A member of the military or naval forces of this state or of the 274 |
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342 | | - | United States; 275 |
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343 | | - | (4) A nuclear facility licensed by the United States Nuclear 276 |
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344 | | - | Regulatory Commission for the purpose of providing security services 277 |
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345 | | - | at such facility, or any contractor or subcontractor of such facility for 278 |
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346 | | - | the purpose of providing security services at such facility; 279 |
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347 | | - | (5) Any person who is sworn and acts as a policeman on behalf of 280 |
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348 | | - | an armored car service pursuant to section 29-20 in the discharge of 281 |
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349 | | - | such person's official duties; or 282 |
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350 | | - | (6) Any person, firm or corporation engaged in the business of 283 |
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351 | | - | manufacturing large capacity magazines in this state that 284 |
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352 | | - | manufactures, purchases, tests or transports large capacity magazines 285 |
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353 | | - | in this state for sale within this state to persons specified in 286 |
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354 | | - | subdivisions (1) to (5), inclusive, of this subsection or for sale outside 287 |
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355 | | - | this state, or a federally-licensed firearm manufacturer engaged in the 288 |
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356 | | - | business of manufacturing firearms or large capacity magazines in this 289 |
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357 | | - | state that manufactures, purchases, tests or transports firearms or large 290 |
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358 | | - | capacity magazines in this state for sale within this state to persons 291 |
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359 | | - | specified in subdivisions (1) to (5), inclusive, of this subsection or for 292 |
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360 | | - | sale outside this state. 293 |
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361 | | - | (e) A large capacity magazine may be possessed by: 294 |
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362 | | - | (1) A licensed gun dealer; 295 |
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363 | | - | (2) A gunsmith who is in a licensed gun dealer's employ, who 296 |
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364 | | - | possesses such large capacity magazine for the purpose of servicing or 297 |
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365 | | - | repairing a lawfully possessed large capacity magazine; 298 |
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366 | | - | (3) A person, firm, corporation or federally-licensed firearm 299 |
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367 | | - | manufacturer described in subdivision (6) of subsection (d) of this 300 |
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368 | | - | Committee Bill No. 5870 |
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369 | | - | |
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370 | | - | |
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371 | | - | LCO No. 4870 11 of 13 |
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372 | | - | |
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373 | | - | section that possesses a large capacity magazine that is lawfully 301 |
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374 | | - | possessed by another person for the purpose of servicing or repairing 302 |
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375 | | - | the large capacity magazine; 303 |
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376 | | - | (4) Any person who has declared possession of the magazine 304 |
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377 | | - | pursuant to section 53-202x; or 305 |
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378 | | - | (5) Any person who is the executor or administrator of an estate that 306 |
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379 | | - | includes a large capacity magazine, or the trustee of a trust that 307 |
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380 | | - | includes a large capacity magazine, the possession of which has been 308 |
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381 | | - | declared to the Department of Emergency Services and Public 309 |
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382 | | - | Protection pursuant to section 53-202x, which is disposed of as 310 |
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383 | | - | authorized by the Probate Court, if the disposition is otherwise 311 |
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384 | | - | permitted by this section and section 53-202x. 312 |
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385 | | - | (f) Subsection (b) of this section shall not prohibit: 313 |
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386 | | - | (1) The transfer of a large capacity magazine, the possession of 314 |
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387 | | - | which has been declared to the Department of Emergency Services and 315 |
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388 | | - | Public Protection pursuant to section 53-202x, by bequest or intestate 316 |
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389 | | - | succession, or, upon the death of a testator or settlor: (A) To a trust, or 317 |
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390 | | - | (B) from a trust to a beneficiary; 318 |
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391 | | - | (2) The transfer of a large capacity magazine to a police department 319 |
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392 | | - | or the Department of Emergency Services and Public Protection; 320 |
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393 | | - | (3) The transfer of a large capacity magazine to a licensed gun dealer 321 |
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394 | | - | in accordance with section 53-202x; [or] 322 |
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395 | | - | (4) The transfer of a large capacity magazine prior to October 1, 323 |
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396 | | - | 2013, from a licensed gun dealer, pawnbroker licensed under section 324 |
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397 | | - | 21-40, or consignment shop operator, as defined in section 21-39a, to 325 |
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398 | | - | any person who (A) possessed the large capacity magazine prior to or 326 |
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399 | | - | on April 4, 2013, (B) placed a firearm that such person legally 327 |
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400 | | - | possessed, with the large capacity magazine included or attached, in 328 |
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401 | | - | the possession of such dealer, pawnbroker or operator prior to or on 329 |
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402 | | - | April 4, 2013, pursuant to an agreement between such person and such 330 |
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403 | | - | Committee Bill No. 5870 |
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404 | | - | |
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405 | | - | |
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406 | | - | LCO No. 4870 12 of 13 |
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407 | | - | |
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408 | | - | dealer, pawnbroker or operator for the sale of the firearm to a third 331 |
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409 | | - | person, and (C) is eligible to possess the firearm on the date of such 332 |
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410 | | - | transfer; or 333 |
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411 | | - | (5) The transfer of a large capacity magazine pursuant to subsection 334 |
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412 | | - | (g) of this section, the possession of which has been declared to the 335 |
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413 | | - | Department of Emergency Services and Public Protection pursuant to 336 |
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414 | | - | section 53-202x. 337 |
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415 | | - | (g) (1) Any person may transfer a large capacity magazine, the 338 |
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416 | | - | possession of which has been declared to the Department of 339 |
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417 | | - | Emergency Services and Public Protection pursuant to section 53-202x 340 |
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418 | | - | to a licensed gun dealer. 341 |
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419 | | - | (2) A licensed gun dealer who takes possession of a large capacity 342 |
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420 | | - | magazine pursuant to subdivision (1) of this subsection, may transfer 343 |
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421 | | - | ownership of such large capacity magazine to a person who lawfully 344 |
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422 | | - | possesses another large capacity magazine, the possession of which 345 |
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423 | | - | has been declared to the Department of Emergency Services and Public 346 |
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424 | | - | Protection pursuant to section 53-202x. 347 |
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425 | | - | [(g)] (h) If the court finds that a violation of this section is not of a 348 |
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426 | | - | serious nature and that the person charged with such violation (1) will 349 |
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427 | | - | probably not offend in the future, (2) has not previously been 350 |
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428 | | - | convicted of a violation of this section, and (3) has not previously had a 351 |
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429 | | - | prosecution under this section suspended pursuant to this subsection, 352 |
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430 | | - | it may order suspension of prosecution in accordance with the 353 |
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431 | | - | provisions of subsection (h) of section 29-33. 354 |
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432 | | - | This act shall take effect as follows and shall amend the following |
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433 | | - | sections: |
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434 | | - | |
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435 | | - | Section 1 October 1, 2019 53-202d |
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436 | | - | Sec. 2 October 1, 2019 53-202f |
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437 | | - | Sec. 3 October 1, 2019 53-202w |
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438 | | - | |
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439 | | - | Committee Bill No. 5870 |
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440 | | - | |
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441 | | - | |
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442 | | - | LCO No. 4870 13 of 13 |
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443 | | - | |
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| 23 | + | That title 53 of the general statutes be amended to allow a person (1) 1 |
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| 24 | + | who possesses an assault weapon pursuant to a certificate of 2 |
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| 25 | + | possession to transfer the assault weapon through a federal firearms 3 |
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| 26 | + | licensed dealer to another person who possesses an assault weapon 4 |
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| 27 | + | pursuant to a certificate of possession, and (2) who declared possession 5 |
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| 28 | + | of a large capacity magazine to transfer the large capacity magazine 6 |
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| 29 | + | through a federal firearms licensed dealer to another person who has 7 |
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| 30 | + | declared possession of a large capacity magazine. 8 |
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