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General Assembly Raised Bill No. 7219
January Session, 2019
LCO No. 4665
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING GH OST GUNS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53a-3 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
Except where different meanings are expressly specified, the 3
following terms have the following meanings when used in this title: 4
(1) "Person" means a human being, and, where appropriate, a public 5
or private corporation, a limited liability company, an unincorporated 6
association, a partnership, a government or a governmental 7
instrumentality; 8
(2) "Possess" means to have physical possession or otherwise to 9
exercise dominion or control over tangible property; 10
(3) "Physical injury" means impairment of physical condition or 11
pain; 12
(4) "Serious physical injury" means physical injury which creates a 13 Raised Bill No. 7219
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substantial risk of death, or which causes serious disfigurement, 14
serious impairment of health or serious loss or impairment of the 15
function of any bodily organ; 16
(5) "Deadly physical force" means physical force which can be 17
reasonably expected to cause death or serious physical injury; 18
(6) "Deadly weapon" means any weapon, whether loaded or 19
unloaded, from which a shot may be discharged, or a switchblade 20
knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles. The 21
definition of "deadly weapon" in this subdivision shall be deemed not 22
to apply to section 29-38 or 53-206; 23
(7) "Dangerous instrument" means any instrument, article or 24
substance which, under the circumstances in which it is used or 25
attempted or threatened to be used, is capable of causing death or 26
serious physical injury, and includes a "vehicle" as that term is defined 27
in this section and includes a dog that has been commanded to attack, 28
except a dog owned by a law enforcement agency of the state or any 29
political subdivision thereof or of the federal government when such 30
dog is in the performance of its duties under the direct supervision, 31
care and control of an assigned law enforcement officer; 32
(8) "Vehicle" means a "motor vehicle" as defined in section 14-1, a 33
snowmobile, any aircraft, or any vessel equipped for propulsion by 34
mechanical means or sail; 35
(9) "Peace officer" means a member of the Division of State Police 36
within the Department of Emergency Services and Public Protection or 37
an organized local police department, a chief inspector or inspector in 38
the Division of Criminal Justice, a state marshal while exercising 39
authority granted under any provision of the general statutes, a 40
judicial marshal in the performance of the duties of a judicial marshal, 41
a conservation officer or special conservation officer, as defined in 42
section 26-5, a constable who performs criminal law enforcement 43
duties, a special policeman appointed under section 29-18, 29-18a or 44
29-19, an adult probation officer, an official of the Department of 45 Raised Bill No. 7219
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Correction authorized by the Commissioner of Correction to make 46
arrests in a correctional institution or facility, any investigator in the 47
investigations unit of the office of the State Treasurer, a United States 48
marshal or deputy marshal, any special agent of the federal 49
government authorized to enforce the provisions of Title 21 of the 50
United States Code, or a member of a law enforcement unit of the 51
Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of 52
Connecticut created and governed by a memorandum of agreement 53
under section 47-65c who is certified as a police officer by the Police 54
Officer Standards and Training Council pursuant to sections 7-294a to 55
7-294e, inclusive; 56
(10) "Firefighter" means any agent of a municipality whose duty it is 57
to protect life and property therein as a member of a duly constituted 58
fire department whether professional or volunteer; 59
(11) A person acts "intentionally" with respect to a result or to 60
conduct described by a statute defining an offense when his conscious 61
objective is to cause such result or to engage in such conduct; 62
(12) A person acts "knowingly" with respect to conduct or to a 63
circumstance described by a statute defining an offense when he is 64
aware that his conduct is of such nature or that such circumstance 65
exists; 66
(13) A person acts "recklessly" with respect to a result or to a 67
circumstance described by a statute defining an offense when he is 68
aware of and consciously disregards a substantial and unjustifiable 69
risk that such result will occur or that such circumstance exists. The 70
risk must be of such nature and degree that disregarding it constitutes 71
a gross deviation from the standard of conduct that a reasonable 72
person would observe in the situation; 73
(14) A person acts with "criminal negligence" with respect to a result 74
or to a circumstance described by a statute defining an offense when 75
he fails to perceive a substantial and unjustifiable risk that such result 76
will occur or that such circumstance exists. The risk must be of such 77 Raised Bill No. 7219
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nature and degree that the failure to perceive it constitutes a gross 78
deviation from the standard of care that a reasonable person would 79
observe in the situation; 80
(15) "Machine gun" means a weapon of any description, irrespective 81
of size, by whatever name known, loaded or unloaded, from which a 82
number of shots or bullets may be rapidly or automatically discharged 83
from a magazine with one continuous pull of the trigger and includes 84
a submachine gun; 85
(16) "Rifle" means a weapon designed or redesigned, made or 86
remade, and intended to be fired from the shoulder and designed or 87
redesigned and made or remade to use the energy of the explosive in a 88
fixed metallic cartridge to fire only a single projectile through a rifled 89
bore for each single pull of the trigger; 90
(17) "Shotgun" means a weapon designed or redesigned, made or 91
remade, and intended to be fired from the shoulder and designed or 92
redesigned and made or remade to use the energy of the explosive in a 93
fixed shotgun shell to fire through a smooth bore either a number of 94
ball shot or a single projectile for each single pull of the trigger; 95
(18) "Pistol" or "revolver" means any firearm having a barrel less 96
than twelve inches; 97
(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, 98
shotgun, pistol, revolver or other weapon, whether loaded or 99
unloaded from which a shot may be discharged, and any unfinished 100
"frame or lower receiver", as that term is defined in this section; 101
(20) "Electronic defense weapon" means a weapon which by 102
electronic impulse or current is capable of immobilizing a person 103
temporarily, but is not capable of inflicting death or serious physical 104
injury, including a stun gun or other conductive energy device; 105
(21) "Martial arts weapon" means a nunchaku, kama, kasari-fundo, 106
octagon sai, tonfa or chinese star; 107 Raised Bill No. 7219
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(22) "Employee of an emergency medical service organization" 108
means an ambulance driver, emergency medical t echnician or 109
paramedic as defined in section 19a-175; 110
(23) "Railroad property" means all tangible property owned, leased 111
or operated by a railroad carrier including, but not limited to, a right-112
of-way, track, roadbed, bridge, yard, shop, station, tunnel, viaduct, 113
trestle, depot, warehouse, terminal or any other structure or 114
appurtenance or equipment owned, leased or used in the operation of 115
a railroad carrier including a train, locomotive, engine, railroad car, 116
signals or safety device or work equipment or rolling stock; 117
(24) "Frame or lower receiver" means the part of a firearm that 118
provides the action or housing for the hammer, bolt or breechblock 119
and firing mechanism, and includes a frame or lower receiver blank, 120
casting or machined body that requires further machining or molding 121
to be used as part of a functional firearm, and which is designed and 122
intended to be used in the "assembly", as that term is defined in section 123
29-36, as amended by this act, of a functional firearm. 124
Sec. 2. Section 29-36 of the general statutes is repealed and the 125
following is substituted in lieu thereof (Effective October 1, 2019): 126
(a) No individual shall complete the manufacture or assembly of a 127
firearm without (1) obtaining a unique serial number or other mark of 128
identification from the Department of Emergency Services and Public 129
Protection pursuant to section 3 of this act, and (2) engraving upon or 130
permanently affixing to the firearm such serial number or other mark 131
in a manner that conforms with the requirements imposed on licensed 132
importers and licensed manufacturers of firearms pursuant to 18 USC 133
923(i), as amended from time to time, and any regulation adopted 134
thereunder. 135
(b) No individual shall complete the manufacture or assembly of 136
any firearm from polymer plastic, unless such plastic is embedded 137
with at least three point seven ounces of material type 17-4 PH 138
stainless steel and such firearm is engraved or otherwise marked with 139 Raised Bill No. 7219
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a unique serial number or other mark of identification pursuant to 140
subsection (a) of this section. 141
(c) Not later than thirty days after an individual completes 142
manufacturing or assembling a firearm pursuant to this section, such 143
individual shall notify the Department of Emergency Services and 144
Public Protection and provide any identifying information to said 145
department concerning the firearm and the owner of such firearm, in a 146
manner provided by the Commissioner of Emergency Services and 147
Public Protection. 148
[(a)] (d) No [person] individual shall remove, deface, alter or 149
obliterate the name of any maker or model or any maker's number, 150
unique serial number or other mark of identification on any firearm. 151
[as defined in section 53a-3.] The possession of any firearm upon 152
which any identifying mark, number or name has been removed, 153
defaced, altered or obliterated shall be prima facie evidence that the 154
[person] individual owning or in possession of such firearm has 155
removed, defaced, altered or obliterated the same. 156
(e) No individual shall transfer to another individual any firearm 157
manufactured or assembled in accordance with this section, except as 158
provided in subdivision (2) of subsection (f) of this section. 159
(f) The provisions of this section shall not apply to (1) manufacture 160
or assembly of firearms by a federally licensed firearm manufacturer, 161
or (2) delivery or transfer of a firearm to a law enforcement agency. 162
Any firearm delivered or transferred to a law enforcement agency 163
pursuant to this subsection shall be destroyed by the law enforcement 164
agency. 165
(g) No individual shall facilitate, aid or abet the manufacture or 166
assembly of a firearm pursuant to this section by an individual or for 167
an individual who is otherwise prohibited by law from owning or 168
possessing a firearm. 169
[(b)] (h) Any [person] individual who violates any provision of this 170 Raised Bill No. 7219
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section shall be guilty of a class C felony for which two years of the 171
sentence imposed may not be suspended or reduced by the court, and 172
five thousand dollars of the fine imposed may not be remitted or 173
reduced by the court unless the court states on the record its reasons 174
for remitting or reducing such fine, and any firearm found in the 175
possession of any [person] individual in violation of said provision 176
shall be forfeited. 177
(i) For purposes of this section, "manufacture" means to newly 178
fabricate or construct a firearm, "assembly" means the fitting together 179
of the component parts of a firearm to construct a firearm, "firearm" 180
means firearm, as defined in section 53a-3, as amended by this act, and 181
"law enforcement agency" means law enforcement agency, as defined 182
in section 29-1i. 183
Sec. 3. (NEW) (Effective from passage) The Department of Emergency 184
Services and Public Protection shall develop and maintain a system to 185
distribute a unique serial number or other mark of identification to any 186
individual requesting such number or mark in accordance with section 187
29-36 of the general statutes, as amended by this act. The department 188
shall maintain identifying information of the individual requesting the 189
number or mark and of the firearm for which each such number or 190
mark is requested. 191
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 53a-3
Sec. 2 October 1, 2019 29-36
Sec. 3 from passage New section
Statement of Purpose:
To ban guns without serial numbers and regulate those which are sold
in a form requiring the purchaser to finish assembly or that are
homemade or 3-D printed.
[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.] Raised Bill No. 7219
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