Substitute House Bill No. 7219
Public Act No. 19-6
AN ACT CONCERNING GH OST GUNS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 29-36 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) No person shall remove, deface, alter or obliterate the name of
any maker or model or any maker's number, unique serial number or
other mark of identification on any firearm as defined in section 53a-3.
The possession of any firearm upon which any identifying mark,
number or name has been removed, defaced, altered or obliterated
shall be prima facie evidence that the person owning or in possession
of such firearm has removed, defaced, altered or obliterated the same.
(b) Any person who violates any provision of this section shall be
guilty of a class C felony for which two years of the sentence imposed
may not be suspended or reduced by the court, and five thousand
dollars of the fine imposed may not be remitted or reduced by the
court unless the court states on the record its reasons for remitting or
reducing such fine, and any firearm found in the possession of any
person in violation of said provision shall be forfeited.
Sec. 2. (NEW) (Effective October 1, 2019) (a) No person shall complete Substitute House Bill No. 7219
Public Act No. 19-6 2 of 10
the manufacture of a firearm without subsequently (1) obtaining a
unique serial number or other mark of identification from the
Department of Emergency Services and Public Protection pursuant to
subsection (b) of this section, and (2) engraving upon or permanently
affixing to the firearm such serial number or other mark in a manner
that conforms with the requirements imposed on licensed importers
and licensed manufacturers of firearms pursuant to 18 USC 923(i), as
amended from time to time, and any regulation adopted thereunder.
(b) Not later than thirty days after a person completes the
manufacture of a firearm or ninety days after the Department of
Emergency Services and Public Protection provides notice in
accordance with section 3 of this act that the system to distribute a
unique serial number or other mark of identification pursuant to this
section is operational, whichever date is later, such person shall notify
the department of such manufacture and provide any identifying
information to the department concerning the firearm and the owner
of such firearm, in a manner prescribed by the Commissioner of
Emergency Services and Public Protection. Upon receiving a properly
submitted request for a unique serial number or other mark of
identification from a person who completes manufacture of a firearm,
the department shall determine if such person is prohibited from
purchasing a firearm and if not, shall issue to such person a unique
serial number or other mark of identification immediately and in no
instance more than three business days after the department receives
such request. Issuance of a unique serial number or other mark of
identification pursuant to this subsection shall not be evidence that the
firearm is otherwise lawfully possessed.
(c) The provisions of subsections (a) and (b) of this section shall not
apply to the manufacture of a firearm manufactured using an
unfinished frame or lower receiver on which a serial number or other
mark has been engraved or permanently affixed pursuant to Substitute House Bill No. 7219
Public Act No. 19-6 3 of 10
subsection (c) of section 5 of this act.
(d) No person shall transfer to another person any firearm
manufactured in violation of this section.
(e) The provisions of this section shall not apply to (1) the
manufacture of firearms by a federally licensed firearm manufacturer,
(2) (A) any antique firearm, as defined in 18 USC 921, as amended
from time to time, or (B) any firearm manufactured prior to the
effective date of this section, provided such firearm is otherwise
lawfully possessed, or (3) delivery or transfer of a firearm to a law
enforcement agency.
(f) No person shall facilitate, aid or abet the manufacture of a
firearm (1) by a person or for a person who is otherwise prohibited by
law from purchasing or possessing a firearm, or (2) that a person is
otherwise prohibited by law from purchasing or possessing.
(g) If the court finds that a violation of this section is not of a serious
nature and that the person charged with such violation (1) will
probably not offend in the future, (2) has not previously been
convicted of a violation of this section, and (3) has not previously had a
prosecution under this section suspended pursuant to this subsection,
the court may order suspension of prosecution. The court shall not
order suspension of prosecution unless the accused person has
acknowledged that he or she understands the consequences of the
suspension of prosecution. Any person for whom prosecution is
suspended shall agree to the tolling of any statute of limitations with
respect to such violation and to a waiver of his or her right to a speedy
trial. Such person shall appear in court and shall be released to the
custody of the Court Support Services Division for such period, not
exceeding two years, and under such conditions as the court shall
order. If the person refuses to accept, or, having accepted, violates such
conditions, the court shall terminate the suspension of prosecution and Substitute House Bill No. 7219
Public Act No. 19-6 4 of 10
the case shall be brought to trial. If such person satisfactorily completes
such person's period of probation, he or she may apply for dismissal of
the charges against such person and the court, on finding such
satisfactory completion, shall dismiss such charges. If the person does
not apply for dismissal of the charges against such person after
satisfactorily completing such person's period of probation, the court,
upon receipt of a report submitted by the Court Support Services
Division that the person satisfactorily completed such person's period
of probation, may on its own motion make a finding of such
satisfactory completion and dismiss such charges. Upon dismissal, all
records of such charges shall be erased pursuant to section 54-142a of
the general statutes. An order of the court denying a motion to dismiss
the charges against a person who has completed such person's period
of probation or terminating the participation of a defendant in such
program shall be a final judgment for purposes of appeal.
(h) Any person who violates any provision of this section shall be
guilty of a class C felony for which two years of the sentence imposed
may not be suspended or reduced by the court, and five thousand
dollars of the fine imposed may not be remitted or reduced by the
court unless the court states on the record its reasons for remitting or
reducing such fine, and any firearm found in the possession of any
person in violation of any provision of this section shall be forfeited.
(i) For purposes of this section, "manufacture" means to fabricate or
construct a firearm including the initial assembly, "firearm" means
firearm, as defined in section 53a-3 of the general statutes, and "law
enforcement agency" means law enforcement agency, as defined in
section 29-1i of the general statutes.
Sec. 3. (NEW) (Effective from passage) Not later than October 1, 2019,
the Department of Emergency Services and Public Protection, in
consultation with the federal Bureau of Alcohol, Tobacco, Firearms
and Explosives as needed, shall develop and maintain a system to Substitute House Bill No. 7219
Public Act No. 19-6 5 of 10
distribute a unique serial number or other mark of identification to any
person requesting such number or mark pursuant to section 2 or 5 of
this act, and provide written notification that such system is
operational by: (1) Posting the notification on the department's Internet
web site, and (2) providing the notification electronically to federally
licensed firearm dealers. The department shall maintain identifying
information of the person requesting the number or mark and of the
firearm or unfinished frame or lower receiver for which each such
number or mark is requested.
Sec. 4. (NEW) (Effective October 1, 2019) (a) No person shall
manufacture any firearm from polymer plastic that, after removal of
grips, stocks and magazines, is not as detectible as the security
exemplar, by walk-through metal detectors calibrated and operated to
detect the security exemplar.
(b) If the court finds that a violation of this section is not of a serious
nature and that the person charged with such violation (1) will
probably not offend in the future, (2) has not previously been
convicted of a violation of this section, and (3) has not previously had a
prosecution under this section suspended pursuant to this subsection,
the court may order suspension of prosecution. The court shall not
order suspension of prosecution unless the accused person has
acknowledged that he or she understands the consequences of the
suspension of prosecution. Any person for whom prosecution is
suspended shall agree to the tolling of any statute of limitations with
respect to such violation and to a waiver of his or her right to a speedy
trial. Such person shall appear in court and shall be released to the
custody of the Court Support Services Division for such period, not
exceeding two years, and under such conditions as the court shall
order. If the person refuses to accept, or, having accepted, violates such
conditions, the court shall terminate the suspension of prosecution and
the case shall be brought to trial. If such person satisfactorily completes Substitute House Bill No. 7219
Public Act No. 19-6 6 of 10
such person's period of probation, he or she may apply for dismissal of
the charges against such person and the court, on finding such
satisfactory completion, shall dismiss such charges. If the person does
not apply for dismissal of the charges against such person after
satisfactorily completing such person's period of probation, the court,
upon receipt of a report submitted by the Court Support Services
Division that the person satisfactorily completed such person's period
of probation, may on its own motion make a finding of such
satisfactory completion and dismiss such charges. Upon dismissal, all
records of such charges shall be erased pursuant to section 54-142a of
the general statutes. An order of the court denying a motion to dismiss
the charges against a person who has completed such person's period
of probation or terminating the participation of a defendant in such
program shall be a final judgment for purposes of appeal.
(c) Any person who violates any provision of this section shall be
guilty of a class C felony for which two years of the sentence imposed
may not be suspended or reduced by the court, and five thousand
dollars of the fine imposed may not be remitted or reduced by the
court unless the court states on the record its reasons for remitting or
reducing such fine, and any firearm found in the possession of any
person in violation of any provision of this section shall be forfeited.
(d) For purposes of this section, "firearm" means firearm, as defined
in section 53a-3 of the general statutes, but does not include the frame
or receiver of any such weapon and "security exemplar" means
"security exemplar" as defined in 18 USC 922(p), as amended from
time to time, and any regulation adopted thereunder.
Sec. 5. (NEW) (Effective from passage) (a) No person shall purchase or
receive or sell, deliver or otherwise transfer an unfinished frame or
lower receiver, except as provided in: (1) Subsections (b) and (c) of this
section; or (2) subsection (d) of this section; or (3) subsection (e) of this
section. Substitute House Bill No. 7219
Public Act No. 19-6 7 of 10
(b) The procedures for the purchase or receipt or sale, delivery or
other transfer of an unfinished frame or lower receiver shall be the
same procedures as apply to the purchase or receipt or sale, delivery or
other transfer of a pistol or revolver under subsections (b) to (e),
inclusive, of section 29-33 of the general statutes, provided such
purchase or receipt or sale, delivery or other transfer of an unfinished
frame or lower receiver is in accordance with the provisions of
subsection (c) of this section.
(c) (1) No person shall sell, deliver or otherwise transfer an
unfinished frame or lower receiver pursuant to subsection (b) of this
section that does not have a unique serial number or other mark of
identification, obtained pursuant to: (A) The serial numbering program
of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, or
(B) subdivisions (2) and (3) of this subsection.
(2) A person may obtain a unique serial number or other mark of
identification for an unfinished frame or lower receiver by providing
to the Department of Emergency Services and Public Protection any
identifying information concerning the unfinished frame or lower
receiver and the owner of such unfinished frame or lower receiver, in a
manner prescribed by the Commissioner of Emergency Services and
Public Protection. Upon receiving a properly submitted request for a
unique serial number or other mark of identification for an unfinished
frame or lower receiver, the Department of Emergency Services and
Public Protection shall determine if such person is prohibited from
purchasing a firearm, and if not, shall issue to such person a unique
serial number or other mark of identification immediately and in no
instance more than (A) three business days after the Department of
Emergency Services and Public Protection receives such request, or (B)
ten business days after the system to distribute a unique serial number
or other mark of identification pursuant to section 3 of this act is
operational, whichever date is later. Substitute House Bill No. 7219
Public Act No. 19-6 8 of 10
(3) Such unique serial number or other mark of identification shall
be engraved upon or permanently affixed to the unfinished frame or
lower receiver in a manner that conforms with the requirements
imposed on licensed importers and licensed manufacturers of firearms
pursuant to 18 USC 923(i), as amended from time to time, and any
regulation adopted thereunder.
(d) The provisions of subsections (a) to (c), inclusive, of this section
shall not apply to the sale, delivery or transfer of any unfinished frame
or lower receiver between (1) a federally licensed firearm
manufacturer and a federally licensed firearm dealer, (2) a federally
licensed firearm importer and a federally licensed firearm dealer, or (3)
federally licensed firearm dealers.
(e) Any person may arrange in advance to deliver and transfer an
unfinished frame or lower receiver to a police department or the
Department of Emergency Services and Public Protection.
(f) On and after October 1, 2019, no person shall possess an
unfinished frame or lower receiver unless such person is eligible to
purchase a firearm under state and federal law.
(g) If the court finds that a violation of this section is not of a serious
nature and that the person charged with such violation (1) will
probably not offend in the future, (2) has not previously been
convicted of a violation of this section, and (3) has not previously had a
prosecution under this section suspended pursuant to this subsection,
the court may order suspension of prosecution. The court shall not
order suspension of prosecution unless the accused person has
acknowledged that he or she understands the consequences of the
suspension of prosecution. Any person for whom prosecution is
suspended shall agree to the tolling of any statute of limitations with
respect to such violation and to a waiver of his or her right to a speedy
trial. Such person shall appear in court and shall be released to the Substitute House Bill No. 7219
Public Act No. 19-6 9 of 10
custody of the Court Support Services Division for such period, not
exceeding two years, and under such conditions as the court shall
order. If the person refuses to accept, or, having accepted, violates such
conditions, the court shall terminate the suspension of prosecution and
the case shall be brought to trial. If such person satisfactorily completes
such person's period of probation, he or she may apply for dismissal of
the charges against such person and the court, on finding such
satisfactory completion, shall dismiss such charges. If the person does
not apply for dismissal of the charges against such person after
satisfactorily completing such person's period of probation, the court,
upon receipt of a report submitted by the Court Support Services
Division that the person satisfactorily completed such person's period
of probation, may on its own motion make a finding of such
satisfactory completion and dismiss such charges. Upon dismissal, all
records of such charges shall be erased pursuant to section 54-142a of
the general statutes. An order of the court denying a motion to dismiss
the charges against a person who has completed such person's period
of probation or terminating the participation of a defendant in such
program shall be a final judgment for purposes of appeal.
(h) Any person who violates any provision of this section shall be
guilty of a class C felony for which two years of the sentence imposed
may not be suspended or reduced by the court, and five thousand
dollars of the fine imposed may not be remitted or reduced by the
court unless the court states on the record its reasons for remitting or
reducing such fine, except that any person who sells, delivers or
otherwise transfers an unfinished frame or lower receiver in violation
of the provisions of this section knowing that such unfinished frame or
lower receiver is stolen or that the manufacturer's number or other
mark of identification on such unfinished frame or lower receiver has
been altered, removed or obliterated, shall be guilty of a class B felony
for which three years of the sentence imposed may not be suspended
or reduced by the court, and ten thousand dollars of the fine imposed Substitute House Bill No. 7219
Public Act No. 19-6 10 of 10
may not be remitted or reduced by the court unless the court states on
the record its reasons for remitting or reducing such fine, and any
unfinished frame or lower receiver found in the possession of any
person in violation of any provision of this section shall be forfeited.
(i) For purposes of this section, "unfinished frame or lower receiver"
means a blank, casting or machined body intended to be turned into
the frame or lower receiver of a firearm, as defined in section 53a-3 of
the general statutes, with additional machining, and which has been
formed or machined to the point where most major machining
operations have been completed to turn the blank, casting or machined
body into a frame or lower receiver of a firearm, even if the fire-control
cavity area of such blank, casting or machined body is still completely
solid and unmachined. An "unfinished frame or lower receiver" is not
a firearm, as defined in 18 USC 921(a), as amended from time to time.