Connecticut 2019 2019 Regular Session

Connecticut House Bill HB07219 Chaptered / Bill

Filed 05/28/2019

                     
 
 
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 Section 29-36 of the general statutes is repealed and the 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 
 
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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.