Connecticut 2019 Regular Session

Connecticut House Bill HB07219 Compare Versions

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	7	+	General Assembly Substitute Bill No. 7219
	8	+	January Session, 2019
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4		-	Substitute House Bill No. 7219
5		-
6		-	Public Act No. 19-6
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8	13
9	14		AN ACT CONCERNING GH OST GUNS.
10	15		Be it enacted by the Senate and House of Representatives in General
11	16		Assembly convened:
12	17
13		-	Section 1. Section 29-36 of the general statutes is repealed and the
14		-	following is substituted in lieu thereof (Effective October 1, 2019):
15		-	(a) No person shall remove, deface, alter or obliterate the name of
16		-	any maker or model or any maker's number, unique serial number or
17		-	other mark of identification on any firearm as defined in section 53a-3.
18		-	The possession of any firearm upon which any identifying mark,
19		-	number or name has been removed, defaced, altered or obliterated
20		-	shall be prima facie evidence that the person owning or in possession
21		-	of such firearm has removed, defaced, altered or obliterated the same.
22		-	(b) Any person who violates any provision of this section shall be
23		-	guilty of a class C felony for which two years of the sentence imposed
24		-	may not be suspended or reduced by the court, and five thousand
25		-	dollars of the fine imposed may not be remitted or reduced by the
26		-	court unless the court states on the record its reasons for remitting or
27		-	reducing such fine, and any firearm found in the possession of any
28		-	person in violation of said provision shall be forfeited.
29		-	Sec. 2. (NEW) (Effective October 1, 2019) (a) No person shall complete Substitute House Bill No. 7219
	18	+	Section 1. Section 29-36 of the general statutes is repealed and the 1
	19	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	20	+	(a) No person shall complete the manufacture of a firearm without 3
	21	+	(1) obtaining a unique serial number or other mark of identification 4
	22	+	from the Department of Emergency Services and Public Protection 5
	23	+	pursuant to section 2 of this act, and (2) engraving upon or 6
	24	+	permanently affixing to the firearm such serial number or other mark 7
	25	+	in a manner that conforms with the requirements imposed on licensed 8
	26	+	importers and licensed manufacturers of firearms pursuant to 18 USC 9
	27	+	923(i), as amended from time to time, and any regulation adopted 10
	28	+	thereunder. 11
	29	+	(b) No individual shall manufacture any firearm from polymer 12
	30	+	plastic that, after removal of grips, stocks and magazines, is not as 13
	31	+	detectible as the Security Exemplar, by walk-through metal detectors 14
	32	+	calibrated and operated to detect the Security Exemplar. For purposes 15
	33	+	of this subsection, "firearm" does not include the frame or receiver of 16
	34	+	any such weapon and "Security Exemplar" means an object that is (1) 17
	35	+	constructed of 3.7 ounces of material type 17–4 PH stainless steel, in a 18
	36	+	shape resembling a handgun, or such lesser amount of material which 19 Substitute Bill No. 7219
30	37
31		-	Public Act No. 19-6 2 of 10
32	38
33		-	the manufacture of a firearm without subsequently (1) obtaining a
34		-	unique serial number or other mark of identification from the
35		-	Department of Emergency Services and Public Protection pursuant to
36		-	subsection (b) of this section, and (2) engraving upon or permanently
37		-	affixing to the firearm such serial number or other mark in a manner
38		-	that conforms with the requirements imposed on licensed importers
39		-	and licensed manufacturers of firearms pursuant to 18 USC 923(i), as
40		-	amended from time to time, and any regulation adopted thereunder.
41		-	(b) Not later than thirty days after a person completes the
42		-	manufacture of a firearm or ninety days after the Department of
43		-	Emergency Services and Public Protection provides notice in
44		-	accordance with section 3 of this act that the system to distribute a
45		-	unique serial number or other mark of identification pursuant to this
46		-	section is operational, whichever date is later, such person shall notify
47		-	the department of such manufacture and provide any identifying
48		-	information to the department concerning the firearm and the owner
49		-	of such firearm, in a manner prescribed by the Commissioner of
50		-	Emergency Services and Public Protection. Upon receiving a properly
51		-	submitted request for a unique serial number or other mark of
52		-	identification from a person who completes manufacture of a firearm,
53		-	the department shall determine if such person is prohibited from
54		-	purchasing a firearm and if not, shall issue to such person a unique
55		-	serial number or other mark of identification immediately and in no
56		-	instance more than three business days after the department receives
57		-	such request. Issuance of a unique serial number or other mark of
58		-	identification pursuant to this subsection shall not be evidence that the
59		-	firearm is otherwise lawfully possessed.
60		-	(c) The provisions of subsections (a) and (b) of this section shall not
61		-	apply to the manufacture of a firearm manufactured using an
62		-	unfinished frame or lower receiver on which a serial number or other
63		-	mark has been engraved or permanently affixed pursuant to Substitute House Bill No. 7219
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65		-	Public Act No. 19-6 3 of 10
	43	+	the Attorney General of the United States determines is detectable in 20
	44	+	view of advances in state-of-the-art developments in weapons 21
	45	+	detection technology, and (2) suitable for testing and calibrating metal 22
	46	+	detectors. 23
	47	+	(c) Not later than thirty days after a person completes manufacture 24
	48	+	of a firearm pursuant to this section, such person shall notify the 25
	49	+	Department of Emergency Services and Public Protection of such 26
	50	+	manufacture and provide any identifying information to the 27
	51	+	department concerning the firearm and the owner of such firearm, in a 28
	52	+	manner prescribed by the Commissioner of Emergency Services and 29
	53	+	Public Protection. 30
	54	+	[(a)] (d) No person shall remove, deface, alter or obliterate the name 31
	55	+	of any maker or model or any maker's number, unique serial number 32
	56	+	or other mark of identification on any firearm. [as defined in section 33
	57	+	53a-3.] The possession of any firearm upon which any identifying 34
	58	+	mark, number or name has been removed, defaced, altered or 35
	59	+	obliterated shall be prima facie evidence that the person owning or in 36
	60	+	possession of such firearm has removed, defaced, altered or obliterated 37
	61	+	the same. 38
	62	+	(e) No person shall transfer to another person any firearm 39
	63	+	manufactured as described in this section, except as provided in 40
	64	+	subdivision (3) of subsection (f) of this section. 41
	65	+	(f) The provisions of this section shall not apply to (1) manufacture 42
	66	+	of firearms by a federally licensed firearm manufacturer, (2) any 43
	67	+	antique firearm, as defined in 18 USC 921, as amended from time to 44
	68	+	time, or (3) delivery or transfer of a firearm to a law enforcement 45
	69	+	agency. Any firearm delivered or transferred to a law enforcement 46
	70	+	agency pursuant to this subsection shall be destroyed by the law 47
	71	+	enforcement agency. 48
	72	+	(g) No person shall facilitate, aid or abet the manufacture of a 49
	73	+	firearm (1) by a person or for a person who is otherwise prohibited by 50 Substitute Bill No. 7219
66	74
67		-	subsection (c) of section 5 of this act.
68		-	(d) No person shall transfer to another person any firearm
69		-	manufactured in violation of this section.
70		-	(e) The provisions of this section shall not apply to (1) the
71		-	manufacture of firearms by a federally licensed firearm manufacturer,
72		-	(2) (A) any antique firearm, as defined in 18 USC 921, as amended
73		-	from time to time, or (B) any firearm manufactured prior to the
74		-	effective date of this section, provided such firearm is otherwise
75		-	lawfully possessed, or (3) delivery or transfer of a firearm to a law
76		-	enforcement agency.
77		-	(f) No person shall facilitate, aid or abet the manufacture of a
78		-	firearm (1) by a person or for a person who is otherwise prohibited by
79		-	law from purchasing or possessing a firearm, or (2) that a person is
80		-	otherwise prohibited by law from purchasing or possessing.
81		-	(g) If the court finds that a violation of this section is not of a serious
82		-	nature and that the person charged with such violation (1) will
83		-	probably not offend in the future, (2) has not previously been
84		-	convicted of a violation of this section, and (3) has not previously had a
85		-	prosecution under this section suspended pursuant to this subsection,
86		-	the court may order suspension of prosecution. The court shall not
87		-	order suspension of prosecution unless the accused person has
88		-	acknowledged that he or she understands the consequences of the
89		-	suspension of prosecution. Any person for whom prosecution is
90		-	suspended shall agree to the tolling of any statute of limitations with
91		-	respect to such violation and to a waiver of his or her right to a speedy
92		-	trial. Such person shall appear in court and shall be released to the
93		-	custody of the Court Support Services Division for such period, not
94		-	exceeding two years, and under such conditions as the court shall
95		-	order. If the person refuses to accept, or, having accepted, violates such
96		-	conditions, the court shall terminate the suspension of prosecution and Substitute House Bill No. 7219
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98		-	Public Act No. 19-6 4 of 10
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100		-	the case shall be brought to trial. If such person satisfactorily completes
101		-	such person's period of probation, he or she may apply for dismissal of
102		-	the charges against such person and the court, on finding such
103		-	satisfactory completion, shall dismiss such charges. If the person does
104		-	not apply for dismissal of the charges against such person after
105		-	satisfactorily completing such person's period of probation, the court,
106		-	upon receipt of a report submitted by the Court Support Services
107		-	Division that the person satisfactorily completed such person's period
108		-	of probation, may on its own motion make a finding of such
109		-	satisfactory completion and dismiss such charges. Upon dismissal, all
110		-	records of such charges shall be erased pursuant to section 54-142a of
111		-	the general statutes. An order of the court denying a motion to dismiss
112		-	the charges against a person who has completed such person's period
113		-	of probation or terminating the participation of a defendant in such
114		-	program shall be a final judgment for purposes of appeal.
115		-	(h) Any person who violates any provision of this section shall be
116		-	guilty of a class C felony for which two years of the sentence imposed
117		-	may not be suspended or reduced by the court, and five thousand
118		-	dollars of the fine imposed may not be remitted or reduced by the
119		-	court unless the court states on the record its reasons for remitting or
120		-	reducing such fine, and any firearm found in the possession of any
121		-	person in violation of any provision of this section shall be forfeited.
122		-	(i) For purposes of this section, "manufacture" means to fabricate or
123		-	construct a firearm including the initial assembly, "firearm" means
124		-	firearm, as defined in section 53a-3 of the general statutes, and "law
125		-	enforcement agency" means law enforcement agency, as defined in
126		-	section 29-1i of the general statutes.
127		-	Sec. 3. (NEW) (Effective from passage) Not later than October 1, 2019,
128		-	the Department of Emergency Services and Public Protection, in
129		-	consultation with the federal Bureau of Alcohol, Tobacco, Firearms
130		-	and Explosives as needed, shall develop and maintain a system to Substitute House Bill No. 7219
	80	+	law from purchasing or possessing a firearm, or (2) that a person is 51
	81	+	otherwise prohibited by law from purchasing or possessing. 52
	82	+	[(b)] (h) Any person who violates any provision of this section shall 53
	83	+	be guilty of a class C felony for which two years of the sentence 54
	84	+	imposed may not be suspended or reduced by the court, and five 55
	85	+	thousand dollars of the fine imposed may not be remitted or reduced 56
	86	+	by the court unless the court states on the record its reasons for 57
	87	+	remitting or reducing such fine, and any firearm found in the 58
	88	+	possession of any person in violation of said provision shall be 59
	89	+	forfeited. 60
	90	+	(i) For purposes of this section, "manufacture " means to fabricate or 61
	91	+	construct a firearm including the initial assembly, "firearm" means 62
	92	+	firearm, as defined in section 53a-3, and "law enforcement agency" 63
	93	+	means law enforcement agency, as defined in section 29-1i. 64
	94	+	Sec. 2. (NEW) (Effective from passage) Not later than October 1, 2019, 65
	95	+	the Department of Emergency Services and Public Protection shall 66
	96	+	develop and maintain a system to distribute a unique serial number or 67
	97	+	other mark of identification to any individual requesting such number 68
	98	+	or mark in accordance with section 29-36 of the general statutes, as 69
	99	+	amended by this act. The department shall maintain identifying 70
	100	+	information of the individual requesting the number or mark and of 71
	101	+	the firearm for which each such number or mark is requested. 72
	102	+	This act shall take effect as follows and shall amend the following
	103	+	sections:
131	104
132		-	Public Act No. 19-6 5 of 10
	105	+	Section 1 October 1, 2019 29-36
	106	+	Sec. 2 from passage New section
133	107
134		-	distribute a unique serial number or other mark of identification to any
135		-	person requesting such number or mark pursuant to section 2 or 5 of
136		-	this act, and provide written notification that such system is
137		-	operational by: (1) Posting the notification on the department's Internet
138		-	web site, and (2) providing the notification electronically to federally
139		-	licensed firearm dealers. The department shall maintain identifying
140		-	information of the person requesting the number or mark and of the
141		-	firearm or unfinished frame or lower receiver for which each such
142		-	number or mark is requested.
143		-	Sec. 4. (NEW) (Effective October 1, 2019) (a) No person shall
144		-	manufacture any firearm from polymer plastic that, after removal of
145		-	grips, stocks and magazines, is not as detectible as the security
146		-	exemplar, by walk-through metal detectors calibrated and operated to
147		-	detect the security exemplar.
148		-	(b) If the court finds that a violation of this section is not of a serious
149		-	nature and that the person charged with such violation (1) will
150		-	probably not offend in the future, (2) has not previously been
151		-	convicted of a violation of this section, and (3) has not previously had a
152		-	prosecution under this section suspended pursuant to this subsection,
153		-	the court may order suspension of prosecution. The court shall not
154		-	order suspension of prosecution unless the accused person has
155		-	acknowledged that he or she understands the consequences of the
156		-	suspension of prosecution. Any person for whom prosecution is
157		-	suspended shall agree to the tolling of any statute of limitations with
158		-	respect to such violation and to a waiver of his or her right to a speedy
159		-	trial. Such person shall appear in court and shall be released to the
160		-	custody of the Court Support Services Division for such period, not
161		-	exceeding two years, and under such conditions as the court shall
162		-	order. If the person refuses to accept, or, having accepted, violates such
163		-	conditions, the court shall terminate the suspension of prosecution and
164		-	the case shall be brought to trial. If such person satisfactorily completes Substitute House Bill No. 7219
	108	+	Statement of Legislative Commissioners:
	109	+	In Section 1(b), "Attorney General" was changed to "Attorney General
	110	+	of the United States" for clarity and to conform with 18 USC 922(p).
165	111
166		-	~~Public Act~~ No. ~~19-6 6 of 10~~
	112	+	JUD Joint Favorable Subst. Substitute Bill No. 7219
167	113
168		-	such person's period of probation, he or she may apply for dismissal of
169		-	the charges against such person and the court, on finding such
170		-	satisfactory completion, shall dismiss such charges. If the person does
171		-	not apply for dismissal of the charges against such person after
172		-	satisfactorily completing such person's period of probation, the court,
173		-	upon receipt of a report submitted by the Court Support Services
174		-	Division that the person satisfactorily completed such person's period
175		-	of probation, may on its own motion make a finding of such
176		-	satisfactory completion and dismiss such charges. Upon dismissal, all
177		-	records of such charges shall be erased pursuant to section 54-142a of
178		-	the general statutes. An order of the court denying a motion to dismiss
179		-	the charges against a person who has completed such person's period
180		-	of probation or terminating the participation of a defendant in such
181		-	program shall be a final judgment for purposes of appeal.
182		-	(c) Any person who violates any provision of this section shall be
183		-	guilty of a class C felony for which two years of the sentence imposed
184		-	may not be suspended or reduced by the court, and five thousand
185		-	dollars of the fine imposed may not be remitted or reduced by the
186		-	court unless the court states on the record its reasons for remitting or
187		-	reducing such fine, and any firearm found in the possession of any
188		-	person in violation of any provision of this section shall be forfeited.
189		-	(d) For purposes of this section, "firearm" means firearm, as defined
190		-	in section 53a-3 of the general statutes, but does not include the frame
191		-	or receiver of any such weapon and "security exemplar" means
192		-	"security exemplar" as defined in 18 USC 922(p), as amended from
193		-	time to time, and any regulation adopted thereunder.
194		-	Sec. 5. (NEW) (Effective from passage) (a) No person shall purchase or
195		-	receive or sell, deliver or otherwise transfer an unfinished frame or
196		-	lower receiver, except as provided in: (1) Subsections (b) and (c) of this
197		-	section; or (2) subsection (d) of this section; or (3) subsection (e) of this
198		-	section. Substitute House Bill No. 7219
199	114
200		-	Public Act No. 19-6 7 of 10
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202		-	(b) The procedures for the purchase or receipt or sale, delivery or
203		-	other transfer of an unfinished frame or lower receiver shall be the
204		-	same procedures as apply to the purchase or receipt or sale, delivery or
205		-	other transfer of a pistol or revolver under subsections (b) to (e),
206		-	inclusive, of section 29-33 of the general statutes, provided such
207		-	purchase or receipt or sale, delivery or other transfer of an unfinished
208		-	frame or lower receiver is in accordance with the provisions of
209		-	subsection (c) of this section.
210		-	(c) (1) No person shall sell, deliver or otherwise transfer an
211		-	unfinished frame or lower receiver pursuant to subsection (b) of this
212		-	section that does not have a unique serial number or other mark of
213		-	identification, obtained pursuant to: (A) The serial numbering program
214		-	of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, or
215		-	(B) subdivisions (2) and (3) of this subsection.
216		-	(2) A person may obtain a unique serial number or other mark of
217		-	identification for an unfinished frame or lower receiver by providing
218		-	to the Department of Emergency Services and Public Protection any
219		-	identifying information concerning the unfinished frame or lower
220		-	receiver and the owner of such unfinished frame or lower receiver, in a
221		-	manner prescribed by the Commissioner of Emergency Services and
222		-	Public Protection. Upon receiving a properly submitted request for a
223		-	unique serial number or other mark of identification for an unfinished
224		-	frame or lower receiver, the Department of Emergency Services and
225		-	Public Protection shall determine if such person is prohibited from
226		-	purchasing a firearm, and if not, shall issue to such person a unique
227		-	serial number or other mark of identification immediately and in no
228		-	instance more than (A) three business days after the Department of
229		-	Emergency Services and Public Protection receives such request, or (B)
230		-	ten business days after the system to distribute a unique serial number
231		-	or other mark of identification pursuant to section 3 of this act is
232		-	operational, whichever date is later. Substitute House Bill No. 7219
233		-
234		-	Public Act No. 19-6 8 of 10
235		-
236		-	(3) Such unique serial number or other mark of identification shall
237		-	be engraved upon or permanently affixed to the unfinished frame or
238		-	lower receiver in a manner that conforms with the requirements
239		-	imposed on licensed importers and licensed manufacturers of firearms
240		-	pursuant to 18 USC 923(i), as amended from time to time, and any
241		-	regulation adopted thereunder.
242		-	(d) The provisions of subsections (a) to (c), inclusive, of this section
243		-	shall not apply to the sale, delivery or transfer of any unfinished frame
244		-	or lower receiver between (1) a federally licensed firearm
245		-	manufacturer and a federally licensed firearm dealer, (2) a federally
246		-	licensed firearm importer and a federally licensed firearm dealer, or (3)
247		-	federally licensed firearm dealers.
248		-	(e) Any person may arrange in advance to deliver and transfer an
249		-	unfinished frame or lower receiver to a police department or the
250		-	Department of Emergency Services and Public Protection.
251		-	(f) On and after October 1, 2019, no person shall possess an
252		-	unfinished frame or lower receiver unless such person is eligible to
253		-	purchase a firearm under state and federal law.
254		-	(g) If the court finds that a violation of this section is not of a serious
255		-	nature and that the person charged with such violation (1) will
256		-	probably not offend in the future, (2) has not previously been
257		-	convicted of a violation of this section, and (3) has not previously had a
258		-	prosecution under this section suspended pursuant to this subsection,
259		-	the court may order suspension of prosecution. The court shall not
260		-	order suspension of prosecution unless the accused person has
261		-	acknowledged that he or she understands the consequences of the
262		-	suspension of prosecution. Any person for whom prosecution is
263		-	suspended shall agree to the tolling of any statute of limitations with
264		-	respect to such violation and to a waiver of his or her right to a speedy
265		-	trial. Such person shall appear in court and shall be released to the Substitute House Bill No. 7219
266		-
267		-	Public Act No. 19-6 9 of 10
268		-
269		-	custody of the Court Support Services Division for such period, not
270		-	exceeding two years, and under such conditions as the court shall
271		-	order. If the person refuses to accept, or, having accepted, violates such
272		-	conditions, the court shall terminate the suspension of prosecution and
273		-	the case shall be brought to trial. If such person satisfactorily completes
274		-	such person's period of probation, he or she may apply for dismissal of
275		-	the charges against such person and the court, on finding such
276		-	satisfactory completion, shall dismiss such charges. If the person does
277		-	not apply for dismissal of the charges against such person after
278		-	satisfactorily completing such person's period of probation, the court,
279		-	upon receipt of a report submitted by the Court Support Services
280		-	Division that the person satisfactorily completed such person's period
281		-	of probation, may on its own motion make a finding of such
282		-	satisfactory completion and dismiss such charges. Upon dismissal, all
283		-	records of such charges shall be erased pursuant to section 54-142a of
284		-	the general statutes. An order of the court denying a motion to dismiss
285		-	the charges against a person who has completed such person's period
286		-	of probation or terminating the participation of a defendant in such
287		-	program shall be a final judgment for purposes of appeal.
288		-	(h) Any person who violates any provision of this section shall be
289		-	guilty of a class C felony for which two years of the sentence imposed
290		-	may not be suspended or reduced by the court, and five thousand
291		-	dollars of the fine imposed may not be remitted or reduced by the
292		-	court unless the court states on the record its reasons for remitting or
293		-	reducing such fine, except that any person who sells, delivers or
294		-	otherwise transfers an unfinished frame or lower receiver in violation
295		-	of the provisions of this section knowing that such unfinished frame or
296		-	lower receiver is stolen or that the manufacturer's number or other
297		-	mark of identification on such unfinished frame or lower receiver has
298		-	been altered, removed or obliterated, shall be guilty of a class B felony
299		-	for which three years of the sentence imposed may not be suspended
300		-	or reduced by the court, and ten thousand dollars of the fine imposed Substitute House Bill No. 7219
301		-
302		-	Public Act No. 19-6 10 of 10
303		-
304		-	may not be remitted or reduced by the court unless the court states on
305		-	the record its reasons for remitting or reducing such fine, and any
306		-	unfinished frame or lower receiver found in the possession of any
307		-	person in violation of any provision of this section shall be forfeited.
308		-	(i) For purposes of this section, "unfinished frame or lower receiver"
309		-	means a blank, casting or machined body intended to be turned into
310		-	the frame or lower receiver of a firearm, as defined in section 53a-3 of
311		-	the general statutes, with additional machining, and which has been
312		-	formed or machined to the point where most major machining
313		-	operations have been completed to turn the blank, casting or machined
314		-	body into a frame or lower receiver of a firearm, even if the fire-control
315		-	cavity area of such blank, casting or machined body is still completely
316		-	solid and unmachined. An "unfinished frame or lower receiver" is not
317		-	a firearm, as defined in 18 USC 921(a), as amended from time to time.
318	119