Connecticut 2019 2019 Regular Session

Connecticut House Bill HB07223 Chaptered / Bill

Filed 05/28/2019

                     
 
 
Substitute House Bill No. 7223 
 
Public Act No. 19-7 
 
 
AN ACT CONCERNING TH E STORAGE OF A PISTO L OR 
REVOLVER IN A MOTOR VEHICLE. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective October 1, 2019) (a) (1) No person shall 
store or keep any pistol or revolver in any motor vehicle that is 
unattended unless such pistol or revolver is in the trunk, a locked safe 
or locked glove box. 
(2) For purposes of this subsection, (A) a motor vehicle is 
unattended if no person who is at least twenty-one years of age and 
who is the owner or operator or a passenger of such motor vehicle is 
inside the motor vehicle or is within close enough proximity to the 
motor vehicle to prevent unauthorized access to the motor vehicle, (B) 
"pistol" and "revolver" mean pistol and revolver, each as defined in 
section 29-27 of the general statutes, (C) "motor vehicle" means a motor 
vehicle, as defined in section 14-1 of the general statutes, and (D) 
"trunk" means (i) the fully enclosed and locked main storage or 
luggage compartment of a motor vehicle that is not accessible from the 
passenger compartment, or (ii) a locked toolbox or utility box attached 
to the bed of a pickup truck, as defined in section 14-1 of the general 
statutes. "Trunk" does not include the rear of a pickup truck, except as 
otherwise provided, or of a hatchback, station-wagon-type automobile  Substitute House Bill No. 7223 
 
Public Act No. 19-7 	2 of 4 
 
or sport utility vehicle or any compartment that has a window. 
(b) The provisions of subsection (a) of this section shall not apply to 
any pistol or revolver issued or possessed by: (1) The Department of 
Emergency Services and Public Protection, police departments, the 
Department of Correction, the Division of Criminal Justice, the 
Department of Motor Vehicles, the Department of Energy and 
Environmental Protection, the Department of Revenue Services or the 
military or naval forces of this state or of the United States, (2) a sworn 
member of a law enforcement unit, as defined in section 7-294a of the 
general statutes, including, but not limited to, the Department of 
Correction or the Division of State Police within the Department of 
Emergency Services and Public Protection, a chief inspector or 
inspector in the Division of Criminal Justice, a salaried inspector of 
motor vehicles designated by the Commissioner of Motor Vehicles, a 
conservation officer or special conservation officer appointed by the 
Commissioner of Energy and Environmental Protection pursuant to 
section 26-5 of the general statutes or a constable who is certified by 
the Police Officer Standards and Training Council and appointed by 
the chief executive authority of a town, city or borough to perform 
criminal law enforcement duties, for use by such sworn member, 
inspector, officer or constable in the discharge of such sworn 
member's, inspector's, officer's or constable's official duties or when off 
duty, (3) a member of the military or naval forces of this state or of the 
United States, or (4) a nuclear facility licensed by the United States 
Nuclear Regulatory Commission for the purpose of providing security 
services at such facility, or any contractor or subcontractor of such 
facility for the purpose of providing security services at such facility, 
provided such pistol or revolver issued or possessed by any such 
agency, department, municipality, organization, force or entity or 
person described in subdivisions (1) to (4), inclusive, of this subsection, 
is being kept or stored in accordance with such issuing or possessing 
agency, department, municipality, organization, force or entity or  Substitute House Bill No. 7223 
 
Public Act No. 19-7 	3 of 4 
 
person's policy concerning safe keeping or storage of a pistol or 
revolver in a motor vehicle. 
(c) The court may order suspension of prosecution 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) (A) will probably not offend in 
the future, (B) has not previously been convicted of a violation of this 
section, and (C) has not previously had a prosecution under this 
section suspended pursuant to this subsection, or (2) was charged with 
such violation because of facts or circumstances accurately reported by 
such person to an organized local police department concerning a lost 
or stolen firearm in accordance with the provisions of section 53-202g 
of the general statutes. 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 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  Substitute House Bill No. 7223 
 
Public Act No. 19-7 	4 of 4 
 
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. 
(d) Any person who violates any provision of subsection (a) of this 
section shall be guilty of a class A misdemeanor for a first offense and 
a class D felony for any subsequent offense.