LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06491-R01- HB.docx 1 of 5 General Assembly Substitute Bill No. 6491 January Session, 2021 AN ACT CONCERNING EL ECTRONIC DEFENSE WEA PONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 29-38 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2022): 2 (a) Any person who knowingly has, in any vehicle owned, operated 3 or occupied by such person, any weapon, any pistol or revolver for 4 which a proper permit has not been issued as provided in section 29-28 5 or any machine gun which has not been registered as required by section 6 53-202, shall be guilty of a class D felony, and the presence of any such 7 weapon, pistol or revolver, or machine gun in any vehicle shall be prima 8 facie evidence of a violation of this section by the owner, operator and 9 each occupant thereof. The word "weapon", as used in this section, 10 means any BB. gun, any blackjack, any metal or brass knuckles, any 11 police baton or nightstick, any dirk knife or switch knife, any knife 12 having an automatic spring release device by which a blade is released 13 from the handle, having a blade of over one and one-half inches in 14 length, any stiletto, any knife the edged portion of the blade of which is 15 four inches or more in length, any martial arts weapon or electronic 16 defense weapon, as defined in section 53a-3, as amended by this act, or 17 any other dangerous or deadly weapon or instrument. 18 Substitute Bill No. 6491 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06491- R01-HB.docx } 2 of 5 (b) The provisions of this section shall not apply to: (1) Any officer 19 charged with the preservation of the public peace while engaged in the 20 pursuit of such officer's official duties; (2) any security guard having a 21 baton or nightstick in a vehicle while engaged in the pursuit of such 22 guard's official duties; (3) any person enrolled in and currently 23 attending a martial arts school, with official verification of such 24 enrollment and attendance, or any certified martial arts instructor, 25 having any such martial arts weapon in a vehicle while traveling to or 26 from such school or to or from an authorized event or competition; (4) 27 any person having a BB. gun in a vehicle provided such weapon is 28 unloaded and stored in the trunk of such vehicle or in a locked container 29 other than the glove compartment or console; (5) any person having a 30 knife, the edged portion of the blade of which is four inches or more in 31 length, in a vehicle if such person is (A) any member of the armed forces 32 of the United States, as defined in section 27-103, or any reserve 33 component thereof, or of the armed forces of the state, as defined in 34 section 27-2, when on duty or going to or from duty, (B) any member of 35 any military organization when on parade or when going to or from any 36 place of assembly, (C) any person while transporting such knife as 37 merchandise or for display at an authorized gun or knife show, (D) any 38 person while lawfully removing such person's household goods or 39 effects from one place to another, or from one residence to another, (E) 40 any person while actually and peaceably engaged in carrying any such 41 knife from such person's place of abode or business to a place or person 42 where or by whom such knife is to be repaired, or while actually and 43 peaceably returning to such person's place of abode or business with 44 such knife after the same has been repaired, (F) any person holding a 45 valid hunting, fishing or trapping license issued pursuant to chapter 490 46 or any saltwater fisherman while having such knife in a vehicle for 47 lawful hunting, fishing or trapping activities, or (G) any person 48 participating in an authorized historic reenactment; (6) any person 49 having an electronic defense weapon, as defined in section 53a-3, as 50 amended by this act, in a vehicle, who is twenty-one years of age or 51 older and possesses a permit or certificate issued under the provisions 52 of section 29-28, 29-36f, 29-37p or 29-38n; or [(6)] (7) any person having 53 Substitute Bill No. 6491 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06491- R01-HB.docx } 3 of 5 a dirk knife or police baton in a vehicle while lawfully moving such 54 person's household goods or effects from one place to another, or from 55 one residence to another. 56 Sec. 2. Section 53-206 of the general statutes is repealed and the 57 following is substituted in lieu thereof (Effective July 1, 2022): 58 (a) Any person who carries upon his or her person any BB. gun, 59 blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, 60 or any knife having an automatic spring release device by which a blade 61 is released from the handle, having a blade of over one and one-half 62 inches in length, or stiletto, or any knife the edged portion of the blade 63 of which is four inches or more in length, any police baton or nightstick, 64 or any martial arts weapon or electronic defense weapon, as defined in 65 section 53a-3, as amended by this act, or any other dangerous or deadly 66 weapon or instrument, shall be guilty of a class E felony. Whenever any 67 person is found guilty of a violation of this section, any weapon or other 68 instrument within the provisions of this section, found upon the body 69 of such person, shall be forfeited to the municipality wherein such 70 person was apprehended, notwithstanding any failure of the judgment 71 of conviction to expressly impose such forfeiture. 72 (b) The provisions of this section shall not apply to (1) any officer 73 charged with the preservation of the public peace while engaged in the 74 pursuit of such officer's official duties; (2) the carrying of a baton or 75 nightstick by a security guard while engaged in the pursuit of such 76 guard's official duties; (3) the carrying of a knife, the edged portion of 77 the blade of which is four inches or more in length, by (A) any member 78 of the armed forces of the United States, as defined in section 27-103, or 79 any reserve component thereof, or of the armed forces of the state, as 80 defined in section 27-2, when on duty or going to or from duty, (B) any 81 member of any military organization when on parade or when going to 82 or from any place of assembly, (C) any person while transporting such 83 knife as merchandise or for display at an authorized gun or knife show, 84 (D) any person who is found with any such knife concealed upon one's 85 person while lawfully removing such person's household goods or 86 Substitute Bill No. 6491 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06491- R01-HB.docx } 4 of 5 effects from one place to another, or from one residence to another, (E) 87 any person while actually and peaceably engaged in carrying any such 88 knife from such person's place of abode or business to a place or person 89 where or by whom such knife is to be repaired, or while actually and 90 peaceably returning to such person's place of abode or business with 91 such knife after the same has been repaired, (F) any person holding a 92 valid hunting, fishing or trapping license issued pursuant to chapter 490 93 or any saltwater fisherman carrying such knife for lawful hunting, 94 fishing or trapping activities, or (G) any person while participating in an 95 authorized historic reenactment; (4) the carrying by any person enrolled 96 in or currently attending, or an instructor at, a martial arts school of a 97 martial arts weapon while in a class or at an authorized event or 98 competition or while transporting such weapon to or from such class, 99 event or competition; (5) the carrying of a BB. gun by any person taking 100 part in a supervised event or competition of the Boy Scouts of America 101 or the Girl Scouts of America or in any other authorized event or 102 competition while taking part in such event or competition or while 103 transporting such weapon to or from such event or competition; (6) the 104 carrying of an electronic defense weapon, as defined in section 53a-3, as 105 amended by this act, by any person who is twenty-one years of age or 106 older and possesses a permit or certificate issued under the provisions 107 of section 29-28, 29-36f, 29-37p or 29-38n; and [(6)] (7) the carrying of a 108 BB. gun by any person upon such person's own property or the property 109 of another person provided such other person has authorized the 110 carrying of such weapon on such property, and the transporting of such 111 weapon to or from such property. 112 Sec. 3. (NEW) (Effective July 1, 2022) Any person who sells or transfers 113 an electronic defense weapon, as defined in section 53a-3 of the general 114 statutes, as amended by this act, to any person who is under twenty-one 115 years of age or does not possess a permit or certificate issued under the 116 provisions of section 29-28, 29-36f, 29-37p or 29-38n of the general 117 statutes shall be guilty of a class D felony. 118 Sec. 4. Subdivision (20) of section 53a-3 of the general statutes is 119 Substitute Bill No. 6491 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06491- R01-HB.docx } 5 of 5 repealed and the following is substituted in lieu thereof (Effective July 1, 120 2022): 121 (20) "Electronic defense weapon" means a weapon which by 122 electronic impulse or current is capable of immobilizing a person 123 temporarily, [but is not capable of inflicting death or serious physical 124 injury,] including a stun gun or other conductive energy device;125 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2022 29-38 Sec. 2 July 1, 2022 53-206 Sec. 3 July 1, 2022 New section Sec. 4 July 1, 2022 53a-3(20) JUD Joint Favorable Subst.