Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06491 Comm Sub / Bill

Filed 04/22/2021

                     
 
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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 Section 29-38 of the general statutes is repealed and the 1 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 
 
 
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(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 
 
 
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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 
 
 
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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 
 
 
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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.