Substitute House Bill No. 6491
Public Act No. 21-31
AN ACT CONCERNING ELECTRONIC DEFENSE WEAPONS.
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 Section 29-38 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Any person who knowingly has, in any vehicle owned, operated
or occupied by such person, any weapon, any pistol or revolver for
which a proper permit has not been issued as provided in section 29-28
or any machine gun which has not been registered as required by section
53-202, shall be guilty of a class D felony, and the presence of any such
weapon, pistol or revolver, or machine gun in any vehicle shall be prima
facie evidence of a violation of this section by the owner, operator and
each occupant thereof. The word "weapon", as used in this section,
means any BB. gun, any blackjack, any metal or brass knuckles, any
police baton or nightstick, any dirk knife or switch knife, any knife
having an automatic spring release device by which a blade is released
from the handle, having a blade of over one and one-half inches in
length, any stiletto, any knife the edged portion of the blade of which is
four inches or more in length, any martial arts weapon or electronic
defense weapon, as defined in section 53a-3, as amended by this act, or
any other dangerous or deadly weapon or instrument. Substitute House Bill No. 6491
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(b) The provisions of this section shall not apply to: (1) Any officer
charged with the preservation of the public peace while engaged in the
pursuit of such officer's official duties; (2) any security guard having a
baton or nightstick in a vehicle while engaged in the pursuit of such
guard's official duties; (3) any person enrolled in and currently
attending a martial arts school, with official verification of such
enrollment and attendance, or any certified martial arts instructor,
having any such martial arts weapon in a vehicle while traveling to or
from such school or to or from an authorized event or competition; (4)
any person having a BB. gun in a vehicle provided such weapon is
unloaded and stored in the trunk of such vehicle or in a locked container
other than the glove compartment or console; (5) any person having a
knife, the edged portion of the blade of which is four inches or more in
length, in a vehicle if such person is (A) any member of the armed forces
of the United States, as defined in section 27-103, or any reserve
component thereof, or of the armed forces of the state, as defined in
section 27-2, when on duty or going to or from duty, (B) any member of
any military organization when on parade or when going to or from any
place of assembly, (C) any person while transporting such knife as
merchandise or for display at an authorized gun or knife show, (D) any
person while lawfully removing such person's household goods or
effects from one place to another, or from one residence to another, (E)
any person while actually and peaceably engaged in carrying any such
knife from such person's place of abode or business to a place or person
where or by whom such knife is to be repaired, or while actually and
peaceably returning to such person's place of abode or business with
such knife after the same has been repaired, (F) any person holding a
valid hunting, fishing or trapping license issued pursuant to chapter 490
or any saltwater fisherman while having such knife in a vehicle for
lawful hunting, fishing or trapping activities, or (G) any person
participating in an authorized historic reenactment; (6) any person
having an electronic defense weapon, as defined in section 53a-3, as
amended by this act, in a vehicle, who is twenty-one years of age or Substitute House Bill No. 6491
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older and possesses a permit or certificate issued under the provisions
of section 29-28, 29-36f, 29-37p or 29-38n; or [(6)] (7) any person having
a dirk knife or police baton in a vehicle while lawfully moving such
person's household goods or effects from one place to another, or from
one residence to another.
Sec. 2. Section 53-206 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Any person who carries upon his or her person any BB. gun,
blackjack, metal or brass knuckles, or any dirk knife, or any switch knife,
or any knife having an automatic spring release device by which a blade
is released from the handle, having a blade of over one and one-half
inches in length, or stiletto, or any knife the edged portion of the blade
of which is four inches or more in length, any police baton or nightstick,
or any martial arts weapon or electronic defense weapon, as defined in
section 53a-3, as amended by this act, or any other dangerous or deadly
weapon or instrument, shall be guilty of a class E felony. Whenever any
person is found guilty of a violation of this section, any weapon or other
instrument within the provisions of this section, found upon the body
of such person, shall be forfeited to the municipality wherein such
person was apprehended, notwithstanding any failure of the judgment
of conviction to expressly impose such forfeiture.
(b) The provisions of this section shall not apply to (1) any officer
charged with the preservation of the public peace while engaged in the
pursuit of such officer's official duties; (2) the carrying of a baton or
nightstick by a security guard while engaged in the pursuit of such
guard's official duties; (3) the carrying of a knife, the edged portion of
the blade of which is four inches or more in length, by (A) any member
of the armed forces of the United States, as defined in section 27-103, or
any reserve component thereof, or of the armed forces of the state, as
defined in section 27-2, when on duty or going to or from duty, (B) any
member of any military organization when on parade or when going to Substitute House Bill No. 6491
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or from any place of assembly, (C) any person while transporting such
knife as merchandise or for display at an authorized gun or knife show,
(D) any person who is found with any such knife concealed upon one's
person while lawfully removing such person's household goods or
effects from one place to another, or from one residence to another, (E)
any person while actually and peaceably engaged in carrying any such
knife from such person's place of abode or business to a place or person
where or by whom such knife is to be repaired, or while actually and
peaceably returning to such person's place of abode or business with
such knife after the same has been repaired, (F) any person holding a
valid hunting, fishing or trapping license issued pursuant to chapter 490
or any saltwater fisherman carrying such knife for lawful hunting,
fishing or trapping activities, or (G) any person while participating in an
authorized historic reenactment; (4) the carrying by any person enrolled
in or currently attending, or an instructor at, a martial arts school of a
martial arts weapon while in a class or at an authorized event or
competition or while transporting such weapon to or from such class,
event or competition; (5) the carrying of a BB. gun by any person taking
part in a supervised event or competition of the Boy Scouts of America
or the Girl Scouts of America or in any other authorized event or
competition while taking part in such event or competition or while
transporting such weapon to or from such event or competition; (6) the
carrying of an electronic defense weapon, as defined in section 53a-3, as
amended by this act, by any person who is twenty-one years of age or
older and possesses a permit or certificate issued under the provisions
of section 29-28, 29-36f, 29-37p or 29-38n; and [(6)] (7) the carrying of a
BB. gun by any person upon such person's own property or the property
of another person provided such other person has authorized the
carrying of such weapon on such property, and the transporting of such
weapon to or from such property.
Sec. 3. (NEW) (Effective July 1, 2021) Any person who sells or transfers
an electronic defense weapon, as defined in section 53a-3 of the general Substitute House Bill No. 6491
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statutes, as amended by this act, to any person who is under twenty-one
years of age or does not possess a permit or certificate issued under the
provisions of section 29-28, 29-36f, 29-37p or 29-38n of the general
statutes shall be guilty of a class D felony.
Sec. 4. Subdivision (20) of section 53a-3 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(20) "Electronic defense weapon" means a weapon which by
electronic impulse or current is capable of immobilizing a person
temporarily, [but is not capable of inflicting death or serious physical
injury,] including a stun gun or other conductive energy device;