Connecticut 2021 Regular Session

Connecticut House Bill HB06491 Compare Versions

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	7	+	General Assembly Substitute Bill No. 6491
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6491
5		-
6		-	Public Act No. 21-31
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8	13
9	14		AN ACT CONCERNING EL ECTRONIC DEFENSE WEA PONS.
10	15		Be it enacted by the Senate and House of Representatives in General
11	16		Assembly convened:
12	17
13		-	Section 1. Section 29-38 of the general statutes is repealed and the
14		-	following is substituted in lieu thereof (Effective July 1, ~~2021~~):
15		-	(a) Any person who knowingly has, in any vehicle owned, operated
16		-	or occupied by such person, any weapon, any pistol or revolver for
17		-	which a proper permit has not been issued as provided in section 29-28
18		-	or any machine gun which has not been registered as required by section
19		-	53-202, shall be guilty of a class D felony, and the presence of any such
20		-	weapon, pistol or revolver, or machine gun in any vehicle shall be prima
21		-	facie evidence of a violation of this section by the owner, operator and
22		-	each occupant thereof. The word "weapon", as used in this section,
23		-	means any BB. gun, any blackjack, any metal or brass knuckles, any
24		-	police baton or nightstick, any dirk knife or switch knife, any knife
25		-	having an automatic spring release device by which a blade is released
26		-	from the handle, having a blade of over one and one-half inches in
27		-	length, any stiletto, any knife the edged portion of the blade of which is
28		-	four inches or more in length, any martial arts weapon or electronic
29		-	defense weapon, as defined in section 53a-3, as amended by this act, or
30		-	any other dangerous or deadly weapon or instrument. Substitute ~~House~~ Bill No. 6491
	18	+	Section 1. Section 29-38 of the general statutes is repealed and the 1
	19	+	following is substituted in lieu thereof (Effective July 1, 2022): 2
	20	+	(a) Any person who knowingly has, in any vehicle owned, operated 3
	21	+	or occupied by such person, any weapon, any pistol or revolver for 4
	22	+	which a proper permit has not been issued as provided in section 29-28 5
	23	+	or any machine gun which has not been registered as required by section 6
	24	+	53-202, shall be guilty of a class D felony, and the presence of any such 7
	25	+	weapon, pistol or revolver, or machine gun in any vehicle shall be prima 8
	26	+	facie evidence of a violation of this section by the owner, operator and 9
	27	+	each occupant thereof. The word "weapon", as used in this section, 10
	28	+	means any BB. gun, any blackjack, any metal or brass knuckles, any 11
	29	+	police baton or nightstick, any dirk knife or switch knife, any knife 12
	30	+	having an automatic spring release device by which a blade is released 13
	31	+	from the handle, having a blade of over one and one-half inches in 14
	32	+	length, any stiletto, any knife the edged portion of the blade of which is 15
	33	+	four inches or more in length, any martial arts weapon or electronic 16
	34	+	defense weapon, as defined in section 53a-3, as amended by this act, or 17
	35	+	any other dangerous or deadly weapon or instrument. 18 Substitute Bill No. 6491
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32		-	Public Act No. 21-31 2 of 5
33	37
34		-	(b) The provisions of this section shall not apply to: (1) Any officer
35		-	charged with the preservation of the public peace while engaged in the
36		-	pursuit of such officer's official duties; (2) any security guard having a
37		-	baton or nightstick in a vehicle while engaged in the pursuit of such
38		-	guard's official duties; (3) any person enrolled in and currently
39		-	attending a martial arts school, with official verification of such
40		-	enrollment and attendance, or any certified martial arts instructor,
41		-	having any such martial arts weapon in a vehicle while traveling to or
42		-	from such school or to or from an authorized event or competition; (4)
43		-	any person having a BB. gun in a vehicle provided such weapon is
44		-	unloaded and stored in the trunk of such vehicle or in a locked container
45		-	other than the glove compartment or console; (5) any person having a
46		-	knife, the edged portion of the blade of which is four inches or more in
47		-	length, in a vehicle if such person is (A) any member of the armed forces
48		-	of the United States, as defined in section 27-103, or any reserve
49		-	component thereof, or of the armed forces of the state, as defined in
50		-	section 27-2, when on duty or going to or from duty, (B) any member of
51		-	any military organization when on parade or when going to or from any
52		-	place of assembly, (C) any person while transporting such knife as
53		-	merchandise or for display at an authorized gun or knife show, (D) any
54		-	person while lawfully removing such person's household goods or
55		-	effects from one place to another, or from one residence to another, (E)
56		-	any person while actually and peaceably engaged in carrying any such
57		-	knife from such person's place of abode or business to a place or person
58		-	where or by whom such knife is to be repaired, or while actually and
59		-	peaceably returning to such person's place of abode or business with
60		-	such knife after the same has been repaired, (F) any person holding a
61		-	valid hunting, fishing or trapping license issued pursuant to chapter 490
62		-	or any saltwater fisherman while having such knife in a vehicle for
63		-	lawful hunting, fishing or trapping activities, or (G) any person
64		-	participating in an authorized historic reenactment; (6) any person
65		-	having an electronic defense weapon, as defined in section 53a-3, as
66		-	amended by this act, in a vehicle, who is twenty-one years of age or Substitute House Bill No. 6491
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68		-	Public Act No. 21-31 3 of 5
	42	+	(b) The provisions of this section shall not apply to: (1) Any officer 19
	43	+	charged with the preservation of the public peace while engaged in the 20
	44	+	pursuit of such officer's official duties; (2) any security guard having a 21
	45	+	baton or nightstick in a vehicle while engaged in the pursuit of such 22
	46	+	guard's official duties; (3) any person enrolled in and currently 23
	47	+	attending a martial arts school, with official verification of such 24
	48	+	enrollment and attendance, or any certified martial arts instructor, 25
	49	+	having any such martial arts weapon in a vehicle while traveling to or 26
	50	+	from such school or to or from an authorized event or competition; (4) 27
	51	+	any person having a BB. gun in a vehicle provided such weapon is 28
	52	+	unloaded and stored in the trunk of such vehicle or in a locked container 29
	53	+	other than the glove compartment or console; (5) any person having a 30
	54	+	knife, the edged portion of the blade of which is four inches or more in 31
	55	+	length, in a vehicle if such person is (A) any member of the armed forces 32
	56	+	of the United States, as defined in section 27-103, or any reserve 33
	57	+	component thereof, or of the armed forces of the state, as defined in 34
	58	+	section 27-2, when on duty or going to or from duty, (B) any member of 35
	59	+	any military organization when on parade or when going to or from any 36
	60	+	place of assembly, (C) any person while transporting such knife as 37
	61	+	merchandise or for display at an authorized gun or knife show, (D) any 38
	62	+	person while lawfully removing such person's household goods or 39
	63	+	effects from one place to another, or from one residence to another, (E) 40
	64	+	any person while actually and peaceably engaged in carrying any such 41
	65	+	knife from such person's place of abode or business to a place or person 42
	66	+	where or by whom such knife is to be repaired, or while actually and 43
	67	+	peaceably returning to such person's place of abode or business with 44
	68	+	such knife after the same has been repaired, (F) any person holding a 45
	69	+	valid hunting, fishing or trapping license issued pursuant to chapter 490 46
	70	+	or any saltwater fisherman while having such knife in a vehicle for 47
	71	+	lawful hunting, fishing or trapping activities, or (G) any person 48
	72	+	participating in an authorized historic reenactment; (6) any person 49
	73	+	having an electronic defense weapon, as defined in section 53a-3, as 50
	74	+	amended by this act, in a vehicle, who is twenty-one years of age or 51
	75	+	older and possesses a permit or certificate issued under the provisions 52
	76	+	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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70		-	older and possesses a permit or certificate issued under the provisions
71		-	of section 29-28, 29-36f, 29-37p or 29-38n; or [(6)] (7) any person having
72		-	a dirk knife or police baton in a vehicle while lawfully moving such
73		-	person's household goods or effects from one place to another, or from
74		-	one residence to another.
75		-	Sec. 2. Section 53-206 of the general statutes is repealed and the
76		-	following is substituted in lieu thereof (Effective July 1, 2021):
77		-	(a) Any person who carries upon his or her person any BB. gun,
78		-	blackjack, metal or brass knuckles, or any dirk knife, or any switch knife,
79		-	or any knife having an automatic spring release device by which a blade
80		-	is released from the handle, having a blade of over one and one-half
81		-	inches in length, or stiletto, or any knife the edged portion of the blade
82		-	of which is four inches or more in length, any police baton or nightstick,
83		-	or any martial arts weapon or electronic defense weapon, as defined in
84		-	section 53a-3, as amended by this act, or any other dangerous or deadly
85		-	weapon or instrument, shall be guilty of a class E felony. Whenever any
86		-	person is found guilty of a violation of this section, any weapon or other
87		-	instrument within the provisions of this section, found upon the body
88		-	of such person, shall be forfeited to the municipality wherein such
89		-	person was apprehended, notwithstanding any failure of the judgment
90		-	of conviction to expressly impose such forfeiture.
91		-	(b) The provisions of this section shall not apply to (1) any officer
92		-	charged with the preservation of the public peace while engaged in the
93		-	pursuit of such officer's official duties; (2) the carrying of a baton or
94		-	nightstick by a security guard while engaged in the pursuit of such
95		-	guard's official duties; (3) the carrying of a knife, the edged portion of
96		-	the blade of which is four inches or more in length, by (A) any member
97		-	of the armed forces of the United States, as defined in section 27-103, or
98		-	any reserve component thereof, or of the armed forces of the state, as
99		-	defined in section 27-2, when on duty or going to or from duty, (B) any
100		-	member of any military organization when on parade or when going to Substitute House Bill No. 6491
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104		-	or from any place of assembly, (C) any person while transporting such
105		-	knife as merchandise or for display at an authorized gun or knife show,
106		-	(D) any person who is found with any such knife concealed upon one's
107		-	person while lawfully removing such person's household goods or
108		-	effects from one place to another, or from one residence to another, (E)
109		-	any person while actually and peaceably engaged in carrying any such
110		-	knife from such person's place of abode or business to a place or person
111		-	where or by whom such knife is to be repaired, or while actually and
112		-	peaceably returning to such person's place of abode or business with
113		-	such knife after the same has been repaired, (F) any person holding a
114		-	valid hunting, fishing or trapping license issued pursuant to chapter 490
115		-	or any saltwater fisherman carrying such knife for lawful hunting,
116		-	fishing or trapping activities, or (G) any person while participating in an
117		-	authorized historic reenactment; (4) the carrying by any person enrolled
118		-	in or currently attending, or an instructor at, a martial arts school of a
119		-	martial arts weapon while in a class or at an authorized event or
120		-	competition or while transporting such weapon to or from such class,
121		-	event or competition; (5) the carrying of a BB. gun by any person taking
122		-	part in a supervised event or competition of the Boy Scouts of America
123		-	or the Girl Scouts of America or in any other authorized event or
124		-	competition while taking part in such event or competition or while
125		-	transporting such weapon to or from such event or competition; (6) the
126		-	carrying of an electronic defense weapon, as defined in section 53a-3, as
127		-	amended by this act, by any person who is twenty-one years of age or
128		-	older and possesses a permit or certificate issued under the provisions
129		-	of section 29-28, 29-36f, 29-37p or 29-38n; and [(6)] (7) the carrying of a
130		-	BB. gun by any person upon such person's own property or the property
131		-	of another person provided such other person has authorized the
132		-	carrying of such weapon on such property, and the transporting of such
133		-	weapon to or from such property.
134		-	Sec. 3. (NEW) (Effective July 1, 2021) Any person who sells or transfers
135		-	an electronic defense weapon, as defined in section 53a-3 of the general Substitute House Bill No. 6491
	83	+	a dirk knife or police baton in a vehicle while lawfully moving such 54
	84	+	person's household goods or effects from one place to another, or from 55
	85	+	one residence to another. 56
	86	+	Sec. 2. Section 53-206 of the general statutes is repealed and the 57
	87	+	following is substituted in lieu thereof (Effective July 1, 2022): 58
	88	+	(a) Any person who carries upon his or her person any BB. gun, 59
	89	+	blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, 60
	90	+	or any knife having an automatic spring release device by which a blade 61
	91	+	is released from the handle, having a blade of over one and one-half 62
	92	+	inches in length, or stiletto, or any knife the edged portion of the blade 63
	93	+	of which is four inches or more in length, any police baton or nightstick, 64
	94	+	or any martial arts weapon or electronic defense weapon, as defined in 65
	95	+	section 53a-3, as amended by this act, or any other dangerous or deadly 66
	96	+	weapon or instrument, shall be guilty of a class E felony. Whenever any 67
	97	+	person is found guilty of a violation of this section, any weapon or other 68
	98	+	instrument within the provisions of this section, found upon the body 69
	99	+	of such person, shall be forfeited to the municipality wherein such 70
	100	+	person was apprehended, notwithstanding any failure of the judgment 71
	101	+	of conviction to expressly impose such forfeiture. 72
	102	+	(b) The provisions of this section shall not apply to (1) any officer 73
	103	+	charged with the preservation of the public peace while engaged in the 74
	104	+	pursuit of such officer's official duties; (2) the carrying of a baton or 75
	105	+	nightstick by a security guard while engaged in the pursuit of such 76
	106	+	guard's official duties; (3) the carrying of a knife, the edged portion of 77
	107	+	the blade of which is four inches or more in length, by (A) any member 78
	108	+	of the armed forces of the United States, as defined in section 27-103, or 79
	109	+	any reserve component thereof, or of the armed forces of the state, as 80
	110	+	defined in section 27-2, when on duty or going to or from duty, (B) any 81
	111	+	member of any military organization when on parade or when going to 82
	112	+	or from any place of assembly, (C) any person while transporting such 83
	113	+	knife as merchandise or for display at an authorized gun or knife show, 84
	114	+	(D) any person who is found with any such knife concealed upon one's 85
	115	+	person while lawfully removing such person's household goods or 86 Substitute Bill No. 6491
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139		-	statutes, as amended by this act, to any person who is under twenty-one
140		-	years of age or does not possess a permit or certificate issued under the
141		-	provisions of section 29-28, 29-36f, 29-37p or 29-38n of the general
142		-	statutes shall be guilty of a class D felony.
143		-	Sec. 4. Subdivision (20) of section 53a-3 of the general statutes is
144		-	repealed and the following is substituted in lieu thereof (Effective July 1,
145		-	2021):
146		-	(20) "Electronic defense weapon" means a weapon which by
147		-	electronic impulse or current is capable of immobilizing a person
148		-	temporarily, [but is not capable of inflicting death or serious physical
149		-	injury,] including a stun gun or other conductive energy device;
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	122	+	effects from one place to another, or from one residence to another, (E) 87
	123	+	any person while actually and peaceably engaged in carrying any such 88
	124	+	knife from such person's place of abode or business to a place or person 89
	125	+	where or by whom such knife is to be repaired, or while actually and 90
	126	+	peaceably returning to such person's place of abode or business with 91
	127	+	such knife after the same has been repaired, (F) any person holding a 92
	128	+	valid hunting, fishing or trapping license issued pursuant to chapter 490 93
	129	+	or any saltwater fisherman carrying such knife for lawful hunting, 94
	130	+	fishing or trapping activities, or (G) any person while participating in an 95
	131	+	authorized historic reenactment; (4) the carrying by any person enrolled 96
	132	+	in or currently attending, or an instructor at, a martial arts school of a 97
	133	+	martial arts weapon while in a class or at an authorized event or 98
	134	+	competition or while transporting such weapon to or from such class, 99
	135	+	event or competition; (5) the carrying of a BB. gun by any person taking 100
	136	+	part in a supervised event or competition of the Boy Scouts of America 101
	137	+	or the Girl Scouts of America or in any other authorized event or 102
	138	+	competition while taking part in such event or competition or while 103
	139	+	transporting such weapon to or from such event or competition; (6) the 104
	140	+	carrying of an electronic defense weapon, as defined in section 53a-3, as 105
	141	+	amended by this act, by any person who is twenty-one years of age or 106
	142	+	older and possesses a permit or certificate issued under the provisions 107
	143	+	of section 29-28, 29-36f, 29-37p or 29-38n; and [(6)] (7) the carrying of a 108
	144	+	BB. gun by any person upon such person's own property or the property 109
	145	+	of another person provided such other person has authorized the 110
	146	+	carrying of such weapon on such property, and the transporting of such 111
	147	+	weapon to or from such property. 112
	148	+	Sec. 3. (NEW) (Effective July 1, 2022) Any person who sells or transfers 113
	149	+	an electronic defense weapon, as defined in section 53a-3 of the general 114
	150	+	statutes, as amended by this act, to any person who is under twenty-one 115
	151	+	years of age or does not possess a permit or certificate issued under the 116
	152	+	provisions of section 29-28, 29-36f, 29-37p or 29-38n of the general 117
	153	+	statutes shall be guilty of a class D felony. 118
	154	+	Sec. 4. Subdivision (20) of section 53a-3 of the general statutes is 119 Substitute Bill No. 6491
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	161	+	repealed and the following is substituted in lieu thereof (Effective July 1, 120
	162	+	2022): 121
	163	+	(20) "Electronic defense weapon" means a weapon which by 122
	164	+	electronic impulse or current is capable of immobilizing a person 123
	165	+	temporarily, [but is not capable of inflicting death or serious physical 124
	166	+	injury,] including a stun gun or other conductive energy device;125
	167	+	This act shall take effect as follows and shall amend the following
	168	+	sections:
	169	+
	170	+	Section 1 July 1, 2022 29-38
	171	+	Sec. 2 July 1, 2022 53-206
	172	+	Sec. 3 July 1, 2022 New section
	173	+	Sec. 4 July 1, 2022 53a-3(20)
	174	+
	175	+	JUD Joint Favorable Subst.
151	176