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OLR Bill Analysis
sHB 5305 (as amended by House "A")*
AN ACT CONCERNING THE PENALTY FOR A FIREARMS DEALER
WHO FAILS TO INSTALL A BURGLAR ALARM SYSTEM ON THE
PREMISES OF ITS ESTABLISHMENT.
SUMMARY
This bill makes the following changes in the gun permitting laws:
1. authorizes the chief executive officer (CEO) of any municipality
without a police chief, rather than just a town’s first selectman or
borough’s warden, to perform various firearms permitting and
administrative functions or designate the resident state trooper
to do so;
2. authorizes the Mohegan and Mashantucket Pequot police chiefs
to issue temporary state handgun permits to applicants who are
tribal reservation residents;
3. extends to the Department of Emergency Services and Public
Protection (DESPP) commissioner, for purposes of processing
Connecticut handgun permits for nonresidents with a valid out-
of-state gun permit, the same fingerprinting and positive
identification procedures required under existing law for local
officials processing temporary state handgun permit
applications; and
4. requires the photograph that handgun permit holders must
submit with their permit renewal applications to be a full-face
photo and eliminates the requirement that the photo be notarized
or date stamped (§ 5).
Additionally, the bill authorizes the DESPP commissioner to impose
a civil penalty of up to $100 for violations of existing law’s alarm system
requirement for firearms dealers. 2022HB-05305-R01-BA.DOCX
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*House Amendment “A” adds the various gun permitting
provisions.
EFFECTIVE DATE: July 1, 2022
§ 1 — PENALTY FOR VIOLATIONS OF ALARM SYSTEM
REQUIREMENT
The bill authorizes the DESPP commissioner, after notice and an
opportunity for a hearing, to impose a civil penalty of up to $100 for
violations of the alarm system requirement for firearms dealers (see
BACKGROUND). Under the bill, each violation is a separate offense,
and, in cases of continuing violations, each day is a separate offense
subject to an aggregate penalty of up to $4,900.
The bill also authorizes the commissioner to adopt regulations to
implement the alarm requirement and penalty provisions.
§ 2 — PERMIT ISSUANCE BY TRIBAL POLICE DEPARTMENTS
The bill allows the police chiefs of federally recognized Native
American tribes in the state with a “law enforcement unit” to issue
temporary state handgun permits under the statutory permit approval
process to applicants who are bona fide permanent residents of the tribal
reservations. Under the bill, if the tribal law enforcement unit accepts
these applications, the police chief of any other law enforcement unit
with jurisdiction over the tribal reservation may not issue the permits.
Under current law, tribal reservation residents must apply for these
permits to the local official (police chief, borough warden, or first
selectman) of the municipality in which the reservation is located.
By law, “law enforcement units” include the Mashantucket Pequot
and Mohegan tribal police departments, which are governed under a
memorandum of agreement (CGS § 7-294a).
§§ 2-4 & 6-9 — FIREARMS PERMITTING BY LOCAL OFFICIALS
The bill authorizes the CEO of any municipality (i.e., town, city,
consolidated town and city, borough, or consolidated town and
borough) without a police chief to perform the functions described
below, rather than just a town’s first selectman or borough’s warden. It 2022HB-05305-R01-BA.DOCX
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also authorizes these municipal CEOs to designate the municipality’s
resident state trooper, or a state police officer from the State Police troop
with jurisdiction over the municipality, to perform these functions.
The bill applies these provisions to the laws on (1) issuing gun dealer
and temporary state handgun permits and (2) receiving copies of
receipts for handgun and long gun sales and transfers. It also makes
conforming changes to the law requiring gun show promoters to notify
the host town’s local official of the show date, time, duration, and
location.
§ 4 — FINGERPRINTING AND IDENTIFICATION REQUIREMENTS
By law, a nonresident with a valid out-of-state gun permit may apply
directly to the DESPP commissioner for a Connecticut handgun permit.
The bill extends to the DESPP commissioner, for purposes of processing
these permit applications, the same fingerprinting and positive
identification procedures required under existing law for local officials
processing temporary state handgun permit applications.
Therefore, the bill requires the DESPP commissioner to take the
fingerprints of nonresident handgun permit applicants or conduct other
positive identification methods required by the State Police Bureau of
Identification (SPBI) or Federal Bureau of Investigation. If he determines
that the applicant’s fingerprints have previously been taken and the
applicant presents identification that the commissioner determines is
valid, he does not have to take the fingerprints again. The commissioner
must record the date the fingerprints were taken in the applicant’s file
and, within five business days, forward the fingerprints or other
positive identification to SPBI for criminal history checks.
BACKGROUND
Municipal CEOs
By law, each municipality with a charter adopted or amended under
the statutes must have a chief executive officer, who may be the (1) first
selectman; (2) chief administrative officer appointed by the board of
selectmen or mayor; (3) mayor; (4) borough warden; or (5) appointed
town, city, or borough manager (CGS § 7-193). In towns that have a 2022HB-05305-R01-BA.DOCX
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board of selectman as their executive authority, the first selectman is the
chief executive officer unless the law provides otherwise (CGS § 7-12a).
Alarm System Requirement for Firearms Dealers
By law, each retail business that sells firearms as a regular course of
trade must have an alarm system on the premises if 10 or more firearms
are stored or kept for sale. The alarm system must (1) be directly
connected to the local police department or monitored by a central
station and (2) activate upon unauthorized entry or system interruption.
This requirement does not apply to people who sell or exchange
firearms to enhance their personal collection or as a hobby, sell all or
part of a personal collection, or sell firearms from their residence and
keep 10 or fewer for sale (CGS § 29-37d(a)).
Related Bills
HB 5177 (File 29), favorably reported by the Public Safety and
Security Committee, contains the similar provisions authorizing the
Mohegan and Mashantucket Pequot police chiefs to issue temporary
state handgun permits to applicants who are tribal reservation
residents.
sHB 5307 (File 130), favorably reported by the Public Safety and
Security Committee, contains the same provisions on (1) municipal
CEOs and designated resident state troopers performing various
firearms permitting and administrative functions, (2) DESPP
fingerprinting and identification procedures for nonresident gun permit
applicants, and (3) permit renewal photo requirements.
COMMITTEE ACTION
Public Safety and Security Committee
Joint Favorable Substitute
Yea 24 Nay 0 (03/15/2022)