Connecticut 2022 2022 Regular Session

Connecticut House Bill HB05305 Comm Sub / Analysis

Filed 07/20/2022

                    O F F I C E O F L E G I S L A T I V E R E S E A R C H 
P U B L I C A C T S U M M A R Y 
 
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PA 22-102—sHB 5305 
Public Safety and Security Committee 
 
AN ACT MAKING REVISIONS TO STATUTES RELATING TO 
FIREARMS PERMITS AND FIREARMS DEALERS 
 
SUMMARY: This act 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 or relevant state police officer 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 it be notarized or date stamped (§ 5). 
Additionally, the act 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. 
EFFECTIVE DATE: July 1, 2022 
 
§ 1 — PENALTY FOR VIOLATIONS OF ALARM SYSTEM REQUIREMENT 
 
The act 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. Under the act, each violation is a separate 
offense, and, in cases of continuing violations, each day is a separate offense subject 
to a total penalty of up to $4,900. The act also authorizes the commissioner to adopt 
regulations to implement the alarm requirement and penalty provisions. 
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  O L R P U B L I C A C T S U M M A R Y 
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sale (CGS § 29-37d(a)). 
 
§ 2 — PERMIT ISSUANCE BY TRIBAL POLICE DEPARTMENTS 
 
The act 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 act, 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 prior law, tribal reservation residents were required to 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, 3 & 6-9 — FIREARMS PERMITTING BY LOCAL OFFICIALS 
 
The act 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 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 act 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 act 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.  
Under the act, the DESPP commissioner must 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.