Connecticut 2022 Regular Session

Connecticut House Bill HB05305 Compare Versions

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	7	+	General Assembly Substitute Bill No. 5305
	8	+	February Session, 2022
1	9
2	10
3	11
4		-	Substitute House Bill No. 5305
5		-
6		-	Public Act No. 22-102
7	12
8	13
9		-	AN ACT MAKING REVISIONS TO STATUTES RELATING TO
10		-	FIREARMS PERMITS AND FIREARMS DEALERS.
	14	+	AN ACT CONCERNING THE PENALTY FOR A FIREARMS DEALER
	15	+	WHO FAILS TO INSTALL A BURGLAR ALARM SYSTEM ON THE
	16	+	PREMISES OF ITS ESTABLISHMENT.
11	17		Be it enacted by the Senate and House of Representatives in General
12	18		Assembly convened:
13	19
14		-	Section 1. Section 29-37d of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective July 1, 2022):
16		-	(a) On and after July 1, 1993, each business organization which
17		-	engages in the retail sale of firearms, as defined in section 53a-3, as a
18		-	regular course of trade or business, shall have a burglar alarm system
19		-	installed on the premises of its establishment in which ten or more
20		-	firearms are stored and kept for sale. Such alarm system shall be directly
21		-	connected to the local police department or monitored by a central
22		-	station and shall activate upon unauthorized entry or interruption to
23		-	such system. For the purposes of this section, "business organization"
24		-	means a sole proprietorship, partnership, firm, corporation or other
25		-	form of business or legal entity. The provisions of this section shall not
26		-	apply to any person who (1) sells or exchanges a firearm for the
27		-	enhancement of a personal collection or as a hobby, (2) sells all or part
28		-	of a personal collection of firearms, or (3) sells firearms from his own
29		-	residence and keeps for sale not more than ten firearms.
30		-	(b) The Commissioner of Emergency Services and Public Protection Substitute ~~House~~ Bill No. 5305
	20	+	Section 1. Section 29-37d of the general statutes is repealed and the 1
	21	+	following is substituted in lieu thereof (Effective July 1, 2022): 2
	22	+	(a) On and after July 1, 1993, each business organization which 3
	23	+	engages in the retail sale of firearms, as defined in section 53a-3, as a 4
	24	+	regular course of trade or business, shall have a burglar alarm system 5
	25	+	installed on the premises of its establishment in which ten or more 6
	26	+	firearms are stored and kept for sale. Such alarm system shall be directly 7
	27	+	connected to the local police department or monitored by a central 8
	28	+	station and shall activate upon unauthorized entry or interruption to 9
	29	+	such system. For the purposes of this section, "business organization" 10
	30	+	means a sole proprietorship, partnership, firm, corporation or other 11
	31	+	form of business or legal entity. The provisions of this section shall not 12
	32	+	apply to any person who (1) sells or exchanges a firearm for the 13
	33	+	enhancement of a personal collection or as a hobby, (2) sells all or part 14
	34	+	of a personal collection of firearms, or (3) sells firearms from his own 15
	35	+	residence and keeps for sale not more than ten firearms. 16
	36	+	(b) The Commissioner of Emergency Services and Public Protection 17 Substitute Bill No. 5305
31	37
32		-	Public Act No. 22-102 2 of 11
33	38
34		-	may, after notice and opportunity for a hearing, impose a civil penalty
35		-	of not more than one hundred dollars for a violation of this section. Each
36		-	violation shall be a separate and distinct offense and, in case of a
37		-	continuing violation, each day's continuance thereof shall be deemed a
38		-	separate and distinct offense, provided the civil penalty may not exceed
39		-	four thousand nine hundred dollars in the aggregate for a continuing
40		-	violation.
41		-	(c) The commissioner may adopt regulations, in accordance with the
42		-	provisions of chapter 54, to implement the provisions of this section.
43		-	Sec. 2. Subsections (a) and (b) of section 29-28 of the 2022 supplement
44		-	to the general statutes, as amended by section 3 of public act 21-67, are
45		-	repealed and the following is substituted in lieu thereof (Effective July 1,
46		-	2022):
47		-	(a) No person who sells ten or more pistols or revolvers in a calendar
48		-	year or is a federally licensed firearm dealer shall advertise, sell, deliver,
49		-	or offer or expose for sale or delivery, or have in such person's
50		-	possession with intent to sell or deliver, any pistol or revolver at retail
51		-	without having a permit therefor issued as provided in this subsection.
52		-	The chief of police or, where there is no chief of police, the [warden of
53		-	the borough or the first selectman of the town, as the case may be] chief
54		-	executive officer of the municipality, as defined in section 7-148, or, if
55		-	designated by such chief executive officer, the resident state trooper
56		-	serving such municipality or a state police officer of the state police
57		-	troop having jurisdiction over such municipality, may, upon the
58		-	application of any person, issue a permit in such form as may be
59		-	prescribed by the Commissioner of Emergency Services and Public
60		-	Protection for the sale at retail of pistols and revolvers within the
61		-	jurisdiction of the authority issuing such permit. No permit for the sale
62		-	at retail of any pistol or revolver shall be issued unless the applicant
63		-	holds a valid eligibility certificate for a pistol or revolver issued
64		-	pursuant to section 29-36f or a valid state permit to carry a pistol or Substitute House Bill No. 5305
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66		-	Public Act No. 22-102 3 of 11
	43	+	may, after notice and opportunity for a hearing, impose a civil penalty 18
	44	+	of not more than one hundred dollars for a violation of this section. Each 19
	45	+	violation shall be a separate and distinct offense and, in case of a 20
	46	+	continuing violation, each day's continuance thereof shall be deemed a 21
	47	+	separate and distinct offense, provided the civil penalty may not exceed 22
	48	+	four thousand nine hundred dollars in the aggregate for a continuing 23
	49	+	violation. 24
	50	+	(c) The commissioner may adopt regulations, in accordance with the 25
	51	+	provisions of chapter 54, to implement the provisions of this section. 26
	52	+	This act shall take effect as follows and shall amend the following
	53	+	sections:
67	54
68		-	revolver issued pursuant to subsection (b) of this section and the
69		-	applicant submits documentation sufficient to establish that local
70		-	zoning requirements have been met for the location where the sale is to
71		-	take place, except that any person selling or exchanging a pistol or
72		-	revolver for the enhancement of a personal collection or for a hobby or
73		-	who sells all or part of such person's personal collection of pistols or
74		-	revolvers shall not be required to submit such documentation for the
75		-	location where the sale or exchange is to take place.
76		-	(b) Upon the application of any person having a bona fide permanent
77		-	residence within the jurisdiction of any such authority, such chief of
78		-	police [, warden or selectman] or, where there is no chief of police, such
79		-	chief executive officer or designated resident state trooper or state police
80		-	officer, as applicable, may issue a temporary state permit to such person
81		-	to carry a pistol or revolver within the state, provided such authority
82		-	shall find that such applicant intends to make no use of any pistol or
83		-	revolver which such applicant may be permitted to carry under such
84		-	permit other than a lawful use and that such person is a suitable person
85		-	to receive such permit. If the applicant has a bona fide permanent
86		-	residence within the jurisdiction of any federally recognized Native
87		-	American tribe within the borders of the state, and such tribe has a law
88		-	enforcement unit, as defined in section 7-294a, the chief of police of such
89		-	law enforcement unit may issue a temporary state permit to such person
90		-	pursuant to the provisions of this subsection, and any chief of police of
91		-	any other law enforcement unit having jurisdiction over an area
92		-	containing such person's bona fide permanent residence shall not issue
93		-	such temporary state permit if such tribal law enforcement unit accepts
94		-	applications for temporary state permits. No state or temporary state
95		-	permit to carry a pistol or revolver shall be issued under this subsection
96		-	if the applicant (1) has failed to successfully complete a course approved
97		-	by the Commissioner of Emergency Services and Public Protection in
98		-	the safety and use of pistols and revolvers including, but not limited to,
99		-	a safety or training course in the use of pistols and revolvers available Substitute House Bill No. 5305
	55	+	Section 1 July 1, 2022 29-37d
100	56
101		-	Public Act No. 22-102 4 of 11
102		-
103		-	to the public offered by a law enforcement agency, a private or public
104		-	educational institution or a firearms training school, utilizing instructors
105		-	certified by the National Rifle Association or the Department of Energy
106		-	and Environmental Protection and a safety or training course in the use
107		-	of pistols or revolvers conducted by an instructor certified by the state
108		-	or the National Rifle Association, (2) has been convicted of (A) a felony,
109		-	or (B) a misdemeanor violation of section 21a-279 on or after October 1,
110		-	2015, or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a,
111		-	53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the
112		-	preceding twenty years, (3) has been convicted as delinquent for the
113		-	commission of a serious juvenile offense, as defined in section 46b-120,
114		-	(4) has been discharged from custody within the preceding twenty years
115		-	after having been found not guilty of a crime by reason of mental disease
116		-	or defect pursuant to section 53a-13, (5) (A) has been confined in a
117		-	hospital for persons with psychiatric disabilities, as defined in section
118		-	17a-495, within the preceding sixty months by order of a probate court,
119		-	or (B) has been voluntarily admitted on or after October 1, 2013, to a
120		-	hospital for persons with psychiatric disabilities, as defined in section
121		-	17a-495, within the preceding six months for care and treatment of a
122		-	psychiatric disability and not solely for being an alcohol-dependent
123		-	person or a drug-dependent person, as those terms are defined in
124		-	section 17a-680, (6) is subject to a restraining or protective order issued
125		-	by a court in a case involving the use, attempted use or threatened use
126		-	of physical force against another person, including an ex parte order
127		-	issued pursuant to section 46b-15 or 46b-16a, (7) is subject to a firearms
128		-	seizure order issued prior to June 1, 2022, pursuant to section 29-38c
129		-	after notice and hearing, or a risk protection order or risk protection
130		-	investigation order issued on or after June 1, 2022, pursuant to section
131		-	29-38c, (8) is prohibited from shipping, transporting, possessing or
132		-	receiving a firearm pursuant to 18 USC 922(g)(4), (9) is an alien illegally
133		-	or unlawfully in the United States, or (10) is less than twenty-one years
134		-	of age. Nothing in this section shall require any person who holds a
135		-	valid permit to carry a pistol or revolver on October 1, 1994, to Substitute House Bill No. 5305
136		-
137		-	Public Act No. 22-102 5 of 11
138		-
139		-	participate in any additional training in the safety and use of pistols and
140		-	revolvers. No person may apply for a temporary state permit to carry a
141		-	pistol or revolver more than once within any twelve-month period, and
142		-	no temporary state permit to carry a pistol or revolver shall be issued to
143		-	any person who has applied for such permit more than once within the
144		-	preceding twelve months. Any person who applies for a temporary state
145		-	permit to carry a pistol or revolver shall indicate in writing on the
146		-	application, under penalty of false statement in such manner as the
147		-	issuing authority prescribes, that such person has not applied for a
148		-	temporary state permit to carry a pistol or revolver within the past
149		-	twelve months. Upon issuance of a temporary state permit to carry a
150		-	pistol or revolver to the applicant, the local authority shall forward the
151		-	original application to the commissioner. Not later than sixty days after
152		-	receiving a temporary state permit, an applicant shall appear at a
153		-	location designated by the commissioner to receive the state permit. The
154		-	commissioner may then issue, to any holder of any temporary state
155		-	permit, a state permit to carry a pistol or revolver within the state. Upon
156		-	issuance of the state permit, the commissioner shall make available to
157		-	the permit holder a copy of the law regarding the permit holder's
158		-	responsibility to report the loss or theft of a firearm and the penalties
159		-	associated with the failure to comply with such law. Upon issuance of
160		-	the state permit, the commissioner shall forward a record of such permit
161		-	to the local authority issuing the temporary state permit. The
162		-	commissioner shall retain records of all applications, whether approved
163		-	or denied. The copy of the state permit delivered to the permittee shall
164		-	be laminated and shall contain a full-face photograph of such permittee.
165		-	A person holding a state permit issued pursuant to this subsection shall
166		-	notify the issuing authority within two business days of any change of
167		-	such person's address. The notification shall include the old address and
168		-	the new address of such person.
169		-	Sec. 3. Subsection (a) of section 29-28a of the general statutes is
170		-	repealed and the following is substituted in lieu thereof (Effective July 1, Substitute House Bill No. 5305
171		-
172		-	Public Act No. 22-102 6 of 11
173		-
174		-	2022):
175		-	(a) Requests for temporary state permits under section 29-28, as
176		-	amended by this act, shall be submitted to the chief of police, or, where
177		-	there is no chief of police, to the [warden of the borough or the first
178		-	selectman of the town, as the case may be] chief executive officer of the
179		-	municipality, as defined in section 7-148, or, if designated by such chief
180		-	executive officer, the resident state trooper serving such municipality or
181		-	a state police officer of the state police troop having jurisdiction over
182		-	such municipality, on application forms prescribed by the
183		-	Commissioner of Emergency Services and Public Protection. Upon
184		-	written request by any person for a temporary state permit not on a
185		-	prescribed application form, or upon request by any person for such
186		-	application form, the local authority shall supply such forms. When any
187		-	such request is made in person at the office of the local authority, the
188		-	local authority shall supply such application form immediately. When
189		-	any such request is made in any other manner, the local authority shall
190		-	supply such application form not later than one week after receiving
191		-	such request. If such application form is not supplied within the time
192		-	limits required by this section, the request therefor shall constitute a
193		-	sufficient application. If any local authority fails to supply an
194		-	application form upon the request of any person, such person may
195		-	request an application form from the Commissioner of Emergency
196		-	Services and Public Protection or any barracks of the Division of State
197		-	Police, and the time limits and procedures set forth in this section for
198		-	handling requests for such forms shall be applicable.
199		-	Sec. 4. Subsection (b) of section 29-29 of the general statutes is
200		-	repealed and the following is substituted in lieu thereof (Effective July 1,
201		-	2022):
202		-	(b) The local authority, or the commissioner in the case of an
203		-	application pursuant to subsection (f) of section 29-28, shall take the
204		-	fingerprints of such applicant or conduct any other method of positive Substitute House Bill No. 5305
205		-
206		-	Public Act No. 22-102 7 of 11
207		-
208		-	identification required by the State Police Bureau of Identification or the
209		-	Federal Bureau of Investigation, unless the local authority or the
210		-	commissioner determines that the fingerprints of such applicant have
211		-	been previously taken and the applicant's identity established, and such
212		-	applicant presents identification that the local authority or the
213		-	commissioner verifies as valid. The local authority or the commissioner
214		-	shall record the date the fingerprints were taken in the applicant's file
215		-	and, within five business days of such date, shall forward such
216		-	fingerprints or other positive identifying information to the State Police
217		-	Bureau of Identification which shall conduct criminal history records
218		-	checks in accordance with section 29-17a.
219		-	Sec. 5. Subsection (f) of section 29-30 of the general statutes is repealed
220		-	and the following is substituted in lieu thereof (Effective July 1, 2022):
221		-	(f) The issuing authority shall send a notice of the expiration of a state
222		-	permit to carry a pistol or revolver, issued pursuant to section 29-28, as
223		-	amended by this act, to the holder of such permit, by first class mail, not
224		-	less than ninety days before such expiration, and shall enclose with such
225		-	notice a form for the renewal of said state permit. The holder of such
226		-	permit may mail the form for renewal to the issuing authority and the
227		-	issuing authority shall accept such form as a valid application for
228		-	renewal, provided the holder (1) completed the form according to
229		-	instructions provided by the Department of Emergency Services and
230		-	Public Protection, (2) enclosed the appropriate fee to renew, in
231		-	accordance with subsection (a) of this section, (3) enclosed a copy of
232		-	proof of citizenship or legal residency of the holder, (4) enclosed a full-
233		-	face photograph of the holder, [that is either notarized or date stamped,]
234		-	and (5) is otherwise eligible for such permit pursuant to section 29-28,
235		-	as amended by this act. A state permit to carry a pistol or revolver,
236		-	issued pursuant to section 29-28, as amended by this act, shall be valid
237		-	for a period of ninety days after the expiration date, except this
238		-	provision shall not apply to any state permit to carry a pistol or revolver Substitute House Bill No. 5305
239		-
240		-	Public Act No. 22-102 8 of 11
241		-
242		-	which has been revoked or for which revocation is pending, pursuant
243		-	to section 29-32.
244		-	Sec. 6. Subsection (e) of section 29-33 of the general statutes is
245		-	repealed and the following is substituted in lieu thereof (Effective July 1,
246		-	2022):
247		-	(e) Upon the sale, delivery or other transfer of any pistol or revolver,
248		-	the person making the purchase or to whom the same is delivered or
249		-	transferred shall sign a receipt for such pistol or revolver, which shall
250		-	contain the name and address of such person, the date of sale, the
251		-	caliber, make, model and manufacturer's number and a general
252		-	description of such pistol or revolver, the identification number of such
253		-	person's permit to carry pistols or revolvers, issued pursuant to
254		-	subsection (b) of section 29-28, as amended by this act, permit to sell at
255		-	retail pistols or revolvers, issued pursuant to subsection (a) of said
256		-	section, or eligibility certificate for a pistol or revolver, issued pursuant
257		-	to section 29-36f, if any, and the authorization number designated for
258		-	the transfer by the Department of Emergency Services and Public
259		-	Protection. The person, firm or corporation selling such pistol or
260		-	revolver or making delivery or transfer thereof shall (1) give one copy
261		-	of the receipt to the person making the purchase of such pistol or
262		-	revolver or to whom the same is delivered or transferred, [shall] (2)
263		-	retain one copy of the receipt for at least five years, and [shall] (3) send,
264		-	by first class mail, or electronically transmit, within forty-eight hours of
265		-	such sale, delivery or other transfer, (A) one copy of the receipt to the
266		-	Commissioner of Emergency Services and Public Protection, and (B) one
267		-	copy of the receipt to the chief of police of the municipality in which the
268		-	transferee resides or, where there is no chief of police, the [warden of
269		-	the borough or the first selectman of the town, as the case may be, of the
270		-	town in which the transferee resides] chief executive officer of the
271		-	municipality, as defined in section 7-148, in which the transferee resides
272		-	or, if designated by such chief executive officer, the resident state Substitute House Bill No. 5305
273		-
274		-	Public Act No. 22-102 9 of 11
275		-
276		-	trooper serving such municipality or a state police officer of the state
277		-	police troop having jurisdiction over such municipality.
278		-	Sec. 7. Subsection (d) of section 29-37a of the general statutes is
279		-	repealed and the following is substituted in lieu thereof (Effective July 1,
280		-	2022):
281		-	(d) No person, firm or corporation may sell, deliver or otherwise
282		-	transfer, at retail, any long gun to any person unless such person makes
283		-	application on a form prescribed and furnished by the Commissioner of
284		-	Emergency Services and Public Protection, which shall be attached by
285		-	the transferor to the federal sale or transfer document and filed and
286		-	retained by the transferor for at least twenty years or until such
287		-	transferor goes out of business. Such application shall be available for
288		-	inspection during normal business hours by law enforcement officials.
289		-	No such sale, delivery or other transfer of any long gun shall be made
290		-	until the person, firm or corporation making such sale, delivery or
291		-	transfer has ensured that such application has been completed properly
292		-	and has obtained an authorization number from the Commissioner of
293		-	Emergency Services and Public Protection for such sale, delivery or
294		-	transfer. The Department of Emergency Services and Public Protection
295		-	shall make every effort, including performing the national instant
296		-	criminal background check, to determine if the applicant is eligible to
297		-	receive such long gun. If it is determined that the applicant is ineligible
298		-	to receive such long gun, the Commissioner of Emergency Services and
299		-	Public Protection shall immediately notify the person, firm or
300		-	corporation to whom such application was made and no such long gun
301		-	shall be sold, delivered or otherwise transferred to such applicant by
302		-	such person, firm or corporation. When any long gun is delivered in
303		-	connection with any sale or purchase, such long gun shall be enclosed
304		-	in a package, the paper or wrapping of which shall be securely fastened,
305		-	and no such long gun when delivered on any sale or purchase shall be
306		-	loaded or contain any gunpowder or other explosive or any bullet, ball Substitute House Bill No. 5305
307		-
308		-	Public Act No. 22-102 10 of 11
309		-
310		-	or shell. Upon the sale, delivery or other transfer of the long gun, the
311		-	transferee shall sign in triplicate a receipt for such long gun, which shall
312		-	contain the name, address and date and place of birth of such transferee,
313		-	the date of such sale, delivery or transfer and the caliber, make, model
314		-	and manufacturer's number and a general description thereof. Not later
315		-	than twenty-four hours after such sale, delivery or transfer, the
316		-	transferor shall send by first class mail or electronically transfer one
317		-	receipt to the Commissioner of Emergency Services and Public
318		-	Protection and one receipt to the chief of police of the municipality in
319		-	which the transferee resides or, where there is no chief of police, the
320		-	[warden of the borough or the first selectman, of the town in which the
321		-	transferee resides] chief executive officer of the municipality, as defined
322		-	in section 7-148, in which the transferee resides or, if designated by such
323		-	chief executive officer, the resident state trooper serving such
324		-	municipality or a state police officer of the state police troop having
325		-	jurisdiction over such municipality, and shall retain one receipt,
326		-	together with the original application, for at least five years.
327		-	Sec. 8. Subdivision (3) of subsection (f) of section 29-37a of the general
328		-	statutes is repealed and the following is substituted in lieu thereof
329		-	(Effective July 1, 2022):
330		-	(3) Upon the sale, delivery or other transfer of the long gun, the
331		-	transferor or transferee shall complete a form, prescribed by the
332		-	Commissioner of Emergency Services and Public Protection, that
333		-	contains the name and address of the transferor, the name and address
334		-	of the transferee, the date and place of birth of such transferee, the
335		-	firearm permit or certificate number of the transferee, the firearm permit
336		-	or certificate number of the transferor, if any, the date of such sale,
337		-	delivery or transfer, the caliber, make, model and manufacturer's
338		-	number and a general description of such long gun and the
339		-	authorization number provided by the department. Not later than
340		-	twenty-four hours after such sale, delivery or transfer, the transferor Substitute House Bill No. 5305
341		-
342		-	Public Act No. 22-102 11 of 11
343		-
344		-	shall send by first class mail or electronically transfer one copy of such
345		-	form to the Commissioner of Emergency Services and Public Protection
346		-	and one copy to the chief of police of the municipality in which the
347		-	transferee resides or, where there is no chief of police, the [warden of
348		-	the borough or the first selectman, of the town in which the transferee
349		-	resides] chief executive officer of the municipality, as defined in section
350		-	7-148, in which the transferee resides or, if designated by such chief
351		-	executive officer, the resident state trooper serving such municipality or
352		-	a state police officer of the state police troop having jurisdiction over
353		-	such municipality, and shall retain one copy, for at least five years.
354		-	Sec. 9. Subsection (b) of section 29-37g of the general statutes is
355		-	repealed and the following is substituted in lieu thereof (Effective July 1,
356		-	2022):
357		-	(b) Not later than thirty days before commencement of a gun show,
358		-	the gun show promoter shall [notify the chief of police or, where there
359		-	is no chief of police, the warden of the borough or the first selectman of
360		-	the town in which the gun show is to take place] provide notice of the
361		-	date, time, duration and location of the gun show to (1) the chief of
362		-	police of the municipality in which the gun show is to take place, or (2)
363		-	where there is no chief of police, the chief executive officer of the
364		-	municipality, as defined in section 7-148, in which the gun show is to
365		-	take place or, if designated by such chief executive officer, the resident
366		-	state trooper serving such municipality or a state police officer of the
367		-	state police troop having jurisdiction over such municipality.
	57	+	PS Joint Favorable Subst.
368	58