Substitute House Bill No. 5305
Public Act No. 22-102
AN ACT MAKING REVISIONS TO STATUTES RELATING TO
FIREARMS PERMITS AND FIREARMS DEALERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 29-37d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) On and after July 1, 1993, each business organization which
engages in the retail sale of firearms, as defined in section 53a-3, as a
regular course of trade or business, shall have a burglar alarm system
installed on the premises of its establishment in which ten or more
firearms are stored and kept for sale. Such alarm system shall be directly
connected to the local police department or monitored by a central
station and shall activate upon unauthorized entry or interruption to
such system. For the purposes of this section, "business organization"
means a sole proprietorship, partnership, firm, corporation or other
form of business or legal entity. The provisions of this section shall not
apply to any person who (1) sells or exchanges a firearm for the
enhancement of a personal collection or as a hobby, (2) sells all or part
of a personal collection of firearms, or (3) sells firearms from his own
residence and keeps for sale not more than ten firearms.
(b) The Commissioner of Emergency Services and Public Protection Substitute House Bill No. 5305
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may, after notice and opportunity for a hearing, impose a civil penalty
of not more than one hundred dollars for a violation of this section. Each
violation shall be a separate and distinct offense and, in case of a
continuing violation, each day's continuance thereof shall be deemed a
separate and distinct offense, provided the civil penalty may not exceed
four thousand nine hundred dollars in the aggregate for a continuing
violation.
(c) The commissioner may adopt regulations, in accordance with the
provisions of chapter 54, to implement the provisions of this section.
Sec. 2. Subsections (a) and (b) of section 29-28 of the 2022 supplement
to the general statutes, as amended by section 3 of public act 21-67, are
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(a) No person who sells ten or more pistols or revolvers in a calendar
year or is a federally licensed firearm dealer shall advertise, sell, deliver,
or offer or expose for sale or delivery, or have in such person's
possession with intent to sell or deliver, any pistol or revolver at retail
without having a permit therefor issued as provided in this subsection.
The chief of police or, where there is no chief of police, the [warden of
the borough or the first selectman of the town, as the case may be] chief
executive officer of the municipality, as defined in section 7-148, or, if
designated by such chief executive officer, the resident state trooper
serving such municipality or a state police officer of the state police
troop having jurisdiction over such municipality, may, upon the
application of any person, issue a permit in such form as may be
prescribed by the Commissioner of Emergency Services and Public
Protection for the sale at retail of pistols and revolvers within the
jurisdiction of the authority issuing such permit. No permit for the sale
at retail of any pistol or revolver shall be issued unless the applicant
holds a valid eligibility certificate for a pistol or revolver issued
pursuant to section 29-36f or a valid state permit to carry a pistol or Substitute House Bill No. 5305
Public Act No. 22-102 3 of 11
revolver issued pursuant to subsection (b) of this section and the
applicant submits documentation sufficient to establish that local
zoning requirements have been met for the location where the sale is to
take place, except that any person selling or exchanging a pistol or
revolver for the enhancement of a personal collection or for a hobby or
who sells all or part of such person's personal collection of pistols or
revolvers shall not be required to submit such documentation for the
location where the sale or exchange is to take place.
(b) Upon the application of any person having a bona fide permanent
residence within the jurisdiction of any such authority, such chief of
police [, warden or selectman] or, where there is no chief of police, such
chief executive officer or designated resident state trooper or state police
officer, as applicable, may issue a temporary state permit to such person
to carry a pistol or revolver within the state, provided such authority
shall find that such applicant intends to make no use of any pistol or
revolver which such applicant may be permitted to carry under such
permit other than a lawful use and that such person is a suitable person
to receive such permit. If the applicant has a bona fide permanent
residence within the jurisdiction of any federally recognized Native
American tribe within the borders of the state, and such tribe has a law
enforcement unit, as defined in section 7-294a, the chief of police of such
law enforcement unit may issue a temporary state permit to such person
pursuant to the provisions of this subsection, and any chief of police of
any other law enforcement unit having jurisdiction over an area
containing such person's bona fide permanent residence shall not issue
such temporary state permit if such tribal law enforcement unit accepts
applications for temporary state permits. No state or temporary state
permit to carry a pistol or revolver shall be issued under this subsection
if the applicant (1) has failed to successfully complete a course approved
by the Commissioner of Emergency Services and Public Protection in
the safety and use of pistols and revolvers including, but not limited to,
a safety or training course in the use of pistols and revolvers available Substitute House Bill No. 5305
Public Act No. 22-102 4 of 11
to the public offered by a law enforcement agency, a private or public
educational institution or a firearms training school, utilizing instructors
certified by the National Rifle Association or the Department of Energy
and Environmental Protection and a safety or training course in the use
of pistols or revolvers conducted by an instructor certified by the state
or the National Rifle Association, (2) has been convicted of (A) a felony,
or (B) a misdemeanor violation of section 21a-279 on or after October 1,
2015, or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a,
53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the
preceding twenty years, (3) has been convicted as delinquent for the
commission of a serious juvenile offense, as defined in section 46b-120,
(4) has been discharged from custody within the preceding twenty years
after having been found not guilty of a crime by reason of mental disease
or defect pursuant to section 53a-13, (5) (A) has been confined in a
hospital for persons with psychiatric disabilities, as defined in section
17a-495, within the preceding sixty months by order of a probate court,
or (B) has been voluntarily admitted on or after October 1, 2013, to a
hospital for persons with psychiatric disabilities, as defined in section
17a-495, within the preceding six months for care and treatment of a
psychiatric disability and not solely for being an alcohol-dependent
person or a drug-dependent person, as those terms are defined in
section 17a-680, (6) is subject to a restraining or protective order issued
by a court in a case involving the use, attempted use or threatened use
of physical force against another person, including an ex parte order
issued pursuant to section 46b-15 or 46b-16a, (7) is subject to a firearms
seizure order issued prior to June 1, 2022, pursuant to section 29-38c
after notice and hearing, or a risk protection order or risk protection
investigation order issued on or after June 1, 2022, pursuant to section
29-38c, (8) is prohibited from shipping, transporting, possessing or
receiving a firearm pursuant to 18 USC 922(g)(4), (9) is an alien illegally
or unlawfully in the United States, or (10) is less than twenty-one years
of age. Nothing in this section shall require any person who holds a
valid permit to carry a pistol or revolver on October 1, 1994, to Substitute House Bill No. 5305
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participate in any additional training in the safety and use of pistols and
revolvers. No person may apply for a temporary state permit to carry a
pistol or revolver more than once within any twelve-month period, and
no temporary state permit to carry a pistol or revolver shall be issued to
any person who has applied for such permit more than once within the
preceding twelve months. Any person who applies for a temporary state
permit to carry a pistol or revolver shall indicate in writing on the
application, under penalty of false statement in such manner as the
issuing authority prescribes, that such person has not applied for a
temporary state permit to carry a pistol or revolver within the past
twelve months. Upon issuance of a temporary state permit to carry a
pistol or revolver to the applicant, the local authority shall forward the
original application to the commissioner. Not later than sixty days after
receiving a temporary state permit, an applicant shall appear at a
location designated by the commissioner to receive the state permit. The
commissioner may then issue, to any holder of any temporary state
permit, a state permit to carry a pistol or revolver within the state. Upon
issuance of the state permit, the commissioner shall make available to
the permit holder a copy of the law regarding the permit holder's
responsibility to report the loss or theft of a firearm and the penalties
associated with the failure to comply with such law. Upon issuance of
the state permit, the commissioner shall forward a record of such permit
to the local authority issuing the temporary state permit. The
commissioner shall retain records of all applications, whether approved
or denied. The copy of the state permit delivered to the permittee shall
be laminated and shall contain a full-face photograph of such permittee.
A person holding a state permit issued pursuant to this subsection shall
notify the issuing authority within two business days of any change of
such person's address. The notification shall include the old address and
the new address of such person.
Sec. 3. Subsection (a) of section 29-28a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1, Substitute House Bill No. 5305
Public Act No. 22-102 6 of 11
2022):
(a) Requests for temporary state permits under section 29-28, as
amended by this act, shall be submitted to the chief of police, or, where
there is no chief of police, to the [warden of the borough or the first
selectman of the town, as the case may be] chief executive officer of the
municipality, as defined in section 7-148, or, if designated by such chief
executive officer, the resident state trooper serving such municipality or
a state police officer of the state police troop having jurisdiction over
such municipality, on application forms prescribed by the
Commissioner of Emergency Services and Public Protection. Upon
written request by any person for a temporary state permit not on a
prescribed application form, or upon request by any person for such
application form, the local authority shall supply such forms. When any
such request is made in person at the office of the local authority, the
local authority shall supply such application form immediately. When
any such request is made in any other manner, the local authority shall
supply such application form not later than one week after receiving
such request. If such application form is not supplied within the time
limits required by this section, the request therefor shall constitute a
sufficient application. If any local authority fails to supply an
application form upon the request of any person, such person may
request an application form from the Commissioner of Emergency
Services and Public Protection or any barracks of the Division of State
Police, and the time limits and procedures set forth in this section for
handling requests for such forms shall be applicable.
Sec. 4. Subsection (b) of section 29-29 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(b) The local authority, or the commissioner in the case of an
application pursuant to subsection (f) of section 29-28, shall take the
fingerprints of such applicant or conduct any other method of positive Substitute House Bill No. 5305
Public Act No. 22-102 7 of 11
identification required by the State Police Bureau of Identification or the
Federal Bureau of Investigation, unless the local authority or the
commissioner determines that the fingerprints of such applicant have
been previously taken and the applicant's identity established, and such
applicant presents identification that the local authority or the
commissioner verifies as valid. The local authority or the commissioner
shall record the date the fingerprints were taken in the applicant's file
and, within five business days of such date, shall forward such
fingerprints or other positive identifying information to the State Police
Bureau of Identification which shall conduct criminal history records
checks in accordance with section 29-17a.
Sec. 5. Subsection (f) of section 29-30 of the general statutes is repealed
and the following is substituted in lieu thereof (Effective July 1, 2022):
(f) The issuing authority shall send a notice of the expiration of a state
permit to carry a pistol or revolver, issued pursuant to section 29-28, as
amended by this act, to the holder of such permit, by first class mail, not
less than ninety days before such expiration, and shall enclose with such
notice a form for the renewal of said state permit. The holder of such
permit may mail the form for renewal to the issuing authority and the
issuing authority shall accept such form as a valid application for
renewal, provided the holder (1) completed the form according to
instructions provided by the Department of Emergency Services and
Public Protection, (2) enclosed the appropriate fee to renew, in
accordance with subsection (a) of this section, (3) enclosed a copy of
proof of citizenship or legal residency of the holder, (4) enclosed a full-
face photograph of the holder, [that is either notarized or date stamped,]
and (5) is otherwise eligible for such permit pursuant to section 29-28,
as amended by this act. A state permit to carry a pistol or revolver,
issued pursuant to section 29-28, as amended by this act, shall be valid
for a period of ninety days after the expiration date, except this
provision shall not apply to any state permit to carry a pistol or revolver Substitute House Bill No. 5305
Public Act No. 22-102 8 of 11
which has been revoked or for which revocation is pending, pursuant
to section 29-32.
Sec. 6. Subsection (e) of section 29-33 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(e) Upon the sale, delivery or other transfer of any pistol or revolver,
the person making the purchase or to whom the same is delivered or
transferred shall sign a receipt for such pistol or revolver, which shall
contain the name and address of such person, the date of sale, the
caliber, make, model and manufacturer's number and a general
description of such pistol or revolver, the identification number of such
person's permit to carry pistols or revolvers, issued pursuant to
subsection (b) of section 29-28, as amended by this act, permit to sell at
retail pistols or revolvers, issued pursuant to subsection (a) of said
section, or eligibility certificate for a pistol or revolver, issued pursuant
to section 29-36f, if any, and the authorization number designated for
the transfer by the Department of Emergency Services and Public
Protection. The person, firm or corporation selling such pistol or
revolver or making delivery or transfer thereof shall (1) give one copy
of the receipt to the person making the purchase of such pistol or
revolver or to whom the same is delivered or transferred, [shall] (2)
retain one copy of the receipt for at least five years, and [shall] (3) send,
by first class mail, or electronically transmit, within forty-eight hours of
such sale, delivery or other transfer, (A) one copy of the receipt to the
Commissioner of Emergency Services and Public Protection, and (B) one
copy of the receipt to the chief of police of the municipality in which the
transferee resides or, where there is no chief of police, the [warden of
the borough or the first selectman of the town, as the case may be, of the
town in which the transferee resides] chief executive officer of the
municipality, as defined in section 7-148, in which the transferee resides
or, if designated by such chief executive officer, the resident state Substitute House Bill No. 5305
Public Act No. 22-102 9 of 11
trooper serving such municipality or a state police officer of the state
police troop having jurisdiction over such municipality.
Sec. 7. Subsection (d) of section 29-37a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(d) No person, firm or corporation may sell, deliver or otherwise
transfer, at retail, any long gun to any person unless such person makes
application on a form prescribed and furnished by the Commissioner of
Emergency Services and Public Protection, which shall be attached by
the transferor to the federal sale or transfer document and filed and
retained by the transferor for at least twenty years or until such
transferor goes out of business. Such application shall be available for
inspection during normal business hours by law enforcement officials.
No such sale, delivery or other transfer of any long gun shall be made
until the person, firm or corporation making such sale, delivery or
transfer has ensured that such application has been completed properly
and has obtained an authorization number from the Commissioner of
Emergency Services and Public Protection for such sale, delivery or
transfer. The Department of Emergency Services and Public Protection
shall make every effort, including performing the national instant
criminal background check, to determine if the applicant is eligible to
receive such long gun. If it is determined that the applicant is ineligible
to receive such long gun, the Commissioner of Emergency Services and
Public Protection shall immediately notify the person, firm or
corporation to whom such application was made and no such long gun
shall be sold, delivered or otherwise transferred to such applicant by
such person, firm or corporation. When any long gun is delivered in
connection with any sale or purchase, such long gun shall be enclosed
in a package, the paper or wrapping of which shall be securely fastened,
and no such long gun when delivered on any sale or purchase shall be
loaded or contain any gunpowder or other explosive or any bullet, ball Substitute House Bill No. 5305
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or shell. Upon the sale, delivery or other transfer of the long gun, the
transferee shall sign in triplicate a receipt for such long gun, which shall
contain the name, address and date and place of birth of such transferee,
the date of such sale, delivery or transfer and the caliber, make, model
and manufacturer's number and a general description thereof. Not later
than twenty-four hours after such sale, delivery or transfer, the
transferor shall send by first class mail or electronically transfer one
receipt to the Commissioner of Emergency Services and Public
Protection and one receipt to the chief of police of the municipality in
which the transferee resides or, where there is no chief of police, the
[warden of the borough or the first selectman, of the town in which the
transferee resides] chief executive officer of the municipality, as defined
in section 7-148, in which the transferee resides or, if designated by such
chief executive officer, the resident state trooper serving such
municipality or a state police officer of the state police troop having
jurisdiction over such municipality, and shall retain one receipt,
together with the original application, for at least five years.
Sec. 8. Subdivision (3) of subsection (f) of section 29-37a of the general
statutes is repealed and the following is substituted in lieu thereof
(Effective July 1, 2022):
(3) Upon the sale, delivery or other transfer of the long gun, the
transferor or transferee shall complete a form, prescribed by the
Commissioner of Emergency Services and Public Protection, that
contains the name and address of the transferor, the name and address
of the transferee, the date and place of birth of such transferee, the
firearm permit or certificate number of the transferee, the firearm permit
or certificate number of the transferor, if any, the date of such sale,
delivery or transfer, the caliber, make, model and manufacturer's
number and a general description of such long gun and the
authorization number provided by the department. Not later than
twenty-four hours after such sale, delivery or transfer, the transferor Substitute House Bill No. 5305
Public Act No. 22-102 11 of 11
shall send by first class mail or electronically transfer one copy of such
form to the Commissioner of Emergency Services and Public Protection
and one copy to the chief of police of the municipality in which the
transferee resides or, where there is no chief of police, the [warden of
the borough or the first selectman, of the town in which the transferee
resides] chief executive officer of the municipality, as defined in section
7-148, in which the transferee resides or, if designated by such chief
executive officer, the resident state trooper serving such municipality or
a state police officer of the state police troop having jurisdiction over
such municipality, and shall retain one copy, for at least five years.
Sec. 9. Subsection (b) of section 29-37g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(b) Not later than thirty days before commencement of a gun show,
the gun show promoter shall [notify the chief of police or, where there
is no chief of police, the warden of the borough or the first selectman of
the town in which the gun show is to take place] provide notice of the
date, time, duration and location of the gun show to (1) the chief of
police of the municipality in which the gun show is to take place, or (2)
where there is no chief of police, the chief executive officer of the
municipality, as defined in section 7-148, in which the gun show is to
take place or, if designated by such chief executive officer, the resident
state trooper serving such municipality or a state police officer of the
state police troop having jurisdiction over such municipality.