LCO No. 2526 1 of 12
General Assembly Raised Bill No. 5307
February Session, 2022
LCO No. 2526
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT CONCERNING THE ROLE OF MUNICIPAL CHIEF EXECUTIVE
OFFICERS IN FIREARM PERMITTING, TAKING OF FINGERPRINTS
FOR CERTAIN OUT-OF-STATE FIREARM PERMIT APPLICANTS AND
SUBMISSION OF PHOTOGRAPHS ACCOMPANYING FIREARM
PERMIT RENEWALS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) and (b) of section 29-28 of the 2022 1
supplement to the general statutes are repealed and the following is 2
substituted in lieu thereof (Effective from passage): 3
(a) No person who sells ten or more pistols or revolvers in a calendar 4
year or is a federally licensed firearm dealer shall advertise, sell, deliver, 5
or offer or expose for sale or delivery, or have in such person's 6
possession with intent to sell or deliver, any pistol or revolver at retail 7
without having a permit therefor issued as provided in this subsection. 8
The chief of police or, where there is no chief of police, the [warden of 9
the borough or the first selectman of the town, as the case may be,] chief 10
executive officer of the municipality, as defined in section 7-148, may, 11
upon the application of any person, issue a permit in such form as may 12
be prescribed by the Commissioner of Emergency Services and Public 13 Raised Bill No. 5307
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Protection for the sale at retail of pistols and revolvers within the 14
jurisdiction of the authority issuing such permit. No permit for the sale 15
at retail of any pistol or revolver shall be issued unless the applicant 16
holds a valid eligibility certificate for a pistol or revolver issued 17
pursuant to section 29-36f or a valid state permit to carry a pistol or 18
revolver issued pursuant to subsection (b) of this section and the 19
applicant submits documentation sufficient to establish that local 20
zoning requirements have been met for the location where the sale is to 21
take place, except that any person selling or exchanging a pistol or 22
revolver for the enhancement of a personal collection or for a hobby or 23
who sells all or part of such person's personal collection of pistols or 24
revolvers shall not be required to submit such documentation for the 25
location where the sale or exchange is to take place. 26
(b) Upon the application of any person having a bona fide permanent 27
residence within the jurisdiction of any such authority, such chief of 28
police [, warden or selectman] or, where there is no chief of police, such 29
chief executive officer may issue a temporary state permit to such 30
person to carry a pistol or revolver within the state, provided such 31
authority shall find that such applicant intends to make no use of any 32
pistol or revolver which such applicant may be permitted to carry under 33
such permit other than a lawful use and that such person is a suitable 34
person to receive such permit. No state or temporary state permit to 35
carry a pistol or revolver shall be issued under this subsection if the 36
applicant (1) has failed to successfully complete a course approved by 37
the Commissioner of Emergency Services and Public Protection in the 38
safety and use of pistols and revolvers including, but not limited to, a 39
safety or training course in the use of pistols and revolvers available to 40
the public offered by a law enforcement agency, a private or public 41
educational institution or a firearms training school, utilizing instructors 42
certified by the National Rifle Association or the Department of Energy 43
and Environmental Protection and a safety or training course in the use 44
of pistols or revolvers conducted by an instructor certified by the state 45
or the National Rifle Association, (2) has been convicted of (A) a felony, 46
or (B) on or after October 1, 1994, a violation of section 21a-279 or section 47 Raised Bill No. 5307
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53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 48
or 53a-181d, (3) has been convicted as delinquent for the commission of 49
a serious juvenile offense, as defined in section 46b-120, (4) has been 50
discharged from custody within the preceding twenty years after 51
having been found not guilty of a crime by reason of mental disease or 52
defect pursuant to section 53a-13, (5) (A) has been confined in a hospital 53
for persons with psychiatric disabilities, as defined in section 17a-495, 54
within the preceding sixty months by order of a probate court, or (B) has 55
been voluntarily admitted on or after October 1, 2013, to a hospital for 56
persons with psychiatric disabilities, as defined in section 17a-495, 57
within the preceding six months for care and treatment of a psychiatric 58
disability and not solely for being an alcohol-dependent person or a 59
drug-dependent person as those terms are defined in section 17a-680, 60
(6) is subject to a restraining or protective order issued by a court in a 61
case involving the use, attempted use or threatened use of physical force 62
against another person, including an ex parte order issued pursuant to 63
section 46b-15 or 46b-16a, (7) is subject to a firearms seizure order issued 64
pursuant to subsection (d) of section 29-38c after notice and hearing, (8) 65
is prohibited from shipping, transporting, possessing or receiving a 66
firearm pursuant to 18 USC 922(g)(4), (9) is an alien illegally or 67
unlawfully in the United States, or (10) is less than twenty-one years of 68
age. Nothing in this section shall require any person who holds a valid 69
permit to carry a pistol or revolver on October 1, 1994, to participate in 70
any additional training in the safety and use of pistols and revolvers. No 71
person may apply for a temporary state permit to carry a pistol or 72
revolver more than once within any twelve-month period, and no 73
temporary state permit to carry a pistol or revolver shall be issued to 74
any person who has applied for such permit more than once within the 75
preceding twelve months. Any person who applies for a temporary state 76
permit to carry a pistol or revolver shall indicate in writing on the 77
application, under penalty of false statement in such manner as the 78
issuing authority prescribes, that such person has not applied for a 79
temporary state permit to carry a pistol or revolver within the past 80
twelve months. Upon issuance of a temporary state permit to carry a 81
pistol or revolver to the applicant, the local authority shall forward the 82 Raised Bill No. 5307
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original application to the commissioner. Not later than sixty days after 83
receiving a temporary state permit, an applicant shall appear at a 84
location designated by the commissioner to receive the state permit. The 85
commissioner may then issue, to any holder of any temporary state 86
permit, a state permit to carry a pistol or revolver within the state. Upon 87
issuance of the state permit, the commissioner shall make available to 88
the permit holder a copy of the law regarding the permit holder's 89
responsibility to report the loss or theft of a firearm and the penalties 90
associated with the failure to comply with such law. Upon issuance of 91
the state permit, the commissioner shall forward a record of such permit 92
to the local authority issuing the temporary state permit. The 93
commissioner shall retain records of all applications, whether approved 94
or denied. The copy of the state permit delivered to the permittee shall 95
be laminated and shall contain a full-face photograph of such permittee. 96
A person holding a state permit issued pursuant to this subsection shall 97
notify the issuing authority within two business days of any change of 98
such person's address. The notification shall include the old address and 99
the new address of such person. 100
Sec. 2. Subsection (b) of section 29-28 of the 2022 supplement to the 101
general statutes, as amended by section 3 of public act 21-67, is repealed 102
and the following is substituted in lieu thereof (Effective June 1, 2022): 103
(b) Upon the application of any person having a bona fide permanent 104
residence within the jurisdiction of any such authority, such chief of 105
police [, warden or selectman] or, where there is no chief of police, such 106
chief executive officer may issue a temporary state permit to such 107
person to carry a pistol or revolver within the state, provided such 108
authority shall find that such applicant intends to make no use of any 109
pistol or revolver which such applicant may be permitted to carry under 110
such permit other than a lawful use and that such person is a suitable 111
person to receive such permit. No state or temporary state permit to 112
carry a pistol or revolver shall be issued under this subsection if the 113
applicant (1) has failed to successfully complete a course approved by 114
the Commissioner of Emergency Services and Public Protection in the 115
safety and use of pistols and revolvers including, but not limited to, a 116 Raised Bill No. 5307
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safety or training course in the use of pistols and revolvers available to 117
the public offered by a law enforcement agency, a private or public 118
educational institution or a firearms training school, utilizing instructors 119
certified by the National Rifle Association or the Department of Energy 120
and Environmental Protection and a safety or training course in the use 121
of pistols or revolvers conducted by an instructor certified by the state 122
or the National Rifle Association, (2) has been convicted of (A) a felony, 123
or (B) a misdemeanor violation of section 21a-279 on or after October 1, 124
2015, or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 125
53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the 126
preceding twenty years, (3) has been convicted as delinquent for the 127
commission of a serious juvenile offense, as defined in section 46b-120, 128
(4) has been discharged from custody within the preceding twenty years 129
after having been found not guilty of a crime by reason of mental disease 130
or defect pursuant to section 53a-13, (5) (A) has been confined in a 131
hospital for persons with psychiatric disabilities, as defined in section 132
17a-495, within the preceding sixty months by order of a probate court, 133
or (B) has been voluntarily admitted on or after October 1, 2013, to a 134
hospital for persons with psychiatric disabilities, as defined in section 135
17a-495, within the preceding six months for care and treatment of a 136
psychiatric disability and not solely for being an alcohol-dependent 137
person or a drug-dependent person as those terms are defined in section 138
17a-680, (6) is subject to a restraining or protective order issued by a 139
court in a case involving the use, attempted use or threatened use of 140
physical force against another person, including an ex parte order 141
issued pursuant to section 46b-15 or 46b-16a, (7) is subject to a firearms 142
seizure order issued prior to June 1, 2022, pursuant to section 29-38c 143
after notice and hearing, or a risk protection order or risk protection 144
investigation order issued on or after June 1, 2022, pursuant to section 145
29-38c, (8) is prohibited from shipping, transporting, possessing or 146
receiving a firearm pursuant to 18 USC 922(g)(4), (9) is an alien illegally 147
or unlawfully in the United States, or (10) is less than twenty-one years 148
of age. Nothing in this section shall require any person who holds a 149
valid permit to carry a pistol or revolver on October 1, 1994, to 150
participate in any additional training in the safety and use of pistols and 151 Raised Bill No. 5307
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revolvers. No person may apply for a temporary state permit to carry a 152
pistol or revolver more than once within any twelve-month period, and 153
no temporary state permit to carry a pistol or revolver shall be issued to 154
any person who has applied for such permit more than once within the 155
preceding twelve months. Any person who applies for a temporary state 156
permit to carry a pistol or revolver shall indicate in writing on the 157
application, under penalty of false statement in such manner as the 158
issuing authority prescribes, that such person has not applied for a 159
temporary state permit to carry a pistol or revolver within the past 160
twelve months. Upon issuance of a temporary state permit to carry a 161
pistol or revolver to the applicant, the local authority shall forward the 162
original application to the commissioner. Not later than sixty days after 163
receiving a temporary state permit, an applicant shall appear at a 164
location designated by the commissioner to receive the state permit. The 165
commissioner may then issue, to any holder of any temporary state 166
permit, a state permit to carry a pistol or revolver within the state. Upon 167
issuance of the state permit, the commissioner shall make available to 168
the permit holder a copy of the law regarding the permit holder's 169
responsibility to report the loss or theft of a firearm and the penalties 170
associated with the failure to comply with such law. Upon issuance of 171
the state permit, the commissioner shall forward a record of such permit 172
to the local authority issuing the temporary state permit. The 173
commissioner shall retain records of all applications, whether approved 174
or denied. The copy of the state permit delivered to the permittee shall 175
be laminated and shall contain a full-face photograph of such permittee. 176
A person holding a state permit issued pursuant to this subsection shall 177
notify the issuing authority within two business days of any change of 178
such person's address. The notification shall include the old address and 179
the new address of such person. 180
Sec. 3. Subsection (a) of section 29-28a of the general statutes is 181
repealed and the following is substituted in lieu thereof (Effective from 182
passage): 183
(a) Requests for temporary state permits under section 29-28, as 184
amended by this act, shall be submitted to the chief of police, or, where 185 Raised Bill No. 5307
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there is no chief of police, to the [warden of the borough or the first 186
selectman of the town, as the case may be] chief executive officer of the 187
municipality, as defined in section 7-148, on application forms 188
prescribed by the Commissioner of Emergency Services and Public 189
Protection. Upon written request by any person for a temporary state 190
permit not on a prescribed application form, or upon request by any 191
person for such application form, the local authority shall supply such 192
forms. When any such request is made in person at the office of the local 193
authority, the local authority shall supply such application form 194
immediately. When any such request is made in any other manner, the 195
local authority shall supply such application form not later than one 196
week after receiving such request. If such application form is not 197
supplied within the time limits required by this section, the request 198
therefor shall constitute a sufficient application. If any local authority 199
fails to supply an application form upon the request of any person, such 200
person may request an application form from the Commissioner of 201
Emergency Services and Public Protection or any barracks of the 202
Division of State Police, and the time limits and procedures set forth in 203
this section for handling requests for such forms shall be applicable. 204
Sec. 4. Subsection (b) of section 29-29 of the general statutes is 205
repealed and the following is substituted in lieu thereof (Effective from 206
passage): 207
(b) The local authority, or the commissioner in the case of an 208
application pursuant to subsection (f) of section 29-28, as amended by 209
this act, shall take the fingerprints of such applicant or conduct any 210
other method of positive identification required by the State Police 211
Bureau of Identification or the Federal Bureau of Investigation, unless 212
the local authority or the commissioner determines that the fingerprints 213
of such applicant have been previously taken and the applicant's 214
identity established, and such applicant presents identification that the 215
local authority or the commissioner verifies as valid. The local authority 216
or the commissioner shall record the date the fingerprints were taken in 217
the applicant's file and, within five business days of such date, shall 218
forward such fingerprints or other positive identifying information to 219 Raised Bill No. 5307
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the State Police Bureau of Identification which shall conduct criminal 220
history records checks in accordance with section 29-17a. 221
Sec. 5. Subsection (f) of section 29-30 of the general statutes is repealed 222
and the following is substituted in lieu thereof (Effective July 1, 2022): 223
(f) The issuing authority shall send a notice of the expiration of a state 224
permit to carry a pistol or revolver, issued pursuant to section 29-28, as 225
amended by this act, to the holder of such permit, by first class mail, not 226
less than ninety days before such expiration, and shall enclose with such 227
notice a form for the renewal of said state permit. The holder of such 228
permit may mail the form for renewal to the issuing authority and the 229
issuing authority shall accept such form as a valid application for 230
renewal, provided the holder (1) completed the form according to 231
instructions provided by the Department of Emergency Services and 232
Public Protection, (2) enclosed the appropriate fee to renew, in 233
accordance with subsection (a) of this section, (3) enclosed a copy of 234
proof of citizenship or legal residency of the holder, (4) enclosed a full-235
face photograph of the holder, [that is either notarized or date stamped,] 236
and (5) is otherwise eligible for such permit pursuant to section 29-28, 237
as amended by this act. A state permit to carry a pistol or revolver, 238
issued pursuant to section 29-28, as amended by this act, shall be valid 239
for a period of ninety days after the expiration date, except this 240
provision shall not apply to any state permit to carry a pistol or revolver 241
which has been revoked or for which revocation is pending, pursuant 242
to section 29-32. 243
Sec. 6. Subsection (e) of section 29-33 of the general statutes is 244
repealed and the following is substituted in lieu thereof (Effective from 245
passage): 246
(e) Upon the sale, delivery or other transfer of any pistol or revolver, 247
the person making the purchase or to whom the same is delivered or 248
transferred shall sign a receipt for such pistol or revolver, which shall 249
contain the name and address of such person, the date of sale, the 250
caliber, make, model and manufacturer's number and a general 251 Raised Bill No. 5307
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description of such pistol or revolver, the identification number of such 252
person's permit to carry pistols or revolvers, issued pursuant to 253
subsection (b) of section 29-28, as amended by this act, permit to sell at 254
retail pistols or revolvers, issued pursuant to subsection (a) of said 255
section, or eligibility certificate for a pistol or revolver, issued pursuant 256
to section 29-36f, if any, and the authorization number designated for 257
the transfer by the Department of Emergency Services and Public 258
Protection. The person, firm or corporation selling such pistol or 259
revolver or making delivery or transfer thereof shall give one copy of 260
the receipt to the person making the purchase of such pistol or revolver 261
or to whom the same is delivered or transferred, shall retain one copy 262
of the receipt for at least five years, and shall send, by first class mail, or 263
electronically transmit, within forty-eight hours of such sale, delivery or 264
other transfer, one copy of the receipt to the Commissioner of 265
Emergency Services and Public Protection and one copy of the receipt 266
to the chief of police or, where there is no chief of police, the [warden of 267
the borough or the first selectman of the town, as the case may be, of the 268
town] chief executive officer of the municipality, as defined in section 7-269
148, in which the transferee resides. 270
Sec. 7. Subsection (d) of section 29-37a of the general statutes is 271
repealed and the following is substituted in lieu thereof (Effective from 272
passage): 273
(d) No person, firm or corporation may sell, deliver or otherwise 274
transfer, at retail, any long gun to any person unless such person makes 275
application on a form prescribed and furnished by the Commissioner of 276
Emergency Services and Public Protection, which shall be attached by 277
the transferor to the federal sale or transfer document and filed and 278
retained by the transferor for at least twenty years or until such 279
transferor goes out of business. Such application shall be available for 280
inspection during normal business hours by law enforcement officials. 281
No such sale, delivery or other transfer of any long gun shall be made 282
until the person, firm or corporation making such sale, delivery or 283
transfer has ensured that such application has been completed properly 284
and has obtained an authorization number from the Commissioner of 285 Raised Bill No. 5307
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Emergency Services and Public Protection for such sale, delivery or 286
transfer. The Department of Emergency Services and Public Protection 287
shall make every effort, including performing the national instant 288
criminal background check, to determine if the applicant is eligible to 289
receive such long gun. If it is determined that the applicant is ineligible 290
to receive such long gun, the Commissioner of Emergency Services and 291
Public Protection shall immediately notify the person, firm or 292
corporation to whom such application was made and no such long gun 293
shall be sold, delivered or otherwise transferred to such applicant by 294
such person, firm or corporation. When any long gun is delivered in 295
connection with any sale or purchase, such long gun shall be enclosed 296
in a package, the paper or wrapping of which shall be securely fastened, 297
and no such long gun when delivered on any sale or purchase shall be 298
loaded or contain any gunpowder or other explosive or any bullet, ball 299
or shell. Upon the sale, delivery or other transfer of the long gun, the 300
transferee shall sign in triplicate a receipt for such long gun, which shall 301
contain the name, address and date and place of birth of such transferee, 302
the date of such sale, delivery or transfer and the caliber, make, model 303
and manufacturer's number and a general description thereof. Not later 304
than twenty-four hours after such sale, delivery or transfer, the 305
transferor shall send by first class mail or electronically transfer one 306
receipt to the Commissioner of Emergency Services and Public 307
Protection and one receipt to the chief of police or, where there is no 308
chief of police, the [warden of the borough or the first selectman, of the 309
town] chief executive officer of the municipality, as defined in section 7-310
148, in which the transferee resides, and shall retain one receipt, together 311
with the original application, for at least five years. 312
Sec. 8. Subdivision (3) of subsection (f) of section 29-37a of the general 313
statutes is repealed and the following is substituted in lieu thereof 314
(Effective from passage): 315
(3) Upon the sale, delivery or other transfer of the long gun, the 316
transferor or transferee shall complete a form, prescribed by the 317
Commissioner of Emergency Services and Public Protection, that 318
contains the name and address of the transferor, the name and address 319 Raised Bill No. 5307
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of the transferee, the date and place of birth of such transferee, the 320
firearm permit or certificate number of the transferee, the firearm permit 321
or certificate number of the transferor, if any, the date of such sale, 322
delivery or transfer, the caliber, make, model and manufacturer's 323
number and a general description of such long gun and the 324
authorization number provided by the department. Not later than 325
twenty-four hours after such sale, delivery or transfer, the transferor 326
shall send by first class mail or electronically transfer one copy of such 327
form to the Commissioner of Emergency Services and Public Protection 328
and one copy to the chief of police or, where there is no chief of police, 329
the [warden of the borough or the first selectman, of the town] chief 330
executive officer of the municipality, as defined in section 7-148, in 331
which the transferee resides, and shall retain one copy, for at least five 332
years. 333
Sec. 9. Subsection (b) of section 29-37g of the general statutes is 334
repealed and the following is substituted in lieu thereof (Effective from 335
passage): 336
(b) Not later than thirty days before commencement of a gun show, 337
the gun show promoter shall notify the chief of police or, where there is 338
no chief of police, the [warden of the borough or the first selectman of 339
the town] chief executive officer of the municipality, as defined in 340
section 7-148, in which the gun show is to take place of the date, time, 341
duration and location of the gun show. 342
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 29-28(a) and (b)
Sec. 2 June 1, 2022 29-28(b)
Sec. 3 from passage 29-28a(a)
Sec. 4 from passage 29-29(b)
Sec. 5 July 1, 2022 29-30(f)
Sec. 6 from passage 29-33(e)
Sec. 7 from passage 29-37a(d)
Sec. 8 from passage 29-37a(f)(3)
Sec. 9 from passage 29-37g(b) Raised Bill No. 5307
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Statement of Purpose:
To specify that a municipal chief executive officer performs certain
functions regarding firearm permits when there is no chief of police,
specify that the Commissioner of Emergency Services and Public
Protection takes the fingerprints of certain out-of-state applicants for a
firearm permit and eliminate the requirement that the photograph
included with a form to renew a firearm permit be notarized or date
stamped.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]