Connecticut 2022 2022 Regular Session

Connecticut House Bill HB05307 Comm Sub / Bill

Filed 03/28/2022

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act 21-67, are repealed and the following is substituted in lieu thereof 3 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