LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307-R01- HB.docx 1 of 10 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of section 29-28 of the 2022 1 supplement to the general statutes, as amended by section 3 of public 2 act 21-67, are repealed and the following is substituted in lieu thereof 3 (Effective July 1, 2022): 4 (a) No person who sells ten or more pistols or revolvers in a calendar 5 year or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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307- R01-HB.docx } 2 of 10 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307- R01-HB.docx } 3 of 10 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307- R01-HB.docx } 4 of 10 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307- R01-HB.docx } 5 of 10 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307- R01-HB.docx } 6 of 10 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307- R01-HB.docx } 7 of 10 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307- R01-HB.docx } 8 of 10 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307- R01-HB.docx } 9 of 10 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05307- R01-HB.docx } 10 of 10 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.