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General Assembly Raised Bill No. 5415
February Session, 2022
LCO No. 3048
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE TRANSFER OF ASSAULT WEAPONS
AND LARGE CAPACITY MAGAZINES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53-202d of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2022): 2
(a) (1) (A) Except as provided in subparagraph (B) of this subdivision, 3
any person who lawfully possesses an assault weapon, as defined in 4
subparagraph (A) of subdivision (1) of section 53-202a, prior to October 5
1, 1993, shall apply by October 1, 1994, or, if such person is a member of 6
the military or naval forces of this state or of the United States and is 7
unable to apply by October 1, 1994, because such member is or was on 8
official duty outside of this state, shall apply within ninety days of 9
returning to the state to the Department of Emergency Services and 10
Public Protection, for a certificate of possession with respect to such 11
assault weapon. 12
(B) No person who lawfully possesses an assault weapon pursuant to 13
subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 14
required to obtain a certificate of possession pursuant to this subdivision 15 Raised Bill No. 5415
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with respect to an assault weapon used for official duties, except that 16
any person described in subdivision (2) of subsection (b) of section 53-17
202c who purchases an assault weapon, as defined in subparagraph (A) 18
of subdivision (1) of section 53-202a, for use in the discharge of official 19
duties who retires or is otherwise separated from service shall apply 20
within ninety days of such retirement or separation from service to the 21
Department of Emergency Services and Public Protection for a 22
certificate of possession with respect to such assault weapon. 23
(2) (A) Except as provided in subparagraph (B) of this subdivision, 24
any person who lawfully possesses an assault weapon, as defined in any 25
provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 26
section 53-202a, on April 4, 2013, under the provisions of sections 53-27
202a to 53-202k, inclusive, in effect on January 1, 2013, or any person 28
who regains possession of an assault weapon as defined in any 29
provision of said subparagraphs pursuant to subsection (e) of section 30
53-202f, or any person who lawfully purchases a firearm on or after 31
April 4, 2013, but prior to June 18, 2013, that meets the criteria set forth 32
in subdivision (3) or (4) of subsection (a) of section 53-202a of the general 33
statutes, revision of 1958, revised to January 1, 2013, shall apply by 34
January 1, 2014, or, if such person is a member of the military or naval 35
forces of this state or of the United States and is unable to apply by 36
January 1, 2014, because such member is or was on official duty outside 37
of this state, shall apply within ninety days of returning to the state to 38
the Department of Emergency Services and Public Protection for a 39
certificate of possession with respect to such assault weapon. Any 40
person who lawfully purchases a semiautomatic pistol that is defined as 41
an assault weapon in any provision of subparagraphs (B) to (F), 42
inclusive, of subdivision (1) of section 53-202a that the Commissioner of 43
Emergency Services and Public Protection designates as being designed 44
expressly for use in target shooting events at the Olympic games 45
sponsored by the International Olympic Committee pursuant to 46
regulations adopted under subdivision (4) of subsection (b) of section 47
53-202b shall apply within ninety days of such purchase to the 48
Department of Emergency Services and Public Protection for a 49 Raised Bill No. 5415
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certificate of possession with respect to such assault weapon. 50
(B) No person who lawfully possesses an assault weapon pursuant to 51
subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 52
required to obtain a certificate of possession pursuant to this subdivision 53
with respect to an assault weapon used for official duties, except that 54
any person described in subdivision (2) of subsection (b) of section 53-55
202c who purchases an assault weapon, as defined in any provision of 56
subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a 57
for use in the discharge of official duties who retires or is otherwise 58
separated from service shall apply within ninety days of such retirement 59
or separation from service to the Department of Emergency Services and 60
Public Protection for a certificate of possession with respect to such 61
assault weapon. 62
(3) Any person who obtained a certificate of possession for an assault 63
weapon, as defined in subparagraph (A) of subdivision (1) of section 53-64
202a, prior to April 5, 2013, that is defined as an assault weapon 65
pursuant to any provision of subparagraphs (B) to (F), inclusive, of 66
subdivision (1) of section 53-202a shall be deemed to have obtained a 67
certificate of possession for such assault weapon for the purposes of 68
sections 53-202a to 53-202k, inclusive, and shall not be required to obtain 69
a subsequent certificate of possession for such assault weapon. 70
(4) The certificate of possession shall contain a description of the 71
firearm that identifies it uniquely, including all identification marks, the 72
full name, address, date of birth and thumbprint of the owner, and any 73
other information as the department may deem appropriate. 74
(5) The department shall adopt regulations, in accordance with the 75
provisions of chapter 54, to establish procedures with respect to the 76
application for and issuance of certificates of possession pursuant to this 77
section. Notwithstanding the provisions of sections 1-210 and 1-211, the 78
name and address of a person issued a certificate of possession shall be 79
confidential and shall not be disclosed, except such records may be 80
disclosed to (A) law enforcement agencies and employees of the United 81 Raised Bill No. 5415
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States Probation Office acting in the performance of their duties and 82
parole officers within the Department of Correction acting in the 83
performance of their duties, and (B) the Commissioner of Mental Health 84
and Addiction Services to carry out the provisions of subsection (c) of 85
section 17a-500. 86
(b) (1) No assault weapon, as defined in subparagraph (A) of 87
subdivision (1) of section 53-202a, possessed pursuant to a certificate of 88
possession issued under this section may be sold or transferred on or 89
after January 1, 1994, to any person within this state other than to a 90
licensed gun dealer, as defined in subsection (f) of section 53-202f, or as 91
provided in section 53-202e, or as provided in subsection (g) of section 92
53-202f, as amended by this act, or by bequest or intestate succession, or, 93
upon the death of a testator or settlor: (A) To a trust, or (B) from a trust 94
to a beneficiary who is eligible to possess the assault weapon. 95
(2) No assault weapon, as defined in any provision of subparagraphs 96
(B) to (F), inclusive, of subdivision (1) of section 53-202a, possessed 97
pursuant to a certificate of possession issued under this section may be 98
sold or transferred on or after April 5, 2013, to any person within this 99
state other than to a licensed gun dealer, as defined in subsection (f) of 100
section 53-202f, or as provided in section 53-202e, or as provided in 101
subsection (g) of section 53-202f, as amended by this act, or by bequest 102
or intestate succession, or, upon the death of a testator or settlor: (A) To 103
a trust, or (B) from a trust to a beneficiary who is eligible to possess the 104
assault weapon. 105
(c) Any person who obtains title to an assault weapon for which a 106
certificate of possession has been issued under this section by (1) 107
transfer pursuant to subsection (g) of section 53-202f, as amended by 108
this act, or (2) bequest or intestate succession shall, within ninety days 109
of obtaining title, apply to the Department of Emergency Services and 110
Public Protection for a certificate of possession as provided in subsection 111
(a) of this section, render the assault weapon permanently inoperable, 112
sell the assault weapon to a licensed gun dealer or remove the assault 113
weapon from the state. 114 Raised Bill No. 5415
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(d) Any person who moves into the state in lawful possession of an 115
assault weapon, shall, within ninety days, either render the assault 116
weapon permanently inoperable, sell the assault weapon to a licensed 117
gun dealer or remove the assault weapon from this state, except that any 118
person who is a member of the military or naval forces of this state or of 119
the United States, is in lawful possession of an assault weapon and has 120
been transferred into the state after October 1, 1994, may, within ninety 121
days of arriving in the state, apply to the Department of Emergency 122
Services and Public Protection for a certificate of possession with respect 123
to such assault weapon. 124
(e) If an owner of an assault weapon sells or transfers the assault 125
weapon to a licensed gun dealer, such dealer shall, at the time of 126
delivery of the assault weapon, execute a certificate of transfer and cause 127
the certificate of transfer to be mailed or delivered to the Commissioner 128
of Emergency Services and Public Protection. The certificate of transfer 129
shall contain: (1) The date of sale or transfer; (2) the name and address 130
of the seller or transferor and the licensed gun dealer, their Social 131
Security numbers or motor vehicle operator license numbers, if 132
applicable; (3) the licensed gun dealer's federal firearms license number 133
and seller's permit number; (4) a description of the assault weapon, 134
including the caliber of the assault weapon and its make, model and 135
serial number; and (5) any other information the commissioner 136
prescribes. The licensed gun dealer shall present such dealer's motor 137
vehicle operator's license or Social Security card, federal firearms license 138
and seller's permit to the seller or transferor for inspection at the time of 139
purchase or transfer. The Commissioner of Emergency Services and 140
Public Protection shall maintain a file of all certificates of transfer at the 141
commissioner's central office. 142
(f) Any person who has been issued a certificate of possession for an 143
assault weapon under this section may possess the assault weapon only 144
under the following conditions: 145
(1) At that person's residence, place of business or other property 146
owned by that person, or on property owned by another person with 147 Raised Bill No. 5415
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the owner's express permission; 148
(2) While on the premises of a target range of a public or private club 149
or organization organized for the purpose of practicing shooting at 150
targets; 151
(3) While on a target range which holds a regulatory or business 152
license for the purpose of practicing shooting at that target range; 153
(4) While on the premises of a licensed shooting club; 154
(5) While attending any exhibition, display or educational project 155
which is about firearms and which is sponsored by, conducted under 156
the auspices of, or approved by a law enforcement agency or a 157
nationally or state recognized entity that fosters proficiency in, or 158
promotes education about, firearms; 159
(6) While transporting the assault weapon between any of the places 160
set forth in this subsection, or to any licensed gun dealer, as defined in 161
subsection (f) of section 53-202f, for servicing or repair pursuant to 162
subsection (c) of section 53-202f, or for purposes of a transfer pursuant 163
to subsection (g) of section 53-202f, as amended by this act, provided the 164
assault weapon is transported as required by section 53-202f, as 165
amended by this act; 166
(7) With respect to a nonresident of this state, while transporting a 167
semiautomatic pistol that is defined as an assault weapon in any 168
provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 169
section 53-202a that the Commissioner of Emergency Services and 170
Public Protection designates as being designed expressly for use in 171
target shooting events at the Olympic games sponsored by the 172
International Olympic Committee pursuant to regulations adopted 173
under subdivision (4) of subsection (b) of section 53-202b, into or 174
through this state in order to attend any exhibition, display or 175
educational project described in subdivision (5) of this subsection, or to 176
participate in a collegiate, Olympic or target pistol shooting competition 177
in this state which is sponsored by, conducted under the auspices of, or 178 Raised Bill No. 5415
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approved by a law enforcement agency or a nationally or state 179
recognized entity that fosters proficiency in, or promotes education 180
about, firearms, provided (A) such pistol is transported into or through 181
this state not more than forty-eight hours prior to or after such 182
exhibition, display, project or competition, (B) such pistol is unloaded 183
and carried in a locked carrying case and the ammunition for such pistol 184
is carried in a separate locked container, (C) such nonresident has not 185
been convicted of a felony in this state or of an offense in another state 186
that would constitute a felony if committed in this state, and (D) such 187
nonresident has in his or her possession a pistol permit or firearms 188
registration card if such permit or card is required for possession of such 189
pistol under the laws of his or her state of residence. 190
Sec. 2. Section 53-202f of the general statutes is amended by adding 191
subsection (g) as follows (Effective October 1, 2022): 192
(NEW) (g) (1) Any licensed gun dealer, as defined in subsection (f) of 193
this section, may take possession of any assault weapon from any 194
person to whom has been issued a certificate of possession for such 195
weapon pursuant to sections 53-202a to 53-202k, inclusive, for purposes 196
of transferring such assault weapon to another person pursuant to 197
subdivision (2) of this subsection. 198
(2) Any licensed gun dealer may transfer possession of any assault 199
weapon received pursuant to subdivision (1) of this subsection to a 200
person who lawfully possesses another assault weapon and to whom 201
has previously been issued a certificate of possession for such weapon 202
pursuant to sections 53-202a to 53-202k, inclusive. 203
(3) Any such transfer shall only be between two persons known to 204
each other prior to such transfer and pursuant to an agreement between 205
such persons to transfer specific inventory. 206
Sec. 3. Section 53-202w of the general statutes is repealed and the 207
following is substituted in lieu thereof (Effective October 1, 2022): 208
(a) As used in this section and section 53-202x: 209 Raised Bill No. 5415
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(1) "Large capacity magazine" means any firearm magazine, belt, 210
drum, feed strip or similar device that has the capacity of, or can be 211
readily restored or converted to accept, more than ten rounds of 212
ammunition, but does not include: (A) A feeding device that has been 213
permanently altered so that it cannot accommodate more than ten 214
rounds of ammunition, (B) a .22 caliber tube ammunition feeding 215
device, (C) a tubular magazine that is contained in a lever-action 216
firearm, or (D) a magazine that is permanently inoperable; 217
(2) "Lawfully possesses", with respect to a large capacity magazine, 218
means that a person has (A) actual and lawful possession of the large 219
capacity magazine, (B) constructive possession of the large capacity 220
magazine pursuant to a lawful purchase of a firearm that contains a 221
large capacity magazine that was transacted prior to or on April 4, 2013, 222
regardless of whether the firearm was delivered to the purchaser prior 223
to or on April 4, 2013, which lawful purchase is evidenced by a writing 224
sufficient to indicate that (i) a contract for sale was made between the 225
parties prior to or on April 4, 2013, for the purchase of the firearm, or (ii) 226
full or partial payment for the firearm was made by the purchaser to the 227
seller of the firearm prior to or on April 4, 2013, or (C) actual possession 228
under subparagraph (A) of this subdivision, or constructive possession 229
under subparagraph (B) of this subdivision, as evidenced by a written 230
statement made under penalty of false statement on such form as the 231
Commissioner of Emergency Services and Public Protection prescribes; 232
and 233
(3) "Licensed gun dealer" means a person who has a federal firearms 234
license and a permit to sell firearms pursuant to section 29-28. 235
(b) Except as provided in this section, on and after April 5, 2013, any 236
person who, within this state, distributes, imports into this state, keeps 237
for sale, offers or exposes for sale, or purchases a large capacity 238
magazine shall be guilty of a class D felony. On and after April 5, 2013, 239
any person who, within this state, transfers a large capacity magazine, 240
except as provided in subsection (f) of this section, shall be guilty of a 241
class D felony. 242 Raised Bill No. 5415
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(c) Except as provided in this section and section 53-202x: (1) Any 243
person who possesses a large capacity magazine on or after January 1, 244
2014, that was obtained prior to April 5, 2013, shall commit an infraction 245
and be fined not more than ninety dollars for a first offense and shall be 246
guilty of a class D felony for any subsequent offense, and (2) any person 247
who possesses a large capacity magazine on or after January 1, 2014, that 248
was obtained on or after April 5, 2013, shall be guilty of a class D felony. 249
(d) A large capacity magazine may be possessed, purchased or 250
imported by: 251
(1) The Department of Emergency Services and Public Protection, 252
police departments, the Department of Correction, the Division of 253
Criminal Justice, the Department of Motor Vehicles, the Department of 254
Energy and Environmental Protection or the military or naval forces of 255
this state or of the United States; 256
(2) A sworn and duly certified member of an organized police 257
department, the Division of State Police within the Department of 258
Emergency Services and Public Protection or the Department of 259
Correction, a chief inspector or inspector in the Division of Criminal 260
Justice, a salaried inspector of motor vehicles designated by the 261
Commissioner of Motor Vehicles, a conservation officer or special 262
conservation officer appointed by the Commissioner of Energy and 263
Environmental Protection pursuant to section 26-5, or a constable who 264
is certified by the Police Officer Standards and Training Council and 265
appointed by the chief executive authority of a town, city or borough to 266
perform criminal law enforcement duties, for use by such sworn 267
member, inspector, officer or constable in the discharge of such sworn 268
member's, inspector's, officer's or constable's official duties or when off 269
duty; 270
(3) A member of the military or naval forces of this state or of the 271
United States; 272
(4) A nuclear facility licensed by the United States Nuclear 273
Regulatory Commission for the purpose of providing security services 274 Raised Bill No. 5415
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at such facility, or any contractor or subcontractor of such facility for the 275
purpose of providing security services at such facility; 276
(5) Any person who is sworn and acts as a policeman on behalf of an 277
armored car service pursuant to section 29-20 in the discharge of such 278
person's official duties; or 279
(6) Any person, firm or corporation engaged in the business of 280
manufacturing large capacity magazines in this state that manufactures, 281
purchases, tests or transports large capacity magazines in this state for 282
sale within this state to persons specified in subdivisions (1) to (5), 283
inclusive, of this subsection or for sale outside this state, or a federally-284
licensed firearm manufacturer engaged in the business of 285
manufacturing firearms or large capacity magazines in this state that 286
manufactures, purchases, tests or transports firearms or large capacity 287
magazines in this state for sale within this state to persons specified in 288
subdivisions (1) to (5), inclusive, of this subsection or for sale outside 289
this state. 290
(e) A large capacity magazine may be possessed by: 291
(1) A licensed gun dealer; 292
(2) A gunsmith who is in a licensed gun dealer's employ, who 293
possesses such large capacity magazine for the purpose of servicing or 294
repairing a lawfully possessed large capacity magazine; 295
(3) A person, firm, corporation or federally-licensed firearm 296
manufacturer described in subdivision (6) of subsection (d) of this 297
section that possesses a large capacity magazine that is lawfully 298
possessed by another person for the purpose of servicing or repairing 299
the large capacity magazine; 300
(4) Any person who has declared possession of the magazine 301
pursuant to section 53-202x; or 302
(5) Any person who is the executor or administrator of an estate that 303
includes a large capacity magazine, or the trustee of a trust that includes 304 Raised Bill No. 5415
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a large capacity magazine, the possession of which has been declared to 305
the Department of Emergency Services and Public Protection pursuant 306
to section 53-202x, which is disposed of as authorized by the Probate 307
Court, if the disposition is otherwise permitted by this section and 308
section 53-202x. 309
(f) Subsection (b) of this section shall not prohibit: 310
(1) The transfer of a large capacity magazine, the possession of which 311
has been declared to the Department of Emergency Services and Public 312
Protection pursuant to section 53-202x, by bequest or intestate 313
succession, or, upon the death of a testator or settlor: (A) To a trust, or 314
(B) from a trust to a beneficiary; 315
(2) The transfer of a large capacity magazine to a police department 316
or the Department of Emergency Services and Public Protection; 317
(3) The transfer of a large capacity magazine to a licensed gun dealer 318
in accordance with section 53-202x; [or] 319
(4) The transfer of a large capacity magazine prior to October 1, 2013, 320
from a licensed gun dealer, pawnbroker licensed under section 21-40, or 321
consignment shop operator, as defined in section 21-39a, to any person 322
who (A) possessed the large capacity magazine prior to or on April 4, 323
2013, (B) placed a firearm that such person legally possessed, with the 324
large capacity magazine included or attached, in the possession of such 325
dealer, pawnbroker or operator prior to or on April 4, 2013, pursuant to 326
an agreement between such person and such dealer, pawnbroker or 327
operator for the sale of the firearm to a third person, and (C) is eligible 328
to possess the firearm on the date of such transfer; [.] or 329
(5) The transfer of a large capacity magazine pursuant to subsection 330
(g) of this section, the possession of which has been declared to the 331
Department of Emergency Services and Public Protection pursuant to 332
section 53-202x. 333
(g) (1) Any person may transfer a large capacity magazine, the 334 Raised Bill No. 5415
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possession of which has been declared to the Department of Emergency 335
Services and Public Protection pursuant to section 53-202x to a licensed 336
gun dealer. 337
(2) A licensed gun dealer who takes possession of a large capacity 338
magazine pursuant to subdivision (1) of this subsection, may transfer 339
ownership of such large capacity magazine to a person who lawfully 340
possesses another large capacity magazine, the possession of which has 341
been declared to the Department of Emergency Services and Public 342
Protection pursuant to section 53-202x. 343
(3) Any such transfer shall only be between two persons known to 344
each other prior to such transfer and pursuant to an agreement between 345
such persons to transfer specific inventory. 346
[(g)] (h) If the court finds that a violation of this section is not of a 347
serious nature and that the person charged with such violation (1) will 348
probably not offend in the future, (2) has not previously been convicted 349
of a violation of this section, and (3) has not previously had a 350
prosecution under this section suspended pursuant to this subsection, it 351
may order suspension of prosecution in accordance with the provisions 352
of subsection (h) of section 29-33. 353
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 53-202d
Sec. 2 October 1, 2022 53-202f
Sec. 3 October 1, 2022 53-202w
Statement of Purpose:
To allow the legal transfer of an assault weapon possessed under a
certificate of possession and large capacity magazines possessed under
a declaration of possession between people who already legally possess
such weapons or magazines.
[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.] Raised Bill No. 5415
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