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| 3 | 3 | | LCO No. 3048 1 of 13 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 5415 |
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| 6 | 6 | | February Session, 2022 |
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| 7 | 7 | | LCO No. 3048 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on JUDICIARY |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (JUD) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONCERNING THE TRANSFER OF ASSAULT WEAPONS |
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| 20 | 20 | | AND LARGE CAPACITY MAGAZINES. |
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| 21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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| 22 | 22 | | Assembly convened: |
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| 23 | 23 | | |
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| 24 | 24 | | Section 1. Section 53-202d of the general statutes is repealed and the 1 |
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| 25 | 25 | | following is substituted in lieu thereof (Effective October 1, 2022): 2 |
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| 26 | 26 | | (a) (1) (A) Except as provided in subparagraph (B) of this subdivision, 3 |
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| 27 | 27 | | any person who lawfully possesses an assault weapon, as defined in 4 |
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| 28 | 28 | | subparagraph (A) of subdivision (1) of section 53-202a, prior to October 5 |
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| 29 | 29 | | 1, 1993, shall apply by October 1, 1994, or, if such person is a member of 6 |
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| 30 | 30 | | the military or naval forces of this state or of the United States and is 7 |
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| 31 | 31 | | unable to apply by October 1, 1994, because such member is or was on 8 |
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| 32 | 32 | | official duty outside of this state, shall apply within ninety days of 9 |
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| 33 | 33 | | returning to the state to the Department of Emergency Services and 10 |
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| 34 | 34 | | Public Protection, for a certificate of possession with respect to such 11 |
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| 35 | 35 | | assault weapon. 12 |
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| 36 | 36 | | (B) No person who lawfully possesses an assault weapon pursuant to 13 |
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| 37 | 37 | | subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 14 |
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| 38 | 38 | | required to obtain a certificate of possession pursuant to this subdivision 15 Raised Bill No. 5415 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 3048 2 of 13 |
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| 43 | 43 | | |
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| 44 | 44 | | with respect to an assault weapon used for official duties, except that 16 |
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| 45 | 45 | | any person described in subdivision (2) of subsection (b) of section 53-17 |
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| 46 | 46 | | 202c who purchases an assault weapon, as defined in subparagraph (A) 18 |
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| 47 | 47 | | of subdivision (1) of section 53-202a, for use in the discharge of official 19 |
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| 48 | 48 | | duties who retires or is otherwise separated from service shall apply 20 |
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| 49 | 49 | | within ninety days of such retirement or separation from service to the 21 |
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| 50 | 50 | | Department of Emergency Services and Public Protection for a 22 |
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| 51 | 51 | | certificate of possession with respect to such assault weapon. 23 |
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| 52 | 52 | | (2) (A) Except as provided in subparagraph (B) of this subdivision, 24 |
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| 53 | 53 | | any person who lawfully possesses an assault weapon, as defined in any 25 |
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| 54 | 54 | | provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 26 |
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| 55 | 55 | | section 53-202a, on April 4, 2013, under the provisions of sections 53-27 |
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| 56 | 56 | | 202a to 53-202k, inclusive, in effect on January 1, 2013, or any person 28 |
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| 57 | 57 | | who regains possession of an assault weapon as defined in any 29 |
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| 58 | 58 | | provision of said subparagraphs pursuant to subsection (e) of section 30 |
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| 59 | 59 | | 53-202f, or any person who lawfully purchases a firearm on or after 31 |
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| 60 | 60 | | April 4, 2013, but prior to June 18, 2013, that meets the criteria set forth 32 |
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| 61 | 61 | | in subdivision (3) or (4) of subsection (a) of section 53-202a of the general 33 |
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| 62 | 62 | | statutes, revision of 1958, revised to January 1, 2013, shall apply by 34 |
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| 63 | 63 | | January 1, 2014, or, if such person is a member of the military or naval 35 |
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| 64 | 64 | | forces of this state or of the United States and is unable to apply by 36 |
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| 65 | 65 | | January 1, 2014, because such member is or was on official duty outside 37 |
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| 66 | 66 | | of this state, shall apply within ninety days of returning to the state to 38 |
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| 67 | 67 | | the Department of Emergency Services and Public Protection for a 39 |
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| 68 | 68 | | certificate of possession with respect to such assault weapon. Any 40 |
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| 69 | 69 | | person who lawfully purchases a semiautomatic pistol that is defined as 41 |
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| 70 | 70 | | an assault weapon in any provision of subparagraphs (B) to (F), 42 |
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| 71 | 71 | | inclusive, of subdivision (1) of section 53-202a that the Commissioner of 43 |
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| 72 | 72 | | Emergency Services and Public Protection designates as being designed 44 |
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| 73 | 73 | | expressly for use in target shooting events at the Olympic games 45 |
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| 74 | 74 | | sponsored by the International Olympic Committee pursuant to 46 |
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| 75 | 75 | | regulations adopted under subdivision (4) of subsection (b) of section 47 |
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| 76 | 76 | | 53-202b shall apply within ninety days of such purchase to the 48 |
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| 77 | 77 | | Department of Emergency Services and Public Protection for a 49 Raised Bill No. 5415 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LCO No. 3048 3 of 13 |
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| 82 | 82 | | |
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| 83 | 83 | | certificate of possession with respect to such assault weapon. 50 |
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| 84 | 84 | | (B) No person who lawfully possesses an assault weapon pursuant to 51 |
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| 85 | 85 | | subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 52 |
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| 86 | 86 | | required to obtain a certificate of possession pursuant to this subdivision 53 |
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| 87 | 87 | | with respect to an assault weapon used for official duties, except that 54 |
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| 88 | 88 | | any person described in subdivision (2) of subsection (b) of section 53-55 |
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| 89 | 89 | | 202c who purchases an assault weapon, as defined in any provision of 56 |
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| 90 | 90 | | subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a 57 |
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| 91 | 91 | | for use in the discharge of official duties who retires or is otherwise 58 |
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| 92 | 92 | | separated from service shall apply within ninety days of such retirement 59 |
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| 93 | 93 | | or separation from service to the Department of Emergency Services and 60 |
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| 94 | 94 | | Public Protection for a certificate of possession with respect to such 61 |
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| 95 | 95 | | assault weapon. 62 |
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| 96 | 96 | | (3) Any person who obtained a certificate of possession for an assault 63 |
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| 97 | 97 | | weapon, as defined in subparagraph (A) of subdivision (1) of section 53-64 |
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| 98 | 98 | | 202a, prior to April 5, 2013, that is defined as an assault weapon 65 |
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| 99 | 99 | | pursuant to any provision of subparagraphs (B) to (F), inclusive, of 66 |
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| 100 | 100 | | subdivision (1) of section 53-202a shall be deemed to have obtained a 67 |
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| 101 | 101 | | certificate of possession for such assault weapon for the purposes of 68 |
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| 102 | 102 | | sections 53-202a to 53-202k, inclusive, and shall not be required to obtain 69 |
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| 103 | 103 | | a subsequent certificate of possession for such assault weapon. 70 |
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| 104 | 104 | | (4) The certificate of possession shall contain a description of the 71 |
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| 105 | 105 | | firearm that identifies it uniquely, including all identification marks, the 72 |
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| 106 | 106 | | full name, address, date of birth and thumbprint of the owner, and any 73 |
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| 107 | 107 | | other information as the department may deem appropriate. 74 |
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| 108 | 108 | | (5) The department shall adopt regulations, in accordance with the 75 |
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| 109 | 109 | | provisions of chapter 54, to establish procedures with respect to the 76 |
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| 110 | 110 | | application for and issuance of certificates of possession pursuant to this 77 |
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| 111 | 111 | | section. Notwithstanding the provisions of sections 1-210 and 1-211, the 78 |
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| 112 | 112 | | name and address of a person issued a certificate of possession shall be 79 |
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| 113 | 113 | | confidential and shall not be disclosed, except such records may be 80 |
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| 114 | 114 | | disclosed to (A) law enforcement agencies and employees of the United 81 Raised Bill No. 5415 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LCO No. 3048 4 of 13 |
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| 119 | 119 | | |
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| 120 | 120 | | States Probation Office acting in the performance of their duties and 82 |
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| 121 | 121 | | parole officers within the Department of Correction acting in the 83 |
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| 122 | 122 | | performance of their duties, and (B) the Commissioner of Mental Health 84 |
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| 123 | 123 | | and Addiction Services to carry out the provisions of subsection (c) of 85 |
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| 124 | 124 | | section 17a-500. 86 |
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| 125 | 125 | | (b) (1) No assault weapon, as defined in subparagraph (A) of 87 |
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| 126 | 126 | | subdivision (1) of section 53-202a, possessed pursuant to a certificate of 88 |
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| 127 | 127 | | possession issued under this section may be sold or transferred on or 89 |
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| 128 | 128 | | after January 1, 1994, to any person within this state other than to a 90 |
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| 129 | 129 | | licensed gun dealer, as defined in subsection (f) of section 53-202f, or as 91 |
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| 130 | 130 | | provided in section 53-202e, or as provided in subsection (g) of section 92 |
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| 131 | 131 | | 53-202f, as amended by this act, or by bequest or intestate succession, or, 93 |
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| 132 | 132 | | upon the death of a testator or settlor: (A) To a trust, or (B) from a trust 94 |
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| 133 | 133 | | to a beneficiary who is eligible to possess the assault weapon. 95 |
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| 134 | 134 | | (2) No assault weapon, as defined in any provision of subparagraphs 96 |
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| 135 | 135 | | (B) to (F), inclusive, of subdivision (1) of section 53-202a, possessed 97 |
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| 136 | 136 | | pursuant to a certificate of possession issued under this section may be 98 |
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| 137 | 137 | | sold or transferred on or after April 5, 2013, to any person within this 99 |
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| 138 | 138 | | state other than to a licensed gun dealer, as defined in subsection (f) of 100 |
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| 139 | 139 | | section 53-202f, or as provided in section 53-202e, or as provided in 101 |
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| 140 | 140 | | subsection (g) of section 53-202f, as amended by this act, or by bequest 102 |
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| 141 | 141 | | or intestate succession, or, upon the death of a testator or settlor: (A) To 103 |
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| 142 | 142 | | a trust, or (B) from a trust to a beneficiary who is eligible to possess the 104 |
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| 143 | 143 | | assault weapon. 105 |
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| 144 | 144 | | (c) Any person who obtains title to an assault weapon for which a 106 |
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| 145 | 145 | | certificate of possession has been issued under this section by (1) 107 |
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| 146 | 146 | | transfer pursuant to subsection (g) of section 53-202f, as amended by 108 |
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| 147 | 147 | | this act, or (2) bequest or intestate succession shall, within ninety days 109 |
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| 148 | 148 | | of obtaining title, apply to the Department of Emergency Services and 110 |
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| 149 | 149 | | Public Protection for a certificate of possession as provided in subsection 111 |
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| 150 | 150 | | (a) of this section, render the assault weapon permanently inoperable, 112 |
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| 151 | 151 | | sell the assault weapon to a licensed gun dealer or remove the assault 113 |
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| 152 | 152 | | weapon from the state. 114 Raised Bill No. 5415 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | LCO No. 3048 5 of 13 |
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| 157 | 157 | | |
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| 158 | 158 | | (d) Any person who moves into the state in lawful possession of an 115 |
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| 159 | 159 | | assault weapon, shall, within ninety days, either render the assault 116 |
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| 160 | 160 | | weapon permanently inoperable, sell the assault weapon to a licensed 117 |
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| 161 | 161 | | gun dealer or remove the assault weapon from this state, except that any 118 |
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| 162 | 162 | | person who is a member of the military or naval forces of this state or of 119 |
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| 163 | 163 | | the United States, is in lawful possession of an assault weapon and has 120 |
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| 164 | 164 | | been transferred into the state after October 1, 1994, may, within ninety 121 |
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| 165 | 165 | | days of arriving in the state, apply to the Department of Emergency 122 |
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| 166 | 166 | | Services and Public Protection for a certificate of possession with respect 123 |
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| 167 | 167 | | to such assault weapon. 124 |
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| 168 | 168 | | (e) If an owner of an assault weapon sells or transfers the assault 125 |
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| 169 | 169 | | weapon to a licensed gun dealer, such dealer shall, at the time of 126 |
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| 170 | 170 | | delivery of the assault weapon, execute a certificate of transfer and cause 127 |
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| 171 | 171 | | the certificate of transfer to be mailed or delivered to the Commissioner 128 |
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| 172 | 172 | | of Emergency Services and Public Protection. The certificate of transfer 129 |
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| 173 | 173 | | shall contain: (1) The date of sale or transfer; (2) the name and address 130 |
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| 174 | 174 | | of the seller or transferor and the licensed gun dealer, their Social 131 |
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| 175 | 175 | | Security numbers or motor vehicle operator license numbers, if 132 |
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| 176 | 176 | | applicable; (3) the licensed gun dealer's federal firearms license number 133 |
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| 177 | 177 | | and seller's permit number; (4) a description of the assault weapon, 134 |
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| 178 | 178 | | including the caliber of the assault weapon and its make, model and 135 |
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| 179 | 179 | | serial number; and (5) any other information the commissioner 136 |
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| 180 | 180 | | prescribes. The licensed gun dealer shall present such dealer's motor 137 |
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| 181 | 181 | | vehicle operator's license or Social Security card, federal firearms license 138 |
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| 182 | 182 | | and seller's permit to the seller or transferor for inspection at the time of 139 |
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| 183 | 183 | | purchase or transfer. The Commissioner of Emergency Services and 140 |
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| 184 | 184 | | Public Protection shall maintain a file of all certificates of transfer at the 141 |
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| 185 | 185 | | commissioner's central office. 142 |
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| 186 | 186 | | (f) Any person who has been issued a certificate of possession for an 143 |
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| 187 | 187 | | assault weapon under this section may possess the assault weapon only 144 |
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| 188 | 188 | | under the following conditions: 145 |
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| 189 | 189 | | (1) At that person's residence, place of business or other property 146 |
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| 190 | 190 | | owned by that person, or on property owned by another person with 147 Raised Bill No. 5415 |
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| 191 | 191 | | |
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| 192 | 192 | | |
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| 193 | 193 | | |
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| 194 | 194 | | LCO No. 3048 6 of 13 |
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| 195 | 195 | | |
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| 196 | 196 | | the owner's express permission; 148 |
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| 197 | 197 | | (2) While on the premises of a target range of a public or private club 149 |
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| 198 | 198 | | or organization organized for the purpose of practicing shooting at 150 |
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| 199 | 199 | | targets; 151 |
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| 200 | 200 | | (3) While on a target range which holds a regulatory or business 152 |
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| 201 | 201 | | license for the purpose of practicing shooting at that target range; 153 |
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| 202 | 202 | | (4) While on the premises of a licensed shooting club; 154 |
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| 203 | 203 | | (5) While attending any exhibition, display or educational project 155 |
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| 204 | 204 | | which is about firearms and which is sponsored by, conducted under 156 |
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| 205 | 205 | | the auspices of, or approved by a law enforcement agency or a 157 |
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| 206 | 206 | | nationally or state recognized entity that fosters proficiency in, or 158 |
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| 207 | 207 | | promotes education about, firearms; 159 |
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| 208 | 208 | | (6) While transporting the assault weapon between any of the places 160 |
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| 209 | 209 | | set forth in this subsection, or to any licensed gun dealer, as defined in 161 |
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| 210 | 210 | | subsection (f) of section 53-202f, for servicing or repair pursuant to 162 |
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| 211 | 211 | | subsection (c) of section 53-202f, or for purposes of a transfer pursuant 163 |
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| 212 | 212 | | to subsection (g) of section 53-202f, as amended by this act, provided the 164 |
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| 213 | 213 | | assault weapon is transported as required by section 53-202f, as 165 |
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| 214 | 214 | | amended by this act; 166 |
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| 215 | 215 | | (7) With respect to a nonresident of this state, while transporting a 167 |
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| 216 | 216 | | semiautomatic pistol that is defined as an assault weapon in any 168 |
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| 217 | 217 | | provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 169 |
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| 218 | 218 | | section 53-202a that the Commissioner of Emergency Services and 170 |
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| 219 | 219 | | Public Protection designates as being designed expressly for use in 171 |
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| 220 | 220 | | target shooting events at the Olympic games sponsored by the 172 |
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| 221 | 221 | | International Olympic Committee pursuant to regulations adopted 173 |
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| 222 | 222 | | under subdivision (4) of subsection (b) of section 53-202b, into or 174 |
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| 223 | 223 | | through this state in order to attend any exhibition, display or 175 |
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| 224 | 224 | | educational project described in subdivision (5) of this subsection, or to 176 |
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| 225 | 225 | | participate in a collegiate, Olympic or target pistol shooting competition 177 |
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| 226 | 226 | | in this state which is sponsored by, conducted under the auspices of, or 178 Raised Bill No. 5415 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | |
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| 230 | 230 | | LCO No. 3048 7 of 13 |
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| 231 | 231 | | |
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| 232 | 232 | | approved by a law enforcement agency or a nationally or state 179 |
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| 233 | 233 | | recognized entity that fosters proficiency in, or promotes education 180 |
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| 234 | 234 | | about, firearms, provided (A) such pistol is transported into or through 181 |
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| 235 | 235 | | this state not more than forty-eight hours prior to or after such 182 |
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| 236 | 236 | | exhibition, display, project or competition, (B) such pistol is unloaded 183 |
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| 237 | 237 | | and carried in a locked carrying case and the ammunition for such pistol 184 |
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| 238 | 238 | | is carried in a separate locked container, (C) such nonresident has not 185 |
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| 239 | 239 | | been convicted of a felony in this state or of an offense in another state 186 |
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| 240 | 240 | | that would constitute a felony if committed in this state, and (D) such 187 |
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| 241 | 241 | | nonresident has in his or her possession a pistol permit or firearms 188 |
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| 242 | 242 | | registration card if such permit or card is required for possession of such 189 |
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| 243 | 243 | | pistol under the laws of his or her state of residence. 190 |
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| 244 | 244 | | Sec. 2. Section 53-202f of the general statutes is amended by adding 191 |
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| 245 | 245 | | subsection (g) as follows (Effective October 1, 2022): 192 |
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| 246 | 246 | | (NEW) (g) (1) Any licensed gun dealer, as defined in subsection (f) of 193 |
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| 247 | 247 | | this section, may take possession of any assault weapon from any 194 |
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| 248 | 248 | | person to whom has been issued a certificate of possession for such 195 |
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| 249 | 249 | | weapon pursuant to sections 53-202a to 53-202k, inclusive, for purposes 196 |
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| 250 | 250 | | of transferring such assault weapon to another person pursuant to 197 |
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| 251 | 251 | | subdivision (2) of this subsection. 198 |
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| 252 | 252 | | (2) Any licensed gun dealer may transfer possession of any assault 199 |
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| 253 | 253 | | weapon received pursuant to subdivision (1) of this subsection to a 200 |
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| 254 | 254 | | person who lawfully possesses another assault weapon and to whom 201 |
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| 255 | 255 | | has previously been issued a certificate of possession for such weapon 202 |
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| 256 | 256 | | pursuant to sections 53-202a to 53-202k, inclusive. 203 |
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| 257 | 257 | | (3) Any such transfer shall only be between two persons known to 204 |
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| 258 | 258 | | each other prior to such transfer and pursuant to an agreement between 205 |
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| 259 | 259 | | such persons to transfer specific inventory. 206 |
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| 260 | 260 | | Sec. 3. Section 53-202w of the general statutes is repealed and the 207 |
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| 261 | 261 | | following is substituted in lieu thereof (Effective October 1, 2022): 208 |
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| 262 | 262 | | (a) As used in this section and section 53-202x: 209 Raised Bill No. 5415 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LCO No. 3048 8 of 13 |
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| 267 | 267 | | |
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| 268 | 268 | | (1) "Large capacity magazine" means any firearm magazine, belt, 210 |
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| 269 | 269 | | drum, feed strip or similar device that has the capacity of, or can be 211 |
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| 270 | 270 | | readily restored or converted to accept, more than ten rounds of 212 |
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| 271 | 271 | | ammunition, but does not include: (A) A feeding device that has been 213 |
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| 272 | 272 | | permanently altered so that it cannot accommodate more than ten 214 |
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| 273 | 273 | | rounds of ammunition, (B) a .22 caliber tube ammunition feeding 215 |
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| 274 | 274 | | device, (C) a tubular magazine that is contained in a lever-action 216 |
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| 275 | 275 | | firearm, or (D) a magazine that is permanently inoperable; 217 |
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| 276 | 276 | | (2) "Lawfully possesses", with respect to a large capacity magazine, 218 |
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| 277 | 277 | | means that a person has (A) actual and lawful possession of the large 219 |
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| 278 | 278 | | capacity magazine, (B) constructive possession of the large capacity 220 |
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| 279 | 279 | | magazine pursuant to a lawful purchase of a firearm that contains a 221 |
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| 280 | 280 | | large capacity magazine that was transacted prior to or on April 4, 2013, 222 |
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| 281 | 281 | | regardless of whether the firearm was delivered to the purchaser prior 223 |
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| 282 | 282 | | to or on April 4, 2013, which lawful purchase is evidenced by a writing 224 |
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| 283 | 283 | | sufficient to indicate that (i) a contract for sale was made between the 225 |
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| 284 | 284 | | parties prior to or on April 4, 2013, for the purchase of the firearm, or (ii) 226 |
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| 285 | 285 | | full or partial payment for the firearm was made by the purchaser to the 227 |
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| 286 | 286 | | seller of the firearm prior to or on April 4, 2013, or (C) actual possession 228 |
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| 287 | 287 | | under subparagraph (A) of this subdivision, or constructive possession 229 |
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| 288 | 288 | | under subparagraph (B) of this subdivision, as evidenced by a written 230 |
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| 289 | 289 | | statement made under penalty of false statement on such form as the 231 |
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| 290 | 290 | | Commissioner of Emergency Services and Public Protection prescribes; 232 |
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| 291 | 291 | | and 233 |
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| 292 | 292 | | (3) "Licensed gun dealer" means a person who has a federal firearms 234 |
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| 293 | 293 | | license and a permit to sell firearms pursuant to section 29-28. 235 |
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| 294 | 294 | | (b) Except as provided in this section, on and after April 5, 2013, any 236 |
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| 295 | 295 | | person who, within this state, distributes, imports into this state, keeps 237 |
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| 296 | 296 | | for sale, offers or exposes for sale, or purchases a large capacity 238 |
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| 297 | 297 | | magazine shall be guilty of a class D felony. On and after April 5, 2013, 239 |
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| 298 | 298 | | any person who, within this state, transfers a large capacity magazine, 240 |
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| 299 | 299 | | except as provided in subsection (f) of this section, shall be guilty of a 241 |
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| 300 | 300 | | class D felony. 242 Raised Bill No. 5415 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | |
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| 304 | 304 | | LCO No. 3048 9 of 13 |
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| 305 | 305 | | |
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| 306 | 306 | | (c) Except as provided in this section and section 53-202x: (1) Any 243 |
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| 307 | 307 | | person who possesses a large capacity magazine on or after January 1, 244 |
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| 308 | 308 | | 2014, that was obtained prior to April 5, 2013, shall commit an infraction 245 |
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| 309 | 309 | | and be fined not more than ninety dollars for a first offense and shall be 246 |
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| 310 | 310 | | guilty of a class D felony for any subsequent offense, and (2) any person 247 |
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| 311 | 311 | | who possesses a large capacity magazine on or after January 1, 2014, that 248 |
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| 312 | 312 | | was obtained on or after April 5, 2013, shall be guilty of a class D felony. 249 |
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| 313 | 313 | | (d) A large capacity magazine may be possessed, purchased or 250 |
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| 314 | 314 | | imported by: 251 |
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| 315 | 315 | | (1) The Department of Emergency Services and Public Protection, 252 |
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| 316 | 316 | | police departments, the Department of Correction, the Division of 253 |
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| 317 | 317 | | Criminal Justice, the Department of Motor Vehicles, the Department of 254 |
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| 318 | 318 | | Energy and Environmental Protection or the military or naval forces of 255 |
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| 319 | 319 | | this state or of the United States; 256 |
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| 320 | 320 | | (2) A sworn and duly certified member of an organized police 257 |
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| 321 | 321 | | department, the Division of State Police within the Department of 258 |
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| 322 | 322 | | Emergency Services and Public Protection or the Department of 259 |
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| 323 | 323 | | Correction, a chief inspector or inspector in the Division of Criminal 260 |
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| 324 | 324 | | Justice, a salaried inspector of motor vehicles designated by the 261 |
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| 325 | 325 | | Commissioner of Motor Vehicles, a conservation officer or special 262 |
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| 326 | 326 | | conservation officer appointed by the Commissioner of Energy and 263 |
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| 327 | 327 | | Environmental Protection pursuant to section 26-5, or a constable who 264 |
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| 328 | 328 | | is certified by the Police Officer Standards and Training Council and 265 |
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| 329 | 329 | | appointed by the chief executive authority of a town, city or borough to 266 |
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| 330 | 330 | | perform criminal law enforcement duties, for use by such sworn 267 |
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| 331 | 331 | | member, inspector, officer or constable in the discharge of such sworn 268 |
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| 332 | 332 | | member's, inspector's, officer's or constable's official duties or when off 269 |
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| 333 | 333 | | duty; 270 |
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| 334 | 334 | | (3) A member of the military or naval forces of this state or of the 271 |
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| 335 | 335 | | United States; 272 |
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| 336 | 336 | | (4) A nuclear facility licensed by the United States Nuclear 273 |
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| 337 | 337 | | Regulatory Commission for the purpose of providing security services 274 Raised Bill No. 5415 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | |
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| 341 | 341 | | LCO No. 3048 10 of 13 |
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| 342 | 342 | | |
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| 343 | 343 | | at such facility, or any contractor or subcontractor of such facility for the 275 |
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| 344 | 344 | | purpose of providing security services at such facility; 276 |
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| 345 | 345 | | (5) Any person who is sworn and acts as a policeman on behalf of an 277 |
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| 346 | 346 | | armored car service pursuant to section 29-20 in the discharge of such 278 |
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| 347 | 347 | | person's official duties; or 279 |
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| 348 | 348 | | (6) Any person, firm or corporation engaged in the business of 280 |
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| 349 | 349 | | manufacturing large capacity magazines in this state that manufactures, 281 |
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| 350 | 350 | | purchases, tests or transports large capacity magazines in this state for 282 |
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| 351 | 351 | | sale within this state to persons specified in subdivisions (1) to (5), 283 |
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| 352 | 352 | | inclusive, of this subsection or for sale outside this state, or a federally-284 |
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| 353 | 353 | | licensed firearm manufacturer engaged in the business of 285 |
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| 354 | 354 | | manufacturing firearms or large capacity magazines in this state that 286 |
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| 355 | 355 | | manufactures, purchases, tests or transports firearms or large capacity 287 |
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| 356 | 356 | | magazines in this state for sale within this state to persons specified in 288 |
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| 357 | 357 | | subdivisions (1) to (5), inclusive, of this subsection or for sale outside 289 |
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| 358 | 358 | | this state. 290 |
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| 359 | 359 | | (e) A large capacity magazine may be possessed by: 291 |
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| 360 | 360 | | (1) A licensed gun dealer; 292 |
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| 361 | 361 | | (2) A gunsmith who is in a licensed gun dealer's employ, who 293 |
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| 362 | 362 | | possesses such large capacity magazine for the purpose of servicing or 294 |
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| 363 | 363 | | repairing a lawfully possessed large capacity magazine; 295 |
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| 364 | 364 | | (3) A person, firm, corporation or federally-licensed firearm 296 |
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| 365 | 365 | | manufacturer described in subdivision (6) of subsection (d) of this 297 |
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| 366 | 366 | | section that possesses a large capacity magazine that is lawfully 298 |
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| 367 | 367 | | possessed by another person for the purpose of servicing or repairing 299 |
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| 368 | 368 | | the large capacity magazine; 300 |
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| 369 | 369 | | (4) Any person who has declared possession of the magazine 301 |
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| 370 | 370 | | pursuant to section 53-202x; or 302 |
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| 371 | 371 | | (5) Any person who is the executor or administrator of an estate that 303 |
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| 372 | 372 | | includes a large capacity magazine, or the trustee of a trust that includes 304 Raised Bill No. 5415 |
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| 373 | 373 | | |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LCO No. 3048 11 of 13 |
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| 377 | 377 | | |
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| 378 | 378 | | a large capacity magazine, the possession of which has been declared to 305 |
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| 379 | 379 | | the Department of Emergency Services and Public Protection pursuant 306 |
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| 380 | 380 | | to section 53-202x, which is disposed of as authorized by the Probate 307 |
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| 381 | 381 | | Court, if the disposition is otherwise permitted by this section and 308 |
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| 382 | 382 | | section 53-202x. 309 |
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| 383 | 383 | | (f) Subsection (b) of this section shall not prohibit: 310 |
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| 384 | 384 | | (1) The transfer of a large capacity magazine, the possession of which 311 |
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| 385 | 385 | | has been declared to the Department of Emergency Services and Public 312 |
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| 386 | 386 | | Protection pursuant to section 53-202x, by bequest or intestate 313 |
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| 387 | 387 | | succession, or, upon the death of a testator or settlor: (A) To a trust, or 314 |
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| 388 | 388 | | (B) from a trust to a beneficiary; 315 |
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| 389 | 389 | | (2) The transfer of a large capacity magazine to a police department 316 |
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| 390 | 390 | | or the Department of Emergency Services and Public Protection; 317 |
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| 391 | 391 | | (3) The transfer of a large capacity magazine to a licensed gun dealer 318 |
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| 392 | 392 | | in accordance with section 53-202x; [or] 319 |
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| 393 | 393 | | (4) The transfer of a large capacity magazine prior to October 1, 2013, 320 |
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| 394 | 394 | | from a licensed gun dealer, pawnbroker licensed under section 21-40, or 321 |
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| 395 | 395 | | consignment shop operator, as defined in section 21-39a, to any person 322 |
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| 396 | 396 | | who (A) possessed the large capacity magazine prior to or on April 4, 323 |
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| 397 | 397 | | 2013, (B) placed a firearm that such person legally possessed, with the 324 |
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| 398 | 398 | | large capacity magazine included or attached, in the possession of such 325 |
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| 399 | 399 | | dealer, pawnbroker or operator prior to or on April 4, 2013, pursuant to 326 |
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| 400 | 400 | | an agreement between such person and such dealer, pawnbroker or 327 |
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| 401 | 401 | | operator for the sale of the firearm to a third person, and (C) is eligible 328 |
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| 402 | 402 | | to possess the firearm on the date of such transfer; [.] or 329 |
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| 403 | 403 | | (5) The transfer of a large capacity magazine pursuant to subsection 330 |
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| 404 | 404 | | (g) of this section, the possession of which has been declared to the 331 |
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| 405 | 405 | | Department of Emergency Services and Public Protection pursuant to 332 |
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| 406 | 406 | | section 53-202x. 333 |
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| 407 | 407 | | (g) (1) Any person may transfer a large capacity magazine, the 334 Raised Bill No. 5415 |
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| 408 | 408 | | |
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| 409 | 409 | | |
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| 410 | 410 | | |
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| 411 | 411 | | LCO No. 3048 12 of 13 |
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| 412 | 412 | | |
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| 413 | 413 | | possession of which has been declared to the Department of Emergency 335 |
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| 414 | 414 | | Services and Public Protection pursuant to section 53-202x to a licensed 336 |
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| 415 | 415 | | gun dealer. 337 |
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| 416 | 416 | | (2) A licensed gun dealer who takes possession of a large capacity 338 |
|---|
| 417 | 417 | | magazine pursuant to subdivision (1) of this subsection, may transfer 339 |
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| 418 | 418 | | ownership of such large capacity magazine to a person who lawfully 340 |
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| 419 | 419 | | possesses another large capacity magazine, the possession of which has 341 |
|---|
| 420 | 420 | | been declared to the Department of Emergency Services and Public 342 |
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| 421 | 421 | | Protection pursuant to section 53-202x. 343 |
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| 422 | 422 | | (3) Any such transfer shall only be between two persons known to 344 |
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| 423 | 423 | | each other prior to such transfer and pursuant to an agreement between 345 |
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| 424 | 424 | | such persons to transfer specific inventory. 346 |
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| 425 | 425 | | [(g)] (h) If the court finds that a violation of this section is not of a 347 |
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| 426 | 426 | | serious nature and that the person charged with such violation (1) will 348 |
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| 427 | 427 | | probably not offend in the future, (2) has not previously been convicted 349 |
|---|
| 428 | 428 | | of a violation of this section, and (3) has not previously had a 350 |
|---|
| 429 | 429 | | prosecution under this section suspended pursuant to this subsection, it 351 |
|---|
| 430 | 430 | | may order suspension of prosecution in accordance with the provisions 352 |
|---|
| 431 | 431 | | of subsection (h) of section 29-33. 353 |
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| 432 | 432 | | This act shall take effect as follows and shall amend the following |
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| 433 | 433 | | sections: |
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| 434 | 434 | | |
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| 435 | 435 | | Section 1 October 1, 2022 53-202d |
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| 436 | 436 | | Sec. 2 October 1, 2022 53-202f |
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| 437 | 437 | | Sec. 3 October 1, 2022 53-202w |
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| 438 | 438 | | |
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| 439 | 439 | | Statement of Purpose: |
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| 440 | 440 | | To allow the legal transfer of an assault weapon possessed under a |
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| 441 | 441 | | certificate of possession and large capacity magazines possessed under |
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| 442 | 442 | | a declaration of possession between people who already legally possess |
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| 443 | 443 | | such weapons or magazines. |
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| 444 | 444 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 445 | 445 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 446 | 446 | | underlined.] Raised Bill No. 5415 |
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| 447 | 447 | | |
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| 448 | 448 | | |
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| 449 | 449 | | |
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| 450 | 450 | | LCO No. 3048 13 of 13 |
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| 451 | 451 | | |
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| 452 | 452 | | |
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