Connecticut 2022 Regular Session

Connecticut House Bill HB05416 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 3055 1 of 8
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6	6	General Assembly Raised Bill No. 5416
7	7	February Session, 2022
8	8	LCO No. 3055
9	9
10	10
11	11	Referred to Committee on JUDICIARY
12	12
13	13
14	14	Introduced by:
15	15	(JUD)
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17	17
18	18
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20	20	AN ACT CONCERNING BULK PURCHASES OF PISTOLS AND
21	21	REVOLVERS.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 29-33 of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective from passage): 2
27	27	(a) No person, firm or corporation shall sell, deliver or otherwise 3
28	28	transfer any pistol or revolver to any person who is prohibited from 4
29	29	possessing a pistol or revolver as provided in section 53a-217c. 5
30	30	(b) On and after October 1, 1995, no person may purchase or receive 6
31	31	any pistol or revolver unless such person holds a valid permit to carry a 7
32	32	pistol or revolver issued pursuant to subsection (b) of section 29-28, a 8
33	33	valid permit to sell at retail a pistol or revolver issued pursuant to 9
34	34	subsection (a) of section 29-28 or a valid eligibility certificate for a pistol 10
35	35	or revolver issued pursuant to section 29-36f or is a federal marshal, 11
36	36	parole officer or peace officer. 12
37	37	(c) No person, firm or corporation shall sell, deliver or otherwise 13
38	38	transfer any pistol or revolver except upon written application on a form 14 Raised Bill No. 5416
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40	40
41	41
42	42	LCO No. 3055 2 of 8
43	43
44	44	prescribed and furnished by the Commissioner of Emergency Services 15
45	45	and Public Protection. Such person, firm or corporation shall ensure that 16
46	46	all questions on the application are answered properly prior to releasing 17
47	47	the pistol or revolver and shall retain the application, which shall be 18
48	48	attached to the federal sale or transfer document, for at least twenty 19
49	49	years or until such vendor goes out of business. Such application shall 20
50	50	be available for inspection during normal business hours by law 21
51	51	enforcement officials. No sale, delivery or other transfer of any pistol or 22
52	52	revolver shall be made unless the person making the purchase or to 23
53	53	whom the same is delivered or transferred is personally known to the 24
54	54	person selling such pistol or revolver or making delivery or transfer 25
55	55	thereof or provides evidence of his identity in the form of a motor 26
56	56	vehicle operator's license, identity card issued pursuant to section 1-1h 27
57	57	or valid passport. No sale, delivery or other transfer of any pistol or 28
58	58	revolver shall be made until the person, firm or corporation making 29
59	59	such transfer obtains an authorization number from the Commissioner 30
60	60	of Emergency Services and Public Protection. Said commissioner shall 31
61	61	perform the national instant criminal background check and make a 32
62	62	reasonable effort to determine whether there is any reason that would 33
63	63	prohibit such applicant from possessing a pistol or revolver as provided 34
64	64	in section 53a-217c. If the commissioner determines the existence of such 35
65	65	a reason, the commissioner shall deny the sale and no pistol or revolver 36
66	66	shall be sold, delivered or otherwise transferred by such person, firm or 37
67	67	corporation to such applicant. 38
68	68	(d) No person, firm or corporation shall sell, deliver or otherwise 39
69	69	transfer any pistol or revolver, other than at wholesale, unless such 40
70	70	pistol or revolver is equipped with a reusable trigger lock, gun lock or 41
71	71	gun locking device appropriate for such pistol or revolver, which lock 42
72	72	or device shall be constructed of material sufficiently strong to prevent 43
73	73	it from being easily disabled and have a locking mechanism accessible 44
74	74	by key or by electronic or other mechanical accessory specific to such 45
75	75	lock or device to prevent unauthorized removal. No pistol or revolver 46
76	76	shall be loaded or contain therein any gunpowder or other explosive or 47
77	77	any bullet, ball or shell when such pistol or revolver is sold, delivered 48 Raised Bill No. 5416
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79	79
80	80
81	81	LCO No. 3055 3 of 8
82	82
83	83	or otherwise transferred. 49
84	84	(e) Upon the sale, delivery or other transfer of any pistol or revolver, 50
85	85	the person making the purchase or to whom the same is delivered or 51
86	86	transferred shall sign a receipt for such pistol or revolver, which shall 52
87	87	contain the name and address of such person, the date of sale, the 53
88	88	caliber, make, model and manufacturer's number and a general 54
89	89	description of such pistol or revolver, the identification number of such 55
90	90	person's permit to carry pistols or revolvers, issued pursuant to 56
91	91	subsection (b) of section 29-28, permit to sell at retail pistols or revolvers, 57
92	92	issued pursuant to subsection (a) of said section, or eligibility certificate 58
93	93	for a pistol or revolver, issued pursuant to section 29-36f, if any, and the 59
94	94	authorization number designated for the transfer by the Department of 60
95	95	Emergency Services and Public Protection. The person, firm or 61
96	96	corporation selling such pistol or revolver or making delivery or transfer 62
97	97	thereof shall give one copy of the receipt to the person making the 63
98	98	purchase of such pistol or revolver or to whom the same is delivered or 64
99	99	transferred, shall retain one copy of the receipt for at least five years, 65
100	100	and shall send, by first class mail, or electronically transmit, within 66
101	101	forty-eight hours of such sale, delivery or other transfer, one copy of the 67
102	102	receipt to the Commissioner of Emergency Services and Public 68
103	103	Protection and one copy of the receipt to the chief of police or, where 69
104	104	there is no chief of police, the warden of the borough or the first 70
105	105	selectman of the town, as the case may be, of the town in which the 71
106	106	transferee resides. 72
107	107	(f) (1) Except as provided in subdivision (2) of this subsection, (A) no 73
108	108	person, firm or corporation shall sell, deliver or otherwise transfer more 74
109	109	than one pistol or revolver to any individual during a thirty-day period, 75
110	110	and (B) on and after July 1, 2022, no person, firm or corporation shall 76
111	111	sell, deliver or otherwise transfer a pistol or revolver to any individual 77
112	112	who has purchased a pistol or revolver in the previous thirty days. 78
113	113	(2) The provisions of this subsection shall not apply to (A) a federal, 79
114	114	state, or municipal law enforcement agency purchasing pistols or 80
115	115	revolvers for use by officers in the performance of their law enforcement 81 Raised Bill No. 5416
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117	117
118	118
119	119	LCO No. 3055 4 of 8
120	120
121	121	duties, (B) any firearm legally transferred under the provision of section 82
122	122	29-36k, (C) the exchange of a pistol or revolver purchased by an 83
123	123	individual from a federally licensed firearm dealer for another pistol or 84
124	124	revolver from the same federally licensed firearms dealer within thirty 85
125	125	days of the original transaction, provided that the federally licensed 86
126	126	firearm dealer reports the transaction to the Commissioner of 87
127	127	Emergency Services and Public Protection, or (D) as otherwise provided 88
128	128	in subsection (g) or (h) of this section. 89
129	129	[(f)] (g) The provisions of this section shall not apply to antique pistols 90
130	130	or revolvers. An antique pistol or revolver, for the purposes of this 91
131	131	section, means any pistol or revolver which was manufactured in or 92
132	132	before 1898 and any replica of such pistol or revolver provided such 93
133	133	replica is not designed or redesigned for using rimfire or conventional 94
134	134	centerfire fixed ammunition except rimfire or conventional centerfire 95
135	135	fixed ammunition which is no longer manufactured in the United States 96
136	136	and not readily available in the ordinary channel of commercial trade. 97
137	137	[(g)] (h) The provisions of this section shall not apply to the sale, 98
138	138	delivery or transfer of pistols or revolvers between (1) a federally-99
139	139	licensed firearm manufacturer and a federally-licensed firearm dealer, 100
140	140	(2) a federally-licensed firearm importer and a federally-licensed 101
141	141	firearm dealer, or (3) federally-licensed firearm dealers. 102
142	142	[(h)] (i) If the court finds that a violation of this section is not of a 103
143	143	serious nature and that the person charged with such violation (1) will 104
144	144	probably not offend in the future, (2) has not previously been convicted 105
145	145	of a violation of this section, and (3) has not previously had a 106
146	146	prosecution under this section suspended pursuant to this subsection, 107
147	147	the court may order suspension of prosecution. The court shall not order 108
148	148	suspension of prosecution unless the accused person has acknowledged 109
149	149	that he understands the consequences of the suspension of prosecution. 110
150	150	Any person for whom prosecution is suspended shall agree to the 111
151	151	tolling of any statute of limitations with respect to such violation and to 112
152	152	a waiver of his right to a speedy trial. Such person shall appear in court 113
153	153	and shall be released to the custody of the Court Support Services 114 Raised Bill No. 5416
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155	155
156	156
157	157	LCO No. 3055 5 of 8
158	158
159	159	Division for such period, not exceeding two years, and under such 115
160	160	conditions as the court shall order. If the person refuses to accept, or, 116
161	161	having accepted, violates such conditions, the court shall terminate the 117
162	162	suspension of prosecution and the case shall be brought to trial. If such 118
163	163	person satisfactorily completes his period of probation, he may apply 119
164	164	for dismissal of the charges against him and the court, on finding such 120
165	165	satisfactory completion, shall dismiss such charges. If the person does 121
166	166	not apply for dismissal of the charges against him after satisfactorily 122
167	167	completing his period of probation, the court, upon receipt of a report 123
168	168	submitted by the Court Support Services Division that the person 124
169	169	satisfactorily completed his period of probation, may on its own motion 125
170	170	make a finding of such satisfactory completion and dismiss such 126
171	171	charges. Upon dismissal, all records of such charges shall be erased 127
172	172	pursuant to section 54-142a. An order of the court denying a motion to 128
173	173	dismiss the charges against a person who has completed his period of 129
174	174	probation or terminating the participation of a defendant in such 130
175	175	program shall be a final judgment for purposes of appeal. 131
176	176	[(i)] (j) Any person who violates any provision of this section shall be 132
177	177	guilty of a class C felony for which two years of the sentence imposed 133
178	178	may not be suspended or reduced by the court, and five thousand 134
179	179	dollars of the fine imposed may not be remitted or reduced by the court 135
180	180	unless the court states on the record its reasons for remitting or reducing 136
181	181	such fine, except that any person who sells, delivers or otherwise 137
182	182	transfers a pistol or revolver in violation of the provisions of this section 138
183	183	knowing that such pistol or revolver is stolen or that the manufacturer's 139
184	184	number or other mark of identification on such pistol or revolver has 140
185	185	been altered, removed or obliterated, shall be guilty of a class B felony 141
186	186	for which three years of the sentence imposed may not be suspended or 142
187	187	reduced by the court, and ten thousand dollars of the fine imposed may 143
188	188	not be remitted or reduced by the court unless the court states on the 144
189	189	record its reasons for remitting or reducing such fine, and any pistol or 145
190	190	revolver found in the possession of any person in violation of any 146
191	191	provision of this section shall be forfeited. 147
192	192	Sec. 2. Subsection (e) of section 53-202l of the general statutes is 148 Raised Bill No. 5416
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194	194
195	195
196	196	LCO No. 3055 6 of 8
197	197
198	198	repealed and the following is substituted in lieu thereof (Effective from 149
199	199	passage): 150
200	200	(e) If the court finds that a violation of this section is not of a serious 151
201	201	nature and that the person charged with such violation (1) will probably 152
202	202	not offend in the future, (2) has not previously been convicted of a 153
203	203	violation of this section, and (3) has not previously had a prosecution 154
204	204	under this section suspended pursuant to this subsection, it may order 155
205	205	suspension of prosecution in accordance with the provisions of 156
206	206	subsection [(h)] (i) of section 29-33, as amended by this act. 157
207	207	Sec. 3. Subsection (g) of section 53-202w of the general statutes is 158
208	208	repealed and the following is substituted in lieu thereof (Effective from 159
209	209	passage): 160
210	210	(g) If the court finds that a violation of this section is not of a serious 161
211	211	nature and that the person charged with such violation (1) will probably 162
212	212	not offend in the future, (2) has not previously been convicted of a 163
213	213	violation of this section, and (3) has not previously had a prosecution 164
214	214	under this section suspended pursuant to this subsection, it may order 165
215	215	suspension of prosecution in accordance with the provisions of 166
216	216	subsection [(h)] (i) of section 29-33, as amended by this act. 167
217	217	Sec. 4. Subsection (f) of section 53-206g of the general statutes is 168
218	218	repealed and the following is substituted in lieu thereof (Effective from 169
219	219	passage): 170
220	220	(f) If the court finds that a violation of this section is not of a serious 171
221	221	nature and that the person charged with such violation (1) will probably 172
222	222	not offend in the future, (2) has not previously been convicted of a 173
223	223	violation of this section, and (3) has not previously had a prosecution 174
224	224	under this section suspended pursuant to this subsection, it may order 175
225	225	suspension of prosecution in accordance with the provisions of 176
226	226	subsection [(h)] (i) of section 29-33, as amended by this act. 177
227	227	Sec. 5. Section 54-66a of the 2022 supplement to the general statutes, 178
228	228	as amended by section 171 of public act 21-1 of the June special session, 179 Raised Bill No. 5416
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230	230
231	231
232	232	LCO No. 3055 7 of 8
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234	234	is repealed and the following is substituted in lieu thereof (Effective from 180
235	235	passage): 181
236	236	Any bail bond posted in any criminal proceeding in this state shall be 182
237	237	automatically terminated and released whenever the defendant: (1) Is 183
238	238	granted accelerated rehabilitation pursuant to section 54-56e; (2) is 184
239	239	granted admission to the pretrial alcohol education program pursuant 185
240	240	to section 54-56g; (3) is granted admission to the pretrial family violence 186
241	241	education program pursuant to section 46b-38c; (4) is granted admission 187
242	242	to the pretrial drug education and community service program 188
243	243	pursuant to section 54-56i; (5) has the complaint or information filed 189
244	244	against such defendant dismissed; (6) has the prosecution of the 190
245	245	complaint or information filed against such defendant terminated by 191
246	246	entry of a nolle prosequi; (7) is acquitted; (8) is sentenced by the court 192
247	247	and a stay of such sentence, if any, is lifted; (9) is granted admission to 193
248	248	the pretrial school violence prevention program pursuant to section 54-194
249	249	56j; (10) is charged with a violation of section 29-33, as amended by this 195
250	250	act, 53-202l, as amended by this act, or 53-202w, as amended by this act, 196
251	251	and prosecution has been suspended pursuant to subsection [(h)] (i) of 197
252	252	section 29-33, as amended by this act; (11) is charged with a violation of 198
253	253	section 29-37a and prosecution has been suspended pursuant to 199
254	254	subsection (i) of section 29-37a; (12) is granted admission to the 200
255	255	supervised diversionary program for persons with psychiatric 201
256	256	disabilities, or persons who are veterans, pursuant to section 54-56l; (13) 202
257	257	is granted admission to a diversionary program for young persons 203
258	258	charged with a motor vehicle violation or an alcohol-related offense 204
259	259	pursuant to section 54-56p; (14) is granted admission to the pretrial drug 205
260	260	intervention and community service program pursuant to section 54-206
261	261	56q; or (15) is granted admission to the pretrial impaired driving 207
262	262	intervention program pursuant to section 54-56r. 208
263	263	Sec. 6. Subdivision (8) of section 54-280 of the general statutes is 209
264	264	repealed and the following is substituted in lieu thereof (Effective from 210
265	265	passage): 211
266	266	(8) "Offense committed with a deadly weapon" or "offense" means: 212 Raised Bill No. 5416
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268	268
269	269
270	270	LCO No. 3055 8 of 8
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272	272	(A) A violation of subsection (c) of section 2-1e, subsection (e) of section 213
273	273	29-28, subsections (a) to (e), inclusive, or [(i)] (j) of section 29-33, as 214
274	274	amended by this act, section 29-34, subsection (a) of section 29-35, 215
275	275	section 29-36, 29-36k, 29-37a or 29-37e, subsection (c) of section 29-37g, 216
276	276	section 29-37j, subsection (b), (c) or (g) of section 53-202, section 53-202b, 217
277	277	53-202c, 53-202j, 53-202k, 53-202l, as amended by this act, 53-202aa or 53-218
278	278	206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a, 219
279	279	53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212, 220
280	280	53a-216, 53a-217, 53a-217a, 53a-217b or 53a-217c, or a second or 221
281	281	subsequent violation of section 53-202g; or (B) a violation of any section 222
282	282	of the general statutes which constitutes a felony, as defined in section 223
283	283	53a-25, provided the court makes a finding that, at the time of the 224
284	284	offense, the offender used a deadly weapon, or was armed with and 225
285	285	threatened the use of or displayed or represented by words or conduct 226
286	286	that the offender possessed a deadly weapon; 227
287	287	This act shall take effect as follows and shall amend the following
288	288	sections:
289	289
290	290	Section 1 from passage 29-33
291	291	Sec. 2 from passage 53-202l(e)
292	292	Sec. 3 from passage 53-202w(g)
293	293	Sec. 4 from passage 53-206g(f)
294	294	Sec. 5 from passage 54-66a
295	295	Sec. 6 from passage 54-280(8)
296	296
297	297	Statement of Purpose:
298	298	To limit the purchases an individual may make of pistols and revolvers
299	299	over a short period of time.
300	300	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
301	301	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
302	302	underlined.]
303	303