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 Section 29-33 of the general statutes is repealed and the 1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