118 | | - | accordance with the provisions of section 11-4a of the general statutes, 83 |
---|
119 | | - | to the joint standing committees of the General Assembly having 84 |
---|
120 | | - | cognizance of matters relating to judiciary and public safety. 85 |
---|
121 | | - | Sec. 5. (Effective from passage) The sum of one million two hundred 86 |
---|
122 | | - | fifty thousand dollars is allocated, in accordance with the provisions of 87 |
---|
123 | | - | special act 21-1, from the federal funds designated for the state pursuant 88 |
---|
124 | | - | to the provisions of section 602 of Subtitle M of Title IX of the American 89 |
---|
125 | | - | Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, to 90 |
---|
126 | | - | the Department of Emergency Services and Public Protection, for the 91 |
---|
127 | | - | fiscal year ending June 30, 2023, to fund a state-wide firearms crimes 92 |
---|
128 | | - | and tracing task force pursuant to section 29-38e of the general statutes, 93 |
---|
129 | | - | as amended by this act. 94 |
---|
130 | | - | Sec. 6. (Effective from passage) The sum of one million two hundred 95 |
---|
131 | | - | fifty thousand dollars is allocated, in accordance with the provisions of 96 |
---|
132 | | - | special act 21-1, from the federal funds designated for the state pursuant 97 |
---|
133 | | - | to the provisions of section 602 of Subtitle M of Title IX of the American 98 |
---|
134 | | - | Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, to 99 |
---|
135 | | - | the Department of Emergency Services and Public Protection, for the 100 |
---|
136 | | - | fiscal year ending June 30, 2024, to fund a state-wide firearms crimes 101 |
---|
137 | | - | and tracing task force pursuant to section 29-38e of the general statutes, 102 |
---|
138 | | - | as amended by this act. 103 |
---|
| 119 | + | LCO No. 703 4 of 52 |
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| 120 | + | |
---|
| 121 | + | received such serial number or other mark of identification. 79 |
---|
| 122 | + | (2) Any person who, prior to January 1, 2023, lawfully possesses a 80 |
---|
| 123 | + | firearm without a serial number or other mark of identification 81 |
---|
| 124 | + | manufactured prior to October 1, 2019, shall apply by January 1, 2023, 82 |
---|
| 125 | + | or, if such person is a member of the military or naval forces of this state 83 |
---|
| 126 | + | or of the United States and is unable to apply by January 1, 2023, because 84 |
---|
| 127 | + | such member is or was on official duty outside of this state, shall apply 85 |
---|
| 128 | + | within ninety days of returning to the state to the Department of 86 |
---|
| 129 | + | Emergency Services and Public Protection to declare possession of such 87 |
---|
| 130 | + | firearm. Such application shall be made on such form or in such manner 88 |
---|
| 131 | + | as the Commissioner of Emergency Services and Public Protection 89 |
---|
| 132 | + | prescribes. 90 |
---|
| 133 | + | (3) Any person who moves into the state in lawful possession of a 91 |
---|
| 134 | + | firearm without a serial number or other mark of identification shall, 92 |
---|
| 135 | + | within ninety days, either (A) obtain a unique serial number or other 93 |
---|
| 136 | + | mark of identification from the department and engrave upon or 94 |
---|
| 137 | + | permanently affix to the firearm such serial number or other mark 95 |
---|
| 138 | + | pursuant to subsection (a) of this section, (B) render such firearm 96 |
---|
| 139 | + | permanently inoperable, (C) sell such firearm to a licensed gun dealer, 97 |
---|
| 140 | + | or (D) remove such firearm from the state, except that any person who 98 |
---|
| 141 | + | is a member of the military or naval forces of this state or of the United 99 |
---|
| 142 | + | States, is in lawful possession of a firearm without a serial number or 100 |
---|
| 143 | + | other mark of identification and has been transferred into the state after 101 |
---|
| 144 | + | January 1, 2023, may, within ninety days of arriving in the state, apply 102 |
---|
| 145 | + | to the Department of Emergency Services and Public Protection to 103 |
---|
| 146 | + | declare possession of such firearm. 104 |
---|
| 147 | + | (4) For purposes of this subsection, "lawfully possesses", with respect 105 |
---|
| 148 | + | to a firearm without a serial number or other mark of identification, 106 |
---|
| 149 | + | means that a person has (A) actual and lawful possession of such 107 |
---|
| 150 | + | firearm, (B) constructive possession of such firearm pursuant to a lawful 108 |
---|
| 151 | + | purchase that was transacted prior to or on the date preceding the 109 |
---|
| 152 | + | effective date of this section, regardless of whether the firearm was 110 |
---|
| 153 | + | Governor's Bill No. 16 |
---|
| 154 | + | |
---|
| 155 | + | |
---|
| 156 | + | |
---|
| 157 | + | LCO No. 703 5 of 52 |
---|
| 158 | + | |
---|
| 159 | + | delivered to the purchaser prior to or on the date preceding the effective 111 |
---|
| 160 | + | date of this section, which lawful purchase is evidenced by a writing 112 |
---|
| 161 | + | sufficient to indicate that (i) a contract for sale was made between the 113 |
---|
| 162 | + | parties prior to or on the date preceding the effective date of this section, 114 |
---|
| 163 | + | for the purchase of the firearm, or (ii) full or partial payment for the 115 |
---|
| 164 | + | firearm was made by the purchaser to the seller of the firearm prior to 116 |
---|
| 165 | + | or on the date preceding the effective date of this section, or (C) actual 117 |
---|
| 166 | + | possession under subparagraph (A) of this subdivision, or constructive 118 |
---|
| 167 | + | possession under subparagraph (B) of this subdivision, as evidenced by 119 |
---|
| 168 | + | a written statement made under penalty of false statement on such form 120 |
---|
| 169 | + | as the Commissioner of Emergency Services and Public Protection 121 |
---|
| 170 | + | prescribes. 122 |
---|
| 171 | + | (5) The department may adopt regulations, in accordance with the 123 |
---|
| 172 | + | provisions of chapter 54, to establish procedures with respect to 124 |
---|
| 173 | + | applications under this subsection. Notwithstanding the provisions of 125 |
---|
| 174 | + | sections 1-210 and 1-211, the name and address of a person who has 126 |
---|
| 175 | + | declared possession of a firearm without a serial number or other mark 127 |
---|
| 176 | + | of identification shall be confidential and shall not be disclosed, except 128 |
---|
| 177 | + | such records may be disclosed to (A) law enforcement agencies and 129 |
---|
| 178 | + | employees of the United States Probation Office acting in the 130 |
---|
| 179 | + | performance of their duties and parole officers within the Department 131 |
---|
| 180 | + | of Correction acting in the performance of their duties, and (B) the 132 |
---|
| 181 | + | Commissioner of Mental Health and Addiction Services to carry out the 133 |
---|
| 182 | + | provisions of subsection (c) of section 17a-500. 134 |
---|
| 183 | + | (6) (A) Except as provided in this subsection, no person within this 135 |
---|
| 184 | + | state shall distribute, import into this state, keep for sale, offer or expose 136 |
---|
| 185 | + | for sale, or purchase a firearm without a serial number or other mark of 137 |
---|
| 186 | + | identification. 138 |
---|
| 187 | + | (B) The provisions of subparagraph (A) of this section shall not apply 139 |
---|
| 188 | + | to the transfer of a firearm without a serial number or other mark of 140 |
---|
| 189 | + | identification (i) the possession of which has been declared to the 141 |
---|
| 190 | + | department pursuant to this section, by bequest or intestate succession, 142 |
---|
| 191 | + | Governor's Bill No. 16 |
---|
| 192 | + | |
---|
| 193 | + | |
---|
| 194 | + | |
---|
| 195 | + | LCO No. 703 6 of 52 |
---|
| 196 | + | |
---|
| 197 | + | or, upon the death of a testator or settlor: (I) To a trust, or (II) from a 143 |
---|
| 198 | + | trust to a beneficiary; or (ii) to a police department or the Department of 144 |
---|
| 199 | + | Emergency Services and Public Protection. 145 |
---|
| 200 | + | (d) The provisions of subsections [(a) and (b)] (a), (b) and (c) of this 146 |
---|
| 201 | + | section shall not apply to the manufacture of a firearm manufactured 147 |
---|
| 202 | + | using an unfinished frame or lower receiver on which a serial number 148 |
---|
| 203 | + | or other mark has been engraved or permanently affixed pursuant to 149 |
---|
| 204 | + | subsection (c) of section 53-206j. 150 |
---|
| 205 | + | [(d)] (e) No person shall transfer to another person any firearm 151 |
---|
| 206 | + | manufactured or possessed in violation of this section. 152 |
---|
| 207 | + | [(e)] (f) The provisions of this section shall not apply to (1) the 153 |
---|
| 208 | + | manufacture of firearms by a federally licensed firearm manufacturer, 154 |
---|
| 209 | + | (2) (A) any antique firearm, as defined in 18 USC 921, as amended from 155 |
---|
| 210 | + | time to time, or (B) any firearm manufactured prior to [the effective date 156 |
---|
| 211 | + | of this section] December 16, 1968, provided such firearm is otherwise 157 |
---|
| 212 | + | lawfully possessed, or (3) delivery or transfer of a firearm to a law 158 |
---|
| 213 | + | enforcement agency. 159 |
---|
| 214 | + | [(f)] (g) No person shall facilitate, aid or abet the manufacture of a 160 |
---|
| 215 | + | firearm (1) by a person or for a person who is otherwise prohibited by 161 |
---|
| 216 | + | law from purchasing or possessing a firearm, or (2) that a person is 162 |
---|
| 217 | + | otherwise prohibited by law from purchasing or possessing. 163 |
---|
| 218 | + | [(g)] (h) If the court finds that a violation of this section is not of a 164 |
---|
| 219 | + | serious nature and that the person charged with such violation (1) will 165 |
---|
| 220 | + | probably not offend in the future, (2) has not previously been convicted 166 |
---|
| 221 | + | of a violation of this section, and (3) has not previously had a 167 |
---|
| 222 | + | prosecution under this section suspended pursuant to this subsection, 168 |
---|
| 223 | + | the court may order suspension of prosecution. The court shall not order 169 |
---|
| 224 | + | suspension of prosecution unless the accused person has acknowledged 170 |
---|
| 225 | + | that he or she understands the consequences of the suspension of 171 |
---|
| 226 | + | prosecution. Any person for whom prosecution is suspended shall agree 172 |
---|
| 227 | + | to the tolling of any statute of limitations with respect to such violation 173 |
---|
| 228 | + | Governor's Bill No. 16 |
---|
| 229 | + | |
---|
| 230 | + | |
---|
| 231 | + | |
---|
| 232 | + | LCO No. 703 7 of 52 |
---|
| 233 | + | |
---|
| 234 | + | and to a waiver of his or her right to a speedy trial. Such person shall 174 |
---|
| 235 | + | appear in court and shall be released to the custody of the Court Support 175 |
---|
| 236 | + | Services Division for such period, not exceeding two years, and under 176 |
---|
| 237 | + | such conditions as the court shall order. If the person refuses to accept, 177 |
---|
| 238 | + | or, having accepted, violates such conditions, the court shall terminate 178 |
---|
| 239 | + | the suspension of prosecution and the case shall be brought to trial. If 179 |
---|
| 240 | + | such person satisfactorily completes such person's period of probation, 180 |
---|
| 241 | + | he or she may apply for dismissal of the charges against such person 181 |
---|
| 242 | + | and the court, on finding such satisfactory completion, shall dismiss 182 |
---|
| 243 | + | such charges. If the person does not apply for dismissal of the charges 183 |
---|
| 244 | + | against such person after satisfactorily completing such person's period 184 |
---|
| 245 | + | of probation, the court, upon receipt of a report submitted by the Court 185 |
---|
| 246 | + | Support Services Division that the person satisfactorily completed such 186 |
---|
| 247 | + | person's period of probation, may on its own motion make a finding of 187 |
---|
| 248 | + | such satisfactory completion and dismiss such charges. Upon dismissal, 188 |
---|
| 249 | + | all records of such charges shall be erased pursuant to section 54-142a. 189 |
---|
| 250 | + | An order of the court denying a motion to dismiss the charges against a 190 |
---|
| 251 | + | person who has completed such person's period of probation or 191 |
---|
| 252 | + | terminating the participation of a defendant in such program shall be a 192 |
---|
| 253 | + | final judgment for purposes of appeal. 193 |
---|
| 254 | + | [(h)] (i) Any person who violates any provision of this section shall 194 |
---|
| 255 | + | be guilty of a class C felony for which two years of the sentence imposed 195 |
---|
| 256 | + | may not be suspended or reduced by the court, and five thousand 196 |
---|
| 257 | + | dollars of the fine imposed may not be remitted or reduced by the court 197 |
---|
| 258 | + | unless the court states on the record its reasons for remitting or reducing 198 |
---|
| 259 | + | such fine, and any firearm found in the possession of any person in 199 |
---|
| 260 | + | violation of any provision of this section shall be forfeited. 200 |
---|
| 261 | + | [(i)] (j) For purposes of this section, "manufacture" means to fabricate 201 |
---|
| 262 | + | or construct a firearm including the initial assembly, "firearm" means 202 |
---|
| 263 | + | firearm, as defined in section 53a-3 and "law enforcement agency" 203 |
---|
| 264 | + | means law enforcement agency, as defined in section 29-1i. 204 |
---|
| 265 | + | Sec. 3. Section 29-35 of the general statutes is repealed and the 205 |
---|
| 266 | + | Governor's Bill No. 16 |
---|
| 267 | + | |
---|
| 268 | + | |
---|
| 269 | + | |
---|
| 270 | + | LCO No. 703 8 of 52 |
---|
| 271 | + | |
---|
| 272 | + | following is substituted in lieu thereof (Effective October 1, 2022): 206 |
---|
| 273 | + | (a) (1) No person shall carry any pistol or revolver upon [his or her] 207 |
---|
| 274 | + | such person's person, except when such person is within the dwelling 208 |
---|
| 275 | + | house or place of business of such person, without a permit to carry the 209 |
---|
| 276 | + | same issued as provided in section 29-28, as amended by this act. 210 |
---|
| 277 | + | (2) No person shall carry any firearm upon such person's person: 211 |
---|
| 278 | + | (A) Within a radius of seventy-five feet of any outside entrance in use 212 |
---|
| 279 | + | as an entry to any polling place or in any corridor, passageway or other 213 |
---|
| 280 | + | approach leading from any such outside entrance to such polling place 214 |
---|
| 281 | + | or in any room opening upon any such corridor, passageway or 215 |
---|
| 282 | + | approach; 216 |
---|
| 283 | + | (B) In any municipal or state building; 217 |
---|
| 284 | + | (C) On any bus, train or ferry operated by a government entity; or 218 |
---|
| 285 | + | (D) If such firearm is shown, displayed or visible, knowingly at any 219 |
---|
| 286 | + | demonstration or knowingly within two hundred fifty feet of the 220 |
---|
| 287 | + | perimeter of any demonstration, except that this subparagraph shall not 221 |
---|
| 288 | + | apply to any person possessing or controlling any firearm 222 |
---|
| 289 | + | independently of such demonstration on private property owned or 223 |
---|
| 290 | + | leased by that person or to any person engaged in justified defense of 224 |
---|
| 291 | + | person pursuant to section 53a-19. 225 |
---|
| 292 | + | (3) The provisions of this subsection shall not apply to the carrying of 226 |
---|
| 293 | + | any pistol or revolver by any: 227 |
---|
| 294 | + | [parole] (A) (i) Parole officer or peace officer of this state, or [any] (ii) 228 |
---|
| 295 | + | parole officer or peace officer of any other state while engaged in the 229 |
---|
| 296 | + | pursuit of official duties; 230 |
---|
| 297 | + | (B) Department of Motor Vehicles inspector appointed under section 231 |
---|
| 298 | + | 14-8 and certified pursuant to section 7-294d; [, or parole officer or peace 232 |
---|
| 299 | + | officer of any other state while engaged in the pursuit of official duties, 233 |
---|
| 300 | + | Governor's Bill No. 16 |
---|
| 301 | + | |
---|
| 302 | + | |
---|
| 303 | + | |
---|
| 304 | + | LCO No. 703 9 of 52 |
---|
| 305 | + | |
---|
| 306 | + | or federal] 234 |
---|
| 307 | + | (C) Federal marshal or federal law enforcement agent; [, or to any 235 |
---|
| 308 | + | member] 236 |
---|
| 309 | + | (D) Member of the armed forces of the United States, as defined in 237 |
---|
| 310 | + | section 27-103, or of the state, as defined in section 27-2, when on duty 238 |
---|
| 311 | + | or going to or from duty; [, or to any member] 239 |
---|
| 312 | + | (E) Member of any military organization when on parade or when 240 |
---|
| 313 | + | going to or from any place of assembly; [, or to the transportation of 241 |
---|
| 314 | + | pistols or revolvers] 242 |
---|
| 315 | + | (F) Person transporting a pistol or revolver as merchandise; [, or to 243 |
---|
| 316 | + | any person transporting any pistol or revolver while] 244 |
---|
| 317 | + | (G) Person transporting a pistol or revolver contained in the package 245 |
---|
| 318 | + | in which [it] the pistol or revolver was originally wrapped at the time of 246 |
---|
| 319 | + | sale and while transporting the same from the place of sale to the 247 |
---|
| 320 | + | purchaser's residence or place of business; [, or to any person] 248 |
---|
| 321 | + | (H) Person transporting a pistol or revolver as part of the process of 249 |
---|
| 322 | + | removing such person's household goods or effects from one place to 250 |
---|
| 323 | + | another; [, or to any person while] 251 |
---|
| 324 | + | (I) Person transporting [any such] a pistol or revolver from such 252 |
---|
| 325 | + | person's place of residence or business to a place or [individual] person 253 |
---|
| 326 | + | where or by whom such pistol or revolver is to be repaired or while 254 |
---|
| 327 | + | returning to such person's place of residence or business after the same 255 |
---|
| 328 | + | has been repaired; [, or to any person] 256 |
---|
| 329 | + | (J) Person transporting a pistol or revolver in or through the state for 257 |
---|
| 330 | + | the purpose of taking part in competitions, taking part in formal pistol 258 |
---|
| 331 | + | or revolver training, repairing such pistol or revolver or attending any 259 |
---|
| 332 | + | meeting or exhibition of an organized collectors' group if such person is 260 |
---|
| 333 | + | a bona fide resident of the United States and is permitted to possess and 261 |
---|
| 334 | + | carry a pistol or revolver in the state or subdivision of the United States 262 |
---|
| 335 | + | Governor's Bill No. 16 |
---|
| 336 | + | |
---|
| 337 | + | |
---|
| 338 | + | |
---|
| 339 | + | LCO No. 703 10 of 52 |
---|
| 340 | + | |
---|
| 341 | + | in which such person resides; [, or to any person] 263 |
---|
| 342 | + | (K) Person transporting a pistol or revolver to and from a testing 264 |
---|
| 343 | + | range at the request of the issuing authority; [, or to any person] or 265 |
---|
| 344 | + | (L) Person transporting an antique pistol or revolver, as defined in 266 |
---|
| 345 | + | section 29-33, as amended by this act. 267 |
---|
| 346 | + | (4) For the purposes of this subsection, (A) "demonstration" means a 268 |
---|
| 347 | + | demonstration, march, rally, vigil, sit-in, protest, picketing or similar 269 |
---|
| 348 | + | public assembly (i) for which a permit has been issued by a federal 270 |
---|
| 349 | + | agency, state agency or local government, or (ii) at which fifteen or more 271 |
---|
| 350 | + | people are in attendance and that is situated in a public place, including, 272 |
---|
| 351 | + | but not limited to, the front, immediate area or parking lot of any store, 273 |
---|
| 352 | + | shop, restaurant, tavern, shopping center or other place of business, any 274 |
---|
| 353 | + | public building, its grounds or surrounding area or any public parking 275 |
---|
| 354 | + | lot, street, right-of-way, sidewalk, public park or other public grounds, 276 |
---|
| 355 | + | (B) "formal pistol or revolver training" means pistol or revolver training 277 |
---|
| 356 | + | at a locally approved or permitted firing range or training facility, and 278 |
---|
| 357 | + | (C) "transporting a pistol or revolver" means transporting a pistol or 279 |
---|
| 358 | + | revolver that is unloaded and, if such pistol or revolver is being 280 |
---|
| 359 | + | transported in a motor vehicle, is not readily accessible or directly 281 |
---|
| 360 | + | accessible from the passenger compartment of the vehicle or, if such 282 |
---|
| 361 | + | pistol or revolver is being transported in a motor vehicle that does not 283 |
---|
| 362 | + | have a compartment separate from the passenger compartment, such 284 |
---|
| 363 | + | pistol or revolver shall be contained in a locked container other than the 285 |
---|
| 364 | + | glove compartment or console. [Nothing in this section shall be 286 |
---|
| 365 | + | construed to prohibit the carrying of a pistol or revolver during formal 287 |
---|
| 366 | + | pistol or revolver training or repair.] 288 |
---|
| 367 | + | (b) The holder of a permit issued pursuant to section 29-28, as 289 |
---|
| 368 | + | amended by this act, shall carry such permit upon one's person while 290 |
---|
| 369 | + | carrying such pistol or revolver. Such holder shall present his or her 291 |
---|
| 370 | + | permit upon the request of a law enforcement officer [who has 292 |
---|
| 371 | + | reasonable suspicion of a crime] for purposes of verification of the 293 |
---|
| 372 | + | Governor's Bill No. 16 |
---|
| 373 | + | |
---|
| 374 | + | |
---|
| 375 | + | |
---|
| 376 | + | LCO No. 703 11 of 52 |
---|
| 377 | + | |
---|
| 378 | + | validity of the permit or identification of the holder, provided such 294 |
---|
| 379 | + | holder is carrying a pistol or revolver that is observed by such law 295 |
---|
| 380 | + | enforcement officer. A municipality may adopt an ordinance specifying 296 |
---|
| 381 | + | that a law enforcement officer may make such a request only if such 297 |
---|
| 382 | + | officer has reasonable suspicion of a crime. 298 |
---|
| 383 | + | Sec. 4. Subdivision (1) of section 53-202a of the general statutes is 299 |
---|
| 384 | + | repealed and the following is substituted in lieu thereof (Effective from 300 |
---|
| 385 | + | passage): 301 |
---|
| 386 | + | (1) "Assault weapon" means: 302 |
---|
| 387 | + | (A) (i) Any selective-fire firearm capable of fully automatic, 303 |
---|
| 388 | + | semiautomatic or burst fire at the option of the user or any of the 304 |
---|
| 389 | + | following specified semiautomatic firearms: Algimec Agmi; Armalite 305 |
---|
| 390 | + | AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance 306 |
---|
| 391 | + | Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty 307 |
---|
| 392 | + | model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; 308 |
---|
| 393 | + | Calico models M-900, M-950 and 100-P; Chartered Industries of 309 |
---|
| 394 | + | Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and 310 |
---|
| 395 | + | Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, 311 |
---|
| 396 | + | FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT -9 and Mini-AT; 312 |
---|
| 397 | + | Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR 313 |
---|
| 398 | + | and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; 314 |
---|
| 399 | + | Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-315 |
---|
| 400 | + | 10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; 316 |
---|
| 401 | + | Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock 317 |
---|
| 402 | + | model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto 318 |
---|
| 403 | + | Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; 319 |
---|
| 404 | + | Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 320 |
---|
| 405 | + | revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and 321 |
---|
| 406 | + | Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol; 322 |
---|
| 407 | + | (ii) A part or combination of parts designed or intended to convert a 323 |
---|
| 408 | + | firearm into an assault weapon, as defined in subparagraph (A)(i) of this 324 |
---|
| 409 | + | Governor's Bill No. 16 |
---|
| 410 | + | |
---|
| 411 | + | |
---|
| 412 | + | |
---|
| 413 | + | LCO No. 703 12 of 52 |
---|
| 414 | + | |
---|
| 415 | + | subdivision, or any combination of parts from which an assault weapon, 325 |
---|
| 416 | + | as defined in subparagraph (A)(i) of this subdivision, may be rapidly 326 |
---|
| 417 | + | assembled if those parts are in the possession or under the control of the 327 |
---|
| 418 | + | same person; 328 |
---|
| 419 | + | (B) Any of the following specified semiautomatic centerfire rifles, or 329 |
---|
| 420 | + | copies or duplicates thereof with the capability of any such rifles, that 330 |
---|
| 421 | + | were in production prior to or on April 4, 2013: (i) AK-47; (ii) AK-74; (iii) 331 |
---|
| 422 | + | AKM; (iv) AKS-74U; (v) ARM; (vi) MAADI AK47; (vii) MAK90; (viii) 332 |
---|
| 423 | + | MISR; (ix) NHM90 and NHM91; (x) Norinco 56, 56S, 84S and 86S; (xi) 333 |
---|
| 424 | + | Poly Technologies AKS and AK47; (xii) SA 85; (xiii) SA 93; (xiv) VEPR; 334 |
---|
| 425 | + | (xv) WASR-10; (xvi) WUM; (xvii) Rock River Arms LAR-47; (xviii) 335 |
---|
| 426 | + | Vector Arms AK-47; (xix) AR-10; (xx) AR-15; (xxi) Bushmaster Carbon 336 |
---|
| 427 | + | 15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster MOE Rifles; 337 |
---|
| 428 | + | (xxii) Colt Match Target Rifles; (xxiii) Armalite M15; (xxiv) Olympic 338 |
---|
| 429 | + | Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles; 339 |
---|
| 430 | + | (xxv) DPMS Tactical Rifles; (xxvi) Smith and Wesson M&P15 Rifles; 340 |
---|
| 431 | + | (xxvii) Rock River Arms LAR-15; (xxviii) Doublestar AR Rifles; (xxix) 341 |
---|
| 432 | + | Barrett REC7; (xxx) Beretta Storm; (xxxi) Calico Liberty 50, 50 Tactical, 342 |
---|
| 433 | + | 100, 100 Tactical, I, I Tactical, II and II Tactical Rifles; (xxxii) Hi-Point 343 |
---|
| 434 | + | Carbine Rifles; (xxxiii) HK-PSG-1; (xxxiv) Kel-Tec Sub-2000, SU Rifles, 344 |
---|
| 435 | + | and RFB; (xxxv) Remington Tactical Rifle Model 7615; (xxxvi) SAR-8, 345 |
---|
| 436 | + | SAR-4800 and SR9; (xxxvii) SLG 95; (xxxviii) SLR 95 or 96; (xxxix) TNW 346 |
---|
| 437 | + | M230 and M2HB; (xl) Vector Arms UZI; (xli) Galil and Galil Sporter; 347 |
---|
| 438 | + | (xlii) Daewoo AR 100 and AR 110C; (xliii) Fabrique Nationale/FN 308 348 |
---|
| 439 | + | Match and L1A1 Sporter; (xliv) HK USC; (xlv) IZHMASH Saiga AK; 349 |
---|
| 440 | + | (xlvi) SIG Sauer 551-A1, 556, 516, 716 and M400 Rifles; (xlvii) Valmet 350 |
---|
| 441 | + | M62S, M71S and M78S; (xlviii) Wilkinson Arms Linda Carbine; and 351 |
---|
| 442 | + | (xlix) Barrett M107A1; 352 |
---|
| 443 | + | (C) Any of the following specified semiautomatic pistols, or copies or 353 |
---|
| 444 | + | duplicates thereof with the capability of any such pistols, that were in 354 |
---|
| 445 | + | production prior to or on April 4, 2013: (i) Centurion 39 AK; (ii) Draco 355 |
---|
| 446 | + | AK-47; (iii) HCR AK-47; (iv) IO Inc. Hellpup AK-47; (v) Mini-Draco AK-356 |
---|
| 447 | + | 47; (vi) Yugo Krebs Krink; (vii) American Spirit AR-15; (viii) Bushmaster 357 |
---|
| 448 | + | Governor's Bill No. 16 |
---|
| 449 | + | |
---|
| 450 | + | |
---|
| 451 | + | |
---|
| 452 | + | LCO No. 703 13 of 52 |
---|
| 453 | + | |
---|
| 454 | + | Carbon 15; (ix) Doublestar Corporation AR; (x) DPMS AR-15; (xi) 358 |
---|
| 455 | + | Olympic Arms AR-15; (xii) Rock River Arms LAR 15; (xiii) Calico 359 |
---|
| 456 | + | Liberty III and III Tactical Pistols; (xiv) Masterpiece Arms MPA Pistols 360 |
---|
| 457 | + | and Velocity Arms VMA Pistols; (xv) Intratec TEC-DC9 and AB-10; (xvi) 361 |
---|
| 458 | + | Colefire Magnum; (xvii) German Sport 522 PK and Chiappa Firearms 362 |
---|
| 459 | + | Mfour-22; (xviii) DSA SA58 PKP FAL; (xix) I.O. Inc. PPS-43C; (xx) Kel-363 |
---|
| 460 | + | Tec PLR-16 Pistol; (xxi) Sig Sauer P516 and P556 Pistols; and (xxii) 364 |
---|
| 461 | + | Thompson TA5 Pistols; 365 |
---|
| 462 | + | (D) Any of the following semiautomatic shotguns, or copies or 366 |
---|
| 463 | + | duplicates thereof with the capability of any such shotguns, that were in 367 |
---|
| 464 | + | production prior to or on April 4, 2013: All IZHMASH Saiga 12 368 |
---|
| 465 | + | Shotguns; 369 |
---|
| 466 | + | (E) Any semiautomatic firearm regardless of whether such firearm is 370 |
---|
| 467 | + | listed in subparagraphs (A) to (D), inclusive, of this subdivision, and 371 |
---|
| 468 | + | regardless of the date such firearm was produced, that meets the 372 |
---|
| 469 | + | following criteria: 373 |
---|
| 470 | + | (i) A semiautomatic, centerfire rifle that has an ability to accept a 374 |
---|
| 471 | + | detachable magazine and has at least one of the following: 375 |
---|
| 472 | + | (I) A folding or telescoping stock; 376 |
---|
| 473 | + | (II) Any grip of the weapon, including a pistol grip, a thumbhole 377 |
---|
| 474 | + | stock, or any other stock, the use of which would allow an individual to 378 |
---|
| 475 | + | grip the weapon, resulting in any finger on the trigger hand in addition 379 |
---|
| 476 | + | to the trigger finger being directly below any portion of the action of the 380 |
---|
| 477 | + | weapon when firing; 381 |
---|
| 478 | + | (III) A forward pistol grip; 382 |
---|
| 479 | + | (IV) A flash suppressor; or 383 |
---|
| 480 | + | (V) A grenade launcher or flare launcher; or 384 |
---|
| 481 | + | (ii) A semiautomatic, centerfire rifle that has a fixed magazine with 385 |
---|
| 482 | + | Governor's Bill No. 16 |
---|
| 483 | + | |
---|
| 484 | + | |
---|
| 485 | + | |
---|
| 486 | + | LCO No. 703 14 of 52 |
---|
| 487 | + | |
---|
| 488 | + | the ability to accept more than ten rounds; or 386 |
---|
| 489 | + | (iii) A semiautomatic, centerfire rifle that has an overall length of less 387 |
---|
| 490 | + | than thirty inches; or 388 |
---|
| 491 | + | (iv) A semiautomatic pistol that has an ability to accept a detachable 389 |
---|
| 492 | + | magazine and has at least one of the following: 390 |
---|
| 493 | + | (I) An ability to accept a detachable ammunition magazine that 391 |
---|
| 494 | + | attaches at some location outside of the pistol grip; 392 |
---|
| 495 | + | (II) A threaded barrel capable of accepting a flash suppressor, 393 |
---|
| 496 | + | forward pistol grip or silencer; 394 |
---|
| 497 | + | (III) A shroud that is attached to, or partially or completely encircles, 395 |
---|
| 498 | + | the barrel and that permits the shooter to fire the firearm without being 396 |
---|
| 499 | + | burned, except a slide that encloses the barrel; or 397 |
---|
| 500 | + | (IV) A second hand grip; or 398 |
---|
| 501 | + | (v) A semiautomatic pistol with a fixed magazine that has the ability 399 |
---|
| 502 | + | to accept more than ten rounds; or 400 |
---|
| 503 | + | (vi) A semiautomatic shotgun that has both of the following: 401 |
---|
| 504 | + | (I) A folding or telescoping stock; and 402 |
---|
| 505 | + | (II) Any grip of the weapon, including a pistol grip, a thumbhole 403 |
---|
| 506 | + | stock, or any other stock, the use of which would allow an individual to 404 |
---|
| 507 | + | grip the weapon, resulting in any finger on the trigger hand in addition 405 |
---|
| 508 | + | to the trigger finger being directly below any portion of the action of the 406 |
---|
| 509 | + | weapon when firing; or 407 |
---|
| 510 | + | (vii) A semiautomatic shotgun that has the ability to accept a 408 |
---|
| 511 | + | detachable magazine; or 409 |
---|
| 512 | + | (viii) A shotgun with a revolving cylinder; or 410 |
---|
| 513 | + | Governor's Bill No. 16 |
---|
| 514 | + | |
---|
| 515 | + | |
---|
| 516 | + | |
---|
| 517 | + | LCO No. 703 15 of 52 |
---|
| 518 | + | |
---|
| 519 | + | (ix) Any semiautomatic firearm that meets the criteria set forth in 411 |
---|
| 520 | + | subdivision (3) or (4) of subsection (a) of section 53-202a of the general 412 |
---|
| 521 | + | statutes, revision of 1958, revised to January 1, 2013; [or] 413 |
---|
| 522 | + | (F) A part or combination of parts designed or intended to convert a 414 |
---|
| 523 | + | firearm into an assault weapon, as defined in any provision of 415 |
---|
| 524 | + | subparagraphs (B) to (E), inclusive, of this subdivision, or any 416 |
---|
| 525 | + | combination of parts from which an assault weapon, as defined in any 417 |
---|
| 526 | + | provision of subparagraphs (B) to (E), inclusive, of this subdivision, may 418 |
---|
| 527 | + | be assembled if those parts are in the possession or under the control of 419 |
---|
| 528 | + | the same person; 420 |
---|
| 529 | + | (G) Any semiautomatic firearm regardless of whether such firearm is 421 |
---|
| 530 | + | listed in subparagraphs (A) to (D), inclusive, of this subdivision, and 422 |
---|
| 531 | + | regardless of the date such firearm was produced, that meets the 423 |
---|
| 532 | + | following criteria: 424 |
---|
| 533 | + | (i) A semiautomatic firearm, other than a pistol, revolver, rifle or 425 |
---|
| 534 | + | shotgun, that has at least one of the following: 426 |
---|
| 535 | + | (I) Any grip of the weapon, including a pistol grip, a thumbhole stock, 427 |
---|
| 536 | + | or any other stock, the use of which would allow an individual to grip 428 |
---|
| 537 | + | the weapon, resulting in any finger on the trigger hand in addition to 429 |
---|
| 538 | + | the trigger finger being directly below any portion of the action of the 430 |
---|
| 539 | + | weapon when firing; 431 |
---|
| 540 | + | (II) An ability to accept a detachable ammunition magazine that 432 |
---|
| 541 | + | attaches at some location outside of the pistol grip; 433 |
---|
| 542 | + | (III) A fixed magazine with the ability to accept more than ten rounds; 434 |
---|
| 543 | + | (IV) A flash suppressor or silencer, or a threaded barrel capable of 435 |
---|
| 544 | + | accepting a flash suppressor or silencer; 436 |
---|
| 545 | + | (V) A shroud that is attached to, or partially or completely encircles, 437 |
---|
| 546 | + | the barrel and that permits the shooter to fire the firearm without being 438 |
---|
| 547 | + | burned, except a slide that encloses the barrel; 439 |
---|
| 548 | + | Governor's Bill No. 16 |
---|
| 549 | + | |
---|
| 550 | + | |
---|
| 551 | + | |
---|
| 552 | + | LCO No. 703 16 of 52 |
---|
| 553 | + | |
---|
| 554 | + | (VI) A second hand grip; or 440 |
---|
| 555 | + | (VII) An arm brace or other stabilizing brace that could allow such 441 |
---|
| 556 | + | firearm to be fired from the shoulder, with or without a strap designed 442 |
---|
| 557 | + | to attach to an individual's arm; 443 |
---|
| 558 | + | (ii) A semiautomatic, rimfire rifle that has an ability to accept a 444 |
---|
| 559 | + | detachable magazine and has at least one of the following: 445 |
---|
| 560 | + | (I) A folding or telescoping stock; 446 |
---|
| 561 | + | (II) Any grip of the weapon, including a pistol grip, a thumbhole 447 |
---|
| 562 | + | stock, or any other stock, the use of which would allow an individual to 448 |
---|
| 563 | + | grip the weapon, resulting in any finger on the trigger hand in addition 449 |
---|
| 564 | + | to the trigger finger being directly below any portion of the action of the 450 |
---|
| 565 | + | weapon when firing; 451 |
---|
| 566 | + | (III) A forward pistol grip; 452 |
---|
| 567 | + | (IV) A flash suppressor; or 453 |
---|
| 568 | + | (V) A grenade launcher or flare launcher; 454 |
---|
| 569 | + | (H) Any semiautomatic firearm that meets the criteria set forth in 455 |
---|
| 570 | + | subdivision (3) or (4) of subsection (a) of section 53-202a of the general 456 |
---|
| 571 | + | statutes, revision of 1958, revised to January 1, 2013, that was legally 457 |
---|
| 572 | + | manufactured prior to September 13, 1994; or 458 |
---|
| 573 | + | (I) A part or combination of parts designed or intended to convert a 459 |
---|
| 574 | + | firearm into an assault weapon, as defined in any provision of 460 |
---|
| 575 | + | subparagraph (G) or (H) of this subdivision, or any combination of parts 461 |
---|
| 576 | + | from which an assault weapon, as defined in any provision of 462 |
---|
| 577 | + | subparagraph (G) or (H) of this subdivision, may be assembled if those 463 |
---|
| 578 | + | parts are in the possession or under the control of the same person; 464 |
---|
| 579 | + | Sec. 5. Subdivision (7) of section 53-202a of the general statutes is 465 |
---|
| 580 | + | repealed and the following is substituted in lieu thereof (Effective from 466 |
---|
| 581 | + | Governor's Bill No. 16 |
---|
| 582 | + | |
---|
| 583 | + | |
---|
| 584 | + | |
---|
| 585 | + | LCO No. 703 17 of 52 |
---|
| 586 | + | |
---|
| 587 | + | passage): 467 |
---|
| 588 | + | (7) "Lawfully possesses" means [,] (A) with respect to an assault 468 |
---|
| 589 | + | weapon described in any provision of subparagraphs (B) to (F), 469 |
---|
| 590 | + | inclusive, of [this] subdivision (1) of this section, [(A)] (i) actual 470 |
---|
| 591 | + | possession that is lawful under sections 53-202b to 53-202k, as amended 471 |
---|
| 592 | + | by this act, [(B)] (ii) constructive possession pursuant to a lawful 472 |
---|
| 593 | + | purchase transacted prior to or on April 4, 2013, regardless of whether 473 |
---|
| 594 | + | the assault weapon was delivered to the purchaser prior to or on April 474 |
---|
| 595 | + | 4, 2013, which lawful purchase is evidenced by a writing sufficient to 475 |
---|
| 596 | + | indicate that [(i)] (I) a contract for sale was made between the parties 476 |
---|
| 597 | + | prior to or on April 4, 2013, for the purchase of the assault weapon, or 477 |
---|
| 598 | + | [(ii)] (II) full or partial payment for the assault weapon was made by the 478 |
---|
| 599 | + | purchaser to the seller of the assault weapon prior to or on April 4, 2013, 479 |
---|
| 600 | + | or [(C)] (iii) actual possession under subparagraph (A)(i) of this 480 |
---|
| 601 | + | subdivision, or constructive possession under subparagraph [(B)] (A)(ii) 481 |
---|
| 602 | + | of this subdivision, as evidenced by a written statement made under 482 |
---|
| 603 | + | penalty of false statement on such form as the Commissioner of 483 |
---|
| 604 | + | Emergency Services and Public Protection prescribes; or 484 |
---|
| 605 | + | (B) With respect to a 2022 assault weapon, (i) actual possession that 485 |
---|
| 606 | + | is lawful under sections 53-202b to 53-202k, inclusive, as amended by 486 |
---|
| 607 | + | this act, (ii) constructive possession pursuant to a lawful purchase 487 |
---|
| 608 | + | transacted prior to the effective date of this section, regardless of 488 |
---|
| 609 | + | whether the assault weapon was delivered to the purchaser prior to the 489 |
---|
| 610 | + | effective date of this section, which lawful purchase is evidenced by a 490 |
---|
| 611 | + | writing sufficient to indicate that (I) a contract for sale was made 491 |
---|
| 612 | + | between the parties prior to the effective date of this section, for the 492 |
---|
| 613 | + | purchase of the assault weapon, or (II) full or partial payment for the 493 |
---|
| 614 | + | assault weapon was made by the purchaser to the seller of the assault 494 |
---|
| 615 | + | weapon prior to the effective date of this section, or (iii) actual 495 |
---|
| 616 | + | possession under subparagraph (B)(i) of this subdivision, or 496 |
---|
| 617 | + | constructive possession under subparagraph (B)(ii) of this subdivision, 497 |
---|
| 618 | + | as evidenced by a written statement made under penalty of false 498 |
---|
| 619 | + | statement on such form as the Commissioner of Emergency Services and 499 |
---|
| 620 | + | Governor's Bill No. 16 |
---|
| 621 | + | |
---|
| 622 | + | |
---|
| 623 | + | |
---|
| 624 | + | LCO No. 703 18 of 52 |
---|
| 625 | + | |
---|
| 626 | + | Public Protection prescribes; 500 |
---|
| 627 | + | Sec. 6. Section 53-202a of the general statutes is amended by adding 501 |
---|
| 628 | + | subdivision (10) as follows (Effective from passage): 502 |
---|
| 629 | + | (NEW) (10) "2022 assault weapon" means an assault weapon 503 |
---|
| 630 | + | described in any provision of subparagraphs (G) to (I), inclusive, of 504 |
---|
| 631 | + | subdivision (1) of this section. 505 |
---|
| 632 | + | Sec. 7. Section 53-202c of the general statutes is repealed and the 506 |
---|
| 633 | + | following is substituted in lieu thereof (Effective from passage): 507 |
---|
| 634 | + | (a) Except as provided in section 53-202e, any person who, within this 508 |
---|
| 635 | + | state, possesses an assault weapon, except as provided in sections 53-509 |
---|
| 636 | + | 202a to 53-202k, inclusive, as amended by this act, and 53-202o, shall be 510 |
---|
| 637 | + | guilty of a class D felony and shall be sentenced to a term of 511 |
---|
| 638 | + | imprisonment of which one year may not be suspended or reduced by 512 |
---|
| 639 | + | the court, except that a first-time violation of this subsection shall be a 513 |
---|
| 640 | + | class A misdemeanor if (1) the person presents proof that such person 514 |
---|
| 641 | + | lawfully possessed the assault weapon (A) prior to October 1, 1993, with 515 |
---|
| 642 | + | respect to an assault weapon described in subparagraph (A) of 516 |
---|
| 643 | + | subdivision (1) of section 53-202a, as amended by this act, or (B) on April 517 |
---|
| 644 | + | 4, 2013, under the provisions of sections 53-202a to 53-202k, inclusive, as 518 |
---|
| 645 | + | amended by this act, in effect on January 1, 2013, with respect to an 519 |
---|
| 646 | + | assault weapon described in any provision of subparagraphs (B) to (F), 520 |
---|
| 647 | + | inclusive, of subdivision (1) of section 53-202a, as amended by this act, 521 |
---|
| 648 | + | and (2) the person has otherwise possessed the assault weapon in 522 |
---|
| 649 | + | compliance with subsection (f) of section 53-202d. 523 |
---|
| 650 | + | (b) The provisions of subsection (a) of this section shall not apply to 524 |
---|
| 651 | + | the possession of assault weapons by: (1) The Department of Emergency 525 |
---|
| 652 | + | Services and Public Protection, police departments, the Department of 526 |
---|
| 653 | + | Correction, the Division of Criminal Justice, the Department of Motor 527 |
---|
| 654 | + | Vehicles, the Department of Energy and Environmental Protection or 528 |
---|
| 655 | + | the military or naval forces of this state or of the United States, (2) a 529 |
---|
| 656 | + | sworn and duly certified member of an organized police department, 530 |
---|
| 657 | + | Governor's Bill No. 16 |
---|
| 658 | + | |
---|
| 659 | + | |
---|
| 660 | + | |
---|
| 661 | + | LCO No. 703 19 of 52 |
---|
| 662 | + | |
---|
| 663 | + | the Division of State Police within the Department of Emergency 531 |
---|
| 664 | + | Services and Public Protection or the Department of Correction, a chief 532 |
---|
| 665 | + | inspector or inspector in the Division of Criminal Justice, a salaried 533 |
---|
| 666 | + | inspector of motor vehicles designated by the Commissioner of Motor 534 |
---|
| 667 | + | Vehicles, a conservation officer or special conservation officer appointed 535 |
---|
| 668 | + | by the Commissioner of Energy and Environmental Protection pursuant 536 |
---|
| 669 | + | to section 26-5, or a constable who is certified by the Police Officer 537 |
---|
| 670 | + | Standards and Training Council and appointed by the chief executive 538 |
---|
| 671 | + | authority of a town, city or borough to perform criminal law 539 |
---|
| 672 | + | enforcement duties, for use by such sworn member, inspector, officer or 540 |
---|
| 673 | + | constable in the discharge of such sworn member's, inspector's, officer's 541 |
---|
| 674 | + | or constable's official duties or when off duty, (3) a member of the 542 |
---|
| 675 | + | military or naval forces of this state or of the United States, or (4) a 543 |
---|
| 676 | + | nuclear facility licensed by the United States Nuclear Regulatory 544 |
---|
| 677 | + | Commission for the purpose of providing security services at such 545 |
---|
| 678 | + | facility, or any contractor or subcontractor of such facility for the 546 |
---|
| 679 | + | purpose of providing security services at such facility. 547 |
---|
| 680 | + | (c) The provisions of subsection (a) of this section shall not apply to 548 |
---|
| 681 | + | the possession of an assault weapon described in subparagraph (A) of 549 |
---|
| 682 | + | subdivision (1) of section 53-202a, as amended by this act, by any person 550 |
---|
| 683 | + | prior to July 1, 1994, if all of the following are applicable: 551 |
---|
| 684 | + | (1) The person is eligible under sections 53-202a to 53-202k, inclusive, 552 |
---|
| 685 | + | as amended by this act, to apply for a certificate of possession for the 553 |
---|
| 686 | + | assault weapon by July 1, 1994; 554 |
---|
| 687 | + | (2) The person lawfully possessed the assault weapon prior to 555 |
---|
| 688 | + | October 1, 1993; and 556 |
---|
| 689 | + | (3) The person is otherwise in compliance with sections 53-202a to 53-557 |
---|
| 690 | + | 202k, inclusive, as amended by this act. 558 |
---|
| 691 | + | (d) The provisions of subsection (a) of this section shall not apply to 559 |
---|
| 692 | + | the possession of an assault weapon described in any provision of 560 |
---|
| 693 | + | subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, 561 |
---|
| 694 | + | Governor's Bill No. 16 |
---|
| 695 | + | |
---|
| 696 | + | |
---|
| 697 | + | |
---|
| 698 | + | LCO No. 703 20 of 52 |
---|
| 699 | + | |
---|
| 700 | + | as amended by this act, by any person prior to April 5, 2013, if all of the 562 |
---|
| 701 | + | following are applicable: 563 |
---|
| 702 | + | (1) The person is eligible under sections 53-202a to 53-202k, inclusive, 564 |
---|
| 703 | + | as amended by this act, to apply for a certificate of possession for the 565 |
---|
| 704 | + | assault weapon by January 1, 2014; 566 |
---|
| 705 | + | (2) The person lawfully possessed the assault weapon on April 4, 567 |
---|
| 706 | + | 2013, under the provisions of sections 53-202a to 53-202k, inclusive, as 568 |
---|
| 707 | + | amended by this act, in effect on January 1, 2013; and 569 |
---|
| 708 | + | (3) The person is otherwise in compliance with sections 53-202a to 53-570 |
---|
| 709 | + | 202k, inclusive, as amended by this act. 571 |
---|
| 710 | + | (e) The provisions of subsection (a) of this section shall not apply to 572 |
---|
| 711 | + | the possession of a 2022 assault weapon by any person prior to January 573 |
---|
| 712 | + | 1, 2023, if all of the following are applicable: 574 |
---|
| 713 | + | (1) The person is eligible under sections 53-202a to 53-202k, inclusive, 575 |
---|
| 714 | + | as amended by this act, to apply for a certificate of possession for the 576 |
---|
| 715 | + | assault weapon by January 1, 2023; 577 |
---|
| 716 | + | (2) The person lawfully possessed the assault weapon on the date 578 |
---|
| 717 | + | immediately preceding the effective date of this section, under the 579 |
---|
| 718 | + | provisions of sections 53-202a to 53-202k, inclusive, as amended by this 580 |
---|
| 719 | + | act, and section 53-202m, in effect on January 1, 2022; and 581 |
---|
| 720 | + | (3) The person is otherwise in compliance with sections 53-202a to 53-582 |
---|
| 721 | + | 202k, inclusive, as amended by this act. 583 |
---|
| 722 | + | [(e)] (f) The provisions of subsection (a) of this section shall not apply 584 |
---|
| 723 | + | to a person who is the executor or administrator of an estate that 585 |
---|
| 724 | + | includes an assault weapon, or the trustee of a trust that includes an 586 |
---|
| 725 | + | assault weapon, for which a certificate of possession has been issued 587 |
---|
| 726 | + | under section 53-202d, as amended by this act, if the assault weapon is 588 |
---|
| 727 | + | possessed at a place set forth in subdivision (1) of subsection (f) of 589 |
---|
| 728 | + | section 53-202d or as authorized by the Probate Court. 590 |
---|
| 729 | + | Governor's Bill No. 16 |
---|
| 730 | + | |
---|
| 731 | + | |
---|
| 732 | + | |
---|
| 733 | + | LCO No. 703 21 of 52 |
---|
| 734 | + | |
---|
| 735 | + | [(f)] (g) The provisions of subsection (a) of this section shall not apply 591 |
---|
| 736 | + | to the possession of a semiautomatic pistol that is defined as an assault 592 |
---|
| 737 | + | weapon in any provision of subparagraphs (B) to (F), inclusive, of 593 |
---|
| 738 | + | subdivision (1) of section 53-202a, as amended by this act, that the 594 |
---|
| 739 | + | Commissioner of Emergency Services and Public Protection designates 595 |
---|
| 740 | + | as being designed expressly for use in target shooting events at the 596 |
---|
| 741 | + | Olympic games sponsored by the International Olympic Committee 597 |
---|
| 742 | + | pursuant to regulations adopted under subdivision (4) of subsection (b) 598 |
---|
| 743 | + | of section 53-202b that is (1) possessed and transported in accordance 599 |
---|
| 744 | + | with subsection (f) of section 53-202d, or (2) possessed at or transported 600 |
---|
| 745 | + | to or from a collegiate, Olympic or target pistol shooting competition in 601 |
---|
| 746 | + | this state which is sponsored by, conducted under the auspices of, or 602 |
---|
| 747 | + | approved by a law enforcement agency or a nationally or state 603 |
---|
| 748 | + | recognized entity that fosters proficiency in, or promotes education 604 |
---|
| 749 | + | about, firearms, provided such pistol is transported in the manner 605 |
---|
| 750 | + | prescribed in subsection (a) of section 53-202f. 606 |
---|
| 751 | + | Sec. 8. Subsections (a) and (b) of section 53-202d of the general 607 |
---|
| 752 | + | statutes are repealed and the following is substituted in lieu thereof 608 |
---|
| 753 | + | (Effective July 1, 2022): 609 |
---|
| 754 | + | (a) (1) (A) Except as provided in subparagraph (B) of this subdivision, 610 |
---|
| 755 | + | any person who lawfully possesses an assault weapon, as defined in 611 |
---|
| 756 | + | subparagraph (A) of subdivision (1) of section 53-202a, as amended by 612 |
---|
| 757 | + | this act, prior to October 1, 1993, shall apply by October 1, 1994, or, if 613 |
---|
| 758 | + | such person is a member of the military or naval forces of this state or of 614 |
---|
| 759 | + | the United States and is unable to apply by October 1, 1994, because such 615 |
---|
| 760 | + | member is or was on official duty outside of this state, shall apply within 616 |
---|
| 761 | + | ninety days of returning to the state to the Department of Emergency 617 |
---|
| 762 | + | Services and Public Protection, for a certificate of possession with 618 |
---|
| 763 | + | respect to such assault weapon. 619 |
---|
| 764 | + | (B) No person who lawfully possesses an assault weapon pursuant to 620 |
---|
| 765 | + | subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 621 |
---|
| 766 | + | by this act, shall be required to obtain a certificate of possession 622 |
---|
| 767 | + | Governor's Bill No. 16 |
---|
| 768 | + | |
---|
| 769 | + | |
---|
| 770 | + | |
---|
| 771 | + | LCO No. 703 22 of 52 |
---|
| 772 | + | |
---|
| 773 | + | pursuant to this subdivision with respect to an assault weapon used for 623 |
---|
| 774 | + | official duties, except that any person described in subdivision (2) of 624 |
---|
| 775 | + | subsection (b) of section 53-202c, as amended by this act, who purchases 625 |
---|
| 776 | + | an assault weapon, as defined in subparagraph (A) of subdivision (1) of 626 |
---|
| 777 | + | section 53-202a, as amended by this act, for use in the discharge of 627 |
---|
| 778 | + | official duties who retires or is otherwise separated from service shall 628 |
---|
| 779 | + | apply within ninety days of such retirement or separation from service 629 |
---|
| 780 | + | to the Department of Emergency Services and Public Protection for a 630 |
---|
| 781 | + | certificate of possession with respect to such assault weapon. 631 |
---|
| 782 | + | (2) (A) Except as provided in subparagraph (B) of this subdivision, 632 |
---|
| 783 | + | any person who lawfully possesses an assault weapon, as defined in any 633 |
---|
| 784 | + | provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 634 |
---|
| 785 | + | section 53-202a, as amended by this act, on April 4, 2013, under the 635 |
---|
| 786 | + | provisions of sections 53-202a to 53-202k, inclusive, as amended by this 636 |
---|
| 787 | + | act, in effect on January 1, 2013, or any person who regains possession 637 |
---|
| 788 | + | of an assault weapon as defined in any provision of said subparagraphs 638 |
---|
| 789 | + | pursuant to subsection (e) of section 53-202f, or any person who lawfully 639 |
---|
| 790 | + | purchases a firearm on or after April 4, 2013, but prior to June 18, 2013, 640 |
---|
| 791 | + | that meets the criteria set forth in subdivision (3) or (4) of subsection (a) 641 |
---|
| 792 | + | of section 53-202a of the general statutes, revision of 1958, revised to 642 |
---|
| 793 | + | January 1, 2013, shall apply by January 1, 2014, or, if such person is a 643 |
---|
| 794 | + | member of the military or naval forces of this state or of the United 644 |
---|
| 795 | + | States and is unable to apply by January 1, 2014, because such member 645 |
---|
| 796 | + | is or was on official duty outside of this state, shall apply within ninety 646 |
---|
| 797 | + | days of returning to the state to the Department of Emergency Services 647 |
---|
| 798 | + | and Public Protection for a certificate of possession with respect to such 648 |
---|
| 799 | + | assault weapon. Any person who lawfully purchases a semiautomatic 649 |
---|
| 800 | + | pistol that is defined as an assault weapon in any provision of 650 |
---|
| 801 | + | subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, 651 |
---|
| 802 | + | as amended by this act, that the Commissioner of Emergency Services 652 |
---|
| 803 | + | and Public Protection designates as being designed expressly for use in 653 |
---|
| 804 | + | target shooting events at the Olympic games sponsored by the 654 |
---|
| 805 | + | International Olympic Committee pursuant to regulations adopted 655 |
---|
| 806 | + | Governor's Bill No. 16 |
---|
| 807 | + | |
---|
| 808 | + | |
---|
| 809 | + | |
---|
| 810 | + | LCO No. 703 23 of 52 |
---|
| 811 | + | |
---|
| 812 | + | under subdivision (4) of subsection (b) of section 53-202b shall apply 656 |
---|
| 813 | + | within ninety days of such purchase to the Department of Emergency 657 |
---|
| 814 | + | Services and Public Protection for a certificate of possession with respect 658 |
---|
| 815 | + | to such assault weapon. 659 |
---|
| 816 | + | (B) No person who lawfully possesses an assault weapon pursuant to 660 |
---|
| 817 | + | subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 661 |
---|
| 818 | + | by this act, shall be required to obtain a certificate of possession 662 |
---|
| 819 | + | pursuant to this subdivision with respect to an assault weapon used for 663 |
---|
| 820 | + | official duties, except that any person described in subdivision (2) of 664 |
---|
| 821 | + | subsection (b) of section 53-202c, as amended by this act, who purchases 665 |
---|
| 822 | + | an assault weapon, as defined in any provision of subparagraphs (B) to 666 |
---|
| 823 | + | (F), inclusive, of subdivision (1) of section 53-202a, as amended by this 667 |
---|
| 824 | + | act, for use in the discharge of official duties who retires or is otherwise 668 |
---|
| 825 | + | separated from service shall apply within ninety days of such retirement 669 |
---|
| 826 | + | or separation from service to the Department of Emergency Services and 670 |
---|
| 827 | + | Public Protection for a certificate of possession with respect to such 671 |
---|
| 828 | + | assault weapon. 672 |
---|
| 829 | + | (3) Any person who obtained a certificate of possession for an assault 673 |
---|
| 830 | + | weapon, as defined in subparagraph (A) of subdivision (1) of section 53-674 |
---|
| 831 | + | 202a, as amended by this act, prior to April 5, 2013, that is defined as an 675 |
---|
| 832 | + | assault weapon pursuant to any provision of subparagraphs (B) to (F), 676 |
---|
| 833 | + | inclusive, of subdivision (1) of section 53-202a, as amended by this act, 677 |
---|
| 834 | + | shall be deemed to have obtained a certificate of possession for such 678 |
---|
| 835 | + | assault weapon for the purposes of sections 53-202a to 53-202k, 679 |
---|
| 836 | + | inclusive, as amended by this act, and shall not be required to obtain a 680 |
---|
| 837 | + | subsequent certificate of possession for such assault weapon. 681 |
---|
| 838 | + | (4) (A) Except as provided in subparagraph (B) of this subdivision, 682 |
---|
| 839 | + | any person who lawfully possesses a 2022 assault weapon on the date 683 |
---|
| 840 | + | immediately preceding the effective date of this section, under the 684 |
---|
| 841 | + | provisions of sections 53-202a to 53-202k, inclusive, as amended by this 685 |
---|
| 842 | + | act, in effect on January 1, 2022, or any person who regains possession 686 |
---|
| 843 | + | of a 2022 assault weapon pursuant to subsection (e) of section 53-202f, 687 |
---|
| 844 | + | Governor's Bill No. 16 |
---|
| 845 | + | |
---|
| 846 | + | |
---|
| 847 | + | |
---|
| 848 | + | LCO No. 703 24 of 52 |
---|
| 849 | + | |
---|
| 850 | + | shall apply by January 1, 2023, or, if such person is a member of the 688 |
---|
| 851 | + | military or naval forces of this state or of the United States and is unable 689 |
---|
| 852 | + | to apply by January 1, 2023, because such member is or was on official 690 |
---|
| 853 | + | duty outside of this state, shall apply within ninety days of returning to 691 |
---|
| 854 | + | the state to the Department of Emergency Services and Public Protection 692 |
---|
| 855 | + | for a certificate of possession with respect to such assault weapon. 693 |
---|
| 856 | + | (B) No person who lawfully possesses an assault weapon pursuant to 694 |
---|
| 857 | + | subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 695 |
---|
| 858 | + | by this act, shall be required to obtain a certificate of possession 696 |
---|
| 859 | + | pursuant to this subdivision with respect to an assault weapon used for 697 |
---|
| 860 | + | official duties, except that any person described in subdivision (2) of 698 |
---|
| 861 | + | subsection (b) of section 53-202c, as amended by this act, who purchases 699 |
---|
| 862 | + | a 2022 assault weapon for use in the discharge of official duties who 700 |
---|
| 863 | + | retires or is otherwise separated from service shall apply within ninety 701 |
---|
| 864 | + | days of such retirement or separation from service to the Department of 702 |
---|
| 865 | + | Emergency Services and Public Protection for a certificate of possession 703 |
---|
| 866 | + | with respect to such assault weapon. 704 |
---|
| 867 | + | (5) Any person who obtained a certificate of possession for an assault 705 |
---|
| 868 | + | weapon, as defined in any provision of subparagraphs (A) to (F), 706 |
---|
| 869 | + | inclusive, of subdivision (1) of section 53-202a, as amended by this act, 707 |
---|
| 870 | + | prior to the effective date of this section, that is a 2022 assault weapon 708 |
---|
| 871 | + | shall be deemed to have obtained a certificate of possession for such 709 |
---|
| 872 | + | assault weapon for the purposes of sections 53-202a to 53-202k, 710 |
---|
| 873 | + | inclusive, as amended by this act, and shall not be required to obtain a 711 |
---|
| 874 | + | subsequent certificate of possession for such assault weapon. 712 |
---|
| 875 | + | [(4)] (6) The certificate of possession shall contain a description of the 713 |
---|
| 876 | + | firearm that identifies it uniquely, including all identification marks, the 714 |
---|
| 877 | + | full name, address, date of birth and thumbprint of the owner, and any 715 |
---|
| 878 | + | other information as the department may deem appropriate. 716 |
---|
| 879 | + | [(5)] (7) The department shall adopt regulations, in accordance with 717 |
---|
| 880 | + | the provisions of chapter 54, to establish procedures with respect to the 718 |
---|
| 881 | + | Governor's Bill No. 16 |
---|
| 882 | + | |
---|
| 883 | + | |
---|
| 884 | + | |
---|
| 885 | + | LCO No. 703 25 of 52 |
---|
| 886 | + | |
---|
| 887 | + | application for and issuance of certificates of possession pursuant to this 719 |
---|
| 888 | + | section. Notwithstanding the provisions of sections 1-210 and 1-211, the 720 |
---|
| 889 | + | name and address of a person issued a certificate of possession shall be 721 |
---|
| 890 | + | confidential and shall not be disclosed, except such records may be 722 |
---|
| 891 | + | disclosed to (A) law enforcement agencies and employees of the United 723 |
---|
| 892 | + | States Probation Office acting in the performance of their duties and 724 |
---|
| 893 | + | parole officers within the Department of Correction acting in the 725 |
---|
| 894 | + | performance of their duties, and (B) the Commissioner of Mental Health 726 |
---|
| 895 | + | and Addiction Services to carry out the provisions of subsection (c) of 727 |
---|
| 896 | + | section 17a-500. 728 |
---|
| 897 | + | (b) (1) No assault weapon, as defined in subparagraph (A) of 729 |
---|
| 898 | + | subdivision (1) of section 53-202a, as amended by this act, possessed 730 |
---|
| 899 | + | pursuant to a certificate of possession issued under this section may be 731 |
---|
| 900 | + | sold or transferred on or after January 1, 1994, to any person within this 732 |
---|
| 901 | + | state other than to a licensed gun dealer, as defined in subsection (f) of 733 |
---|
| 902 | + | section 53-202f, as amended by this act, or as provided in section 53-734 |
---|
| 903 | + | 202e, or by bequest or intestate succession, or, upon the death of a 735 |
---|
| 904 | + | testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who 736 |
---|
| 905 | + | is eligible to possess the assault weapon. 737 |
---|
| 906 | + | (2) No assault weapon, as defined in any provision of subparagraphs 738 |
---|
| 907 | + | (B) to (F), inclusive, of subdivision (1) of section 53-202a, as amended by 739 |
---|
| 908 | + | this act, possessed pursuant to a certificate of possession issued under 740 |
---|
| 909 | + | this section may be sold or transferred on or after April 5, 2013, to any 741 |
---|
| 910 | + | person within this state other than to a licensed gun dealer, as defined 742 |
---|
| 911 | + | in subsection (f) of section 53-202f, as amended by this act, or as 743 |
---|
| 912 | + | provided in section 53-202e, or by bequest or intestate succession, or, 744 |
---|
| 913 | + | upon the death of a testator or settlor: (A) To a trust, or (B) from a trust 745 |
---|
| 914 | + | to a beneficiary who is eligible to possess the assault weapon. 746 |
---|
| 915 | + | (3) No 2022 assault weapon possessed pursuant to a certificate of 747 |
---|
| 916 | + | possession issued under this section may be sold or transferred on or 748 |
---|
| 917 | + | after January 1, 2023, to any person within this state other than to a 749 |
---|
| 918 | + | licensed gun dealer, as defined in subsection (f) of section 53-202f, as 750 |
---|
| 919 | + | Governor's Bill No. 16 |
---|
| 920 | + | |
---|
| 921 | + | |
---|
| 922 | + | |
---|
| 923 | + | LCO No. 703 26 of 52 |
---|
| 924 | + | |
---|
| 925 | + | amended by this act, or as provided in section 53-202e, or by bequest or 751 |
---|
| 926 | + | intestate succession, or, upon the death of a testator or settlor: (A) To a 752 |
---|
| 927 | + | trust, or (B) from a trust to a beneficiary who is eligible to possess the 753 |
---|
| 928 | + | assault weapon. 754 |
---|
| 929 | + | Sec. 9. Subsection (a) of section 53-205 of the general statutes is 755 |
---|
| 930 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 756 |
---|
| 931 | + | 2022): 757 |
---|
| 932 | + | (a) No person shall carry or possess in any vehicle or snowmobile any 758 |
---|
| 933 | + | [shotgun, rifle or muzzleloader of any gauge or caliber] firearm, other 759 |
---|
| 934 | + | than a pistol or revolver, while such [shotgun, rifle or muzzleloader] 760 |
---|
| 935 | + | firearm contains in the barrel, chamber or magazine any loaded shell or, 761 |
---|
| 936 | + | if such firearm is a muzzleloader, cartridge capable of being discharged 762 |
---|
| 937 | + | or when such muzzleloader has a percussion cap in place or, if such 763 |
---|
| 938 | + | firearm is a flintlock, when the powder pan of a flintlock contains 764 |
---|
| 939 | + | powder. As used in this subsection, "muzzleloader" means a rifle or 765 |
---|
| 940 | + | shotgun that is incapable of firing a self-contained cartridge and must 766 |
---|
| 941 | + | be loaded at the muzzle end. 767 |
---|
| 942 | + | Sec. 10. Subsection (a) of section 29-28 of the 2022 supplement to the 768 |
---|
| 943 | + | general statutes is repealed and the following is substituted in lieu 769 |
---|
| 944 | + | thereof (Effective July 1, 2022): 770 |
---|
| 945 | + | (a) (1) No person who sells ten or more pistols or revolvers in a 771 |
---|
| 946 | + | calendar year or is a federally licensed firearm dealer shall advertise, 772 |
---|
| 947 | + | sell, deliver, or offer or expose for sale or delivery, or have in such 773 |
---|
| 948 | + | person's possession with intent to sell or deliver, any pistol or revolver 774 |
---|
| 949 | + | at retail without having a local permit and, on and after October 1, 2022, 775 |
---|
| 950 | + | a state license therefor issued as provided in this subsection, except that 776 |
---|
| 951 | + | any person selling or exchanging a pistol or revolver for the 777 |
---|
| 952 | + | enhancement of a personal collection or for a hobby or who sells all or 778 |
---|
| 953 | + | part of such person's personal collection of pistols or revolvers shall be 779 |
---|
| 954 | + | required only to possess a valid eligibility certificate for a pistol or 780 |
---|
| 955 | + | revolver issued pursuant to section 29-36f, as amended by this act, or a 781 |
---|
| 956 | + | Governor's Bill No. 16 |
---|
| 957 | + | |
---|
| 958 | + | |
---|
| 959 | + | |
---|
| 960 | + | LCO No. 703 27 of 52 |
---|
| 961 | + | |
---|
| 962 | + | valid state permit to carry a pistol or revolver issued pursuant to 782 |
---|
| 963 | + | subsection (b) of this section. 783 |
---|
| 964 | + | (2) The chief of police or, where there is no chief of police, the warden 784 |
---|
| 965 | + | of the borough or the first selectman of the town, as the case may be, 785 |
---|
| 966 | + | may, upon the application of any person, issue a local permit in such 786 |
---|
| 967 | + | form as may be prescribed by the Commissioner of Emergency Services 787 |
---|
| 968 | + | and Public Protection for the sale at retail of [pistols and revolvers] 788 |
---|
| 969 | + | firearms within the jurisdiction of the authority issuing such permit. No 789 |
---|
| 970 | + | local permit for the sale at retail of [any pistol or revolver] firearms shall 790 |
---|
| 971 | + | be issued unless (A) if the application is filed prior to October 1, 2022, 791 |
---|
| 972 | + | the applicant holds a valid eligibility certificate for a pistol or revolver 792 |
---|
| 973 | + | issued pursuant to section 29-36f, as amended by this act, or a valid state 793 |
---|
| 974 | + | permit to carry a pistol or revolver issued pursuant to subsection (b) of 794 |
---|
| 975 | + | this section, and (B) the applicant submits documentation sufficient to 795 |
---|
| 976 | + | establish that local zoning requirements have been met for the location 796 |
---|
| 977 | + | where the sale is to take place. [, except that any person selling or 797 |
---|
| 978 | + | exchanging a pistol or revolver for the enhancement of a personal 798 |
---|
| 979 | + | collection or for a hobby or who sells all or part of such person's personal 799 |
---|
| 980 | + | collection of pistols or revolvers shall not be required to submit such 800 |
---|
| 981 | + | documentation for the location where the sale or exchange is to take 801 |
---|
| 982 | + | place.] 802 |
---|
| 983 | + | (3) The Commissioner of Emergency Services and Public Protection 803 |
---|
| 984 | + | shall, upon the application of any person in such form and manner as 804 |
---|
| 985 | + | may be prescribed by the commissioner, issue a state license to sell 805 |
---|
| 986 | + | firearms at retail if the application includes: 806 |
---|
| 987 | + | (A) A valid state permit to carry a pistol or revolver issued pursuant 807 |
---|
| 988 | + | to subsection (b) of this section; 808 |
---|
| 989 | + | (B) A valid local permit issued pursuant to subdivision (2) of this 809 |
---|
| 990 | + | subsection; 810 |
---|
| 991 | + | (C) Such person's valid federal firearms license; and 811 |
---|
| 992 | + | Governor's Bill No. 16 |
---|
| 993 | + | |
---|
| 994 | + | |
---|
| 995 | + | |
---|
| 996 | + | LCO No. 703 28 of 52 |
---|
| 997 | + | |
---|
| 998 | + | (D) Any other materials required by the commissioner. 812 |
---|
| 999 | + | (4) Each person who holds a state license to sell firearms at retail shall 813 |
---|
| 1000 | + | apply to renew such license every four years in such form and manner 814 |
---|
| 1001 | + | as may be prescribed by the commissioner. 815 |
---|
| 1002 | + | (5) (A) For sufficient cause found pursuant to subparagraph (B) of 816 |
---|
| 1003 | + | this subdivision, the commissioner may suspend or revoke a license or 817 |
---|
| 1004 | + | registration, issue fines of not more than twenty-five thousand dollars 818 |
---|
| 1005 | + | per violation, accept an offer in compromise or refuse to grant or renew 819 |
---|
| 1006 | + | a state license issued pursuant to this subsection, or place such licensee 820 |
---|
| 1007 | + | on probation, place conditions on such licensee or take other actions 821 |
---|
| 1008 | + | permitted by law. Information from inspections and investigations 822 |
---|
| 1009 | + | conducted by the Department of Emergency Services and Public 823 |
---|
| 1010 | + | Protection related to administrative complaints or cases shall not be 824 |
---|
| 1011 | + | subject to disclosure under the Freedom of Information Act, as defined 825 |
---|
| 1012 | + | in section 1-200, except after the department has entered into a 826 |
---|
| 1013 | + | settlement agreement, or concluded its investigation or inspection as 827 |
---|
| 1014 | + | evidenced by case closure, provided that nothing in this section shall 828 |
---|
| 1015 | + | prevent the department from sharing information with other state and 829 |
---|
| 1016 | + | federal agencies and law enforcement as it relates to investigating 830 |
---|
| 1017 | + | violations of law. 831 |
---|
| 1018 | + | (B) Any of the following shall constitute sufficient cause for such 832 |
---|
| 1019 | + | action by the commissioner, including, but not limited to: 833 |
---|
| 1020 | + | (i) Furnishing of false or fraudulent information in any application or 834 |
---|
| 1021 | + | failure to comply with representations made in any application; 835 |
---|
| 1022 | + | (ii) False, misleading or deceptive representations to the public or the 836 |
---|
| 1023 | + | department; 837 |
---|
| 1024 | + | (iii) Failure to maintain effective controls against theft of firearms, 838 |
---|
| 1025 | + | including, but not limited to, failure to install or maintain the burglar 839 |
---|
| 1026 | + | alarm system required under section 29-37d; 840 |
---|
| 1027 | + | Governor's Bill No. 16 |
---|
| 1028 | + | |
---|
| 1029 | + | |
---|
| 1030 | + | |
---|
| 1031 | + | LCO No. 703 29 of 52 |
---|
| 1032 | + | |
---|
| 1033 | + | (iv) An adverse administrative decision or delinquency assessment 841 |
---|
| 1034 | + | from the Department of Revenue Services; 842 |
---|
| 1035 | + | (v) Failure to cooperate or give information to the department, local 843 |
---|
| 1036 | + | law enforcement authorities or any other enforcement agency upon any 844 |
---|
| 1037 | + | matter arising out of conduct at the premises of the licensee; 845 |
---|
| 1038 | + | (vi) Revocation, or suspension of the permit to carry a pistol or 846 |
---|
| 1039 | + | revolver, or federal firearms license required pursuant to subdivision (3) 847 |
---|
| 1040 | + | of this subsection; 848 |
---|
| 1041 | + | (vii) Failure to acquire an authorization number for a firearm transfer 849 |
---|
| 1042 | + | pursuant to sections 29-36l and 29-37a, as amended by this act; 850 |
---|
| 1043 | + | (viii) Failure to verify that the recipient of a firearm is eligible to 851 |
---|
| 1044 | + | receive such firearm; 852 |
---|
| 1045 | + | (ix) Transfer of a firearm to a person ineligible to receive such firearm, 853 |
---|
| 1046 | + | unless the licensee relied in good faith on the information provided to 854 |
---|
| 1047 | + | such licensee by the department in verifying the eligibility of such 855 |
---|
| 1048 | + | ineligible person; 856 |
---|
| 1049 | + | (x) Evidence that the licensee is not a suitable person to hold a state 857 |
---|
| 1050 | + | license; and 858 |
---|
| 1051 | + | (xi) Failure to comply with any other provision of sections 29-28 to 859 |
---|
| 1052 | + | 29-37s, inclusive, as amended by this act. 860 |
---|
| 1053 | + | (6) State licenses issued pursuant to this subsection may not be 861 |
---|
| 1054 | + | transferred. 862 |
---|
| 1055 | + | Sec. 11. Subsection (d) of section 29-28 of the 2022 supplement to the 863 |
---|
| 1056 | + | general statutes is repealed and the following is substituted in lieu 864 |
---|
| 1057 | + | thereof (Effective October 1, 2022): 865 |
---|
| 1058 | + | (d) Notwithstanding the provisions of sections 1-210 and 1-211, the 866 |
---|
| 1059 | + | name and address of a person issued a local permit or state license to 867 |
---|
| 1060 | + | Governor's Bill No. 16 |
---|
| 1061 | + | |
---|
| 1062 | + | |
---|
| 1063 | + | |
---|
| 1064 | + | LCO No. 703 30 of 52 |
---|
| 1065 | + | |
---|
| 1066 | + | sell firearms at retail [pistols and revolvers] pursuant to subsection (a) 868 |
---|
| 1067 | + | of this section or a state or a temporary state permit to carry a pistol or 869 |
---|
| 1068 | + | revolver pursuant to subsection (b) of this section, or a local permit to 870 |
---|
| 1069 | + | carry pistols and revolvers issued by local authorities prior to October 871 |
---|
| 1070 | + | 1, 2001, shall be confidential and shall not be disclosed, except (1) such 872 |
---|
| 1071 | + | information may be disclosed to law enforcement officials acting in the 873 |
---|
| 1072 | + | performance of their duties, including, but not limited to, employees of 874 |
---|
| 1073 | + | the United States Probation Office acting in the performance of their 875 |
---|
| 1074 | + | duties and parole officers within the Department of Correction acting in 876 |
---|
| 1075 | + | the performance of their duties, (2) the issuing authority may disclose 877 |
---|
| 1076 | + | such information to the extent necessary to comply with a request made 878 |
---|
| 1077 | + | pursuant to section 29-33, as amended by this act, 29-37a, as amended 879 |
---|
| 1078 | + | by this act, or 29-38m, as amended by this act, for verification that such 880 |
---|
| 1079 | + | state or temporary state permit is still valid and has not been suspended 881 |
---|
| 1080 | + | or revoked, and the local authority may disclose such information to the 882 |
---|
| 1081 | + | extent necessary to comply with a request made pursuant to section 29-883 |
---|
| 1082 | + | 33, as amended by this act, 29-37a, as amended by this act, or 29-38m, as 884 |
---|
| 1083 | + | amended by this act, for verification that a local permit is still valid and 885 |
---|
| 1084 | + | has not been suspended or revoked, and (3) such information may be 886 |
---|
| 1085 | + | disclosed to the Commissioner of Mental Health and Addiction Services 887 |
---|
| 1086 | + | to carry out the provisions of subsection (c) of section 17a-500. 888 |
---|
| 1087 | + | Sec. 12. Subsection (a) of section 29-30 of the general statutes is 889 |
---|
| 1088 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 890 |
---|
| 1089 | + | 2022): 891 |
---|
| 1090 | + | (a) The fee for each local permit originally issued under the 892 |
---|
| 1091 | + | provisions of subsection (a) of section 29-28, as amended by this act, for 893 |
---|
| 1092 | + | the sale at retail of [pistols and revolvers] firearms shall be two hundred 894 |
---|
| 1093 | + | dollars and for each renewal of such permit two hundred dollars. The 895 |
---|
| 1094 | + | fee for each state license originally issued under the provisions of 896 |
---|
| 1095 | + | subsection (a) of section 29-28, as amended by this act, shall be two 897 |
---|
| 1096 | + | hundred dollars and for each renewal of such license two hundred 898 |
---|
| 1097 | + | dollars, except that any person who applies for such state license prior 899 |
---|
| 1098 | + | to October 1, 2022, and is in possession of a local permit to sell or deliver 900 |
---|
| 1099 | + | Governor's Bill No. 16 |
---|
| 1100 | + | |
---|
| 1101 | + | |
---|
| 1102 | + | |
---|
| 1103 | + | LCO No. 703 31 of 52 |
---|
| 1104 | + | |
---|
| 1105 | + | pistols or revolvers at retail on the date such person applies shall not be 901 |
---|
| 1106 | + | charged any fee for such person's initial application. The fee for each 902 |
---|
| 1107 | + | state permit originally issued under the provisions of subsection (b) of 903 |
---|
| 1108 | + | section 29-28, as amended by this act, for the carrying of pistols and 904 |
---|
| 1109 | + | revolvers shall be one hundred forty dollars plus sufficient funds as 905 |
---|
| 1110 | + | required to be transmitted to the Federal Bureau of Investigation to 906 |
---|
| 1111 | + | cover the cost of a national criminal history records check. The local 907 |
---|
| 1112 | + | authority shall forward sufficient funds for the national criminal history 908 |
---|
| 1113 | + | records check to the commissioner no later than five business days after 909 |
---|
| 1114 | + | receipt by the local authority of the application for the temporary state 910 |
---|
| 1115 | + | permit. Seventy dollars shall be retained by the local authority. Upon 911 |
---|
| 1116 | + | approval by the local authority of the application for a temporary state 912 |
---|
| 1117 | + | permit, seventy dollars shall be sent to the commissioner. The fee to 913 |
---|
| 1118 | + | renew each state permit originally issued under the provisions of 914 |
---|
| 1119 | + | subsection (b) of section 29-28, as amended by this act, shall be seventy 915 |
---|
| 1120 | + | dollars. Upon deposit of such fees in the General Fund, ten dollars of 916 |
---|
| 1121 | + | each fee shall be credited within thirty days to the appropriation for the 917 |
---|
| 1122 | + | Department of Emergency Services and Public Protection to a separate 918 |
---|
| 1123 | + | nonlapsing account for the purposes of the issuance of permits under 919 |
---|
| 1124 | + | subsections (a) and (b) of section 29-28, as amended by this act. 920 |
---|
| 1125 | + | Sec. 13. Section 29-31 of the general statutes is repealed and the 921 |
---|
| 1126 | + | following is substituted in lieu thereof (Effective October 1, 2022): 922 |
---|
| 1127 | + | No sale of any pistol or revolver shall be made except in the room, 923 |
---|
| 1128 | + | store or place described in the local permit and state license for the sale 924 |
---|
| 1129 | + | of [pistols and revolvers] firearms, and such permit or a copy thereof 925 |
---|
| 1130 | + | certified by the authority issuing the same shall be exposed to view 926 |
---|
| 1131 | + | within the room, store or place where pistols or revolvers are sold or 927 |
---|
| 1132 | + | offered or exposed for sale. No sale or delivery of any pistol or revolver 928 |
---|
| 1133 | + | shall be made unless the purchaser or person to whom the same is to be 929 |
---|
| 1134 | + | delivered is personally known to the vendor of such pistol or revolver 930 |
---|
| 1135 | + | or the person making delivery thereof or unless the person making such 931 |
---|
| 1136 | + | purchase or to whom delivery thereof is to be made provides evidence 932 |
---|
| 1137 | + | of his or her identity. The vendor of any pistol or revolver shall keep a 933 |
---|
| 1138 | + | Governor's Bill No. 16 |
---|
| 1139 | + | |
---|
| 1140 | + | |
---|
| 1141 | + | |
---|
| 1142 | + | LCO No. 703 32 of 52 |
---|
| 1143 | + | |
---|
| 1144 | + | record of each pistol or revolver sold in a book kept for that purpose, 934 |
---|
| 1145 | + | which record shall be in such form as is prescribed by 27 CFR 478.125. 935 |
---|
| 1146 | + | The vendor of any pistol or revolver shall make such record available 936 |
---|
| 1147 | + | for inspection upon the request of any sworn member of an organized 937 |
---|
| 1148 | + | local police department or the Division of State Police within the 938 |
---|
| 1149 | + | Department of Emergency Services and Public Protection or any 939 |
---|
| 1150 | + | investigator assigned to the state-wide firearms [trafficking] crimes and 940 |
---|
| 1151 | + | tracing task force established under section 29-38e, as amended by this 941 |
---|
| 1152 | + | act. 942 |
---|
| 1153 | + | Sec. 14. Subsection (b) of section 29-32b of the general statutes is 943 |
---|
| 1154 | + | repealed and the following is substituted in lieu thereof (Effective October 944 |
---|
| 1155 | + | 1, 2022): 945 |
---|
| 1156 | + | (b) Any person aggrieved by any refusal to issue or renew a license, 946 |
---|
| 1157 | + | permit or certificate under the provisions of section 29-28, as amended 947 |
---|
| 1158 | + | by this act, 29-36f, as amended by this act, 29-37p, as amended by this 948 |
---|
| 1159 | + | act, or 29-38n, or by any limitation or revocation of a license permit or 949 |
---|
| 1160 | + | certificate issued under any of said sections, or by a refusal or failure of 950 |
---|
| 1161 | + | any issuing authority to furnish an application as provided in section 951 |
---|
| 1162 | + | 29-28a, may, within ninety days after receipt of notice of such refusal, 952 |
---|
| 1163 | + | limitation or revocation, or refusal or failure to supply an application as 953 |
---|
| 1164 | + | provided in section 29-28a, and without prejudice to any other course of 954 |
---|
| 1165 | + | action open to such person in law or in equity, appeal to the board. On 955 |
---|
| 1166 | + | such appeal the board shall inquire into and determine the facts, de 956 |
---|
| 1167 | + | novo, and unless it finds that such a refusal, limitation or revocation, or 957 |
---|
| 1168 | + | such refusal or failure to supply an application, as the case may be, 958 |
---|
| 1169 | + | would be for just and proper cause, it shall order such license, permit or 959 |
---|
| 1170 | + | certificate to be issued, renewed or restored, or the limitation removed 960 |
---|
| 1171 | + | or modified, as the case may be. If the refusal was for failure to 961 |
---|
| 1172 | + | document compliance with local zoning requirements, under subsection 962 |
---|
| 1173 | + | (a) of section 29-28, as amended by this act, the board shall not issue a 963 |
---|
| 1174 | + | permit. 964 |
---|
| 1175 | + | Sec. 15. Subsection (b) of section 29-33 of the general statutes is 965 |
---|
| 1176 | + | Governor's Bill No. 16 |
---|
| 1177 | + | |
---|
| 1178 | + | |
---|
| 1179 | + | |
---|
| 1180 | + | LCO No. 703 33 of 52 |
---|
| 1181 | + | |
---|
| 1182 | + | repealed and the following is substituted in lieu thereof (Effective October 966 |
---|
| 1183 | + | 1, 2022): 967 |
---|
| 1184 | + | (b) On and after October 1, 1995, no person may purchase or receive 968 |
---|
| 1185 | + | any pistol or revolver unless such person holds a valid permit to carry a 969 |
---|
| 1186 | + | pistol or revolver issued pursuant to subsection (b) of section 29-28, as 970 |
---|
| 1187 | + | amended by this act, a valid local permit and state license to sell firearms 971 |
---|
| 1188 | + | at retail [a pistol or revolver] issued pursuant to subsection (a) of section 972 |
---|
| 1189 | + | 29-28, as amended by this act, or a valid eligibility certificate for a pistol 973 |
---|
| 1190 | + | or revolver issued pursuant to section 29-36f, as amended by this act, or 974 |
---|
| 1191 | + | is a federal marshal, parole officer or peace officer. 975 |
---|
| 1192 | + | Sec. 16. Subsection (e) of section 29-33 of the general statutes is 976 |
---|
| 1193 | + | repealed and the following is substituted in lieu thereof (Effective October 977 |
---|
| 1194 | + | 1, 2022): 978 |
---|
| 1195 | + | (e) Upon the sale, delivery or other transfer of any pistol or revolver, 979 |
---|
| 1196 | + | the person making the purchase or to whom the same is delivered or 980 |
---|
| 1197 | + | transferred shall sign a receipt for such pistol or revolver, which shall 981 |
---|
| 1198 | + | contain the name and address of such person, the date of sale, the 982 |
---|
| 1199 | + | caliber, make, model and manufacturer's number and a general 983 |
---|
| 1200 | + | description of such pistol or revolver, the identification number of such 984 |
---|
| 1201 | + | person's permit to carry pistols or revolvers, issued pursuant to 985 |
---|
| 1202 | + | subsection (b) of section 29-28, as amended by this act, local permit and 986 |
---|
| 1203 | + | state license to sell firearms at retail, [pistols or revolvers,] issued 987 |
---|
| 1204 | + | pursuant to subsection (a) of said section, or eligibility certificate for a 988 |
---|
| 1205 | + | pistol or revolver, issued pursuant to section 29-36f, as amended by this 989 |
---|
| 1206 | + | act, if any, and the authorization number designated for the transfer by 990 |
---|
| 1207 | + | the Department of Emergency Services and Public Protection. The 991 |
---|
| 1208 | + | person, firm or corporation selling such pistol or revolver or making 992 |
---|
| 1209 | + | delivery or transfer thereof shall give one copy of the receipt to the 993 |
---|
| 1210 | + | person making the purchase of such pistol or revolver or to whom the 994 |
---|
| 1211 | + | same is delivered or transferred, shall retain one copy of the receipt for 995 |
---|
| 1212 | + | at least five years, and shall send, by first class mail, or electronically 996 |
---|
| 1213 | + | transmit, within forty-eight hours of such sale, delivery or other 997 |
---|
| 1214 | + | Governor's Bill No. 16 |
---|
| 1215 | + | |
---|
| 1216 | + | |
---|
| 1217 | + | |
---|
| 1218 | + | LCO No. 703 34 of 52 |
---|
| 1219 | + | |
---|
| 1220 | + | transfer, one copy of the receipt to the Commissioner of Emergency 998 |
---|
| 1221 | + | Services and Public Protection and one copy of the receipt to the chief of 999 |
---|
| 1222 | + | police or, where there is no chief of police, the warden of the borough or 1000 |
---|
| 1223 | + | the first selectman of the town, as the case may be, of the town in which 1001 |
---|
| 1224 | + | the transferee resides. 1002 |
---|
| 1225 | + | Sec. 17. Subsection (e) of section 29-37a of the general statutes is 1003 |
---|
| 1226 | + | repealed and the following is substituted in lieu thereof (Effective October 1004 |
---|
| 1227 | + | 1, 2022): 1005 |
---|
| 1228 | + | (e) No sale, delivery or other transfer of any long gun shall be made 1006 |
---|
| 1229 | + | by a person who [is not a federally licensed firearm manufacturer, 1007 |
---|
| 1230 | + | importer or dealer] does not possess a local permit and state license to 1008 |
---|
| 1231 | + | sell firearms at retail issued pursuant to subsection (a) of section 29-28, 1009 |
---|
| 1232 | + | as amended by this act, to a person who is not a federally licensed 1010 |
---|
| 1233 | + | firearm manufacturer, importer or dealer unless: 1011 |
---|
| 1234 | + | (1) The prospective transferor and prospective transferee comply 1012 |
---|
| 1235 | + | with the provisions of subsection (d) of this section, [and] the 1013 |
---|
| 1236 | + | prospective transferor has obtained an authorization number from the 1014 |
---|
| 1237 | + | Commissioner of Emergency Services and Public Protection for such 1015 |
---|
| 1238 | + | sale, delivery or transfer and the prospective transferor sells ten or fewer 1016 |
---|
| 1239 | + | firearms in a calendar year and is not a federally licensed firearm dealer; 1017 |
---|
| 1240 | + | or 1018 |
---|
| 1241 | + | (2) The prospective transferor or prospective transferee requests a 1019 |
---|
| 1242 | + | federally licensed firearm dealer to contact the Department of 1020 |
---|
| 1243 | + | Emergency Services and Public Protection on behalf of such prospective 1021 |
---|
| 1244 | + | transferor or prospective transferee and the federally licensed firearm 1022 |
---|
| 1245 | + | dealer has obtained an authorization number from the Commissioner of 1023 |
---|
| 1246 | + | Emergency Services and Public Protection for such sale, delivery or 1024 |
---|
| 1247 | + | transfer. 1025 |
---|
| 1248 | + | Sec. 18. Section 29-38b of the general statutes is repealed and the 1026 |
---|
| 1249 | + | following is substituted in lieu thereof (Effective October 1, 2022): 1027 |
---|
| 1250 | + | Governor's Bill No. 16 |
---|
| 1251 | + | |
---|
| 1252 | + | |
---|
| 1253 | + | |
---|
| 1254 | + | LCO No. 703 35 of 52 |
---|
| 1255 | + | |
---|
| 1256 | + | (a) The Commissioner of Emergency Services and Public Protection, 1028 |
---|
| 1257 | + | in fulfilling his obligations under sections 29-28 to 29-38, inclusive, as 1029 |
---|
| 1258 | + | amended by this act and section 53-202d, as amended by this act, shall 1030 |
---|
| 1259 | + | verify that any person who, on or after October 1, 1998, applies for or 1031 |
---|
| 1260 | + | seeks renewal of a [permit] state license to sell firearms at retail, [a pistol 1032 |
---|
| 1261 | + | or revolver,] a permit to carry a pistol or revolver, an eligibility 1033 |
---|
| 1262 | + | certificate for a pistol or revolver or a certificate of possession for an 1034 |
---|
| 1263 | + | assault weapon, or who, on or after July 1, 2013, applies for or seeks 1035 |
---|
| 1264 | + | renewal of a long gun eligibility certificate, has not been confined in a 1036 |
---|
| 1265 | + | hospital for persons with psychiatric disabilities, as defined in section 1037 |
---|
| 1266 | + | 17a-495, within the preceding sixty months by order of a probate court 1038 |
---|
| 1267 | + | or has not been voluntarily admitted to a hospital for persons with 1039 |
---|
| 1268 | + | psychiatric disabilities, as defined in section 17a-495, within the 1040 |
---|
| 1269 | + | preceding six months for care and treatment of a psychiatric disability 1041 |
---|
| 1270 | + | and not solely for being an alcohol-dependent person or a drug-1042 |
---|
| 1271 | + | dependent person as those terms are defined in section 17a-680, by 1043 |
---|
| 1272 | + | making an inquiry to the Department of Mental Health and Addiction 1044 |
---|
| 1273 | + | Services in such a manner so as to only receive a report on the 1045 |
---|
| 1274 | + | commitment or admission status of the person with respect to whom the 1046 |
---|
| 1275 | + | inquiry is made including identifying information in accordance with 1047 |
---|
| 1276 | + | the provisions of subsection (b) of section 17a-500. 1048 |
---|
| 1277 | + | (b) If the Commissioner of Emergency Services and Public Protection 1049 |
---|
| 1278 | + | determines pursuant to subsection (a) of this section that a person has 1050 |
---|
| 1279 | + | been confined in a hospital for persons with psychiatric disabilities, as 1051 |
---|
| 1280 | + | defined in section 17a-495, within the preceding sixty months by order 1052 |
---|
| 1281 | + | of a probate court or has been voluntarily admitted to a hospital for 1053 |
---|
| 1282 | + | persons with psychiatric disabilities, as defined in section 17a-495, 1054 |
---|
| 1283 | + | within the preceding six months for care and treatment of a psychiatric 1055 |
---|
| 1284 | + | disability and not solely for being an alcohol-dependent person or a 1056 |
---|
| 1285 | + | drug-dependent person as those terms are defined in section 17a-680, 1057 |
---|
| 1286 | + | said commissioner shall report the status of such person's application 1058 |
---|
| 1287 | + | for or renewal of a [permit] state license to sell firearms at retail, [a pistol 1059 |
---|
| 1288 | + | or revolver,] a permit to carry a pistol or revolver, an eligibility 1060 |
---|
| 1289 | + | Governor's Bill No. 16 |
---|
| 1290 | + | |
---|
| 1291 | + | |
---|
| 1292 | + | |
---|
| 1293 | + | LCO No. 703 36 of 52 |
---|
| 1294 | + | |
---|
| 1295 | + | certificate for a pistol or revolver, a certificate of possession for an 1061 |
---|
| 1296 | + | assault weapon or a long gun eligibility certificate to the Commissioner 1062 |
---|
| 1297 | + | of Mental Health and Addiction Services for the purpose of fulfilling his 1063 |
---|
| 1298 | + | responsibilities under subsection (c) of section 17a-500. 1064 |
---|
| 1299 | + | Sec. 19. Subsection (c) of section 29-38m of the general statutes is 1065 |
---|
| 1300 | + | repealed and the following is substituted in lieu thereof (Effective October 1066 |
---|
| 1301 | + | 1, 2022): 1067 |
---|
| 1302 | + | (c) [On and after October 1, 2013, no] No person, firm or corporation 1068 |
---|
| 1303 | + | shall sell ammunition or an ammunition magazine to any person unless 1069 |
---|
| 1304 | + | such person holds a valid permit to carry a pistol or revolver issued 1070 |
---|
| 1305 | + | pursuant to subsection (b) of section 29-28, as amended by this act, a 1071 |
---|
| 1306 | + | valid local permit and state license to sell firearms at retail [a pistol or 1072 |
---|
| 1307 | + | revolver] issued pursuant to subsection (a) of section 29-28, as amended 1073 |
---|
| 1308 | + | by this act, a valid eligibility certificate for a pistol or revolver issued 1074 |
---|
| 1309 | + | pursuant to section 29-36f, as amended by this act, or a valid long gun 1075 |
---|
| 1310 | + | eligibility certificate issued pursuant to section 29-37p, as amended by 1076 |
---|
| 1311 | + | this act, and presents to the transferor such permit or certificate, or 1077 |
---|
| 1312 | + | unless such person holds a valid ammunition certificate issued pursuant 1078 |
---|
| 1313 | + | to section 29-38n and presents to the transferor such certificate and such 1079 |
---|
| 1314 | + | person's motor vehicle operator's license, passport or other valid form 1080 |
---|
| 1315 | + | of identification issued by the federal government or a state or 1081 |
---|
| 1316 | + | municipal government that contains such person's date of birth and 1082 |
---|
| 1317 | + | photograph. 1083 |
---|
| 1318 | + | Sec. 20. Subsection (e) of section 53-202d of the general statutes is 1084 |
---|
| 1319 | + | repealed and the following is substituted in lieu thereof (Effective October 1085 |
---|
| 1320 | + | 1, 2022): 1086 |
---|
| 1321 | + | (e) If an owner of an assault weapon sells or transfers the assault 1087 |
---|
| 1322 | + | weapon to a licensed gun dealer, such dealer shall, at the time of 1088 |
---|
| 1323 | + | delivery of the assault weapon, execute a certificate of transfer and cause 1089 |
---|
| 1324 | + | the certificate of transfer to be mailed or delivered to the Commissioner 1090 |
---|
| 1325 | + | of Emergency Services and Public Protection. The certificate of transfer 1091 |
---|
| 1326 | + | Governor's Bill No. 16 |
---|
| 1327 | + | |
---|
| 1328 | + | |
---|
| 1329 | + | |
---|
| 1330 | + | LCO No. 703 37 of 52 |
---|
| 1331 | + | |
---|
| 1332 | + | shall contain: (1) The date of sale or transfer; (2) the name and address 1092 |
---|
| 1333 | + | of the seller or transferor and the licensed gun dealer, their Social 1093 |
---|
| 1334 | + | Security numbers or motor vehicle operator license numbers, if 1094 |
---|
| 1335 | + | applicable; (3) the licensed gun dealer's federal firearms license number 1095 |
---|
| 1336 | + | and seller's [permit] license number; (4) a description of the assault 1096 |
---|
| 1337 | + | weapon, including the caliber of the assault weapon and its make, 1097 |
---|
| 1338 | + | model and serial number; and (5) any other information the 1098 |
---|
| 1339 | + | commissioner prescribes. The licensed gun dealer shall present such 1099 |
---|
| 1340 | + | dealer's motor vehicle operator's license or Social Security card, federal 1100 |
---|
| 1341 | + | firearms license and seller's local permit and state license to the seller or 1101 |
---|
| 1342 | + | transferor for inspection at the time of purchase or transfer. The 1102 |
---|
| 1343 | + | Commissioner of Emergency Services and Public Protection shall 1103 |
---|
| 1344 | + | maintain a file of all certificates of transfer at the commissioner's central 1104 |
---|
| 1345 | + | office. 1105 |
---|
| 1346 | + | Sec. 21. Subsection (f) of section 53-202f of the general statutes is 1106 |
---|
| 1347 | + | repealed and the following is substituted in lieu thereof (Effective October 1107 |
---|
| 1348 | + | 1, 2022): 1108 |
---|
| 1349 | + | (f) The term "licensed gun dealer", as used in sections 53-202a to 53-1109 |
---|
| 1350 | + | 202k, inclusive, as amended by this act, means a person who has a 1110 |
---|
| 1351 | + | federal firearms license and a local permit and state license to sell 1111 |
---|
| 1352 | + | firearms pursuant to section 29-28, as amended by this act. 1112 |
---|
| 1353 | + | Sec. 22. Subsection (a) of section 53-202w of the general statutes is 1113 |
---|
| 1354 | + | repealed and the following is substituted in lieu thereof (Effective October 1114 |
---|
| 1355 | + | 1, 2022): 1115 |
---|
| 1356 | + | (a) As used in this section and section 53-202x, as amended by this 1116 |
---|
| 1357 | + | act: 1117 |
---|
| 1358 | + | (1) "Large capacity magazine" means any firearm magazine, belt, 1118 |
---|
| 1359 | + | drum, feed strip or similar device that has the capacity of, or can be 1119 |
---|
| 1360 | + | readily restored or converted to accept, more than ten rounds of 1120 |
---|
| 1361 | + | ammunition, but does not include: (A) A feeding device that has been 1121 |
---|
| 1362 | + | permanently altered so that it cannot accommodate more than ten 1122 |
---|
| 1363 | + | Governor's Bill No. 16 |
---|
| 1364 | + | |
---|
| 1365 | + | |
---|
| 1366 | + | |
---|
| 1367 | + | LCO No. 703 38 of 52 |
---|
| 1368 | + | |
---|
| 1369 | + | rounds of ammunition, (B) a .22 caliber tube ammunition feeding 1123 |
---|
| 1370 | + | device, (C) a tubular magazine that is contained in a lever-action 1124 |
---|
| 1371 | + | firearm, or (D) a magazine that is permanently inoperable; 1125 |
---|
| 1372 | + | (2) "Lawfully possesses", with respect to a large capacity magazine, 1126 |
---|
| 1373 | + | means that a person has (A) actual and lawful possession of the large 1127 |
---|
| 1374 | + | capacity magazine, (B) constructive possession of the large capacity 1128 |
---|
| 1375 | + | magazine pursuant to a lawful purchase of a firearm that contains a 1129 |
---|
| 1376 | + | large capacity magazine that was transacted prior to or on April 4, 2013, 1130 |
---|
| 1377 | + | regardless of whether the firearm was delivered to the purchaser prior 1131 |
---|
| 1378 | + | to or on April 4, 2013, which lawful purchase is evidenced by a writing 1132 |
---|
| 1379 | + | sufficient to indicate that (i) a contract for sale was made between the 1133 |
---|
| 1380 | + | parties prior to or on April 4, 2013, for the purchase of the firearm, or (ii) 1134 |
---|
| 1381 | + | full or partial payment for the firearm was made by the purchaser to the 1135 |
---|
| 1382 | + | seller of the firearm prior to or on April 4, 2013, or (C) actual possession 1136 |
---|
| 1383 | + | under subparagraph (A) of this subdivision, or constructive possession 1137 |
---|
| 1384 | + | under subparagraph (B) of this subdivision, as evidenced by a written 1138 |
---|
| 1385 | + | statement made under penalty of false statement on such form as the 1139 |
---|
| 1386 | + | Commissioner of Emergency Services and Public Protection prescribes; 1140 |
---|
| 1387 | + | and 1141 |
---|
| 1388 | + | (3) "Licensed gun dealer" means a person who has a federal firearms 1142 |
---|
| 1389 | + | license and a local permit and state license to sell firearms pursuant to 1143 |
---|
| 1390 | + | section 29-28, as amended by this act. 1144 |
---|
| 1391 | + | Sec. 23. Subsection (e) of section 53-202x of the general statutes is 1145 |
---|
| 1392 | + | repealed and the following is substituted in lieu thereof (Effective October 1146 |
---|
| 1393 | + | 1, 2022): 1147 |
---|
| 1394 | + | (e) (1) If an owner of a large capacity magazine transfers the large 1148 |
---|
| 1395 | + | capacity magazine to a licensed gun dealer, such dealer shall, at the time 1149 |
---|
| 1396 | + | of delivery of the large capacity magazine, execute a certificate of 1150 |
---|
| 1397 | + | transfer. For any transfer prior to January 1, 2014, the dealer shall 1151 |
---|
| 1398 | + | provide to the Commissioner of Emergency Services and Public 1152 |
---|
| 1399 | + | Protection monthly reports, on such form as the commissioner 1153 |
---|
| 1400 | + | Governor's Bill No. 16 |
---|
| 1401 | + | |
---|
| 1402 | + | |
---|
| 1403 | + | |
---|
| 1404 | + | LCO No. 703 39 of 52 |
---|
| 1405 | + | |
---|
| 1406 | + | prescribes, regarding the number of transfers that the dealer has 1154 |
---|
| 1407 | + | accepted. For any transfer on or after January 1, 2014, the dealer shall 1155 |
---|
| 1408 | + | cause the certificate of transfer to be mailed or delivered to the 1156 |
---|
| 1409 | + | Commissioner of Emergency Services and Public Protection. The 1157 |
---|
| 1410 | + | certificate of transfer shall contain: (A) The date of sale or transfer; (B) 1158 |
---|
| 1411 | + | the name and address of the seller or transferor and the licensed gun 1159 |
---|
| 1412 | + | dealer, and their Social Security numbers or motor vehicle operator 1160 |
---|
| 1413 | + | license numbers, if applicable; (C) the licensed gun dealer's federal 1161 |
---|
| 1414 | + | firearms license number; and (D) a description of the large capacity 1162 |
---|
| 1415 | + | magazine. 1163 |
---|
| 1416 | + | (2) The licensed gun dealer shall present such dealer's federal 1164 |
---|
| 1417 | + | firearms license and seller's local permit and state license to the seller or 1165 |
---|
| 1418 | + | transferor for inspection at the time of purchase or transfer. 1166 |
---|
| 1419 | + | (3) The Commissioner of Emergency Services and Public Protection 1167 |
---|
| 1420 | + | shall maintain a file of all certificates of transfer at the commissioner's 1168 |
---|
| 1421 | + | central office. 1169 |
---|
| 1422 | + | Sec. 24. Subsection (b) of section 54-36e of the general statutes is 1170 |
---|
| 1423 | + | repealed and the following is substituted in lieu thereof (Effective October 1171 |
---|
| 1424 | + | 1, 2022): 1172 |
---|
| 1425 | + | (b) Firearms and ammunition turned over to the state police pursuant 1173 |
---|
| 1426 | + | to subsection (a) of this section which are not destroyed or retained for 1174 |
---|
| 1427 | + | appropriate use shall be sold at public auctions, conducted by the 1175 |
---|
| 1428 | + | Commissioner of Administrative Services or said commissioner's 1176 |
---|
| 1429 | + | designee. Pistols and revolvers, as defined in section 53a-3, which are 1177 |
---|
| 1430 | + | antiques, as defined in section 29-33, as amended by this act, or curios 1178 |
---|
| 1431 | + | or relics, as defined in the Code of Federal Regulations, Title 27, Chapter 1179 |
---|
| 1432 | + | 1, Part 178, or modern pistols and revolvers which have a current retail 1180 |
---|
| 1433 | + | value of one hundred dollars or more may be sold at such public 1181 |
---|
| 1434 | + | auctions, provided such pistols and revolvers shall be sold only to 1182 |
---|
| 1435 | + | persons who have a valid local permit and state license to sell [a pistol 1183 |
---|
| 1436 | + | or revolver] firearms at retail, or a valid permit to carry a pistol or 1184 |
---|
| 1437 | + | Governor's Bill No. 16 |
---|
| 1438 | + | |
---|
| 1439 | + | |
---|
| 1440 | + | |
---|
| 1441 | + | LCO No. 703 40 of 52 |
---|
| 1442 | + | |
---|
| 1443 | + | revolver, issued pursuant to section 29-28, as amended by this act. Rifles 1185 |
---|
| 1444 | + | and shotguns, as defined in section 53a-3, shall be sold only to persons 1186 |
---|
| 1445 | + | qualified under federal law to purchase such rifles and shotguns and 1187 |
---|
| 1446 | + | who have a valid long gun eligibility certificate issued pursuant to 1188 |
---|
| 1447 | + | section 29-37p, as amended by this act. The proceeds of any such sale 1189 |
---|
| 1448 | + | shall be paid to the State Treasurer and deposited by the State Treasurer 1190 |
---|
| 1449 | + | in the forfeit firearms account within the General Fund. 1191 |
---|
| 1450 | + | Sec. 25. Subsection (b) of section 29-28 of the 2022 supplement to the 1192 |
---|
| 1451 | + | general statutes, as amended by section 3 of public act 21-67, is repealed 1193 |
---|
| 1452 | + | and the following is substituted in lieu thereof (Effective October 1, 2022): 1194 |
---|
| 1453 | + | (b) Upon the application of any person having a bona fide permanent 1195 |
---|
| 1454 | + | residence within the jurisdiction of any such authority, such chief of 1196 |
---|
| 1455 | + | police, warden or selectman may issue a temporary state permit to such 1197 |
---|
| 1456 | + | person to carry a pistol or revolver within the state, provided such 1198 |
---|
| 1457 | + | authority shall find that such applicant intends to make no use of any 1199 |
---|
| 1458 | + | pistol or revolver which such applicant may be permitted to carry under 1200 |
---|
| 1459 | + | such permit other than a lawful use and that such person is a suitable 1201 |
---|
| 1460 | + | person to receive such permit. No state or temporary state permit to 1202 |
---|
| 1461 | + | carry a pistol or revolver shall be issued under this subsection if the 1203 |
---|
| 1462 | + | applicant (1) has failed to successfully complete a course approved by 1204 |
---|
| 1463 | + | the Commissioner of Emergency Services and Public Protection in the 1205 |
---|
| 1464 | + | safety and use of pistols and revolvers including, but not limited to, a 1206 |
---|
| 1465 | + | safety or training course in the use of pistols and revolvers available to 1207 |
---|
| 1466 | + | the public offered by a law enforcement agency, a private or public 1208 |
---|
| 1467 | + | educational institution or a firearms training school, utilizing instructors 1209 |
---|
| 1468 | + | certified by the National Rifle Association or the Department of Energy 1210 |
---|
| 1469 | + | and Environmental Protection and a safety or training course in the use 1211 |
---|
| 1470 | + | of pistols or revolvers conducted by an instructor certified by the state 1212 |
---|
| 1471 | + | or the National Rifle Association, (2) has been convicted of (A) a felony, 1213 |
---|
| 1472 | + | [or] (B) a misdemeanor violation of section 21a-279 on or after October 1214 |
---|
| 1473 | + | 1, 2015, [or] (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-1215 |
---|
| 1474 | + | 61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, or (D) 1216 |
---|
| 1475 | + | a felony or misdemeanor violation of any law of this state that 1217 |
---|
| 1476 | + | Governor's Bill No. 16 |
---|
| 1477 | + | |
---|
| 1478 | + | |
---|
| 1479 | + | |
---|
| 1480 | + | LCO No. 703 41 of 52 |
---|
| 1481 | + | |
---|
| 1482 | + | constitutes a family violence crime, as defined in section 46b-38a, during 1218 |
---|
| 1483 | + | the preceding twenty years, (3) has been convicted as delinquent for the 1219 |
---|
| 1484 | + | commission of a serious juvenile offense, as defined in section 46b-120, 1220 |
---|
| 1485 | + | as amended by this act, (4) has been discharged from custody within the 1221 |
---|
| 1486 | + | preceding twenty years after having been found not guilty of a crime by 1222 |
---|
| 1487 | + | reason of mental disease or defect pursuant to section 53a-13, (5) (A) has 1223 |
---|
| 1488 | + | been confined in a hospital for persons with psychiatric disabilities, as 1224 |
---|
| 1489 | + | defined in section 17a-495, within the preceding sixty months by order 1225 |
---|
| 1490 | + | of a probate court, or (B) has been voluntarily admitted on or after 1226 |
---|
| 1491 | + | October 1, 2013, to a hospital for persons with psychiatric disabilities, as 1227 |
---|
| 1492 | + | defined in section 17a-495, within the preceding six months for care and 1228 |
---|
| 1493 | + | treatment of a psychiatric disability and not solely for being an alcohol-1229 |
---|
| 1494 | + | dependent person or a drug-dependent person as those terms are 1230 |
---|
| 1495 | + | defined in section 17a-680, (6) is subject to a restraining or protective 1231 |
---|
| 1496 | + | order issued by a court in a case involving the use, attempted use or 1232 |
---|
| 1497 | + | threatened use of physical force against another person, including an ex 1233 |
---|
| 1498 | + | parte order issued pursuant to section 46b-15 or 46b-16a, (7) is subject to 1234 |
---|
| 1499 | + | a firearms seizure order issued prior to June 1, 2022, pursuant to section 1235 |
---|
| 1500 | + | 29-38c after notice and hearing, or a risk protection order or risk 1236 |
---|
| 1501 | + | protection investigation order issued on or after June 1, 2022, pursuant 1237 |
---|
| 1502 | + | to section 29-38c, (8) is prohibited from shipping, transporting, 1238 |
---|
| 1503 | + | possessing or receiving a firearm pursuant to [18 USC 922(g)(4)] 18 USC 1239 |
---|
| 1504 | + | 922(g)(2), (g)(4) or (g)(9), (9) is an alien illegally or unlawfully in the 1240 |
---|
| 1505 | + | United States, or (10) is less than twenty-one years of age. Nothing in 1241 |
---|
| 1506 | + | this section shall require any person who holds a valid permit to carry a 1242 |
---|
| 1507 | + | pistol or revolver on October 1, 1994, to participate in any additional 1243 |
---|
| 1508 | + | training in the safety and use of pistols and revolvers. No person may 1244 |
---|
| 1509 | + | apply for a temporary state permit to carry a pistol or revolver more 1245 |
---|
| 1510 | + | than once within any twelve-month period, and no temporary state 1246 |
---|
| 1511 | + | permit to carry a pistol or revolver shall be issued to any person who 1247 |
---|
| 1512 | + | has applied for such permit more than once within the preceding twelve 1248 |
---|
| 1513 | + | months. Any person who applies for a temporary state permit to carry 1249 |
---|
| 1514 | + | a pistol or revolver shall indicate in writing on the application, under 1250 |
---|
| 1515 | + | penalty of false statement in such manner as the issuing authority 1251 |
---|
| 1516 | + | Governor's Bill No. 16 |
---|
| 1517 | + | |
---|
| 1518 | + | |
---|
| 1519 | + | |
---|
| 1520 | + | LCO No. 703 42 of 52 |
---|
| 1521 | + | |
---|
| 1522 | + | prescribes, that such person has not applied for a temporary state permit 1252 |
---|
| 1523 | + | to carry a pistol or revolver within the past twelve months. Upon 1253 |
---|
| 1524 | + | issuance of a temporary state permit to carry a pistol or revolver to the 1254 |
---|
| 1525 | + | applicant, the local authority shall forward the original application to 1255 |
---|
| 1526 | + | the commissioner. Not later than sixty days after receiving a temporary 1256 |
---|
| 1527 | + | state permit, an applicant shall appear at a location designated by the 1257 |
---|
| 1528 | + | commissioner to receive the state permit. The commissioner may then 1258 |
---|
| 1529 | + | issue, to any holder of any temporary state permit, a state permit to carry 1259 |
---|
| 1530 | + | a pistol or revolver within the state. Upon issuance of the state permit, 1260 |
---|
| 1531 | + | the commissioner shall make available to the permit holder a copy of 1261 |
---|
| 1532 | + | the law regarding the permit holder's responsibility to report the loss or 1262 |
---|
| 1533 | + | theft of a firearm and the penalties associated with the failure to comply 1263 |
---|
| 1534 | + | with such law. Upon issuance of the state permit, the commissioner shall 1264 |
---|
| 1535 | + | forward a record of such permit to the local authority issuing the 1265 |
---|
| 1536 | + | temporary state permit. The commissioner shall retain records of all 1266 |
---|
| 1537 | + | applications, whether approved or denied. The copy of the state permit 1267 |
---|
| 1538 | + | delivered to the permittee shall be laminated and shall contain a full-1268 |
---|
| 1539 | + | face photograph of such permittee. A person holding a state permit 1269 |
---|
| 1540 | + | issued pursuant to this subsection shall notify the issuing authority 1270 |
---|
| 1541 | + | within two business days of any change of such person's address. The 1271 |
---|
| 1542 | + | notification shall include the old address and the new address of such 1272 |
---|
| 1543 | + | person. 1273 |
---|
| 1544 | + | Sec. 26. Subsection (b) of section 29-36f of the 2022 supplement to the 1274 |
---|
| 1545 | + | general statutes, as amended by section 4 of public act 21-67, is repealed 1275 |
---|
| 1546 | + | and the following is substituted in lieu thereof (Effective October 1, 2022): 1276 |
---|
| 1547 | + | (b) The Commissioner of Emergency Services and Public Protection 1277 |
---|
| 1548 | + | shall issue an eligibility certificate unless said commissioner finds that 1278 |
---|
| 1549 | + | the applicant: (1) Has failed to successfully complete a course approved 1279 |
---|
| 1550 | + | by the Commissioner of Emergency Services and Public Protection in 1280 |
---|
| 1551 | + | the safety and use of pistols and revolvers including, but not limited to, 1281 |
---|
| 1552 | + | a safety or training course in the use of pistols and revolvers available 1282 |
---|
| 1553 | + | to the public offered by a law enforcement agency, a private or public 1283 |
---|
| 1554 | + | educational institution or a firearms training school, utilizing instructors 1284 |
---|
| 1555 | + | Governor's Bill No. 16 |
---|
| 1556 | + | |
---|
| 1557 | + | |
---|
| 1558 | + | |
---|
| 1559 | + | LCO No. 703 43 of 52 |
---|
| 1560 | + | |
---|
| 1561 | + | certified by the National Rifle Association or the Department of Energy 1285 |
---|
| 1562 | + | and Environmental Protection and a safety or training course in the use 1286 |
---|
| 1563 | + | of pistols or revolvers conducted by an instructor certified by the state 1287 |
---|
| 1564 | + | or the National Rifle Association; (2) has been convicted of (A) a felony, 1288 |
---|
| 1565 | + | (B) a misdemeanor violation of section 21a-279 on or after October 1, 1289 |
---|
| 1566 | + | 2015, [or] (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 1290 |
---|
| 1567 | + | 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, or (D) a 1291 |
---|
| 1568 | + | felony or misdemeanor violation of any law of this state that constitutes 1292 |
---|
| 1569 | + | a family violence crime, as defined in section 46b-38a, during the 1293 |
---|
| 1570 | + | preceding twenty years; (3) has been convicted as delinquent for the 1294 |
---|
| 1571 | + | commission of a serious juvenile offense, as defined in section 46b-120, 1295 |
---|
| 1572 | + | as amended by this act; (4) has been discharged from custody within the 1296 |
---|
| 1573 | + | preceding twenty years after having been found not guilty of a crime by 1297 |
---|
| 1574 | + | reason of mental disease or defect pursuant to section 53a-13; (5) (A) has 1298 |
---|
| 1575 | + | been confined in a hospital for persons with psychiatric disabilities, as 1299 |
---|
| 1576 | + | defined in section 17a-495, within the preceding sixty months by order 1300 |
---|
| 1577 | + | of a probate court; or (B) has been voluntarily admitted on or after 1301 |
---|
| 1578 | + | October 1, 2013, to a hospital for persons with psychiatric disabilities, as 1302 |
---|
| 1579 | + | defined in section 17a-495, within the preceding six months for care and 1303 |
---|
| 1580 | + | treatment of a psychiatric disability and not solely for being an alcohol-1304 |
---|
| 1581 | + | dependent person or a drug-dependent person as those terms are 1305 |
---|
| 1582 | + | defined in section 17a-680; (6) is subject to a restraining or protective 1306 |
---|
| 1583 | + | order issued by a court in a case involving the use, attempted use or 1307 |
---|
| 1584 | + | threatened use of physical force against another person, including an ex 1308 |
---|
| 1585 | + | parte order issued pursuant to section 46b-15 or section 46b-16a; (7) is 1309 |
---|
| 1586 | + | subject to a firearms seizure order issued prior to June 1, 2022, pursuant 1310 |
---|
| 1587 | + | to section 29-38c after notice and hearing, or a risk protection order or 1311 |
---|
| 1588 | + | risk protection investigation order issued on or after June 1, 2022, 1312 |
---|
| 1589 | + | pursuant to section 29-38c; (8) is prohibited from shipping, transporting, 1313 |
---|
| 1590 | + | possessing or receiving a firearm pursuant to [18 USC 922(g)(4)] 18 USC 1314 |
---|
| 1591 | + | 922(g)(2), (g)(4) or (g)(9); or (9) is an alien illegally or unlawfully in the 1315 |
---|
| 1592 | + | United States. 1316 |
---|
| 1593 | + | Sec. 27. Subsection (b) of section 29-37p of the 2022 supplement to the 1317 |
---|
| 1594 | + | Governor's Bill No. 16 |
---|
| 1595 | + | |
---|
| 1596 | + | |
---|
| 1597 | + | |
---|
| 1598 | + | LCO No. 703 44 of 52 |
---|
| 1599 | + | |
---|
| 1600 | + | general statutes, as amended by section 5 of public act 21-67, is repealed 1318 |
---|
| 1601 | + | and the following is substituted in lieu thereof (Effective October 1, 2022): 1319 |
---|
| 1602 | + | (b) The Commissioner of Emergency Services and Public Protection 1320 |
---|
| 1603 | + | shall issue a long gun eligibility certificate unless said commissioner 1321 |
---|
| 1604 | + | finds that the applicant: (1) Has failed to successfully complete a course 1322 |
---|
| 1605 | + | approved by the Commissioner of Emergency Services and Public 1323 |
---|
| 1606 | + | Protection in the safety and use of firearms including, but not limited to, 1324 |
---|
| 1607 | + | a safety or training course in the use of firearms available to the public 1325 |
---|
| 1608 | + | offered by a law enforcement agency, a private or public educational 1326 |
---|
| 1609 | + | institution or a firearms training school, utilizing instructors certified by 1327 |
---|
| 1610 | + | the National Rifle Association or the Department of Energy and 1328 |
---|
| 1611 | + | Environmental Protection and a safety or training course in the use of 1329 |
---|
| 1612 | + | firearms conducted by an instructor certified by the state or the National 1330 |
---|
| 1613 | + | Rifle Association; (2) has been convicted of (A) a felony, (B) a 1331 |
---|
| 1614 | + | misdemeanor violation of section 21a-279 on or after October 1, 2015, 1332 |
---|
| 1615 | + | [or] (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-1333 |
---|
| 1616 | + | 62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, or (D) a felony 1334 |
---|
| 1617 | + | or misdemeanor violation of any law of this state that constitutes a 1335 |
---|
| 1618 | + | family violence crime, as defined in section 46b-38a, during the 1336 |
---|
| 1619 | + | preceding twenty years; (3) has been convicted as delinquent for the 1337 |
---|
| 1620 | + | commission of a serious juvenile offense, as defined in section 46b-120, 1338 |
---|
| 1621 | + | as amended by this act; (4) has been discharged from custody within the 1339 |
---|
| 1622 | + | preceding twenty years after having been found not guilty of a crime by 1340 |
---|
| 1623 | + | reason of mental disease or defect pursuant to section 53a-13; (5) has 1341 |
---|
| 1624 | + | been confined in a hospital for persons with psychiatric disabilities, as 1342 |
---|
| 1625 | + | defined in section 17a-495, within the preceding sixty months by order 1343 |
---|
| 1626 | + | of a probate court; (6) has been voluntarily admitted to a hospital for 1344 |
---|
| 1627 | + | persons with psychiatric disabilities, as defined in section 17a-495, 1345 |
---|
| 1628 | + | within the preceding six months for care and treatment of a psychiatric 1346 |
---|
| 1629 | + | disability and not solely for being an alcohol-dependent person or a 1347 |
---|
| 1630 | + | drug-dependent person as those terms are defined in section 17a-680; 1348 |
---|
| 1631 | + | (7) is subject to a restraining or protective order issued by a court in a 1349 |
---|
| 1632 | + | case involving the use, attempted use or threatened use of physical force 1350 |
---|
| 1633 | + | Governor's Bill No. 16 |
---|
| 1634 | + | |
---|
| 1635 | + | |
---|
| 1636 | + | |
---|
| 1637 | + | LCO No. 703 45 of 52 |
---|
| 1638 | + | |
---|
| 1639 | + | against another person, including an ex parte order issued pursuant to 1351 |
---|
| 1640 | + | section 46b-15 or 46b-16a; (8) is subject to a firearms seizure order issued 1352 |
---|
| 1641 | + | prior to June 1, 2022, pursuant to section 29-38c after notice and hearing, 1353 |
---|
| 1642 | + | or a risk protection order or risk protection investigation order issued 1354 |
---|
| 1643 | + | on or after June 1, 2022, pursuant to section 29-38c; (9) is prohibited from 1355 |
---|
| 1644 | + | shipping, transporting, possessing or receiving a firearm pursuant to [18 1356 |
---|
| 1645 | + | USC 922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9); or (10) is an alien 1357 |
---|
| 1646 | + | illegally or unlawfully in the United States. 1358 |
---|
| 1647 | + | Sec. 28. Subsection (a) of section 29-37b of the general statutes is 1359 |
---|
| 1648 | + | repealed and the following is substituted in lieu thereof (Effective October 1360 |
---|
| 1649 | + | 1, 2022): 1361 |
---|
| 1650 | + | (a) Each person, firm or corporation which engages in the retail sale 1362 |
---|
| 1651 | + | of any [pistol or revolver] firearm, at the time of sale of any such [pistol 1363 |
---|
| 1652 | + | or revolver] firearm, shall (1) equip such [pistol or revolver] firearm 1364 |
---|
| 1653 | + | with a reusable trigger lock, gun lock or gun locking device appropriate 1365 |
---|
| 1654 | + | for such firearm, which lock or device shall be constructed of material 1366 |
---|
| 1655 | + | sufficiently strong to prevent it from being easily disabled and have a 1367 |
---|
| 1656 | + | locking mechanism accessible by key or by electronic or other 1368 |
---|
| 1657 | + | mechanical accessory specific to such lock or device to prevent 1369 |
---|
| 1658 | + | unauthorized removal, and (2) provide to the purchaser thereof a 1370 |
---|
| 1659 | + | written warning which shall state in block letters not less than one inch 1371 |
---|
| 1660 | + | in height: "UNLAWFUL STORAGE OF A LOADED FIREARM MAY 1372 |
---|
| 1661 | + | RESULT IN IMPRISONMENT OR FINE." 1373 |
---|
| 1662 | + | Sec. 29. Subsection (e) of section 46b-133 of the 2022 supplement to 1374 |
---|
| 1663 | + | the general statutes is repealed and the following is substituted in lieu 1375 |
---|
| 1664 | + | thereof (Effective October 1, 2022): 1376 |
---|
| 1665 | + | (e) When a child is arrested for the commission of a delinquent act 1377 |
---|
| 1666 | + | and is placed in a juvenile residential center pursuant to subsection (c) 1378 |
---|
| 1667 | + | of this section, such child may be detained pending a hearing which 1379 |
---|
| 1668 | + | shall be held on the business day next following the child's arrest. No 1380 |
---|
| 1669 | + | child may be detained after such hearing unless the court determines, 1381 |
---|
| 1670 | + | Governor's Bill No. 16 |
---|
| 1671 | + | |
---|
| 1672 | + | |
---|
| 1673 | + | |
---|
| 1674 | + | LCO No. 703 46 of 52 |
---|
| 1675 | + | |
---|
| 1676 | + | based on the available facts, that (1) there is probable cause to believe 1382 |
---|
| 1677 | + | that the child has committed the acts alleged, (2) there is no less 1383 |
---|
| 1678 | + | restrictive alternative available, and (3) through the use of the detention 1384 |
---|
| 1679 | + | risk screening instrument developed pursuant to section 46b-133g, that 1385 |
---|
| 1680 | + | there is (A) probable cause to believe that the level of risk the child poses 1386 |
---|
| 1681 | + | to public safety if released to the community prior to the court hearing 1387 |
---|
| 1682 | + | or disposition cannot be managed in a less restrictive setting; (B) a need 1388 |
---|
| 1683 | + | to hold the child in order to ensure the child's appearance before the 1389 |
---|
| 1684 | + | court or compliance with court process, as demonstrated by the child's 1390 |
---|
| 1685 | + | previous failure to respond to the court process, or (C) a need to hold 1391 |
---|
| 1686 | + | the child for another jurisdiction. Such probable cause may be shown by 1392 |
---|
| 1687 | + | sworn affidavit in lieu of testimony. No child shall be released from a 1393 |
---|
| 1688 | + | juvenile residential center who is alleged to have committed a serious 1394 |
---|
| 1689 | + | juvenile offense except by order of a judge of the Superior Court. The 1395 |
---|
| 1690 | + | court may, in its discretion, consider as an alternative to detention a 1396 |
---|
| 1691 | + | suspended detention order with graduated sanctions to be imposed 1397 |
---|
| 1692 | + | based on the detention risk screening for such child, using the 1398 |
---|
| 1693 | + | instrument developed pursuant to section 46b-133g. Any child confined 1399 |
---|
| 1694 | + | in a community correctional center or lockup shall be held in an area 1400 |
---|
| 1695 | + | separate and apart from any adult detainee, except in the case of a 1401 |
---|
| 1696 | + | nursing infant, and no child shall at any time be held in solitary 1402 |
---|
| 1697 | + | confinement or held for a period that exceeds six hours, except that if an 1403 |
---|
| 1698 | + | officer has submitted an application for an order of detention and the 1404 |
---|
| 1699 | + | judge has not yet ruled on such application, or if such officer has been 1405 |
---|
| 1700 | + | unable to contact such child's parent or guardian, such child may be 1406 |
---|
| 1701 | + | held for a period not exceeding eight hours. When a female child is held 1407 |
---|
| 1702 | + | in custody, she shall, as far as possible, be in the charge of a woman 1408 |
---|
| 1703 | + | attendant. 1409 |
---|
| 1704 | + | Sec. 30. Subsection (d) of section 46b-124 of the 2022 supplement to 1410 |
---|
| 1705 | + | the general statutes is repealed and the following is substituted in lieu 1411 |
---|
| 1706 | + | thereof (Effective October 1, 2022): 1412 |
---|
| 1707 | + | (d) Records of cases of juvenile matters involving delinquency 1413 |
---|
| 1708 | + | proceedings shall be available to (1) Judicial Branch employees who, in 1414 |
---|
| 1709 | + | Governor's Bill No. 16 |
---|
| 1710 | + | |
---|
| 1711 | + | |
---|
| 1712 | + | |
---|
| 1713 | + | LCO No. 703 47 of 52 |
---|
| 1714 | + | |
---|
| 1715 | + | the performance of their duties, require access to such records, (2) judges 1415 |
---|
| 1716 | + | and employees of the Probate Court who, in the performance of their 1416 |
---|
| 1717 | + | duties, require access to such records, and (3) employees and authorized 1417 |
---|
| 1718 | + | agents of municipal, state or federal agencies involved in (A) the 1418 |
---|
| 1719 | + | delinquency proceedings, (B) the provision of services directly to the 1419 |
---|
| 1720 | + | child, or (C) the delivery of court diversionary programs. Such 1420 |
---|
| 1721 | + | employees and authorized agents include, but are not limited to, law 1421 |
---|
| 1722 | + | enforcement officials, community-based youth service bureau officials, 1422 |
---|
| 1723 | + | state and federal prosecutorial officials, school officials in accordance 1423 |
---|
| 1724 | + | with section 10-233h, court officials including officials of both the 1424 |
---|
| 1725 | + | regular criminal docket and the docket for juvenile matters and officials 1425 |
---|
| 1726 | + | of the Division of Criminal Justice, the Division of Public Defender 1426 |
---|
| 1727 | + | Services, the Department of Children and Families, if the child is 1427 |
---|
| 1728 | + | committed pursuant to section 46b-129, provided such disclosure shall 1428 |
---|
| 1729 | + | be limited to (i) information that identifies the child as the subject of the 1429 |
---|
| 1730 | + | delinquency petition, or (ii) the records of the delinquency proceedings, 1430 |
---|
| 1731 | + | when the juvenile court orders the department to provide services to 1431 |
---|
| 1732 | + | said child, the Court Support Services Division and agencies under 1432 |
---|
| 1733 | + | contract with the Judicial Branch. Such records shall also be available to 1433 |
---|
| 1734 | + | (I) the attorney representing the child, including the Division of Public 1434 |
---|
| 1735 | + | Defender Services, in any proceeding in which such records are 1435 |
---|
| 1736 | + | relevant, (II) the parents or guardian of the child, until such time as the 1436 |
---|
| 1737 | + | subject of the record reaches the age of majority, (III) the subject of the 1437 |
---|
| 1738 | + | record, upon submission of satisfactory proof of the subject's identity, 1438 |
---|
| 1739 | + | pursuant to guidelines prescribed by the Office of the Chief Court 1439 |
---|
| 1740 | + | Administrator, provided the subject has reached the age of majority, 1440 |
---|
| 1741 | + | (IV) law enforcement officials and prosecutorial officials conducting 1441 |
---|
| 1742 | + | legitimate criminal investigations, (V) a state or federal agency 1442 |
---|
| 1743 | + | providing services related to the collection of moneys due or funding to 1443 |
---|
| 1744 | + | support the service needs of eligible juveniles, provided such disclosure 1444 |
---|
| 1745 | + | shall be limited to that information necessary for the collection of and 1445 |
---|
| 1746 | + | application for such moneys, (VI) members and employees of the Board 1446 |
---|
| 1747 | + | of Pardons and Paroles and employees of the Department of Correction 1447 |
---|
| 1748 | + | who, in the performance of their duties, require access to such records, 1448 |
---|
| 1749 | + | Governor's Bill No. 16 |
---|
| 1750 | + | |
---|
| 1751 | + | |
---|
| 1752 | + | |
---|
| 1753 | + | LCO No. 703 48 of 52 |
---|
| 1754 | + | |
---|
| 1755 | + | provided the subject of the record has been convicted of a crime in the 1449 |
---|
| 1756 | + | regular criminal docket of the Superior Court and such records are 1450 |
---|
| 1757 | + | relevant to the performance of a risk and needs assessment of such 1451 |
---|
| 1758 | + | person while such person is incarcerated, the determination of such 1452 |
---|
| 1759 | + | person's suitability for release from incarceration or for a pardon, or the 1453 |
---|
| 1760 | + | determination of the supervision and treatment needs of such person 1454 |
---|
| 1761 | + | while on parole or other supervised release, and (VII) members and 1455 |
---|
| 1762 | + | employees of the Judicial Review Council who, in the performance of 1456 |
---|
| 1763 | + | their duties related to said council, require access to such records. 1457 |
---|
| 1764 | + | Records disclosed pursuant to this subsection shall not be further 1458 |
---|
| 1765 | + | disclosed, except that information contained in such records may be 1459 |
---|
| 1766 | + | disclosed in connection with bail or sentencing reports in open court 1460 |
---|
| 1767 | + | during criminal proceedings involving the subject of such information, 1461 |
---|
| 1768 | + | or as otherwise provided by law. Records of cases of juvenile matters 1462 |
---|
| 1769 | + | involving delinquency proceedings, including arrest records, in the past 1463 |
---|
| 1770 | + | ninety days shall be available via direct electronic means to state and 1464 |
---|
| 1771 | + | municipal law enforcement officials conducting criminal investigations. 1465 |
---|
| 1772 | + | Sec. 31. Subdivision (8) of section 46b-120 of the 2022 supplement to 1466 |
---|
| 1773 | + | the general statutes is repealed and the following is substituted in lieu 1467 |
---|
| 1774 | + | thereof (Effective October 1, 2022): 1468 |
---|
| 1775 | + | (8) "Serious juvenile offense" means (A) the violation of, including 1469 |
---|
| 1776 | + | attempt or conspiracy to violate, subsection (b) of section 14-223, 1470 |
---|
| 1777 | + | subsection (a) of section 14-224, subdivision (1) of subsection (b) of 1471 |
---|
| 1778 | + | section 14-224, section 21a-277, 21a-278, 29-33, as amended by this act, 1472 |
---|
| 1779 | + | 29-34, 29-35, as amended by this act, subdivision (2) or (3) of subsection 1473 |
---|
| 1780 | + | (a) of section 53-21, 53-80a, 53-202b, 53-202c, as amended by this act, 53-1474 |
---|
| 1781 | + | 390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, 1475 |
---|
| 1782 | + | inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-1476 |
---|
| 1783 | + | 86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-1477 |
---|
| 1784 | + | 102a, 53a-103a or 53a-111 to 53a-113, inclusive, subdivision (1) of 1478 |
---|
| 1785 | + | subsection (a) of section 53a-122, subdivision (3) of subsection (a) of 1479 |
---|
| 1786 | + | section 53a-123, section 53a-134, 53a-135, 53a-136a or 53a-167c, 1480 |
---|
| 1787 | + | subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 1481 |
---|
| 1788 | + | Governor's Bill No. 16 |
---|
| 1789 | + | |
---|
| 1790 | + | |
---|
| 1791 | + | |
---|
| 1792 | + | LCO No. 703 49 of 52 |
---|
| 1793 | + | |
---|
| 1794 | + | 53a-216 or 53a-217b, (B) a second violation of, including attempt or 1482 |
---|
| 1795 | + | conspiracy to violate, subdivision (3) of subsection (a) of section 53a-122, 1483 |
---|
| 1796 | + | subdivision (1) of subsection (a) of section 53a-123 or subdivision (1) of 1484 |
---|
| 1797 | + | subsection (a) of section 53a-124, or [(B)] (C) absconding, escaping or 1485 |
---|
| 1798 | + | running away, without just cause, from any secure residential facility in 1486 |
---|
| 1799 | + | which the child has been placed by the court as a delinquent child; 1487 |
---|
| 1800 | + | Sec. 32. Section 46b-133 of the 2022 supplement to the general statutes 1488 |
---|
| 1801 | + | is amended by adding subsection (l) as follows (Effective October 1, 2022): 1489 |
---|
| 1802 | + | (NEW) (l) The court shall order that any child (1) who is released on 1490 |
---|
| 1803 | + | a suspended detention order after being charged with a delinquency 1491 |
---|
| 1804 | + | offense involving a motor vehicle, as defined in section 46b-133j, or a 1492 |
---|
| 1805 | + | violation of subsection (b) of section 14-223, subsection (a) of section 14-1493 |
---|
| 1806 | + | 224 or subdivision (1) of subsection (b) of section 14-224, for which such 1494 |
---|
| 1807 | + | child is not yet adjudicated as delinquent, (2) who has been previously 1495 |
---|
| 1808 | + | adjudicated delinquent for an offense involving a motor vehicle or a 1496 |
---|
| 1809 | + | violation of subsection (b) of section 14-223, subsection (a) of section 14-1497 |
---|
| 1810 | + | 224 or subdivision (1) of subsection (b) of section 14-224, and (3) whose 1498 |
---|
| 1811 | + | suspended detention order includes a requirement that such child 1499 |
---|
| 1812 | + | remain in a given location at any time or refrain from being in a given 1500 |
---|
| 1813 | + | location at any time, be subject to electronic monitoring under the same 1501 |
---|
| 1814 | + | conditions as the electronic monitoring program established under 1502 |
---|
| 1815 | + | subsection (f) of section 46b-38c. 1503 |
---|
| 1816 | + | Sec. 33. Section 19a-4i of the general statutes is repealed and the 1504 |
---|
| 1817 | + | following is substituted in lieu thereof (Effective October 1, 2022): 1505 |
---|
| 1818 | + | There shall be, within the Department of Public Health, an Office of 1506 |
---|
| 1819 | + | Injury Prevention, whose purpose shall be to coordinate and expand 1507 |
---|
| 1820 | + | prevention and control activities related to intentional and 1508 |
---|
| 1821 | + | unintentional injuries. The duties of said office shall include, but are not 1509 |
---|
| 1822 | + | limited to, the following: (1) To serve as a data coordinator and analysis 1510 |
---|
| 1823 | + | source of mortality and injury statistics for other state agencies; (2) to 1511 |
---|
| 1824 | + | integrate an injury and violence prevention focus within the 1512 |
---|
| 1825 | + | Governor's Bill No. 16 |
---|
| 1826 | + | |
---|
| 1827 | + | |
---|
| 1828 | + | |
---|
| 1829 | + | LCO No. 703 50 of 52 |
---|
| 1830 | + | |
---|
| 1831 | + | Department of Public Health; (3) to develop collaborative relationships 1513 |
---|
| 1832 | + | with other state agencies and private and community organizations to 1514 |
---|
| 1833 | + | establish programs promoting injury prevention, awareness and 1515 |
---|
| 1834 | + | education to reduce automobile, motorcycle and bicycle injuries and 1516 |
---|
| 1835 | + | interpersonal violence, including homicide, child abuse, youth violence, 1517 |
---|
| 1836 | + | domestic violence, sexual assault and elderly abuse; (4) to support the 1518 |
---|
| 1837 | + | development of comprehensive community-based injury and violence 1519 |
---|
| 1838 | + | prevention initiatives within cities and towns of the state; [and] (5) to 1520 |
---|
| 1839 | + | develop sources of funding to establish and continue programs to 1521 |
---|
| 1840 | + | promote prevention of intentional and unintentional injuries; and (6) 1522 |
---|
| 1841 | + | within available appropriations, to establish a gun violence intervention 1523 |
---|
| 1842 | + | and prevention program to (A) fund and support the growth of 1524 |
---|
| 1843 | + | evidence-informed community violence and gun violence prevention 1525 |
---|
| 1844 | + | and intervention programs in the state, (B) strengthen partnerships 1526 |
---|
| 1845 | + | within the community, state and federal agencies involved in 1527 |
---|
| 1846 | + | community violence prevention and intervention, (C) collect timely data 1528 |
---|
| 1847 | + | on firearm and stabbing-involved injuries and deaths, and (D) evaluate 1529 |
---|
| 1848 | + | effectiveness of strategies implemented under the program. 1530 |
---|
| 1849 | + | Sec. 34. Subsection (b) of section 29-36n of the general statutes is 1531 |
---|
| 1850 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1532 |
---|
| 1851 | + | 2022): 1533 |
---|
| 1852 | + | (b) The Commissioner of Emergency Services and Public Protection, 1534 |
---|
| 1853 | + | in conjunction with the Chief State's Attorney and the Connecticut 1535 |
---|
| 1854 | + | Police Chiefs Association, shall update the protocol developed pursuant 1536 |
---|
| 1855 | + | to subsection (a) of this section to reflect the provisions of sections 29-1537 |
---|
| 1856 | + | 7h, 29-28, as amended by this act, 29-28a, 29-29, 29-30, as amended by 1538 |
---|
| 1857 | + | this act,29-32 and 29-35, as amended by this act, subsections (b) and (h) 1539 |
---|
| 1858 | + | of section 46b-15, subsections (c) and (d) of section 46b-38c and sections 1540 |
---|
| 1859 | + | 53-202a, as amended by this act, 53-202l [, 53-202m] and 53a-217 and 1541 |
---|
| 1860 | + | shall include in such protocol specific instructions for the transfer, 1542 |
---|
| 1861 | + | delivery or surrender of pistols and revolvers and other firearms and 1543 |
---|
| 1862 | + | ammunition when the assistance of more than one law enforcement 1544 |
---|
| 1863 | + | agency is necessary to effect the requirements of section 29-36k. 1545 |
---|
| 1864 | + | Governor's Bill No. 16 |
---|
| 1865 | + | |
---|
| 1866 | + | |
---|
| 1867 | + | |
---|
| 1868 | + | LCO No. 703 51 of 52 |
---|
| 1869 | + | |
---|
| 1870 | + | Sec. 35. Section 53-202m of the general statutes is repealed. (Effective 1546 |
---|
| 1871 | + | July 1, 2022) 1547 |
---|