Connecticut 2022 Regular Session

Connecticut Senate Bill SB00016 Compare Versions

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7-General Assembly Substitute Bill No. 16
5+General Assembly Governor's Bill No. 16
86 February Session, 2022
7+LCO No. 703
8+
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10+Referred to Committee on JUDICIARY
11+
12+
13+Introduced by:
14+Request of the Governor Pursuant
15+to Joint Rule 9
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14-AN ACT ADDRESSING GUN VIOLENCE.
21+AN ACT ADDRESSING GUN VIOLENCE AND JUVENILE CRIME.
1522 Be it enacted by the Senate and House of Representatives in General
1623 Assembly convened:
1724
1825 Section 1. Section 29-38e of the general statutes is repealed and the 1
1926 following is substituted in lieu thereof (Effective July 1, 2022): 2
2027 (a) There shall be within the Division of State Police, within the 3
2128 Department of Emergency Services and Public Protection, a state-wide 4
2229 firearms [trafficking] crimes and tracing task force for the effective 5
2330 cooperative enforcement of the laws of this state concerning the 6
2431 distribution and possession of firearms. 7
2532 (b) The task force shall be comprised of municipal and state law 8
2633 enforcement officers and may include federal law enforcement officers. 9
2734 Such task force shall be authorized to conduct any investigation 10
2835 authorized by this section at any place within the state as may be 11
2936 deemed necessary. 12
3037 (c) The task force may request and may receive from any federal, state 13
3138 or local agency, cooperation and assistance in the performance of its 14
39+Governor's Bill No. 16
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3245 duties, including the temporary assignment of personnel which may be 15
3346 necessary to carry out the performance of its functions. 16
34-(d) The task force may enter into mutual assistance and cooperation 17 Substitute Bill No. 16
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47+(d) The task force may enter into mutual assistance and cooperation 17
4148 agreements with other states pertaining to firearms law enforcement 18
4249 matters extending across state boundaries, and may consult and 19
4350 exchange information and personnel with agencies of other states with 20
4451 reference to firearms law enforcement problems of mutual concern. 21
4552 (e) The Commissioner of Emergency Services and Public Protection 22
4653 may appoint [a commanding officer and] such [other] personnel as the 23
4754 commissioner deems necessary for the duties of the task force, within 24
4855 available appropriations. 25
4956 (f) The task force shall: (1) Review the problem of illegal trafficking in 26
5057 firearms and its effects, including its effects on the public, and 27
5158 implement solutions to address the problem; (2) identify persons 28
5259 illegally trafficking in firearms and focus resources to prosecute such 29
5360 persons; (3) track firearms which were sold or distributed illegally and 30
5461 implement solutions to remove such firearms from persons illegally in 31
5562 possession of them; [and] (4) coordinate its activities with other law 32
5663 enforcement agencies within and without the state; and (5) not later than 33
5764 February 1, 2023, and annually thereafter, report in accordance with the 34
5865 provisions of section 11-4a to the Governor and the joint standing 35
5966 committees of the General Assembly having cognizance of matters 36
6067 relating to the judiciary and public safety on: (A) The number of 37
6168 individuals identified and arrested pursuant to subdivision (2) of this 38
62-subsection; (B) the number of firearms seized as a result of the task 39
69+subsection, (B) the number of firearms seized as a result of the task 39
6370 force's efforts pursuant to subdivision (3) of this subsection; and (C) any 40
6471 other activities of the task force during the preceding calendar year. 41
65-Sec. 2. Section 29-31 of the general statutes is repealed and the 42
66-following is substituted in lieu thereof (Effective July 1, 2022): 43
67-No sale of any pistol or revolver shall be made except in the room, 44
68-store or place described in the permit for the sale of pistols and 45
69-revolvers, and such permit or a copy thereof certified by the authority 46
70-issuing the same shall be exposed to view within the room, store or place 47
71-where pistols or revolvers are sold or offered or exposed for sale. No 48
72-sale or delivery of any pistol or revolver shall be made unless the 49 Substitute Bill No. 16
72+Sec. 2. Section 29-36a of the general statutes is repealed and the 42
73+following is substituted in lieu thereof (Effective from passage): 43
74+(a) No person shall complete the manufacture of a firearm without 44
75+subsequently (1) obtaining a unique serial number or other mark of 45
76+Governor's Bill No. 16
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79-purchaser or person to whom the same is to be delivered is personally 50
80-known to the vendor of such pistol or revolver or the person making 51
81-delivery thereof or unless the person making such purchase or to whom 52
82-delivery thereof is to be made provides evidence of his or her identity. 53
83-The vendor of any pistol or revolver shall keep a record of each pistol or 54
84-revolver sold in a book kept for that purpose, which record shall be in 55
85-such form as is prescribed by 27 CFR 478.125. The vendor of any pistol 56
86-or revolver shall make such record available for inspection upon the 57
87-request of any sworn member of an organized local police department 58
88-or the Division of State Police within the Department of Emergency 59
89-Services and Public Protection or any investigator assigned to the state-60
90-wide firearms [trafficking] crimes and tracing task force established 61
91-under section 29-38e, as amended by this act. 62
92-Sec. 3. Subsection (a) of section 29-38f of the general statutes is 63
93-repealed and the following is substituted in lieu thereof (Effective July 1, 64
94-2022): 65
95-(a) There shall be a State-Wide Firearms [trafficking] Crimes and 66
96-Tracing Task Force Policy Board within the Division of State Police, 67
97-within the Department of Emergency Services and Public Protection, for 68
98-administrative purposes only, consisting of the Commissioner of 69
99-Emergency Services and Public Protection, the Chief State's Attorney, 70
100-the agent in Connecticut in charge of the federal Bureau of Alcohol, 71
101-Tobacco and Firearms, the president of the Connecticut Police Chiefs 72
102-Association and five chiefs of police designated by said association, each 73
103-to serve for a term of one year, provided one such chief of police shall 74
104-be from a municipality with a population of one hundred thousand or 75
105-more. 76
106-Sec. 4. (Effective from passage) The Commissioner of Emergency 77
107-Services and Public Protection shall, in consultation with 78
108-representatives of a national firearms industry trade association that 79
109-advocates for safe enjoyment of recreational shooting and hunting, 80
110-study the feasibility of creating a state license to sell firearms and, not 81
111-later than December 31, 2022, report the findings of such study, in 82 Substitute Bill No. 16
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81+
82+identification from the Department of Emergency Services and Public 46
83+Protection pursuant to subsection (b) of this section, and (2) engraving 47
84+upon or permanently affixing to the firearm such serial number or other 48
85+mark in a manner that conforms with the requirements imposed on 49
86+licensed importers and licensed manufacturers of firearms pursuant to 50
87+18 USC 923(i), as amended from time to time, and any regulation 51
88+adopted thereunder. 52
89+(b) Not later than thirty days after a person completes the 53
90+manufacture of a firearm, [or ninety days after the Department of 54
91+Emergency Services and Public Protection provides notice in 55
92+accordance with section 29-36b that the system to distribute a unique 56
93+serial number or other mark of identification pursuant to this section is 57
94+operational, whichever date is later,] such person shall notify the 58
95+department of such manufacture and provide any identifying 59
96+information to the department concerning the firearm and the owner of 60
97+such firearm, in a manner prescribed by the Commissioner of 61
98+Emergency Services and Public Protection. Upon receiving a properly 62
99+submitted request for a unique serial number or other mark of 63
100+identification from a person who completes manufacture of a firearm, 64
101+the department shall determine if such person is prohibited from 65
102+purchasing a firearm and if not, shall issue to such person a unique serial 66
103+number or other mark of identification immediately and in no instance 67
104+more than three business days after the department receives such 68
105+request. Issuance of a unique serial number or other mark of 69
106+identification pursuant to this subsection shall not be evidence that the 70
107+firearm is otherwise lawfully possessed. 71
108+(c) (1) On and after January 1, 2023, no person shall possess a firearm 72
109+without a serial number or other mark of identification unless (A) such 73
110+person has declared possession of such firearm pursuant to subdivision 74
111+(2) or (3) of this subsection, or (B) such person has applied to obtain a 75
112+unique serial number or other mark of identification from the 76
113+Department of Emergency Services and Public Protection pursuant to 77
114+subsections (a) and (b) of this section and such person has not yet 78
115+Governor's Bill No. 16
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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
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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
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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
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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
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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
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268+
269+
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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
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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
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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
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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
1391872 This act shall take effect as follows and shall amend the following
1401873 sections:
1411874
1421875 Section 1 July 1, 2022 29-38e
143-Sec. 2 July 1, 2022 29-31
144-Sec. 3 July 1, 2022 29-38f(a)
145-Sec. 4 from passage New section
146-Sec. 5 from passage New section
147-Sec. 6 from passage New section
148-
149-Statement of Legislative Commissioners:
150-Sections 2 and 3 were added to make conforming changes for
151-consistency.
152- Substitute Bill No. 16
1876+Sec. 2 from passage 29-36a
1877+Sec. 3 October 1, 2022 29-35
1878+Sec. 4 from passage 53-202a(1)
1879+Sec. 5 from passage 53-202a(7)
1880+Sec. 6 from passage 53-202a
1881+Sec. 7 from passage 53-202c
1882+Sec. 8 July 1, 2022 53-202d(a) and (b)
1883+Sec. 9 July 1, 2022 53-205(a)
1884+Sec. 10 July 1, 2022 29-28(a)
1885+Sec. 11 October 1, 2022 29-28(d)
1886+Sec. 12 July 1, 2022 29-30(a)
1887+Sec. 13 October 1, 2022 29-31
1888+Sec. 14 October 1, 2022 29-32b(b)
1889+Sec. 15 October 1, 2022 29-33(b)
1890+Sec. 16 October 1, 2022 29-33(e)
1891+Sec. 17 October 1, 2022 29-37a(e)
1892+Sec. 18 October 1, 2022 29-38b
1893+Sec. 19 October 1, 2022 29-38m(c)
1894+Sec. 20 October 1, 2022 53-202d(e)
1895+Sec. 21 October 1, 2022 53-202f(f)
1896+Sec. 22 October 1, 2022 53-202w(a)
1897+Sec. 23 October 1, 2022 53-202x(e)
1898+Sec. 24 October 1, 2022 54-36e(b)
1899+Sec. 25 October 1, 2022 29-28(b)
1900+Sec. 26 October 1, 2022 29-36f(b)
1901+Sec. 27 October 1, 2022 29-37p(b)
1902+Sec. 28 October 1, 2022 29-37b(a)
1903+Sec. 29 October 1, 2022 46b-133(e)
1904+Sec. 30 October 1, 2022 46b-124(d)
1905+Sec. 31 October 1, 2022 46b-120(8)
1906+Sec. 32 October 1, 2022 46b-133
1907+Sec. 33 October 1, 2022 19a-4i
1908+Governor's Bill No. 16
1531909
1541910
155-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00016-
156-R01-SB.docx }
157-5 of 5
1581911
159-JUD Joint Favorable Subst.
1912+LCO No. 703 52 of 52
1913+
1914+Sec. 34 July 1, 2022 29-36n(b)
1915+Sec. 35 July 1, 2022 Repealer section
1916+
1917+Statement of Purpose:
1918+To implement the Governor's budget recommendations.
1919+
1920+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1921+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1922+underlined.]
1601923