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General Assembly Substitute Bill No. 6667
January Session, 2023
AN ACT ADDRESSING GUN VIOLENCE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 29-35 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) (1) No person shall carry any pistol or revolver upon [his or her] 3
such person's person, except when such person is within the dwelling 4
house or place of business of such person, without a permit to carry the 5
same issued as provided in section 29-28, as amended by this act. 6
(2) No person shall knowingly carry any firearm openly, except when 7
such person is within the dwelling house, on land leased or owned by 8
the person appurtenant to such dwelling house or within the place of 9
business of such person, or such person is engaged in firearm training 10
or bona fide hunting activity. For the purposes of this subdivision, a 11
person shall not be deemed to be carrying a firearm openly if such 12
person has taken reasonable measures to conceal the fact that such 13
person is carrying a firearm. A fleeting glimpse of a firearm shall not 14
constitute a violation of this subdivision. 15
(3) No person shall carry any firearm upon such person's person in 16
any establishment with a permit for on-premises alcohol consumption 17
pursuant to chapter 545, unless such establishment is the dwelling 18 Substitute Bill No. 6667
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house or place of business of such person. 19
(4) The provisions of this subsection shall not apply to the carrying of 20
any [pistol or revolver] firearm by any: [parole] 21
(A) (i) Parole officer or peace officer of this state, or [any] (ii) parole 22
officer or peace officer of any other state while engaged in the pursuit of 23
official duties; 24
(B) Department of Motor Vehicles inspector appointed under section 25
14-8 and certified pursuant to section 7-294d; [, or parole officer or peace 26
officer of any other state while engaged in the pursuit of official duties, 27
or federal] 28
(C) Federal marshal or federal law enforcement agent; [, or to any 29
member] 30
(D) Member of the armed forces of the United States, as defined in 31
section 27-103, or of the state, as defined in section 27-2, when on duty 32
or going to or from duty; [, or to any member] 33
(E) Member of any military organization when on parade or when 34
going to or from any place of assembly; [, or to the transportation of 35
pistols or revolvers] 36
(F) Person transporting a firearm as merchandise; [, or to any person 37
transporting any pistol or revolver while] 38
(G) Person transporting a firearm contained in the package in which 39
[it] such firearm was originally wrapped at the time of sale and while 40
transporting the same from the place of sale to the purchaser's residence 41
or place of business; [, or to any person] 42
(H) Person transporting a firearm as part of the process of removing 43
such person's household goods or effects from one place to another; [, 44
or to any person while] 45
(I) Person transporting [any such pistol or revolver] a firearm from 46 Substitute Bill No. 6667
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such person's place of residence or business to a place or [individual] 47
person where or by whom such [pistol or revolver] firearm is to be 48
repaired or while returning to such person's place of residence or 49
business after the same has been repaired; [, or to any person] 50
(J) Person transporting a [pistol or revolver] firearm in or through the 51
state for the purpose of taking part in competitions, taking part in 52
[formal pistol or revolver] firearm training, repairing such [pistol or 53
revolver] firearm or attending any meeting or exhibition of an organized 54
collectors' group if such person is a bona fide resident of the United 55
States and is permitted to possess and carry a [pistol or revolver] firearm 56
in the state or subdivision of the United States in which such person 57
resides; [, or to any person] 58
(K) Person transporting a [pistol or revolver] firearm to and from a 59
testing range at the request of the issuing authority; [, or to any person] 60
or 61
(L) Person transporting an antique pistol or revolver, as defined in 62
section 29-33, as amended by this act. 63
(5) For the purposes of this subsection, ["formal pistol or revolver 64
training"] "firearm training" means [pistol or revolver] firearm training 65
at a [locally approved or permitted] firing range, [or] training facility or 66
fish and game club or sporting club, and ["transporting a pistol or 67
revolver"] "transporting a firearm" means transporting a [pistol or 68
revolver] firearm that is unloaded and, if such [pistol or revolver] 69
firearm is being transported in a motor vehicle, is not readily accessible 70
or directly accessible from the passenger compartment of the vehicle or, 71
if such [pistol or revolver] firearm is being transported in a motor 72
vehicle that does not have a compartment separate from the passenger 73
compartment, such [pistol or revolver] firearm shall be contained in a 74
locked container other than the glove compartment or console. Nothing 75
in this section shall be construed to prohibit the carrying of a [pistol or 76
revolver] firearm during [formal pistol or revolver] firearm training or 77
repair. 78 Substitute Bill No. 6667
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(b) The holder of a permit issued pursuant to section 29-28, as 79
amended by this act, shall carry such permit upon one's person while 80
carrying such pistol or revolver. Such holder shall present his or her 81
permit upon the request of a law enforcement officer who has 82
reasonable suspicion of a crime for purposes of verification of the 83
validity of the permit or identification of the holder, provided such 84
holder is carrying a pistol or revolver that is observed by such law 85
enforcement officer. 86
(c) Not later than February 1, 2025, and annually thereafter, each law 87
enforcement unit, as defined in section 7-294a, shall prepare and submit 88
a report to the Institute for Municipal and Regional Policy at The 89
University of Connecticut concerning any stops conducted on suspicion 90
of a violation of subdivision (2) of subsection (a) of this section during 91
the preceding calendar year, except that the initial report shall be based 92
on the fifteen months preceding January 1, 2025. Such report shall be 93
submitted electronically using a standardized method and form 94
disseminated jointly by the Institute for Municipal and Regional Policy 95
and the Police Officer Standards and Training Council. The 96
standardized method and form shall allow compilation of statistics on 97
each incident, including, but not limited to, the race and gender of the 98
person stopped, provided the identification of such characteristics shall 99
be based on the observation and perception of the police officer. The 100
Institute for Municipal and Regional Policy and the Police Officer 101
Standards and Training Council may revise the standardized method 102
and form and disseminate such revisions to law enforcement units. Each 103
law enforcement unit shall, prior to submission of any such report 104
pursuant to this subsection, redact any information from such report 105
that may identify a minor, witness or victim. 106
(d) The Institute for Municipal and Regional Policy at The University 107
of Connecticut shall, within available appropriations, review the 108
incidents reported pursuant to subsection (c) of this section. Not later 109
than December 1, 2025, and annually thereafter, the institute shall 110
report, in accordance with the provisions of section 11-4a, the results of 111 Substitute Bill No. 6667
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any such review, including any recommendations, to the Governor and 112
the joint standing committees of the General Assembly having 113
cognizance of matters relating to the judiciary, public safety and 114
municipalities. 115
Sec. 2. Section 29-36a of the general statutes is repealed and the 116
following is substituted in lieu thereof (Effective from passage): 117
(a) No person shall complete the manufacture of a firearm without 118
subsequently (1) obtaining a unique serial number or other mark of 119
identification from the Department of Emergency Services and Public 120
Protection pursuant to subsection (b) of this section, and (2) engraving 121
upon or permanently affixing to the firearm such serial number or other 122
mark in a manner that conforms with the requirements imposed on 123
licensed importers and licensed manufacturers of firearms pursuant to 124
18 USC 923(i), as amended from time to time, and any regulation 125
adopted thereunder. 126
(b) Not later than thirty days after a person completes the 127
manufacture of a firearm, [or ninety days after the Department of 128
Emergency Services and Public Protection provides notice in 129
accordance with section 29-36b that the system to distribute a unique 130
serial number or other mark of identification pursuant to this section is 131
operational, whichever date is later,] such person shall notify the 132
department of such manufacture and provide any identifying 133
information to the department concerning the firearm and the owner of 134
such firearm, in a manner prescribed by the Commissioner of 135
Emergency Services and Public Protection. Upon receiving a properly 136
submitted request for a unique serial number or other mark of 137
identification from a person who completes manufacture of a firearm, 138
the department shall determine if such person is prohibited from 139
purchasing a firearm and if not, shall issue to such person a unique serial 140
number or other mark of identification immediately and in no instance 141
more than three business days after the department receives such 142
request. Issuance of a unique serial number or other mark of 143
identification pursuant to this subsection shall not be evidence that the 144 Substitute Bill No. 6667
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firearm is otherwise lawfully possessed. 145
(c) (1) On and after January 1, 2024, no person shall possess a firearm 146
without a serial number or other mark of identification unless such 147
person has (A) declared possession of such firearm pursuant to 148
subdivision (2) or (3) of this subsection, or (B) applied to obtain a unique 149
serial number or other mark of identification from the Department of 150
Emergency Services and Public Protection pursuant to subsections (a) 151
and (b) of this section and such person has not yet received such serial 152
number or other mark of identification. 153
(2) Any person who, prior to January 1, 2024, lawfully possesses a 154
firearm without a serial number or other mark of identification 155
manufactured prior to October 1, 2019, shall apply by January 1, 2024, 156
or, if such person is a member of the military or naval forces of this state 157
or of the United States and is unable to apply by January 1, 2024, because 158
such member is or was on official duty outside of this state, shall apply 159
within ninety days of returning to the state to the department to declare 160
possession of such firearm. Such application shall be made on such form 161
and in such manner as the Commissioner of Emergency Services and 162
Public Protection prescribes. 163
(3) Any person who moves into the state in lawful possession of a 164
firearm without a serial number or other mark of identification shall, 165
within ninety days, either (A) obtain a unique serial number or other 166
mark of identification from the department and engrave upon or 167
permanently affix to the firearm such serial number or other mark 168
pursuant to subsection (a) of this section, (B) render such firearm 169
permanently inoperable, (C) sell such firearm to a federally licensed 170
firearm dealer, or (D) remove such firearm from the state, except that 171
any person who is a member of the military or naval forces of this state 172
or of the United States, is in lawful possession of a firearm without a 173
serial number or other mark of identification and has been transferred 174
into the state after January 1, 2024, may, within ninety days of arriving 175
in the state, apply to the department to declare possession of such 176
firearm. 177 Substitute Bill No. 6667
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(4) For purposes of this subsection, "lawfully possesses", with respect 178
to a firearm without a serial number or other mark of identification, 179
means that a person has (A) actual and lawful possession of such 180
firearm, (B) constructive possession of such firearm pursuant to a lawful 181
purchase that was transacted prior to or on the date preceding the 182
effective date of this section, regardless of whether the firearm was 183
delivered to the purchaser prior to or on the date preceding the effective 184
date of this section, which lawful purchase is evidenced by a writing 185
sufficient to indicate that (i) a contract for sale was made between the 186
parties prior to or on the date preceding the effective date of this section, 187
for the purchase of the firearm, or (ii) full or partial payment for the 188
firearm was made by the purchaser to the seller of the firearm prior to 189
or on the date preceding the effective date of this section, or (C) actual 190
possession under subparagraph (A) of this subdivision, or constructive 191
possession under subparagraph (B) of this subdivision, as evidenced by 192
a written statement made under penalty of false statement on such form 193
as the commissioner prescribes. 194
(5) The department may adopt regulations, in accordance with the 195
provisions of chapter 54, to establish procedures with respect to 196
applications under this subsection. Notwithstanding the provisions of 197
sections 1-210 and 1-211, the name and address of a person who has 198
declared possession of a firearm without a serial number or other mark 199
of identification shall be confidential and shall not be disclosed, except 200
such records may be disclosed to (A) law enforcement agencies and 201
employees of the United States Probation Office acting in the 202
performance of their duties and parole officers within the Department 203
of Correction acting in the performance of their duties, and (B) the 204
Commissioner of Mental Health and Addiction Services to carry out the 205
provisions of subsection (c) of section 17a-500. 206
(6) (A) Except as provided in this subsection, no person within this 207
state shall distribute, import into this state, keep for sale, offer or expose 208
for sale or purchase a firearm without a serial number or other mark of 209
identification. 210 Substitute Bill No. 6667
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(B) The provisions of subparagraph (A) of this subdivision shall not 211
apply to the transfer of a firearm without a serial number or other mark 212
of identification (i) the possession of which has been declared to the 213
department pursuant to this section, by bequest or intestate succession, 214
or, upon the death of a testator or settlor: (I) To a trust, or (II) from a 215
trust to a beneficiary; or (ii) to a police department or the Department of 216
Emergency Services and Public Protection. 217
[(c)] (d) The provisions of subsections (a), [and] (b) and (c) of this 218
section shall not apply to the manufacture of a firearm manufactured 219
using an unfinished frame or lower receiver on which a serial number 220
or other mark has been engraved or permanently affixed pursuant to 221
subsection (c) of section 53-206j. 222
[(d)] (e) No person shall transfer to another person any firearm 223
manufactured in violation of this section. 224
[(e)] (f) The provisions of this section shall not apply to (1) the 225
manufacture of firearms by a federally licensed firearm manufacturer, 226
(2) (A) any antique firearm, as defined in 18 USC 921, as amended from 227
time to time, or (B) any firearm manufactured prior to [the effective date 228
of this section] December 16, 1968, provided such firearm is otherwise 229
lawfully possessed, or (3) delivery or transfer of a firearm to a law 230
enforcement agency. 231
[(f)] (g) No person shall knowingly, recklessly or with criminal 232
negligence facilitate, aid or abet the manufacture of a firearm (1) by a 233
person or for a person who is otherwise prohibited by law from 234
purchasing or possessing a firearm, or (2) that a person is otherwise 235
prohibited by law from purchasing or possessing. 236
[(g)] (h) If the court finds that a violation of this section is not of a 237
serious nature and that the person charged with such violation (1) will 238
probably not offend in the future, (2) has not previously been convicted 239
of a violation of this section, and (3) has not previously had a 240
prosecution under this section suspended pursuant to this subsection, 241 Substitute Bill No. 6667
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the court may order suspension of prosecution. The court shall not order 242
suspension of prosecution unless the accused person has acknowledged 243
that he or she understands the consequences of the suspension of 244
prosecution. Any person for whom prosecution is suspended shall agree 245
to the tolling of any statute of limitations with respect to such violation 246
and to a waiver of his or her right to a speedy trial. Such person shall 247
appear in court and shall be released to the supervision of the Court 248
Support Services Division for such period, not exceeding two years, and 249
under such conditions as the court shall order. If the person refuses to 250
accept, or, having accepted, violates such conditions, the court shall 251
terminate the suspension of prosecution and the case shall be brought 252
to trial. If such person satisfactorily completes such person's period of 253
probation, he or she may apply for dismissal of the charges against such 254
person and the court, on finding such satisfactory completion, shall 255
dismiss such charges. If the person does not apply for dismissal of the 256
charges against such person after satisfactorily completing such 257
person's period of probation, the court, upon receipt of a report 258
submitted by the Court Support Services Division that the person 259
satisfactorily completed such person's period of probation, may on its 260
own motion make a finding of such satisfactory completion and dismiss 261
such charges. Upon dismissal, all records of such charges shall be erased 262
pursuant to section 54-142a. An order of the court denying a motion to 263
dismiss the charges against a person who has completed such person's 264
period of probation or terminating the participation of a defendant in 265
such program shall be a final judgment for purposes of appeal. 266
[(h)] (i) Any person who violates any provision of this section shall 267
be guilty of a class C felony for which two years of the sentence imposed 268
may not be suspended or reduced by the court, and five thousand 269
dollars of the fine imposed may not be remitted or reduced by the court 270
unless the court states on the record its reasons for remitting or reducing 271
such fine, and any firearm found in the possession of any person in 272
violation of any provision of this section shall be forfeited. 273
[(i)] (j) For purposes of this section, "manufacture" means to fabricate 274 Substitute Bill No. 6667
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or construct a firearm including the initial assembly, "firearm" means 275
firearm, as defined in section 53a-3, as amended by this act, and "law 276
enforcement agency" means law enforcement agency, as defined in 277
section 29-1i. 278
Sec. 3. Section 29-33 of the general statutes is repealed and the 279
following is substituted in lieu thereof (Effective from passage): 280
(a) No person, firm or corporation shall sell, deliver or otherwise 281
transfer any pistol or revolver to any person who is prohibited from 282
possessing a pistol or revolver as provided in section 53a-217c, as 283
amended by this act. 284
(b) On and after October 1, 1995, no person may purchase or receive 285
any pistol or revolver unless such person holds a valid permit to carry a 286
pistol or revolver issued pursuant to subsection (b) of section 29-28, as 287
amended by this act, a valid permit to sell at retail a pistol or revolver 288
issued pursuant to subsection (a) of section 29-28, as amended by this 289
act, or a valid eligibility certificate for a pistol or revolver issued 290
pursuant to section 29-36f, as amended by this act, or is a federal 291
marshal, parole officer or peace officer. 292
(c) No person, firm or corporation shall sell, deliver or otherwise 293
transfer any pistol or revolver except upon written application on a form 294
prescribed and furnished by the Commissioner of Emergency Services 295
and Public Protection. Such person, firm or corporation shall ensure that 296
all questions on the application are answered properly prior to releasing 297
the pistol or revolver and shall retain the application, which shall be 298
attached to the federal sale or transfer document, for at least twenty 299
years or until such vendor goes out of business. Such application shall 300
be available for inspection during normal business hours by law 301
enforcement officials. No sale, delivery or other transfer of any pistol or 302
revolver shall be made unless the person making the purchase or to 303
whom the same is delivered or transferred is personally known to the 304
person selling such pistol or revolver or making delivery or transfer 305
thereof or provides evidence of his identity in the form of a motor 306 Substitute Bill No. 6667
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vehicle operator's license, identity card issued pursuant to section 1-1h 307
or valid passport. No sale, delivery or other transfer of any pistol or 308
revolver shall be made until the person, firm or corporation making 309
such transfer obtains an authorization number from the Commissioner 310
of Emergency Services and Public Protection. Said commissioner shall 311
perform the national instant criminal background check and make a 312
reasonable effort to determine whether there is any reason that would 313
prohibit such applicant from possessing a pistol or revolver as provided 314
in section 53a-217c, as amended by this act. If the commissioner 315
determines the existence of such a reason, the commissioner shall (1) 316
deny the sale and no pistol or revolver shall be sold, delivered or 317
otherwise transferred by such person, firm or corporation to such 318
applicant, and (2) inform the chief of police of the town in which the 319
applicant resides, or, where there is no chief of police, the warden of the 320
borough or the first selectman of the town, as the case may be, that there 321
exists a reason that would prohibit such applicant from possessing a 322
pistol or revolver. 323
(d) No person, firm or corporation shall sell, deliver or otherwise 324
transfer any pistol or revolver, other than at wholesale, unless such 325
pistol or revolver is equipped with a reusable trigger lock, gun lock or 326
gun locking device appropriate for such pistol or revolver, which lock 327
or device shall be constructed of material sufficiently strong to prevent 328
it from being easily disabled and have a locking mechanism accessible 329
by key or by electronic or other mechanical accessory specific to such 330
lock or device to prevent unauthorized removal. No pistol or revolver 331
shall be loaded or contain therein any gunpowder or other explosive or 332
any bullet, ball or shell when such pistol or revolver is sold, delivered 333
or otherwise transferred. 334
(e) Upon the sale, delivery or other transfer of any pistol or revolver, 335
the person making the purchase or to whom the same is delivered or 336
transferred shall sign a receipt for such pistol or revolver, which shall 337
contain the name and address of such person, the date of sale, the 338
caliber, make, model and manufacturer's number and a general 339 Substitute Bill No. 6667
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description of such pistol or revolver, the identification number of such 340
person's permit to carry pistols or revolvers, issued pursuant to 341
subsection (b) of section 29-28, as amended by this act, permit to sell at 342
retail pistols or revolvers, issued pursuant to subsection (a) of said 343
section, or eligibility certificate for a pistol or revolver, issued pursuant 344
to section 29-36f, as amended by this act, if any, and the authorization 345
number designated for the transfer by the Department of Emergency 346
Services and Public Protection. The person, firm or corporation selling 347
such pistol or revolver or making delivery or transfer thereof shall (1) 348
give one copy of the receipt to the person making the purchase of such 349
pistol or revolver or to whom the same is delivered or transferred, (2) 350
retain one copy of the receipt for at least five years, and (3) send, by first 351
class mail, or electronically transmit, within forty-eight hours of such 352
sale, delivery or other transfer, (A) one copy of the receipt to the 353
Commissioner of Emergency Services and Public Protection, and (B) one 354
copy of the receipt to the chief of police of the municipality in which the 355
transferee resides or, where there is no chief of police, the chief executive 356
officer of the municipality, as defined in section 7-148, in which the 357
transferee resides or, if designated by such chief executive officer, the 358
resident state trooper serving such municipality or a state police officer 359
of the state police troop having jurisdiction over such municipality. 360
(f) (1) Except as provided in subdivision (2) of this subsection, (A) no 361
person shall sell, deliver or otherwise transfer more than one pistol or 362
revolver to any individual during a thirty-day period, and (B) no person 363
shall sell, deliver or otherwise transfer a pistol or revolver to any 364
individual who has purchased a pistol or revolver in the previous thirty 365
days. 366
(2) The provisions of this subsection shall not apply to (A) any firearm 367
transferred to a federal, state or municipal law enforcement agency, or 368
any firearm legally transferred under the provisions of section 29-36k, 369
(B) the exchange of a pistol or revolver purchased by an individual from 370
a federally licensed firearm dealer for another pistol or revolver from 371
the same federally licensed firearms dealer within thirty days of the 372 Substitute Bill No. 6667
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original transaction, provided that the federally licensed firearm dealer 373
reports the transaction to the Commissioner of Emergency Services and 374
Public Protection, (C) as otherwise provided in subsection (g) or (h) of 375
this section, (D) any firearm transferred by bequest or intestate 376
succession, or, upon the death of a testator or settlor: (i) To a trust, or (ii) 377
from a trust to a beneficiary, or (E) a transfer to a museum at a fixed 378
location that is open to the public and displays firearms as part of an 379
educational mission. 380
[(f)] (g) The provisions of this section shall not apply to antique pistols 381
or revolvers. An antique pistol or revolver, for the purposes of this 382
section, means any pistol or revolver which was manufactured in or 383
before 1898 and any replica of such pistol or revolver provided such 384
replica is not designed or redesigned for using rimfire or conventional 385
centerfire fixed ammunition except rimfire or conventional centerfire 386
fixed ammunition which is no longer manufactured in the United States 387
and not readily available in the ordinary channel of commercial trade. 388
[(g)] (h) The provisions of this section shall not apply to the sale, 389
delivery or transfer of pistols or revolvers between (1) a federally-390
licensed firearm manufacturer and a federally-licensed firearm dealer, 391
(2) a federally-licensed firearm importer and a federally-licensed 392
firearm dealer, or (3) federally-licensed firearm dealers. 393
[(h)] (i) If the court finds that a violation of this section is not of a 394
serious nature and that the person charged with such violation (1) will 395
probably not offend in the future, (2) has not previously been convicted 396
of a violation of this section, and (3) has not previously had a 397
prosecution under this section suspended pursuant to this subsection, 398
the court may order suspension of prosecution. The court shall not order 399
suspension of prosecution unless the accused person has acknowledged 400
that he understands the consequences of the suspension of prosecution. 401
Any person for whom prosecution is suspended shall agree to the 402
tolling of any statute of limitations with respect to such violation and to 403
a waiver of his right to a speedy trial. Such person shall appear in court 404
and shall be released to the supervision of the Court Support Services 405 Substitute Bill No. 6667
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Division for such period, not exceeding two years, and under such 406
conditions as the court shall order. If the person refuses to accept, or, 407
having accepted, violates such conditions, the court shall terminate the 408
suspension of prosecution and the case shall be brought to trial. If such 409
person satisfactorily completes his period of probation, he may apply 410
for dismissal of the charges against him and the court, on finding such 411
satisfactory completion, shall dismiss such charges. If the person does 412
not apply for dismissal of the charges against him after satisfactorily 413
completing his period of probation, the court, upon receipt of a report 414
submitted by the Court Support Services Division that the person 415
satisfactorily completed his period of probation, may on its own motion 416
make a finding of such satisfactory completion and dismiss such 417
charges. Upon dismissal, all records of such charges shall be erased 418
pursuant to section 54-142a. An order of the court denying a motion to 419
dismiss the charges against a person who has completed his period of 420
probation or terminating the participation of a defendant in such 421
program shall be a final judgment for purposes of appeal. 422
[(i)] (j) Any person who violates any provision of this section shall be 423
guilty of a class C felony for which two years of the sentence imposed 424
may not be suspended or reduced by the court, and five thousand 425
dollars of the fine imposed may not be remitted or reduced by the court 426
unless the court states on the record its reasons for remitting or reducing 427
such fine, except that any person who sells, delivers or otherwise 428
transfers a pistol or revolver in violation of the provisions of this section 429
knowing that such pistol or revolver is stolen or that the manufacturer's 430
number or other mark of identification on such pistol or revolver has 431
been altered, removed or obliterated, shall be guilty of a class B felony 432
for which three years of the sentence imposed may not be suspended or 433
reduced by the court, and ten thousand dollars of the fine imposed may 434
not be remitted or reduced by the court unless the court states on the 435
record its reasons for remitting or reducing such fine, and any pistol or 436
revolver found in the possession of any person in violation of any 437
provision of this section shall be forfeited. 438 Substitute Bill No. 6667
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Sec. 4. Subsection (a) of section 29-28 of the general statutes is 439
repealed and the following is substituted in lieu thereof (Effective July 1, 440
2023): 441
(a) (1) No person who sells ten or more [pistols or revolvers] firearms 442
in a calendar year or is a federally licensed firearm dealer shall advertise, 443
sell, deliver, or offer or expose for sale or delivery, or have in such 444
person's possession with intent to sell or deliver, any pistol or revolver 445
at retail without having a local permit, and, on or after October 1, 2023, 446
a state license therefor issued as provided in this subsection. 447
(2) The chief of police or, where there is no chief of police, the chief 448
executive officer of the municipality, as defined in section 7-148, or, if 449
designated by such chief executive officer, the resident state trooper 450
serving such municipality or a state police officer of the state police 451
troop having jurisdiction over such municipality, may, upon the 452
application of any person, issue a permit in such form as may be 453
prescribed by the Commissioner of Emergency Services and Public 454
Protection for the sale at retail of [pistols and revolvers] firearms within 455
the jurisdiction of the authority issuing such permit. No local permit for 456
the sale at retail of [any pistol or revolver] firearms shall be issued unless 457
(A) if the application is filed prior to October 1, 2023, the applicant holds 458
a valid eligibility certificate for a pistol or revolver issued pursuant to 459
section 29-36f, as amended by this act, or a valid state permit to carry a 460
pistol or revolver issued pursuant to subsection (b) of this section; and 461
(B) the applicant submits documentation sufficient to establish that local 462
zoning requirements have been met for the location where the sale is to 463
take place. [, except that any person selling or exchanging a pistol or 464
revolver for the enhancement of a personal collection or for a hobby or 465
who sells all or part of such person's personal collection of pistols or 466
revolvers shall not be required to submit such documentation for the 467
location where the sale or exchange is to take place.] 468
(3) The commissioner shall, upon the application of any person in 469
such form and manner as may be prescribed by the commissioner, issue 470
a state license to sell firearms at retail if the application includes: 471 Substitute Bill No. 6667
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(A) Such person's valid federal firearms license; 472
(B) For each individual listed as a responsible person, as defined in 473
27 CFR 479.11, as amended from time to time, on such federal firearms 474
license, a valid state permit to carry a pistol or revolver issued to such 475
individual pursuant to subsection (b) of this section; 476
(C) A valid local permit issued pursuant to subdivision (2) of this 477
subsection; and 478
(D) Any other materials required by the commissioner. 479
(4) Each person who holds a state license to sell firearms at retail shall 480
apply to renew such license every five years in such form and manner 481
as may be prescribed by the commissioner. 482
(5) (A) For sufficient cause found pursuant to subparagraph (B) of 483
this subdivision, the commissioner may suspend or revoke a license 484
issued pursuant to subdivision (3) of this subsection, issue fines of not 485
more than twenty-five thousand dollars per violation, accept an offer in 486
compromise or refuse to grant or renew a state license issued pursuant 487
to subdivision (3) of this subsection or place such licensee on probation, 488
place conditions on such licensee or take other actions permitted by law. 489
Information from inspections and investigations conducted by the 490
Department of Emergency Services and Public Protection related to 491
administrative complaints or cases shall not be subject to disclosure 492
under the Freedom of Information Act, as defined in section 1-200, 493
except after the department has entered into a settlement agreement, or 494
concluded its investigation or inspection as evidenced by case closure, 495
provided that nothing in this section shall prevent the department from 496
sharing information with other state and federal agencies and law 497
enforcement as it relates to investigating violations of law. 498
(B) Any of the following shall constitute sufficient cause for such 499
action by the commissioner, including, but not limited to: 500
(i) Furnishing of false or fraudulent information in any application or 501 Substitute Bill No. 6667
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failure to comply with representations made in any application; 502
(ii) False, misleading or deceptive representations to the public or the 503
department; 504
(iii) Failure to maintain effective controls against theft of firearms, 505
including, but not limited to, failure to install or maintain the burglar 506
alarm system required under section 29-37d; 507
(iv) An adverse administrative decision or delinquency assessment 508
from the Department of Revenue Services; 509
(v) Failure to cooperate or give information to the department, local 510
law enforcement authorities or any other enforcement agency upon any 511
matter arising out of conduct at the premises of the licensee; 512
(vi) Revocation, or suspension of the permit to carry a pistol or 513
revolver, or federal firearms license required pursuant to subdivision (3) 514
of this subsection; 515
(vii) Failure to acquire an authorization number for a firearm transfer 516
pursuant to sections 29-36l and 29-37a, as amended by this act; 517
(viii) Failure to verify that the recipient of a firearm is eligible to 518
receive such firearm; 519
(ix) Transfer of a firearm to a person ineligible to receive such firearm, 520
unless the licensee relied in good faith on the information provided to 521
such licensee by the department in verifying the eligibility of such 522
ineligible person; 523
(x) Evidence that the licensee is not a suitable person to hold a state 524
license; and 525
(xi) Failure to comply with any other provision of sections 29-28 to 526
29-37s, inclusive, as amended by this act, or any other provision of state 527
or federal law regarding the manner in which licensed persons may 528
lawfully sell or otherwise transfer firearms. 529 Substitute Bill No. 6667
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(6) State licenses issued pursuant to this subsection may not be 530
transferred. 531
Sec. 5. Subsection (d) of section 29-28 of the general statutes is 532
repealed and the following is substituted in lieu thereof (Effective July 1, 533
2023): 534
(d) Notwithstanding the provisions of sections 1-210 and 1-211, the 535
name and address of a person issued a local permit to sell firearms at 536
retail [pistols and revolvers] pursuant to subsection (a) of this section or 537
a state or a temporary state permit to carry a pistol or revolver pursuant 538
to subsection (b) of this section, or a local permit to carry pistols and 539
revolvers issued by local authorities prior to October 1, 2001, shall be 540
confidential and shall not be disclosed, except (1) such information may 541
be disclosed to law enforcement officials acting in the performance of 542
their duties, including, but not limited to, employees of the United 543
States Probation Office acting in the performance of their duties and 544
parole officers within the Department of Correction acting in the 545
performance of their duties, (2) the issuing authority may disclose such 546
information to the extent necessary to comply with a request made 547
pursuant to section 29-33, as amended by this act, 29-37a, as amended 548
by this act, or 29-38m, as amended by this act, for verification that such 549
state or temporary state permit is still valid and has not been suspended 550
or revoked, and the local authority may disclose such information to the 551
extent necessary to comply with a request made pursuant to section 29-552
33, as amended by this act, 29-37a, as amended by this act, or 29-38m, as 553
amended by this act, for verification that a local permit is still valid and 554
has not been suspended or revoked, and (3) such information may be 555
disclosed to the Commissioner of Mental Health and Addiction Services 556
to carry out the provisions of subsection (c) of section 17a-500. 557
Sec. 6. Subsection (a) of section 29-30 of the general statutes is 558
repealed and the following is substituted in lieu thereof (Effective July 1, 559
2023): 560
(a) The fee for each local permit originally issued under the 561 Substitute Bill No. 6667
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provisions of subsection (a) of section 29-28, as amended by this act, for 562
the sale at retail of [pistols and revolvers] firearms shall be two hundred 563
dollars and for each renewal of such permit two hundred dollars. The 564
fee for each state license originally issued under the provisions of 565
subsection (a) of section 29-28, as amended by this act, shall be two 566
hundred dollars and for each renewal of such license two hundred 567
dollars, except that any person who applies for such state license prior 568
to October 1, 2023, and is in possession of a local permit to sell or deliver 569
pistols or revolvers at retail on the date such person applies shall not be 570
charged any fee for such person's initial application. The fee for each 571
state permit originally issued under the provisions of subsection (b) of 572
section 29-28, as amended by this act, for the carrying of pistols and 573
revolvers shall be one hundred forty dollars plus sufficient funds as 574
required to be transmitted to the Federal Bureau of Investigation to 575
cover the cost of a national criminal history records check. The local 576
authority shall forward sufficient funds for the national criminal history 577
records check to the commissioner no later than five business days after 578
receipt by the local authority of the application for the temporary state 579
permit. Seventy dollars shall be retained by the local authority. Upon 580
approval by the local authority of the application for a temporary state 581
permit, seventy dollars shall be sent to the commissioner. The fee to 582
renew each state permit originally issued under the provisions of 583
subsection (b) of section 29-28, as amended by this act, shall be seventy 584
dollars. Upon deposit of such fees in the General Fund, ten dollars of 585
each fee shall be credited within thirty days to the appropriation for the 586
Department of Emergency Services and Public Protection to a separate 587
nonlapsing account for the purposes of the issuance of permits under 588
subsections (a) and (b) of section 29-28, as amended by this act. 589
Sec. 7. Section 29-31 of the general statutes is repealed and the 590
following is substituted in lieu thereof (Effective October 1, 2023): 591
No sale of any [pistol or revolver] firearm shall be made except in the 592
room, store or place described in the [permit for the sale of pistols and 593
revolvers] local permit and state license to sell firearms at retail, and 594 Substitute Bill No. 6667
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such local permit and state license or a copy [thereof] of each certified 595
by the authority issuing the same shall be exposed to view within the 596
room, store or place where [pistols or revolvers] firearms are sold or 597
offered or exposed for sale. No sale or delivery of any [pistol or revolver] 598
firearm shall be made unless the purchaser or person to whom the same 599
is to be delivered is personally known to the vendor of such [pistol or 600
revolver] firearm or the person making delivery thereof or unless the 601
person making such purchase or to whom delivery thereof is to be made 602
provides evidence of his or her identity. The vendor of any [pistol or 603
revolver] firearm shall keep a record of each [pistol or revolver] firearm 604
sold in a book kept for that purpose, which record shall be in such form 605
as is prescribed by 27 CFR 478.125. The vendor of any [pistol or revolver] 606
firearm shall make such record available for inspection upon the request 607
of any sworn member of an organized local police department or the 608
Division of State Police within the Department of Emergency Services 609
and Public Protection or any investigator assigned to the state-wide 610
firearms trafficking task force established under section 29-38e or any 611
investigator employed by a federal law enforcement agency. 612
Sec. 8. Subsection (b) of section 29-32b of the general statutes is 613
repealed and the following is substituted in lieu thereof (Effective October 614
1, 2023): 615
(b) Any person aggrieved by any refusal to issue or renew a license, 616
permit or certificate under the provisions of section 29-28, as amended 617
by this act, 29-36f, 29-37p, as amended by this act, or 29-38n or by any 618
limitation or revocation of a license, permit or certificate issued under 619
any of said sections, or by a refusal or failure of any issuing authority to 620
furnish an application as provided in section 29-28a, may, within ninety 621
days after receipt of notice of such refusal, limitation or revocation, or 622
refusal or failure to supply an application as provided in section 29-28a, 623
and without prejudice to any other course of action open to such person 624
in law or in equity, appeal to the board. On such appeal the board shall 625
inquire into and determine the facts, de novo, and unless it finds that 626
such a refusal, limitation or revocation, or such refusal or failure to 627 Substitute Bill No. 6667
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supply an application, as the case may be, would be for just and proper 628
cause, it shall order such license, permit or certificate to be issued, 629
renewed or restored, or the limitation removed or modified, as the case 630
may be. If the refusal was for failure to document compliance with local 631
zoning requirements, under subsection (a) of section 29-28, as amended 632
by this act, the board shall not issue a permit. 633
Sec. 9. Section 29-33 of the general statutes, as amended by section 3 634
of this act, is repealed and the following is substituted in lieu thereof 635
(Effective October 1, 2023): 636
(a) No person, firm or corporation shall sell, deliver or otherwise 637
transfer any pistol or revolver to any person who is prohibited from 638
possessing a pistol or revolver as provided in section 53a-217c, as 639
amended by this act. 640
(b) [On and after October 1, 1995, no] No person may purchase or 641
receive any pistol or revolver unless such person holds a valid permit to 642
carry a pistol or revolver issued pursuant to subsection (b) of section 29-643
28, as amended by this act, a valid local permit and state license to sell 644
firearms at retail [a pistol or revolver] issued pursuant to subsection (a) 645
of section 29-28, as amended by this act, or a valid eligibility certificate 646
for a pistol or revolver issued pursuant to section 29-36f, as amended by 647
this act, or is a federal marshal, parole officer or peace officer. 648
(c) No person, firm or corporation shall sell, deliver or otherwise 649
transfer any pistol or revolver except upon written application on a form 650
prescribed and furnished by the Commissioner of Emergency Services 651
and Public Protection. Such person, firm or corporation shall ensure that 652
all questions on the application are answered properly prior to releasing 653
the pistol or revolver and shall retain the application, which shall be 654
attached to the federal sale or transfer document, for at least twenty 655
years or until such vendor goes out of business. Such application shall 656
be available for inspection during normal business hours by law 657
enforcement officials. No sale, delivery or other transfer of any pistol or 658
revolver shall be made unless the person making the purchase or to 659 Substitute Bill No. 6667
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whom the same is delivered or transferred is personally known to the 660
person selling such pistol or revolver or making delivery or transfer 661
thereof or provides evidence of his identity in the form of a motor 662
vehicle operator's license, identity card issued pursuant to section 1-1h 663
or valid passport. No sale, delivery or other transfer of any pistol or 664
revolver shall be made until the person, firm or corporation making 665
such transfer obtains an authorization number from the Commissioner 666
of Emergency Services and Public Protection. Said commissioner shall 667
perform the national instant criminal background check and make a 668
reasonable effort to determine whether there is any reason that would 669
prohibit such applicant from possessing a pistol or revolver as provided 670
in section 53a-217c, as amended by this act. If the commissioner 671
determines the existence of such a reason, the commissioner shall (1) 672
deny the sale and no pistol or revolver shall be sold, delivered or 673
otherwise transferred by such person, firm or corporation to such 674
applicant, and (2) inform the chief of police of the town in which the 675
applicant resides, or, where there is no chief of police, the warden of the 676
borough or the first selectman of the town, as the case may be, that there 677
exists a reason that would prohibit such applicant from possessing a 678
pistol or revolver. 679
(d) No person, firm or corporation shall sell, deliver or otherwise 680
transfer any pistol or revolver, other than at wholesale, unless such 681
pistol or revolver is equipped with a reusable trigger lock, gun lock or 682
gun locking device appropriate for such pistol or revolver, which lock 683
or device shall be constructed of material sufficiently strong to prevent 684
it from being easily disabled and have a locking mechanism accessible 685
by key or by electronic or other mechanical accessory specific to such 686
lock or device to prevent unauthorized removal. No pistol or revolver 687
shall be loaded or contain therein any gunpowder or other explosive or 688
any bullet, ball or shell when such pistol or revolver is sold, delivered 689
or otherwise transferred. 690
(e) Upon the sale, delivery or other transfer of any pistol or revolver, 691
the person making the purchase or to whom the same is delivered or 692 Substitute Bill No. 6667
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transferred shall sign a receipt for such pistol or revolver, which shall 693
contain the name and address of such person, the date of sale, the 694
caliber, make, model and manufacturer's number and a general 695
description of such pistol or revolver, the identification number of such 696
person's permit to carry pistols or revolvers, issued pursuant to 697
subsection (b) of section 29-28, as amended by this act, local permit and 698
state license to sell firearms at retail, [pistols or revolvers,] issued 699
pursuant to subsection (a) of said section, or eligibility certificate for a 700
pistol or revolver, issued pursuant to section 29-36f, as amended by this 701
act, if any, and the authorization number designated for the transfer by 702
the Department of Emergency Services and Public Protection. The 703
person, firm or corporation selling such pistol or revolver or making 704
delivery or transfer thereof shall (1) give one copy of the receipt to the 705
person making the purchase of such pistol or revolver or to whom the 706
same is delivered or transferred, (2) retain one copy of the receipt for at 707
least five years, and (3) send, by first class mail, or electronically 708
transmit, within forty-eight hours of such sale, delivery or other 709
transfer, (A) one copy of the receipt to the Commissioner of Emergency 710
Services and Public Protection, and (B) one copy of the receipt to the 711
chief of police of the municipality in which the transferee resides or, 712
where there is no chief of police, the chief executive officer of the 713
municipality, as defined in section 7-148, in which the transferee resides 714
or, if designated by such chief executive officer, the resident state 715
trooper serving such municipality or a state police officer of the state 716
police troop having jurisdiction over such municipality. 717
(f) (1) Except as provided in subdivision (2) of this subsection, (A) no 718
person shall sell, deliver or otherwise transfer more than one pistol or 719
revolver to any individual during a thirty-day period, and (B) no person 720
shall sell, deliver or otherwise transfer a pistol or revolver to any 721
individual who has purchased a pistol or revolver in the previous thirty 722
days. 723
(2) The provisions of this subsection shall not apply to (A) any firearm 724
transferred to a federal, state or municipal law enforcement agency, or 725 Substitute Bill No. 6667
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any firearm legally transferred under the provisions of section 29-36k, 726
(B) the exchange of a pistol or revolver purchased by an individual from 727
a federally licensed firearm dealer for another pistol or revolver from 728
the same federally licensed firearms dealer within thirty days of the 729
original transaction, provided that the federally licensed firearm dealer 730
reports the transaction to the Commissioner of Emergency Services and 731
Public Protection, (C) as otherwise provided in subsection (g) or (h) of 732
this section, (D) any firearm transferred by bequest or intestate 733
succession, or, upon the death of a testator or settlor: (i) To a trust, or (ii) 734
from a trust to a beneficiary, or (E) a transfer to a museum at a fixed 735
location that is open to the public and displays firearms as part of an 736
educational mission. 737
(g) The provisions of this section shall not apply to antique pistols or 738
revolvers. An antique pistol or revolver, for the purposes of this section, 739
means any pistol or revolver which was manufactured in or before 1898 740
and any replica of such pistol or revolver provided such replica is not 741
designed or redesigned for using rimfire or conventional centerfire fixed 742
ammunition except rimfire or conventional centerfire fixed ammunition 743
which is no longer manufactured in the United States and not readily 744
available in the ordinary channel of commercial trade. 745
(h) The provisions of this section shall not apply to the sale, delivery 746
or transfer of pistols or revolvers between (1) a federally-licensed 747
firearm manufacturer and a federally-licensed firearm dealer, (2) a 748
federally-licensed firearm importer and a federally-licensed firearm 749
dealer, or (3) federally-licensed firearm dealers. 750
(i) If the court finds that a violation of this section is not of a serious 751
nature and that the person charged with such violation (1) will probably 752
not offend in the future, (2) has not previously been convicted of a 753
violation of this section, and (3) has not previously had a prosecution 754
under this section suspended pursuant to this subsection, the court may 755
order suspension of prosecution. The court shall not order suspension 756
of prosecution unless the accused person has acknowledged that he 757
understands the consequences of the suspension of prosecution. Any 758 Substitute Bill No. 6667
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person for whom prosecution is suspended shall agree to the tolling of 759
any statute of limitations with respect to such violation and to a waiver 760
of his right to a speedy trial. Such person shall appear in court and shall 761
be released to the supervision of the Court Support Services Division for 762
such period, not exceeding two years, and under such conditions as the 763
court shall order. If the person refuses to accept, or, having accepted, 764
violates such conditions, the court shall terminate the suspension of 765
prosecution and the case shall be brought to trial. If such person 766
satisfactorily completes his period of probation, he may apply for 767
dismissal of the charges against him and the court, on finding such 768
satisfactory completion, shall dismiss such charges. If the person does 769
not apply for dismissal of the charges against him after satisfactorily 770
completing his period of probation, the court, upon receipt of a report 771
submitted by the Court Support Services Division that the person 772
satisfactorily completed his period of probation, may on its own motion 773
make a finding of such satisfactory completion and dismiss such 774
charges. Upon dismissal, all records of such charges shall be erased 775
pursuant to section 54-142a. An order of the court denying a motion to 776
dismiss the charges against a person who has completed his period of 777
probation or terminating the participation of a defendant in such 778
program shall be a final judgment for purposes of appeal. 779
(j) Any person who violates any provision of this section shall be 780
guilty of a class C felony for which two years of the sentence imposed 781
may not be suspended or reduced by the court, and five thousand 782
dollars of the fine imposed may not be remitted or reduced by the court 783
unless the court states on the record its reasons for remitting or reducing 784
such fine, except that any person who sells, delivers or otherwise 785
transfers a pistol or revolver in violation of the provisions of this section 786
knowing that such pistol or revolver is stolen or that the manufacturer's 787
number or other mark of identification on such pistol or revolver has 788
been altered, removed or obliterated, shall be guilty of a class B felony 789
for which three years of the sentence imposed may not be suspended or 790
reduced by the court, and ten thousand dollars of the fine imposed may 791
not be remitted or reduced by the court unless the court states on the 792 Substitute Bill No. 6667
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record its reasons for remitting or reducing such fine, and any pistol or 793
revolver found in the possession of any person in violation of any 794
provision of this section shall be forfeited. 795
Sec. 10. Section 29-36l of the general statutes is repealed and the 796
following is substituted in lieu thereof (Effective October 1, 2023): 797
(a) The Commissioner of Emergency Services and Public Protection 798
shall establish a state database that any person, firm or corporation who 799
sells or otherwise transfers firearms may access, by telephone or other 800
electronic means in addition to the telephone, for information to be 801
supplied immediately, on whether a permit to carry a pistol or revolver, 802
issued pursuant to subsection (b) of section 29-28, as amended by this 803
act, a [permit] state license to sell firearms at retail, [a pistol or revolver,] 804
issued pursuant to subsection (a) of section 29-28, as amended by this 805
act, an eligibility certificate for a pistol or revolver, issued pursuant to 806
section 29-36f, as amended by this act, or a long gun eligibility 807
certificate, issued pursuant to section 29-37p, as amended by this act, is 808
valid and has not been revoked or suspended. 809
(b) Upon establishment of the database, the commissioner shall notify 810
each person, firm or corporation holding a [permit] state license to sell 811
firearms at retail [pistols or revolvers] issued pursuant to subsection (a) 812
of section 29-28, as amended by this act, of the existence and purpose of 813
the system and the means to be used to access the database. 814
(c) The Department of Emergency Services and Public Protection 815
shall establish days and hours during which the telephone number or 816
other electronic means shall be operational for purposes of responding 817
to inquiries, taking into consideration the normal business hours of 818
retail firearm businesses. 819
(d) (1) The Department of Emergency Services and Public Protection 820
shall be the point of contact for initiating a background check through 821
the National Instant Criminal Background Check System (NICS), 822
established under section 103 of the Brady Handgun Violence 823 Substitute Bill No. 6667
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Prevention Act, on individuals purchasing firearms. 824
(2) The Department of Emergency Services and Public Protection, 825
Department of Mental Health and Addiction Services and Judicial 826
Department shall, in accordance with state and federal law regarding 827
confidentiality, enter into a memorandum of understanding with the 828
Federal Bureau of Investigation for the purpose of implementing the 829
National Instant Criminal Background Check System in the state. The 830
Department of Emergency Services and Public Protection shall report 831
the name, date of birth and physical description of any person 832
prohibited from possessing a firearm pursuant to 18 USC 922(g) or (n) 833
to the National Instant Criminal Background Check System Index, 834
Denied Persons Files. 835
(e) Any person, firm or corporation that contacts the Department of 836
Emergency Services and Public Protection to access the database 837
established under this section and determine if a person is eligible to 838
receive or possess a firearm shall not be held civilly liable for the sale or 839
transfer of a firearm to a person whose receipt or possession of such 840
firearm is unlawful or for refusing to sell or transfer a firearm to a person 841
who may lawfully receive or possess such firearm if such person, firm 842
or corporation relied, in good faith, on the information provided to such 843
person, firm or corporation by said department, unless the conduct of 844
such person, firm or corporation was unreasonable or reckless. 845
(f) Any person, firm or corporation that sells, delivers or otherwise 846
transfers any firearm pursuant to section 29-33, as amended by this act, 847
or 29-37a, as amended by this act, shall contact the Department of 848
Emergency Services and Public Protection to access the database 849
established under this section and receive an authorization number for 850
such sale, delivery or transfer. The provisions of this subsection shall not 851
apply to: (1) Any sale, delivery or transfer of an antique firearm 852
manufactured in or before 1898, including any firearm with a 853
matchlock, flintlock, percussion cap or similar type of ignition system 854
manufactured in or before 1898; (2) any sale, delivery or transfer of any 855
replica of any firearm described in subdivision (1) of this subsection if 856 Substitute Bill No. 6667
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such replica uses rimfire or conventional centerfire fixed ammunition 857
which is no longer manufactured in the United States and which is not 858
readily available in the ordinary channels of commercial trade; (3) 859
transactions between persons who are licensed as firearms importers or 860
collectors, manufacturers or dealers pursuant to 18 USC 921 et seq.; (4) 861
the transfer of firearms to and from gunsmiths for purposes of repair 862
only; and (5) any sale, delivery or transfer of any firearm to any agency 863
of the United States, the state of Connecticut or any local government. 864
(g) No person shall complete the transfer of actual possession of any 865
firearm for which an authorization number is required under this 866
section until the eleventh calendar day or later after receipt of such 867
authorization number. 868
Sec. 11. Section 29-37a of the general statutes is repealed and the 869
following is substituted in lieu thereof (Effective October 1, 2023): 870
(a) For the purposes of this section, "long gun" means a firearm, as 871
defined in section 53a-3, as amended by this act, other than a pistol or 872
revolver. 873
(b) (1) Except as provided in subdivision (2) of this subsection, no 874
person, firm or corporation may sell, deliver or otherwise transfer, at 875
retail, any long gun to any person under [eighteen] twenty-one years of 876
age. 877
(2) [No person, firm or corporation may sell, deliver or otherwise 878
transfer, at retail, any semi-automatic centerfire rifle that has or accepts 879
a magazine with a capacity exceeding five rounds to any person under 880
twenty-one years of age.] The provisions of this [subdivision] subsection 881
shall not apply to the sale, delivery or transfer of [such a rifle] any long 882
gun to any person who is a member or employee of an organized local 883
police department, the Department of Emergency Services and Public 884
Protection or the Department of Correction or a member of the military 885
or naval forces of this state or of the United States for use in the 886
discharge of their duties. 887 Substitute Bill No. 6667
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(c) [On and after April 1, 2014, no] No person may purchase or receive 888
any long gun unless such person holds a valid long gun eligibility 889
certificate issued pursuant to section 29-37p, as amended by this act, a 890
valid permit to carry a pistol or revolver issued pursuant to subsection 891
(b) of section 29-28, as amended by this act, a valid [permit] state license 892
to sell firearms at retail [a pistol or revolver] issued pursuant to 893
subsection (a) of section 29-28, as amended by this act, or a valid 894
eligibility certificate for a pistol or revolver issued pursuant to section 895
29-36f, as amended by this act. 896
(d) No person, firm or corporation may sell, deliver or otherwise 897
transfer, at retail, any long gun to any person unless such person makes 898
application on a form prescribed and furnished by the Commissioner of 899
Emergency Services and Public Protection, which shall be attached by 900
the transferor to the federal sale or transfer document and filed and 901
retained by the transferor for at least twenty years or until such 902
transferor goes out of business. Such application shall be available for 903
inspection during normal business hours by law enforcement officials. 904
No such sale, delivery or other transfer of any long gun shall be made 905
until the person, firm or corporation making such sale, delivery or 906
transfer has ensured that such application has been completed properly 907
and has obtained an authorization number from the Commissioner of 908
Emergency Services and Public Protection for such sale, delivery or 909
transfer. The Department of Emergency Services and Public Protection 910
shall make every effort, including performing the national instant 911
criminal background check, to determine if the applicant is eligible to 912
receive such long gun. If it is determined that the applicant is ineligible 913
to receive such long gun, the Commissioner of Emergency Services and 914
Public Protection shall immediately notify the (1) person, firm or 915
corporation to whom such application was made and no such long gun 916
shall be sold, delivered or otherwise transferred to such applicant by 917
such person, firm or corporation, and (2) chief of police of the town in 918
which the applicant resides, or, where there is no chief of police, the 919
warden of the borough or the first selectman of the town, as the case 920
may be, that the applicant is not eligible to receive a long gun. When any 921 Substitute Bill No. 6667
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long gun is delivered in connection with any sale or purchase, such long 922
gun shall be enclosed in a package, the paper or wrapping of which shall 923
be securely fastened, and no such long gun when delivered on any sale 924
or purchase shall be loaded or contain any gunpowder or other 925
explosive or any bullet, ball or shell. Upon the sale, delivery or other 926
transfer of the long gun, the transferee shall sign in triplicate a receipt 927
for such long gun, which shall contain the name, address and date and 928
place of birth of such transferee, the date of such sale, delivery or 929
transfer and the caliber, make, model and manufacturer's number and a 930
general description thereof. Not later than twenty-four hours after such 931
sale, delivery or transfer, the transferor shall send by first class mail or 932
electronically transfer one receipt to the Commissioner of Emergency 933
Services and Public Protection and one receipt to the chief of police of 934
the municipality in which the transferee resides or, where there is no 935
chief of police, the chief executive officer of the municipality, as defined 936
in section 7-148, in which the transferee resides or, if designated by such 937
chief executive officer, the resident state trooper serving such 938
municipality or a state police officer of the state police troop having 939
jurisdiction over such municipality, and shall retain one receipt, 940
together with the original application, for at least five years. 941
(e) No sale, delivery or other transfer of any long gun shall be made 942
by a person who [is not a federally licensed firearm manufacturer, 943
importer or dealer] does not possess a local permit and state license to 944
sell firearms at retail issued pursuant to subsection (a) of section 29-28, 945
as amended by this act, to a person who is not a federally licensed 946
firearm manufacturer, importer or dealer unless: 947
(1) The prospective transferor and prospective transferee comply 948
with the provisions of subsection (d) of this section, [and] the 949
prospective transferor has obtained an authorization number from the 950
Commissioner of Emergency Services and Public Protection for such 951
sale, delivery or transfer and the prospective transferor will have sold 952
ten or fewer firearms in the current calendar year and is not a federally 953
licensed firearm manufacturer, importer or dealer; or 954 Substitute Bill No. 6667
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(2) The prospective transferor or prospective transferee requests a 955
federally licensed firearm dealer to contact the Department of 956
Emergency Services and Public Protection on behalf of such prospective 957
transferor or prospective transferee and the federally licensed firearm 958
dealer has obtained an authorization number from the Commissioner of 959
Emergency Services and Public Protection for such sale, delivery or 960
transfer, and the prospective transferor will have sold ten or fewer 961
firearms in the current calendar year and is not a federally licensed 962
firearm manufacturer, importer or dealer. 963
(f) (1) [On and after January 1, 2014, for] For purposes of a transfer 964
pursuant to subdivision (2) of subsection (e) of this section, a 965
prospective transferor or prospective transferee may request a federally 966
licensed firearm dealer to contact the Department of Emergency 967
Services and Public Protection to obtain an authorization number for 968
such sale, delivery or transfer. If a federally licensed firearm dealer 969
consents to contact the department on behalf of the prospective 970
transferor or prospective transferee, the prospective transferor or 971
prospective transferee shall provide to such dealer the name, sex, race, 972
date of birth and state of residence of the prospective transferee and, if 973
necessary to verify the identity of the prospective transferee, may 974
provide a unique numeric identifier including, but not limited to, a 975
Social Security number, and additional identifiers including, but not 976
limited to, height, weight, eye and hair color, and place of birth. The 977
prospective transferee shall present to the dealer such prospective 978
transferee's valid long gun eligibility certificate issued pursuant to 979
section 29-37p, as amended by this act, valid permit to carry a pistol or 980
revolver issued pursuant to subsection (b) of section 29-28, as amended 981
by this act, valid [permit] state license to sell firearms at retail [a pistol 982
or revolver] issued pursuant to subsection (a) of section 29-28, as 983
amended by this act, or valid eligibility certificate for a pistol or revolver 984
issued pursuant to section 29-36f, as amended by this act. The dealer 985
may charge a fee for contacting the department on behalf of the 986
prospective transferor or prospective transferee. 987 Substitute Bill No. 6667
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(2) The Department of Emergency Services and Public Protection 988
shall make every effort, including performing the national instant 989
criminal background check, to determine if the prospective transferee is 990
eligible to receive such long gun. The Commissioner of Emergency 991
Services and Public Protection shall immediately notify the dealer of the 992
department's determination and the dealer shall immediately notify the 993
prospective transferor or prospective transferee of such determination. 994
If the department determines the prospective transferee is ineligible to 995
receive such long gun, no long gun shall be sold, delivered or otherwise 996
transferred by the prospective transferor to the prospective transferee. 997
If the department determines the prospective transferee is eligible to 998
receive such long gun and provides an authorization number for such 999
sale, delivery or transfer, the prospective transferor may proceed to sell, 1000
deliver or otherwise transfer the long gun to the prospective transferee. 1001
(3) Upon the sale, delivery or other transfer of the long gun, the 1002
transferor or transferee shall complete a form, prescribed by the 1003
Commissioner of Emergency Services and Public Protection, that 1004
contains the name and address of the transferor, the name and address 1005
of the transferee, the date and place of birth of such transferee, the 1006
firearm permit or certificate number of the transferee, the firearm permit 1007
or certificate number of the transferor, if any, the date of such sale, 1008
delivery or transfer, the caliber, make, model and manufacturer's 1009
number and a general description of such long gun and the 1010
authorization number provided by the department. Not later than 1011
twenty-four hours after such sale, delivery or transfer, the transferor 1012
shall send by first class mail or electronically transfer one copy of such 1013
form to the Commissioner of Emergency Services and Public Protection 1014
and one copy to the chief of police of the municipality in which the 1015
transferee resides or, where there is no chief of police, the chief executive 1016
officer of the municipality, as defined in section 7-148, in which the 1017
transferee resides or, if designated by such chief executive officer, the 1018
resident state trooper serving such municipality or a state police officer 1019
of the state police troop having jurisdiction over such municipality, and 1020
shall retain one copy, for at least five years. 1021 Substitute Bill No. 6667
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(g) [Prior to April 1, 2014, no sale, delivery or other transfer of any 1022
long gun shall be made until the expiration of two weeks from the date 1023
of the application, except that such waiting period shall not apply to any 1024
federal marshal, parole officer or peace officer, or to the sale, delivery or 1025
other transfer of (1) any long gun to a holder of a valid state permit to 1026
carry a pistol or revolver issued under the provisions of section 29-28, a 1027
valid eligibility certificate issued under the provisions of section 29-36f, 1028
or a valid long gun eligibility certificate issued under the provisions of 1029
section 29-37p, (2) any long gun to an active member of the armed forces 1030
of the United States or of any reserve component thereof, (3) any long 1031
gun to a holder of a valid hunting license issued pursuant to chapter 1032
490, or (4) antique firearms. For the purposes of this subsection, "antique 1033
firearm" means any firearm which was manufactured in or before 1898 1034
and any replica of such firearm, provided such replica is not designed 1035
or redesigned for using rimfire or conventional centerfire fixed 1036
ammunition except rimfire or conventional centerfire fixed ammunition 1037
which is no longer manufactured in the United States and not readily 1038
available in the ordinary channel of commercial trade.] No person shall 1039
complete the transfer of actual possession of any long gun for which an 1040
authorization number is required under this section until the eleventh 1041
calendar day or later after receipt of such authorization number. 1042
(h) The provisions of subsections [(c) to (g)] (b) to (f), inclusive, of this 1043
section shall not apply to the sale, delivery or transfer of (1) long guns 1044
to (A) the Department of Emergency Services and Public Protection, 1045
police departments, the Department of Correction, the Division of 1046
Criminal Justice, the Department of Motor Vehicles, the Department of 1047
Energy and Environmental Protection or the military or naval forces of 1048
this state or of the United States, (B) a sworn and duly certified member 1049
of an organized police department, the Division of State Police within 1050
the Department of Emergency Services and Public Protection or the 1051
Department of Correction, a chief inspector or inspector in the Division 1052
of Criminal Justice, a salaried inspector of motor vehicles designated by 1053
the Commissioner of Motor Vehicles, a conservation officer or special 1054
conservation officer appointed by the Commissioner of Energy and 1055 Substitute Bill No. 6667
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Environmental Protection pursuant to section 26-5, or a constable who 1056
is certified by the Police Officer Standards and Training Council and 1057
appointed by the chief executive authority of a town, city or borough to 1058
perform criminal law enforcement duties, pursuant to a letter on the 1059
letterhead of such department, division, commissioner or authority 1060
authorizing the purchase and stating that the sworn member, inspector, 1061
officer or constable will use the long gun in the discharge of official 1062
duties, and that a records check indicates that the sworn member, 1063
inspector, officer or constable has not been convicted of a crime of family 1064
violence, for use by such sworn member, inspector, officer or constable 1065
in the discharge of such sworn member's, inspector's, officer's or 1066
constable's official duties or when off duty, (C) a member of the military 1067
or naval forces of this state or of the United States, or (D) a nuclear 1068
facility licensed by the United States Nuclear Regulatory Commission 1069
for the purpose of providing security services at such facility, or any 1070
contractor or subcontractor of such facility for the purpose of providing 1071
security services at such facility; (2) long guns to or between federally 1072
licensed firearm manufacturers, importers or dealers; (3) curios or relics, 1073
as defined in 27 CFR 478.11, to or between federally licensed firearm 1074
collectors; or (4) antique firearms. [, as defined in subsection (g) of this 1075
section] For the purposes of this subsection, "antique firearm" means 1076
any firearm which was manufactured in or before 1898 and any replica 1077
of such firearm, provided such replica is not designed or redesigned for 1078
using rimfire or conventional centerfire fixed ammunition except 1079
rimfire or conventional centerfire fixed ammunition which is no longer 1080
manufactured in the United States and not readily available in the 1081
ordinary channel of commercial trade. 1082
(i) If the court finds that a violation of this section is not of a serious 1083
nature and that the person charged with such violation (1) will probably 1084
not offend in the future, (2) has not previously been convicted of a 1085
violation of this section, and (3) has not previously had a prosecution 1086
under this section suspended pursuant to this subsection, it may order 1087
suspension of prosecution. The court shall not order suspension of 1088
prosecution unless the accused person has acknowledged that he 1089 Substitute Bill No. 6667
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understands the consequences of the suspension of prosecution. Any 1090
person for whom prosecution is suspended shall agree to the tolling of 1091
any statute of limitations with respect to such violation and to a waiver 1092
of his right to a speedy trial. Such person shall appear in court and shall 1093
be released to the supervision of the Court Support Services Division for 1094
such period, not exceeding two years, and under such conditions as the 1095
court shall order. If the person refuses to accept, or, having accepted, 1096
violates such conditions, the court shall terminate the suspension of 1097
prosecution and the case shall be brought to trial. If such person 1098
satisfactorily completes his period of probation, he may apply for 1099
dismissal of the charges against him and the court, on finding such 1100
satisfactory completion, shall dismiss such charges. If the person does 1101
not apply for dismissal of the charges against him after satisfactorily 1102
completing his period of probation, the court, upon receipt of a report 1103
submitted by the Court Support Services Division that the person 1104
satisfactorily completed his period of probation, may on its own motion 1105
make a finding of such satisfactory completion and dismiss such 1106
charges. Upon dismissal, all records of such charges shall be erased 1107
pursuant to section 54-142a. An order of the court denying a motion to 1108
dismiss the charges against a person who has completed his period of 1109
probation or terminating the participation of a defendant in such 1110
program shall be a final judgment for purposes of appeal. 1111
(j) Any person who violates any provision of this section shall be 1112
guilty of a class D felony, except that any person who sells, delivers or 1113
otherwise transfers a long gun in violation of the provisions of this 1114
section, knowing that such long gun is stolen or that the manufacturer's 1115
number or other mark of identification on such long gun has been 1116
altered, removed or obliterated, shall be guilty of a class B felony, and 1117
any long gun found in the possession of any person in violation of any 1118
provision of this section shall be forfeited. 1119
Sec. 12. Section 29-37i of the general statutes is repealed and the 1120
following is substituted in lieu thereof (Effective October 1, 2023): 1121
No person shall store or keep any firearm, as defined in section 53a-1122 Substitute Bill No. 6667
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3, as amended by this act, on any premises under such person's control 1123
[if such person knows or reasonably should know that (1) a minor is 1124
likely to gain access to the firearm without the permission of the parent 1125
or guardian of the minor, (2) a resident of the premises is ineligible to 1126
possess a firearm under state or federal law, (3) a resident of the 1127
premises is subject to a risk protection order issued pursuant to section 1128
29-38c, or (4) a resident of the premises poses a risk of imminent 1129
personal injury to himself or herself or to another person,] unless such 1130
person [(A)] (1) keeps the firearm in a securely locked box or other 1131
container or in a manner which a reasonable person would believe to be 1132
secure, or [(B)] (2) carries the firearm on his or her person or within such 1133
close proximity thereto that such person can readily retrieve and use the 1134
firearm as if such person carried the firearm on his or her person. [For 1135
the purposes of this section, "minor" means any person under the age of 1136
eighteen years.] 1137
Sec. 13. Section 29-38b of the general statutes is repealed and the 1138
following is substituted in lieu thereof (Effective October 1, 2023): 1139
(a) The Commissioner of Emergency Services and Public Protection, 1140
in fulfilling [his] the commissioner's obligations under sections 29-28 to 1141
29-38, inclusive, as amended by this act, and section 53-202d, as 1142
amended by this act, shall verify that any person who [, on or after 1143
October 1, 1998,] applies for or seeks renewal of a [permit] state license 1144
to sell firearms at retail, [a pistol or revolver,] a permit to carry a pistol 1145
or revolver, an eligibility certificate for a pistol or revolver or a certificate 1146
of possession for an assault weapon, or who [, on or after July 1, 2013,] 1147
applies for or seeks renewal of a long gun eligibility certificate, has not 1148
been confined in a hospital for persons with psychiatric disabilities, as 1149
defined in section 17a-495, within the preceding sixty months by order 1150
of a probate court or has not been voluntarily admitted to a hospital for 1151
persons with psychiatric disabilities, as defined in section 17a-495, 1152
within the preceding six months for care and treatment of a psychiatric 1153
disability and not solely for being an alcohol-dependent person or a 1154
drug-dependent person as those terms are defined in section 17a-680, by 1155 Substitute Bill No. 6667
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making an inquiry to the Department of Mental Health and Addiction 1156
Services in such a manner so as to only receive a report on the 1157
commitment or admission status of the person with respect to whom the 1158
inquiry is made including identifying information in accordance with 1159
the provisions of subsection (b) of section 17a-500. 1160
(b) If the Commissioner of Emergency Services and Public Protection 1161
determines pursuant to subsection (a) of this section that a person has 1162
been confined in a hospital for persons with psychiatric disabilities, as 1163
defined in section 17a-495, within the preceding sixty months by order 1164
of a probate court or has been voluntarily admitted to a hospital for 1165
persons with psychiatric disabilities, as defined in section 17a-495, 1166
within the preceding six months for care and treatment of a psychiatric 1167
disability and not solely for being an alcohol-dependent person or a 1168
drug-dependent person as those terms are defined in section 17a-680, 1169
said commissioner shall report the status of such person's application 1170
for or renewal of a [permit] state license to sell firearms at retail, [a pistol 1171
or revolver,] a permit to carry a pistol or revolver, an eligibility 1172
certificate for a pistol or revolver, a certificate of possession for an 1173
assault weapon or a long gun eligibility certificate to the Commissioner 1174
of Mental Health and Addiction Services for the purpose of fulfilling his 1175
responsibilities under subsection (c) of section 17a-500. 1176
Sec. 14. Section 29-38m of the general statutes is repealed and the 1177
following is substituted in lieu thereof (Effective October 1, 2023): 1178
(a) For the purposes of this section and sections 29-38n to 29-38p, 1179
inclusive, "ammunition" means a loaded cartridge, consisting of a 1180
primed case, propellant or projectile, designed for use in any firearm, 1181
"firearm" has the meaning provided in section 53a-3, as amended by this 1182
act, and "magazine" means any firearm magazine, belt, drum, feed strip 1183
or similar device that accepts ammunition. 1184
(b) No person, firm or corporation shall sell ammunition or an 1185
ammunition magazine to any person under eighteen years of age. 1186 Substitute Bill No. 6667
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(c) [On and after October 1, 2013, no] No person, firm or corporation 1187
shall sell ammunition or an ammunition magazine to any person unless 1188
such person holds a valid permit to carry a pistol or revolver issued 1189
pursuant to subsection (b) of section 29-28, as amended by this act, a 1190
valid local permit and state license to sell firearms at retail [a pistol or 1191
revolver] issued pursuant to subsection (a) of section 29-28, as amended 1192
by this act, a valid eligibility certificate for a pistol or revolver issued 1193
pursuant to section 29-36f, as amended by this act, or a valid long gun 1194
eligibility certificate issued pursuant to section 29-37p, as amended by 1195
this act, and presents to the transferor such permit or certificate, or 1196
unless such person holds a valid ammunition certificate issued pursuant 1197
to section 29-38n and presents to the transferor such certificate and such 1198
person's motor vehicle operator's license, passport or other valid form 1199
of identification issued by the federal government or a state or 1200
municipal government that contains such person's date of birth and 1201
photograph. 1202
(d) The provisions of [subsection] subsections (b) and (c) of this 1203
section shall not apply to the sale of ammunition to (1) the Department 1204
of Emergency Services and Public Protection, police departments, the 1205
Department of Correction, the Division of Criminal Justice, the 1206
Department of Motor Vehicles, the Department of Energy and 1207
Environmental Protection or the military or naval forces of this state or 1208
of the United States; (2) a sworn and duly certified member of an 1209
organized police department, the Division of State Police within the 1210
Department of Emergency Services and Public Protection or the 1211
Department of Correction, a chief inspector or inspector in the Division 1212
of Criminal Justice, a salaried inspector of motor vehicles designated by 1213
the Commissioner of Motor Vehicles, a conservation officer or special 1214
conservation officer appointed by the Commissioner of Energy and 1215
Environmental Protection pursuant to section 26-5, or a constable who 1216
is certified by the Police Officer Standards and Training Council and 1217
appointed by the chief executive authority of a town, city or borough to 1218
perform criminal law enforcement duties, for use by such sworn 1219
member, inspector, officer or constable in the discharge of such sworn 1220 Substitute Bill No. 6667
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member's, inspector's, officer's or constable's official duties or when off 1221
duty; (3) a member of the military or naval forces of this state or of the 1222
United States; (4) a nuclear facility licensed by the United States Nuclear 1223
Regulatory Commission for the purpose of providing security services 1224
at such facility, or any contractor or subcontractor of such facility for the 1225
purpose of providing security services at such facility; or (5) a federally 1226
licensed firearm manufacturer, importer, dealer or collector. 1227
(e) Any person who violates any provision of this section shall be 1228
guilty of a class D felony. 1229
Sec. 15. Subsections (d) to (f), inclusive, of section 53-202f of the 1230
general statutes are repealed and the following is substituted in lieu 1231
thereof (Effective from passage): 1232
(d) (1) Not later than December 31, 2013, any person who lawfully 1233
possessed an assault weapon described in any provision of 1234
subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, 1235
as amended by this act, on April 4, 2013, which was lawful under the 1236
provisions of sections 53-202a to 53-202k, inclusive, as amended by this 1237
act, in effect on January 1, 2013, may transfer possession of the assault 1238
weapon to a licensed gun dealer within or outside of this state for sale 1239
outside of this state, and may transport the assault weapon to such 1240
dealer for the purpose of making such transfer, without obtaining a 1241
certificate of possession under section 53-202d, as amended by this act. 1242
(2) Not later than December 31, 2023, any person who lawfully 1243
possessed a 2023 assault weapon on the date immediately preceding the 1244
effective date of this section, which was lawful under the provisions of 1245
sections 53-202a to 53-202k, inclusive, as amended by this act, in effect 1246
on January 1, 2023, may transfer possession of the 2023 assault weapon 1247
to a licensed gun dealer within or outside of this state for sale outside of 1248
this state, and may transport the 2023 assault weapon to such dealer for 1249
the purpose of making such transfer, without obtaining a certificate of 1250
possession under section 53-202d, as amended by this act. 1251 Substitute Bill No. 6667
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(e) (1) Not later than October 1, 2013, any licensed gun dealer, 1252
pawnbroker licensed under section 21-40, or consignment shop 1253
operator, as defined in section 21-39a, may transfer possession of an 1254
assault weapon to any person who [(1)] (A) legally possessed the assault 1255
weapon prior to or on April 4, 2013, [(2)] (B) placed the assault weapon 1256
in the possession of such dealer, pawnbroker or operator prior to or on 1257
April 4, 2013, pursuant to an agreement between such person and such 1258
dealer, pawnbroker or operator for the sale of the assault weapon to a 1259
third person, and [(3)] (C) is eligible to possess a firearm on the date of 1260
such transfer. 1261
(2) Not later than October 1, 2023, any licensed gun dealer, 1262
pawnbroker licensed under section 21-40, or consignment shop 1263
operator, as defined in section 21-39a, may transfer possession of a 2023 1264
assault weapon to any person who (A) legally possessed the 2023 assault 1265
weapon prior to the effective date of this section, (B) placed the 2023 1266
assault weapon in the possession of such dealer, pawnbroker or 1267
operator prior to the effective date of this section, pursuant to an 1268
agreement between such person and such dealer, pawnbroker or 1269
operator for the sale of the assault weapon to a third person, and (C) is 1270
eligible to possess a firearm on the date of such transfer. 1271
(f) The term "licensed gun dealer", as used in sections 53-202a to 53-1272
202k, inclusive, as amended by this act, means a person who has a 1273
federal firearms license, and (1) prior to October 1, 2023, a permit to sell 1274
firearms pursuant to section 29-28, as amended by this act, or (2) on or 1275
after October 1, 2023, a local permit and state license to sell firearms at 1276
retail pursuant to section 29-28, as amended by this act. 1277
Sec. 16. Subsection (a) of section 53-202w of the general statutes is 1278
repealed and the following is substituted in lieu thereof (Effective October 1279
1, 2023): 1280
(a) As used in this section and section 53-202x, as amended by this 1281
act: 1282 Substitute Bill No. 6667
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(1) "Large capacity magazine" means any firearm magazine, belt, 1283
drum, feed strip or similar device that has the capacity of, or can be 1284
readily restored or converted to accept, more than ten rounds of 1285
ammunition, but does not include: (A) A feeding device that has been 1286
permanently altered so that it cannot accommodate more than ten 1287
rounds of ammunition, (B) a .22 caliber tube ammunition feeding 1288
device, (C) a tubular magazine that is contained in a lever-action 1289
firearm, or (D) a magazine that is permanently inoperable; 1290
(2) "Lawfully possesses", with respect to a large capacity magazine, 1291
means that a person has (A) actual and lawful possession of the large 1292
capacity magazine, (B) constructive possession of the large capacity 1293
magazine pursuant to a lawful purchase of a firearm that contains a 1294
large capacity magazine that was transacted prior to or on April 4, 2013, 1295
regardless of whether the firearm was delivered to the purchaser prior 1296
to or on April 4, 2013, which lawful purchase is evidenced by a writing 1297
sufficient to indicate that (i) a contract for sale was made between the 1298
parties prior to or on April 4, 2013, for the purchase of the firearm, or (ii) 1299
full or partial payment for the firearm was made by the purchaser to the 1300
seller of the firearm prior to or on April 4, 2013, or (C) actual possession 1301
under subparagraph (A) of this subdivision, or constructive possession 1302
under subparagraph (B) of this subdivision, as evidenced by a written 1303
statement made under penalty of false statement on such form as the 1304
Commissioner of Emergency Services and Public Protection prescribes; 1305
and 1306
(3) "Licensed gun dealer" means a person who has a federal firearms 1307
license and a local permit and state license to sell firearms pursuant to 1308
section 29-28, as amended by this act. 1309
Sec. 17. Subsection (e) of section 53-202x of the general statutes is 1310
repealed and the following is substituted in lieu thereof (Effective October 1311
1, 2023): 1312
(e) (1) If an owner of a large capacity magazine transfers the large 1313
capacity magazine to a licensed gun dealer, such dealer shall, at the time 1314 Substitute Bill No. 6667
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of delivery of the large capacity magazine, execute a certificate of 1315
transfer. For any transfer prior to January 1, 2014, the dealer shall 1316
provide to the Commissioner of Emergency Services and Public 1317
Protection monthly reports, on such form as the commissioner 1318
prescribes, regarding the number of transfers that the dealer has 1319
accepted. For any transfer on or after January 1, 2014, the dealer shall 1320
cause the certificate of transfer to be mailed or delivered to the 1321
Commissioner of Emergency Services and Public Protection. The 1322
certificate of transfer shall contain: (A) The date of sale or transfer; (B) 1323
the name and address of the seller or transferor and the licensed gun 1324
dealer, and their Social Security numbers or motor vehicle operator 1325
license numbers, if applicable; (C) the licensed gun dealer's federal 1326
firearms license number; and (D) a description of the large capacity 1327
magazine. 1328
(2) The licensed gun dealer shall present such dealer's federal 1329
firearms license and seller's local permit and state license to the seller or 1330
transferor for inspection at the time of purchase or transfer. 1331
(3) The Commissioner of Emergency Services and Public Protection 1332
shall maintain a file of all certificates of transfer at the commissioner's 1333
central office. 1334
Sec. 18. Subsection (b) of section 54-36e of the general statutes is 1335
repealed and the following is substituted in lieu thereof (Effective October 1336
1, 2023): 1337
(b) Firearms and ammunition turned over to the state police pursuant 1338
to subsection (a) of this section which are not destroyed or retained for 1339
appropriate use shall be sold at public auctions, conducted by the 1340
Commissioner of Administrative Services or said commissioner's 1341
designee. Pistols and revolvers, as defined in section 53a-3, as amended 1342
by this act, which are antiques, as defined in section 29-33, as amended 1343
by this act, or curios or relics, as defined in the Code of Federal 1344
Regulations, Title 27, Chapter 1, Part 178, or modern pistols and 1345
revolvers which have a current retail value of one hundred dollars or 1346 Substitute Bill No. 6667
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more may be sold at such public auctions, provided such pistols and 1347
revolvers shall be sold only to persons who have a valid local permit 1348
and state license to sell [a pistol or revolver] firearms at retail, or a valid 1349
permit to carry a pistol or revolver, issued pursuant to section 29-28, as 1350
amended by this act. Rifles and shotguns, as defined in section 53a-3, as 1351
amended by this act, shall be sold only to persons qualified under 1352
federal law to purchase such rifles and shotguns and who have a valid 1353
long gun eligibility certificate issued pursuant to section 29-37p, as 1354
amended by this act. The proceeds of any such sale shall be paid to the 1355
State Treasurer and deposited by the State Treasurer in the forfeit 1356
firearms account within the General Fund. 1357
Sec. 19. Subsection (e) of section 53-202l of the general statutes is 1358
repealed and the following is substituted in lieu thereof (Effective from 1359
passage): 1360
(e) If the court finds that a violation of this section is not of a serious 1361
nature and that the person charged with such violation (1) will probably 1362
not offend in the future, (2) has not previously been convicted of a 1363
violation of this section, and (3) has not previously had a prosecution 1364
under this section suspended pursuant to this subsection, it may order 1365
suspension of prosecution in accordance with the provisions of 1366
subsection [(h)] (i) of section 29-33, as amended by this act. 1367
Sec. 20. Subsection (g) of section 53-202w of the general statutes is 1368
repealed and the following is substituted in lieu thereof (Effective from 1369
passage): 1370
(g) If the court finds that a violation of this section is not of a serious 1371
nature and that the person charged with such violation (1) will probably 1372
not offend in the future, (2) has not previously been convicted of a 1373
violation of this section, and (3) has not previously had a prosecution 1374
under this section suspended pursuant to this subsection, it may order 1375
suspension of prosecution in accordance with the provisions of 1376
subsection [(h)] (i) of section 29-33, as amended by this act. 1377 Substitute Bill No. 6667
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Sec. 21. Subsection (f) of section 53-206g of the general statutes is 1378
repealed and the following is substituted in lieu thereof (Effective from 1379
passage): 1380
(f) If the court finds that a violation of this section is not of a serious 1381
nature and that the person charged with such violation (1) will probably 1382
not offend in the future, (2) has not previously been convicted of a 1383
violation of this section, and (3) has not previously had a prosecution 1384
under this section suspended pursuant to this subsection, it may order 1385
suspension of prosecution in accordance with the provisions of 1386
subsection [(h)] (i) of section 29-33, as amended by this act. 1387
Sec. 22. Section 53a-217a of the general statutes is repealed and the 1388
following is substituted in lieu thereof (Effective October 1, 2023): 1389
(a) A person is guilty of criminally negligent storage of a firearm 1390
when such person violates the provisions of section 29-37i, as amended 1391
by this act. [and a minor or, a resident of the premises who is ineligible 1392
to possess a firearm under state or federal law or who poses a risk of 1393
imminent personal injury to himself or herself or to other individuals, 1394
obtains the firearm and causes the injury or death of such minor, 1395
resident or any other person. For the purposes of this section, "minor" 1396
means any person under the age of eighteen years. 1397
(b) The provisions of this section shall not apply if the minor obtains 1398
the firearm as a result of an unlawful entry to any premises by any 1399
person.] 1400
[(c)] (b) Criminally negligent storage of a firearm is a class D felony. 1401
Sec. 23. Section 54-66a of the general statutes is repealed and the 1402
following is substituted in lieu thereof (Effective from passage): 1403
Any bail bond posted in any criminal proceeding in this state shall be 1404
automatically terminated and released whenever the defendant: (1) Is 1405
granted accelerated rehabilitation pursuant to section 54-56e; (2) is 1406
granted admission to the pretrial alcohol education program pursuant 1407 Substitute Bill No. 6667
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to section 54-56g; (3) is granted admission to the pretrial family violence 1408
education program pursuant to section 46b-38c; (4) is granted admission 1409
to the pretrial drug education and community service program 1410
pursuant to section 54-56i; (5) has the complaint or information filed 1411
against such defendant dismissed; (6) has the prosecution of the 1412
complaint or information filed against such defendant terminated by 1413
entry of a nolle prosequi; (7) is acquitted; (8) is sentenced by the court 1414
and a stay of such sentence, if any, is lifted; (9) is granted admission to 1415
the pretrial school violence prevention program pursuant to section 54-1416
56j; (10) is charged with a violation of section 29-33, as amended by this 1417
act, 53-202l or 53-202w, as amended by this act, and prosecution has 1418
been suspended pursuant to subsection [(h)] (i) of section 29-33, as 1419
amended by this act; (11) is charged with a violation of section 29-37a, 1420
as amended by this act, and prosecution has been suspended pursuant 1421
to subsection (i) of section 29-37a, as amended by this act; (12) is granted 1422
admission to the supervised diversionary program for persons with 1423
psychiatric disabilities, or persons who are veterans, pursuant to section 1424
54-56l; (13) is granted admission to a diversionary program for young 1425
persons charged with a motor vehicle violation or an alcohol-related 1426
offense pursuant to section 54-56p; (14) is granted admission to the 1427
pretrial drug intervention and community service program pursuant to 1428
section 54-56q; or (15) is granted admission to the pretrial impaired 1429
driving intervention program pursuant to section 54-56r. 1430
Sec. 24. Subdivision (8) of section 54-280 of the general statutes is 1431
repealed and the following is substituted in lieu thereof (Effective from 1432
passage): 1433
(8) "Offense committed with a deadly weapon" or "offense" means: 1434
(A) A violation of subsection (c) of section 2-1e, subsection (e) of section 1435
29-28, subsections (a) to (e), inclusive, or [(i)] (j) of section 29-33, as 1436
amended by this act, section 29-34, subsection (a) of section 29-35, as 1437
amended by this act, section 29-36, 29-36k, 29-37a, as amended by this 1438
act, or 29-37e, subsection (c) of section 29-37g, section 29-37j, subsection 1439
(b), (c) or (g) of section 53-202, section 53-202b, 53-202c, as amended by 1440 Substitute Bill No. 6667
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this act, 53-202j, 53-202k, 53-202l, as amended by this act, 53-202aa or 53-1441
206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a, 1442
53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212, 1443
53a-216, 53a-217, 53a-217a, as amended by this act, 53a-217b or 53a-217c, 1444
as amended by this act, or a second or subsequent violation of section 1445
53-202g; or (B) a violation of any section of the general statutes which 1446
constitutes a felony, as defined in section 53a-25, provided the court 1447
makes a finding that, at the time of the offense, the offender used a 1448
deadly weapon, or was armed with and threatened the use of or 1449
displayed or represented by words or conduct that the offender 1450
possessed a deadly weapon; 1451
Sec. 25. Section 53-202a of the general statutes is repealed and the 1452
following is substituted in lieu thereof (Effective from passage): 1453
As used in this section and sections 53-202b to 53-202k, inclusive: 1454
(1) "Assault weapon" means: 1455
(A) (i) Any selective-fire firearm capable of fully automatic, 1456
semiautomatic or burst fire at the option of the user or any of the 1457
following specified semiautomatic firearms: Algimec Agmi; Armalite 1458
AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance 1459
Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty 1460
model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; 1461
Calico models M-900, M-950 and 100-P; Chartered Industries of 1462
Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and 1463
Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, 1464
FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; 1465
Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR 1466
and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; 1467
Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-1468
10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; 1469
Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock 1470
model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto 1471
Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; 1472 Substitute Bill No. 6667
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Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 1473
revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and 1474
Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol; 1475
(ii) A part or combination of parts designed or intended to convert a 1476
firearm into an assault weapon, as defined in subparagraph (A)(i) of this 1477
subdivision, or any combination of parts from which an assault weapon, 1478
as defined in subparagraph (A)(i) of this subdivision, may be rapidly 1479
assembled if those parts are in the possession or under the control of the 1480
same person; 1481
(B) Any of the following specified semiautomatic centerfire rifles, or 1482
copies or duplicates thereof with the capability of any such rifles, that 1483
were in production prior to or on April 4, 2013: (i) AK-47; (ii) AK-74; (iii) 1484
AKM; (iv) AKS-74U; (v) ARM; (vi) MAADI AK47; (vii) MAK90; (viii) 1485
MISR; (ix) NHM90 and NHM91; (x) Norinco 56, 56S, 84S and 86S; (xi) 1486
Poly Technologies AKS and AK47; (xii) SA 85; (xiii) SA 93; (xiv) VEPR; 1487
(xv) WASR-10; (xvi) WUM; (xvii) Rock River Arms LAR-47; (xviii) 1488
Vector Arms AK-47; (xix) AR-10; (xx) AR-15; (xxi) Bushmaster Carbon 1489
15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster MOE Rifles; 1490
(xxii) Colt Match Target Rifles; (xxiii) Armalite M15; (xxiv) Olympic 1491
Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles; 1492
(xxv) DPMS Tactical Rifles; (xxvi) Smith and Wesson M&P15 Rifles; 1493
(xxvii) Rock River Arms LAR-15; (xxviii) Doublestar AR Rifles; (xxix) 1494
Barrett REC7; (xxx) Beretta Storm; (xxxi) Calico Liberty 50, 50 Tactical, 1495
100, 100 Tactical, I, I Tactical, II and II Tactical Rifles; (xxxii) Hi-Point 1496
Carbine Rifles; (xxxiii) HK-PSG-1; (xxxiv) Kel-Tec Sub-2000, SU Rifles, 1497
and RFB; (xxxv) Remington Tactical Rifle Model 7615; (xxxvi) SAR-8, 1498
SAR-4800 and SR9; (xxxvii) SLG 95; (xxxviii) SLR 95 or 96; (xxxix) TNW 1499
M230 and M2HB; (xl) Vector Arms UZI; (xli) Galil and Galil Sporter; 1500
(xlii) Daewoo AR 100 and AR 110C; (xliii) Fabrique Nationale/FN 308 1501
Match and L1A1 Sporter; (xliv) HK USC; (xlv) IZHMASH Saiga AK; 1502
(xlvi) SIG Sauer 551-A1, 556, 516, 716 and M400 Rifles; (xlvii) Valmet 1503
M62S, M71S and M78S; (xlviii) Wilkinson Arms Linda Carbine; and 1504
(xlix) Barrett M107A1; 1505 Substitute Bill No. 6667
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(C) Any of the following specified semiautomatic pistols, or copies or 1506
duplicates thereof with the capability of any such pistols, that were in 1507
production prior to or on April 4, 2013: (i) Centurion 39 AK; (ii) Draco 1508
AK-47; (iii) HCR AK-47; (iv) IO Inc. Hellpup AK-47; (v) Mini-Draco AK-1509
47; (vi) Yugo Krebs Krink; (vii) American Spirit AR-15; (viii) Bushmaster 1510
Carbon 15; (ix) Doublestar Corporation AR; (x) DPMS AR-15; (xi) 1511
Olympic Arms AR-15; (xii) Rock River Arms LAR 15; (xiii) Calico 1512
Liberty III and III Tactical Pistols; (xiv) Masterpiece Arms MPA Pistols 1513
and Velocity Arms VMA Pistols; (xv) Intratec TEC-DC9 and AB-10; (xvi) 1514
Colefire Magnum; (xvii) German Sport 522 PK and Chiappa Firearms 1515
Mfour-22; (xviii) DSA SA58 PKP FAL; (xix) I.O. Inc. PPS-43C; (xx) Kel-1516
Tec PLR-16 Pistol; (xxi) Sig Sauer P516 and P556 Pistols; and (xxii) 1517
Thompson TA5 Pistols; 1518
(D) Any of the following semiautomatic shotguns, or copies or 1519
duplicates thereof with the capability of any such shotguns, that were in 1520
production prior to or on April 4, 2013: All IZHMASH Saiga 12 1521
Shotguns; 1522
(E) Any semiautomatic firearm regardless of whether such firearm is 1523
listed in subparagraphs (A) to (D), inclusive, of this subdivision, and 1524
regardless of the date such firearm was produced, that meets the 1525
following criteria: 1526
(i) A semiautomatic, centerfire rifle that has an ability to accept a 1527
detachable magazine and has at least one of the following: 1528
(I) A folding or telescoping stock; 1529
(II) Any grip of the weapon, including a pistol grip, a thumbhole 1530
stock, or any other stock, the use of which would allow an individual to 1531
grip the weapon, resulting in any finger on the trigger hand in addition 1532
to the trigger finger being directly below any portion of the action of the 1533
weapon when firing; 1534
(III) A forward pistol grip; 1535 Substitute Bill No. 6667
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(IV) A flash suppressor; or 1536
(V) A grenade launcher or flare launcher; or 1537
(ii) A semiautomatic, centerfire rifle that has a fixed magazine with 1538
the ability to accept more than ten rounds; or 1539
(iii) A semiautomatic, centerfire rifle that has an overall length of less 1540
than thirty inches; or 1541
(iv) A semiautomatic pistol that has an ability to accept a detachable 1542
magazine and has at least one of the following: 1543
(I) An ability to accept a detachable ammunition magazine that 1544
attaches at some location outside of the pistol grip; 1545
(II) A threaded barrel capable of accepting a flash suppressor, 1546
forward pistol grip or silencer; 1547
(III) A shroud that is attached to, or partially or completely encircles, 1548
the barrel and that permits the shooter to fire the firearm without being 1549
burned, except a slide that encloses the barrel; or 1550
(IV) A second hand grip; or 1551
(v) A semiautomatic pistol with a fixed magazine that has the ability 1552
to accept more than ten rounds; or 1553
(vi) A semiautomatic shotgun that has both of the following: 1554
(I) A folding or telescoping stock; and 1555
(II) Any grip of the weapon, including a pistol grip, a thumbhole 1556
stock, or any other stock, the use of which would allow an individual to 1557
grip the weapon, resulting in any finger on the trigger hand in addition 1558
to the trigger finger being directly below any portion of the action of the 1559
weapon when firing; or 1560
(vii) A semiautomatic shotgun that has the ability to accept a 1561 Substitute Bill No. 6667
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detachable magazine; or 1562
(viii) A shotgun with a revolving cylinder; or 1563
(ix) Any semiautomatic firearm that meets the criteria set forth in 1564
subdivision (3) or (4) of subsection (a) of section 53-202a of the general 1565
statutes, revision of 1958, revised to January 1, 2013; or 1566
(F) A part or combination of parts designed or intended to convert a 1567
firearm into an assault weapon, as defined in any provision of 1568
subparagraphs (B) to (E), inclusive, of this subdivision, or any 1569
combination of parts from which an assault weapon, as defined in any 1570
provision of subparagraphs (B) to (E), inclusive, of this subdivision, may 1571
be assembled if those parts are in the possession or under the control of 1572
the same person; 1573
(G) Any semiautomatic firearm regardless of whether such firearm is 1574
listed in subparagraphs (A) to (D), inclusive, of this subdivision, and 1575
regardless of the date such firearm was produced, that meets the 1576
following criteria: 1577
(i) A semiautomatic firearm, other than a pistol, revolver, rifle or 1578
shotgun, that has at least one of the following: 1579
(I) Any grip of the weapon, including a pistol grip, a thumbhole stock 1580
or any other stock, the use of which would allow an individual to grip 1581
the weapon, resulting in any finger on the trigger hand in addition to 1582
the trigger finger being directly below any portion of the action of the 1583
weapon when firing; 1584
(II) An ability to accept a detachable ammunition magazine that 1585
attaches at some location outside of the pistol grip; 1586
(III) A fixed magazine with the ability to accept more than ten rounds; 1587
(IV) A flash suppressor or silencer, or a threaded barrel capable of 1588
accepting a flash suppressor or silencer; 1589 Substitute Bill No. 6667
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(V) A shroud that is attached to, or partially or completely encircles, 1590
the barrel and that permits the shooter to fire the firearm without being 1591
burned, except a slide that encloses the barrel; 1592
(VI) A second hand grip; or 1593
(VII) An arm brace or other stabilizing brace that could allow such 1594
firearm to be fired from the shoulder, with or without a strap designed 1595
to attach to an individual's arm; 1596
(ii) A semiautomatic, rimfire rifle that has an ability to accept a 1597
detachable magazine and has at least one of the following: 1598
(I) A folding or telescoping stock; 1599
(II) Any grip of the weapon, including a pistol grip, a thumbhole 1600
stock, or any other stock, the use of which would allow an individual to 1601
grip the weapon, resulting in any finger on the trigger hand in addition 1602
to the trigger finger being directly below any portion of the action of the 1603
weapon when firing; 1604
(III) A forward pistol grip; 1605
(IV) A flash suppressor; or 1606
(V) A grenade launcher or flare launcher; 1607
(H) Any semiautomatic firearm that meets the criteria set forth in 1608
subdivision (3) or (4) of subsection (a) of section 53-202a of the general 1609
statutes, revision of 1958, revised to January 1, 2013, that was legally 1610
manufactured prior to September 13, 1994; or 1611
(I) A part or combination of parts designed or intended to convert a 1612
firearm into an assault weapon, as defined in any provision of 1613
subparagraph (G) or (H) of this subdivision, or any combination of parts 1614
from which an assault weapon, as defined in any provision of 1615
subparagraph (G) or (H) of this subdivision, may be assembled if those 1616
parts are in the possession or under the control of the same person; 1617 Substitute Bill No. 6667
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(2) "Assault weapon" does not include (A) any firearm modified to 1618
render it permanently inoperable, or (B) a part or any combination of 1619
parts of an assault weapon, that are not assembled as an assault weapon, 1620
when in the possession of a licensed gun dealer, as defined in subsection 1621
(f) of section 53-202f, as amended by this act, or a gunsmith who is in 1622
the licensed gun dealer's employ, for the purposes of servicing or 1623
repairing lawfully possessed assault weapons under sections 53-202a to 1624
53-202k, inclusive, as amended by this act; 1625
(3) "Action of the weapon" means the part of the firearm that loads, 1626
fires and ejects a cartridge, which part includes, but is not limited to, the 1627
upper and lower receiver, charging handle, forward assist, magazine 1628
release and shell deflector; 1629
(4) "Detachable magazine" means an ammunition feeding device that 1630
can be removed without disassembling the firearm action; 1631
(5) "Firearm" means a firearm, as defined in section 53a-3, as amended 1632
by this act; 1633
(6) "Forward pistol grip" means any feature capable of functioning as 1634
a grip that can be held by the nontrigger hand; 1635
(7) "Lawfully possesses" means [, with] 1636
(A) With respect to an assault weapon described in any provision of 1637
subparagraphs (B) to (F), inclusive, of [this] subdivision (1) of this 1638
section, [(A)] (i) actual possession that is lawful under sections 53-202b 1639
to 53-202k, [(B)] (ii) constructive possession pursuant to a lawful 1640
purchase transacted prior to or on April 4, 2013, regardless of whether 1641
the assault weapon was delivered to the purchaser prior to or on April 1642
4, 2013, which lawful purchase is evidenced by a writing sufficient to 1643
indicate that [(i)] (I) a contract for sale was made between the parties 1644
prior to or on April 4, 2013, for the purchase of the assault weapon, or 1645
[(ii)] (II) full or partial payment for the assault weapon was made by the 1646
purchaser to the seller of the assault weapon prior to or on April 4, 2013, 1647
or [(C)] (iii) actual possession under subparagraph [(A)] (A)(i) of this 1648 Substitute Bill No. 6667
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subdivision, or constructive possession under subparagraph [(B)] (A)(ii) 1649
of this subdivision, as evidenced by a written statement made under 1650
penalty of false statement on such form as the Commissioner of 1651
Emergency Services and Public Protection prescribes; or 1652
(B) With respect to a 2023 assault weapon, (i) actual possession that 1653
is lawful under sections 53-202b to 53-202k, inclusive, (ii) constructive 1654
possession pursuant to a lawful purchase transacted prior to the 1655
effective date of this section, regardless of whether such assault weapon 1656
was delivered to the purchaser prior to the effective date of this section, 1657
which lawful purchase is evidenced by a writing sufficient to indicate 1658
that (I) a contract for sale was made between the parties prior to the 1659
effective date of this section, for the purchase of such assault weapon, or 1660
(II) full or partial payment for such assault weapon was made by the 1661
purchaser to the seller of such assault weapon prior to the effective date 1662
of this section, or (iii) actual possession under subparagraph (B)(i) of this 1663
subdivision, or constructive possession under subparagraph (B)(ii) of 1664
this subdivision, as evidenced by a written statement made under 1665
penalty of false statement on such form as the Commissioner of 1666
Emergency Services and Public Protection prescribes; 1667
(8) "Pistol grip" means a grip or similar feature that can function as a 1668
grip for the trigger hand; [and] 1669
(9) "Second hand grip" means a grip or similar feature that can 1670
function as a grip that is additional to the trigger hand grip; and 1671
(10) "2023 assault weapon" means an assault weapon described in any 1672
provision of subparagraphs (G) to (I), inclusive, of subdivision (1) of this 1673
section. 1674
Sec. 26. Section 53-202c of the general statutes is repealed and the 1675
following is substituted in lieu thereof (Effective from passage): 1676
(a) Except as provided in section 53-202e, any person who, within this 1677
state, possesses an assault weapon, except as provided in sections 53-1678
202a to 53-202k, inclusive, as amended by this act, and 53-202o, shall be 1679 Substitute Bill No. 6667
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guilty of a class D felony and shall be sentenced to a term of 1680
imprisonment of which one year may not be suspended or reduced by 1681
the court, except that a first-time violation of this subsection shall be a 1682
class A misdemeanor if (1) the person presents proof that such person 1683
lawfully possessed the assault weapon (A) prior to October 1, 1993, with 1684
respect to an assault weapon described in subparagraph (A) of 1685
subdivision (1) of section 53-202a, as amended by this act, or (B) on April 1686
4, 2013, under the provisions of sections 53-202a to 53-202k, inclusive, as 1687
amended by this act, in effect on January 1, 2013, with respect to an 1688
assault weapon described in any provision of subparagraphs (B) to (F), 1689
inclusive, of subdivision (1) of section 53-202a, as amended by this act, 1690
and (2) the person has otherwise possessed the assault weapon in 1691
compliance with subsection (f) of section 53-202d. 1692
(b) The provisions of subsection (a) of this section shall not apply to 1693
the possession of assault weapons by: (1) The Department of Emergency 1694
Services and Public Protection, police departments, the Department of 1695
Correction, the Division of Criminal Justice, the Department of Motor 1696
Vehicles, the Department of Energy and Environmental Protection or 1697
the military or naval forces of this state or of the United States, (2) a 1698
sworn and duly certified member of an organized police department, 1699
the Division of State Police within the Department of Emergency 1700
Services and Public Protection or the Department of Correction, a chief 1701
inspector or inspector in the Division of Criminal Justice, a salaried 1702
inspector of motor vehicles designated by the Commissioner of Motor 1703
Vehicles, a conservation officer or special conservation officer appointed 1704
by the Commissioner of Energy and Environmental Protection pursuant 1705
to section 26-5, or a constable who is certified by the Police Officer 1706
Standards and Training Council and appointed by the chief executive 1707
authority of a town, city or borough to perform criminal law 1708
enforcement duties, for use by such sworn member, inspector, officer or 1709
constable in the discharge of such sworn member's, inspector's, officer's 1710
or constable's official duties or when off duty, (3) a member of the 1711
military or naval forces of this state or of the United States, or (4) a 1712
nuclear facility licensed by the United States Nuclear Regulatory 1713 Substitute Bill No. 6667
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Commission for the purpose of providing security services at such 1714
facility, or any contractor or subcontractor of such facility for the 1715
purpose of providing security services at such facility. 1716
(c) The provisions of subsection (a) of this section shall not apply to 1717
the possession of an assault weapon described in subparagraph (A) of 1718
subdivision (1) of section 53-202a, as amended by this act, by any person 1719
prior to July 1, 1994, if all of the following are applicable: 1720
(1) The person is eligible under sections 53-202a to 53-202k, inclusive, 1721
as amended by this act, to apply for a certificate of possession for the 1722
assault weapon by July 1, 1994; 1723
(2) The person lawfully possessed the assault weapon prior to 1724
October 1, 1993; and 1725
(3) The person is otherwise in compliance with sections 53-202a to 53-1726
202k, inclusive, as amended by this act. 1727
(d) The provisions of subsection (a) of this section shall not apply to 1728
the possession of an assault weapon described in any provision of 1729
subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, 1730
as amended by this act, by any person prior to April 5, 2013, if all of the 1731
following are applicable: 1732
(1) The person is eligible under sections 53-202a to 53-202k, inclusive, 1733
as amended by this act, to apply for a certificate of possession for the 1734
assault weapon by January 1, 2014; 1735
(2) The person lawfully possessed the assault weapon on April 4, 1736
2013, under the provisions of sections 53-202a to 53-202k, inclusive, as 1737
amended by this act, in effect on January 1, 2013; and 1738
(3) The person is otherwise in compliance with sections 53-202a to 53-1739
202k, inclusive, as amended by this act. 1740
(e) The provisions of subsection (a) of this section shall not apply to 1741 Substitute Bill No. 6667
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the possession of a 2023 assault weapon by any person prior to January 1742
1, 2024, if all of the following are applicable: 1743
(1) The person is eligible under sections 53-202a to 53-202k, inclusive, 1744
as amended by this act, to apply for a certificate of possession for such 1745
assault weapon by January 1, 2024; 1746
(2) The person lawfully possessed such assault weapon on the date 1747
immediately preceding the effective date of this section, under the 1748
provisions of sections 53-202a to 53-202k, inclusive, as amended by this 1749
act, and section 53-202m of the general statutes, revision of 1958, revised 1750
to January 1, 2023; and 1751
(3) The person is otherwise in compliance with sections 53-202a to 53-1752
202k, inclusive, as amended by this act. 1753
[(e)] (f) The provisions of subsection (a) of this section shall not apply 1754
to a person who is the executor or administrator of an estate that 1755
includes an assault weapon, or the trustee of a trust that includes an 1756
assault weapon, for which a certificate of possession has been issued 1757
under section 53-202d, as amended by this act, if the assault weapon is 1758
possessed at a place set forth in subdivision (1) of subsection (f) of 1759
section 53-202d or as authorized by the Probate Court. 1760
[(f)] (g) The provisions of subsection (a) of this section shall not apply 1761
to the possession of a semiautomatic pistol that is defined as an assault 1762
weapon in any provision of subparagraphs (B) to (F), inclusive, of 1763
subdivision (1) of section 53-202a, as amended by this act, that the 1764
Commissioner of Emergency Services and Public Protection designates 1765
as being designed expressly for use in target shooting events at the 1766
Olympic games sponsored by the International Olympic Committee 1767
pursuant to regulations adopted under subdivision (4) of subsection (b) 1768
of section 53-202b that is (1) possessed and transported in accordance 1769
with subsection (f) of section 53-202d, or (2) possessed at or transported 1770
to or from a collegiate, Olympic or target pistol shooting competition in 1771
this state which is sponsored by, conducted under the auspices of, or 1772 Substitute Bill No. 6667
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approved by a law enforcement agency or a nationally or state 1773
recognized entity that fosters proficiency in, or promotes education 1774
about, firearms, provided such pistol is transported in the manner 1775
prescribed in subsection (a) of section 53-202f. 1776
Sec. 27. Subsections (a) and (b) of section 53-202d of the general 1777
statutes are repealed and the following is substituted in lieu thereof 1778
(Effective from passage): 1779
(a) (1) (A) Except as provided in subparagraph (B) of this subdivision, 1780
any person who lawfully possesses an assault weapon, as defined in 1781
subparagraph (A) of subdivision (1) of section 53-202a, as amended by 1782
this act, prior to October 1, 1993, shall apply by October 1, 1994, or, if 1783
such person is a member of the military or naval forces of this state or of 1784
the United States and is unable to apply by October 1, 1994, because such 1785
member is or was on official duty outside of this state, shall apply within 1786
ninety days of returning to the state to the Department of Emergency 1787
Services and Public Protection, for a certificate of possession with 1788
respect to such assault weapon. 1789
(B) No person who lawfully possesses an assault weapon pursuant to 1790
subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 1791
by this act, shall be required to obtain a certificate of possession 1792
pursuant to this subdivision with respect to an assault weapon used for 1793
official duties, except that any person described in subdivision (2) of 1794
subsection (b) of section 53-202c, as amended by this act, who purchases 1795
an assault weapon, as defined in subparagraph (A) of subdivision (1) of 1796
section 53-202a, as amended by this act, for use in the discharge of 1797
official duties who retires or is otherwise separated from service shall 1798
apply within ninety days of such retirement or separation from service 1799
to the Department of Emergency Services and Public Protection for a 1800
certificate of possession with respect to such assault weapon. 1801
(2) (A) Except as provided in subparagraph (B) of this subdivision, 1802
any person who lawfully possesses an assault weapon, as defined in any 1803
provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 1804 Substitute Bill No. 6667
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section 53-202a, as amended by this act, on April 4, 2013, under the 1805
provisions of sections 53-202a to 53-202k, inclusive, as amended by this 1806
act, in effect on January 1, 2013, or any person who regains possession 1807
of an assault weapon as defined in any provision of said subparagraphs 1808
pursuant to subsection (e) of section 53-202f, or any person who lawfully 1809
purchases a firearm on or after April 4, 2013, but prior to June 18, 2013, 1810
that meets the criteria set forth in subdivision (3) or (4) of subsection (a) 1811
of section 53-202a of the general statutes, revision of 1958, revised to 1812
January 1, 2013, shall apply by January 1, 2014, or, if such person is a 1813
member of the military or naval forces of this state or of the United 1814
States and is unable to apply by January 1, 2014, because such member 1815
is or was on official duty outside of this state, shall apply within ninety 1816
days of returning to the state to the Department of Emergency Services 1817
and Public Protection for a certificate of possession with respect to such 1818
assault weapon. Any person who lawfully purchases a semiautomatic 1819
pistol that is defined as an assault weapon in any provision of 1820
subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, 1821
as amended by this act, that the Commissioner of Emergency Services 1822
and Public Protection designates as being designed expressly for use in 1823
target shooting events at the Olympic games sponsored by the 1824
International Olympic Committee pursuant to regulations adopted 1825
under subdivision (4) of subsection (b) of section 53-202b shall apply 1826
within ninety days of such purchase to the Department of Emergency 1827
Services and Public Protection for a certificate of possession with respect 1828
to such assault weapon. 1829
(B) No person who lawfully possesses an assault weapon pursuant to 1830
subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 1831
by this act, shall be required to obtain a certificate of possession 1832
pursuant to this subdivision with respect to an assault weapon used for 1833
official duties, except that any person described in subdivision (2) of 1834
subsection (b) of section 53-202c, as amended by this act, who purchases 1835
an assault weapon, as defined in any provision of subparagraphs (B) to 1836
(F), inclusive, of subdivision (1) of section 53-202a, as amended by this 1837
act, for use in the discharge of official duties who retires or is otherwise 1838 Substitute Bill No. 6667
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separated from service shall apply within ninety days of such retirement 1839
or separation from service to the Department of Emergency Services and 1840
Public Protection for a certificate of possession with respect to such 1841
assault weapon. 1842
(3) Any person who obtained a certificate of possession for an assault 1843
weapon, as defined in subparagraph (A) of subdivision (1) of section 53-1844
202a, as amended by this act, prior to April 5, 2013, that is defined as an 1845
assault weapon pursuant to any provision of subparagraphs (B) to (F), 1846
inclusive, of subdivision (1) of section 53-202a, as amended by this act, 1847
shall be deemed to have obtained a certificate of possession for such 1848
assault weapon for the purposes of sections 53-202a to 53-202k, 1849
inclusive, as amended by this act, and shall not be required to obtain a 1850
subsequent certificate of possession for such assault weapon. 1851
(4) (A) Except as provided in subparagraph (B) of this subdivision, 1852
any person who lawfully possesses a 2023 assault weapon on the date 1853
immediately preceding the effective date of this section, under the 1854
provisions of sections 53-202a to 53-202k, inclusive, as amended by this 1855
act, in effect on January 1, 2023, or any person who regains possession 1856
of a 2023 assault weapon pursuant to subdivision (2) of subsection (e) of 1857
section 53-202f, as amended by this act, shall apply by January 1, 2024, 1858
or, if such person is a member of the military or naval forces of this state 1859
or of the United States and is unable to apply by January 1, 2024, because 1860
such member is or was on official duty outside of this state, shall apply 1861
within ninety days of returning to the state to the Department of 1862
Emergency Services and Public Protection for a certificate of possession 1863
with respect to such assault weapon. 1864
(B) No person who lawfully possesses an assault weapon pursuant to 1865
subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 1866
by this act, shall be required to obtain a certificate of possession 1867
pursuant to this subdivision with respect to an assault weapon used for 1868
official duties, except that any person described in subdivision (2) of 1869
subsection (b) of section 53-202c, as amended by this act, who purchases 1870
a 2023 assault weapon for use in the discharge of official duties who 1871 Substitute Bill No. 6667
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retires or is otherwise separated from service shall apply within ninety 1872
days of such retirement or separation from service to the Department of 1873
Emergency Services and Public Protection for a certificate of possession 1874
with respect to such assault weapon. 1875
(5) Any person who obtained a certificate of possession for an assault 1876
weapon, as defined in any provision of subparagraphs (A) to (F), 1877
inclusive, of subdivision (1) of section 53-202a, as amended by this act, 1878
prior to the effective date of this section, that is a 2023 assault weapon 1879
shall be deemed to have obtained a certificate of possession for such 1880
assault weapon for the purposes of sections 53-202a to 53-202k, 1881
inclusive, as amended by this act, and shall not be required to obtain a 1882
subsequent certificate of possession for such assault weapon. 1883
[(4)] (6) The certificate of possession shall contain a description of the 1884
firearm that identifies it uniquely, including all identification marks, the 1885
full name, address, date of birth and thumbprint of the owner, and any 1886
other information as the department may deem appropriate. 1887
[(5)] (7) The department shall adopt regulations, in accordance with 1888
the provisions of chapter 54, to establish procedures with respect to the 1889
application for and issuance of certificates of possession pursuant to this 1890
section. Notwithstanding the provisions of sections 1-210 and 1-211, the 1891
name and address of a person issued a certificate of possession shall be 1892
confidential and shall not be disclosed, except such records may be 1893
disclosed to (A) law enforcement agencies and employees of the United 1894
States Probation Office acting in the performance of their duties and 1895
parole officers within the Department of Correction acting in the 1896
performance of their duties, and (B) the Commissioner of Mental Health 1897
and Addiction Services to carry out the provisions of subsection (c) of 1898
section 17a-500. 1899
(b) (1) No assault weapon, as defined in subparagraph (A) of 1900
subdivision (1) of section 53-202a, as amended by this act, possessed 1901
pursuant to a certificate of possession issued under this section may be 1902
sold or transferred on or after January 1, 1994, to any person within this 1903 Substitute Bill No. 6667
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state other than to a licensed gun dealer, as defined in subsection (f) of 1904
section 53-202f, as amended by this act, or as provided in section 53-1905
202e, or by bequest or intestate succession, or, upon the death of a 1906
testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who 1907
is eligible to possess the assault weapon. 1908
(2) No assault weapon, as defined in any provision of subparagraphs 1909
(B) to (F), inclusive, of subdivision (1) of section 53-202a, as amended by 1910
this act, possessed pursuant to a certificate of possession issued under 1911
this section may be sold or transferred on or after April 5, 2013, to any 1912
person within this state other than to a licensed gun dealer, as defined 1913
in subsection (f) of section 53-202f, as amended by this act, or as 1914
provided in section 53-202e, or by bequest or intestate succession, or, 1915
upon the death of a testator or settlor: (A) To a trust, or (B) from a trust 1916
to a beneficiary who is eligible to possess the assault weapon. 1917
(3) No 2023 assault weapon possessed pursuant to a certificate of 1918
possession issued under this section may be sold or transferred on or 1919
after the effective date of this section, to any person within this state 1920
other than to a licensed gun dealer, or as provided in section 53-202e, or 1921
by bequest or intestate succession, or, upon the death of a testator or 1922
settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible 1923
to possess the assault weapon. 1924
Sec. 28. Subsection (b) of section 29-36n of the general statutes is 1925
repealed and the following is substituted in lieu thereof (Effective from 1926
passage): 1927
(b) The Commissioner of Emergency Services and Public Protection, 1928
in conjunction with the Chief State's Attorney and the Connecticut 1929
Police Chiefs Association, shall update the protocol developed pursuant 1930
to subsection (a) of this section to reflect the provisions of sections 29-1931
7h, 29-28, as amended by this act, 29-28a, 29-29, 29-30, 29-32 and 29-35, 1932
as amended by this act, subsections (b) and (h) of section 46b-15, 1933
subsections (c) and (d) of section 46b-38c and sections 53-202a, as 1934
amended by this act, 53-202l [, 53-202m] and 53a-217, as amended by 1935 Substitute Bill No. 6667
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this act, and shall include in such protocol specific instructions for the 1936
transfer, delivery or surrender of pistols and revolvers and other 1937
firearms and ammunition when the assistance of more than one law 1938
enforcement agency is necessary to effect the requirements of section 29-1939
36k. 1940
Sec. 29. Subsection (c) of section 53-202w of the general statutes is 1941
repealed and the following is substituted in lieu thereof (Effective October 1942
1, 2023): 1943
(c) Except as provided in this section and section 53-202x, as amended 1944
by this act, [: (1) Any person who possesses a large capacity magazine 1945
on or after January 1, 2014, that was obtained prior to April 5, 2013, shall 1946
commit an infraction and be fined not more than ninety dollars for a first 1947
offense and shall be guilty of a class D felony for any subsequent offense, 1948
and (2) any person who possesses a large capacity magazine on or after 1949
January 1, 2014, that was obtained on or after April 5, 2013, shall be 1950
guilty of a class D felony] any person who possesses a large capacity 1951
magazine shall be guilty of a class D felony. 1952
Sec. 30. Subsections (a) and (b) of section 29-37p of the general 1953
statutes are repealed and the following is substituted in lieu thereof 1954
(Effective October 1, 2023): 1955
(a) Any person who is [eighteen] twenty-one years of age or older 1956
may apply to the Commissioner of Emergency Services and Public 1957
Protection for a long gun eligibility certificate. 1958
(b) The Commissioner of Emergency Services and Public Protection 1959
shall issue a long gun eligibility certificate unless said commissioner 1960
finds that the applicant: (1) [Has] (A) For any application filed prior to 1961
July 1, 2024, has failed to successfully complete a course approved by 1962
the Commissioner of Emergency Services and Public Protection in the 1963
safety and use of firearms including, but not limited to, a safety or 1964
training course in the use of firearms available to the public offered by 1965
a law enforcement agency, a private or public educational institution or 1966 Substitute Bill No. 6667
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a firearms training school, utilizing instructors certified by the National 1967
Rifle Association or the Department of Energy and Environmental 1968
Protection and a safety or training course in the use of firearms 1969
conducted by an instructor certified by the state or the National Rifle 1970
Association, or (B) for any application filed on or after July 1, 2024, has 1971
failed to successfully complete, not later than one year following the 1972
submission of such application, a course approved by the Commissioner 1973
of Emergency Services and Public Protection in the safety and use of 1974
firearms conducted by an instructor certified by the National Rifle 1975
Association or by the state, provided any such course includes at least 1976
four hours of classroom training, including at least two hours of 1977
instruction on state laws on ownership and use of firearms, and two 1978
hours of live-fire training including training on pistols and revolvers; (2) 1979
has been convicted of (A) a felony, (B) a misdemeanor violation of 1980
section 21a-279 on or after October 1, 2015, [or] (C) a misdemeanor 1981
violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-1982
175, 53a-176, 53a-178 or 53a-181d during the preceding twenty years, or 1983
(D) a misdemeanor violation of any law of this state that has been 1984
designated as a family violence crime pursuant to section 46b-38h; (3) 1985
has been convicted as delinquent for the commission of a serious 1986
juvenile offense, as defined in section 46b-120; (4) has been discharged 1987
from custody within the preceding twenty years after having been 1988
found not guilty of a crime by reason of mental disease or defect 1989
pursuant to section 53a-13; (5) has been confined in a hospital for 1990
persons with psychiatric disabilities, as defined in section 17a-495, 1991
within the preceding sixty months by order of a probate court; (6) has 1992
been voluntarily admitted to a hospital for persons with psychiatric 1993
disabilities, as defined in section 17a-495, within the preceding six 1994
months for care and treatment of a psychiatric disability and not solely 1995
for being an alcohol-dependent person or a drug-dependent person as 1996
those terms are defined in section 17a-680; (7) is subject to a restraining 1997
or protective order issued by a court in a case involving the use, 1998
attempted use or threatened use of physical force against another 1999
person, including an ex parte order issued pursuant to section 46b-15 or 2000
46b-16a; (8) is subject to a firearms seizure order issued prior to June 1, 2001 Substitute Bill No. 6667
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2022, pursuant to section 29-38c after notice and hearing, or a risk 2002
protection order or risk protection investigation order issued on or after 2003
June 1, 2022, pursuant to section 29-38c; (9) is prohibited from shipping, 2004
transporting, possessing or receiving a firearm pursuant to [18 USC 2005
922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9); or (10) is an alien illegally or 2006
unlawfully in the United States. 2007
Sec. 31. Subsection (b) of section 29-28 of the general statutes is 2008
repealed and the following is substituted in lieu thereof (Effective October 2009
1, 2023): 2010
(b) Upon the application of any person having a bona fide permanent 2011
residence within the jurisdiction of any such authority, such chief of 2012
police or, where there is no chief of police, such chief executive officer 2013
or designated resident state trooper or state police officer, as applicable, 2014
may issue a temporary state permit to such person to carry a pistol or 2015
revolver within the state, provided such authority shall find that such 2016
applicant intends to make no use of any pistol or revolver which such 2017
applicant may be permitted to carry under such permit other than a 2018
lawful use and that such person is a suitable person to receive such 2019
permit. If the applicant has a bona fide permanent residence within the 2020
jurisdiction of any federally recognized Native American tribe within 2021
the borders of the state, and such tribe has a law enforcement unit, as 2022
defined in section 7-294a, the chief of police of such law enforcement 2023
unit may issue a temporary state permit to such person pursuant to the 2024
provisions of this subsection, and any chief of police of any other law 2025
enforcement unit having jurisdiction over an area containing such 2026
person's bona fide permanent residence shall not issue such temporary 2027
state permit if such tribal law enforcement unit accepts applications for 2028
temporary state permits. No state or temporary state permit to carry a 2029
pistol or revolver shall be issued under this subsection if the applicant: 2030
(1) (A) For any application filed prior to July 1, 2024, has failed to 2031
successfully complete a course approved by the Commissioner of 2032
Emergency Services and Public Protection in the safety and use of 2033
pistols and revolvers including, but not limited to, a safety or training 2034 Substitute Bill No. 6667
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course in the use of pistols and revolvers available to the public offered 2035
by a law enforcement agency, a private or public educational institution 2036
or a firearms training school, utilizing instructors certified by the 2037
National Rifle Association or the Department of Energy and 2038
Environmental Protection and a safety or training course in the use of 2039
pistols or revolvers conducted by an instructor certified by the state or 2040
the National Rifle Association, and (B) for any application filed on or 2041
after July 1, 2024, has failed to successfully complete, not later than one 2042
year following the submission of such application, a course approved 2043
by the Commissioner of Emergency Services and Public Protection in 2044
the safety and use of firearms conducted by an instructor certified by 2045
the National Rifle Association or by the state, provided any such course 2046
includes at least four hours of classroom training, including at least two 2047
hours of instruction on state laws on ownership and use of firearms, and 2048
two hours of live-fire training including training on pistols and 2049
revolvers. Any person wishing to provide such course, may apply in the 2050
form and manner prescribed by the commissioner. The commissioner 2051
shall approve or deny any application for provision of such a course not 2052
later than July 1, 2024, in the case of an application submitted before 2053
October 1, 2023; (2) has been convicted of (A) a felony, [or] (B) a 2054
misdemeanor violation of section 21a-279 on or after October 1, 2015, 2055
[or] (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-2056
62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the 2057
preceding twenty years, a misdemeanor violation of any law of this state 2058
that has been designated as a family violence crime pursuant to section 2059
46b-38h; (3) has been convicted as delinquent for the commission of a 2060
serious juvenile offense, as defined in section 46b-120; [,] (4) has been 2061
discharged from custody within the preceding twenty years after 2062
having been found not guilty of a crime by reason of mental disease or 2063
defect pursuant to section 53a-13; [,] (5) (A) has been confined in a 2064
hospital for persons with psychiatric disabilities, as defined in section 2065
17a-495, within the preceding sixty months by order of a probate court, 2066
or (B) has been voluntarily admitted on or after October 1, 2013, to a 2067
hospital for persons with psychiatric disabilities, as defined in section 2068
17a-495, within the preceding six months for care and treatment of a 2069 Substitute Bill No. 6667
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psychiatric disability and not solely for being an alcohol-dependent 2070
person or a drug-dependent person, as those terms are defined in 2071
section 17a-680; [,] (6) is subject to a restraining or protective order 2072
issued by a court in a case involving the use, attempted use or 2073
threatened use of physical force against another person, including an ex 2074
parte order issued pursuant to section 46b-15 or 46b-16a; [,] (7) is subject 2075
to a firearms seizure order issued prior to June 1, 2022, pursuant to 2076
section 29-38c after notice and hearing, or a risk protection order or risk 2077
protection investigation order issued on or after June 1, 2022, pursuant 2078
to section 29-38c; [,] (8) is prohibited from shipping, transporting, 2079
possessing or receiving a firearm pursuant to [18 USC 922(g)(4),] 18 USC 2080
922(g)(2), (g)(4) or (g)(9); (9) is an alien illegally or unlawfully in the 2081
United States; [,] or (10) is less than twenty-one years of age. Nothing in 2082
this section shall require any person who holds a valid permit to carry a 2083
pistol or revolver on [October 1, 1994] July 1, 2024, to participate in any 2084
additional training in the safety and use of pistols and revolvers. No 2085
person may apply for a temporary state permit to carry a pistol or 2086
revolver more than once within any twelve-month period, and no 2087
temporary state permit to carry a pistol or revolver shall be issued to 2088
any person who has applied for such permit more than once within the 2089
preceding twelve months. Any person who applies for a temporary state 2090
permit to carry a pistol or revolver shall indicate in writing on the 2091
application, under penalty of false statement in such manner as the 2092
issuing authority prescribes, that such person has not applied for a 2093
temporary state permit to carry a pistol or revolver within the past 2094
twelve months. Upon issuance of a temporary state permit to carry a 2095
pistol or revolver to the applicant, the local authority shall forward the 2096
original application to the commissioner. Not later than sixty days after 2097
receiving a temporary state permit, an applicant shall appear at a 2098
location designated by the commissioner to receive the state permit. The 2099
commissioner may then issue, to any holder of any temporary state 2100
permit, a state permit to carry a pistol or revolver within the state. Upon 2101
issuance of the state permit, the commissioner shall make available to 2102
the permit holder a copy of the law regarding the permit holder's 2103
responsibility to report the loss or theft of a firearm and the penalties 2104 Substitute Bill No. 6667
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associated with the failure to comply with such law. Upon issuance of 2105
the state permit, the commissioner shall forward a record of such permit 2106
to the local authority issuing the temporary state permit. The 2107
commissioner shall retain records of all applications, whether approved 2108
or denied. The copy of the state permit delivered to the permittee shall 2109
be laminated and shall contain a full-face photograph of such permittee. 2110
A person holding a state permit issued pursuant to this subsection shall 2111
notify the issuing authority within two business days of any change of 2112
such person's address. The notification shall include the old address and 2113
the new address of such person. 2114
Sec. 32. (NEW) (Effective January 1, 2024) (a) Except as provided in 2115
subsection (b) of this section, no person shall sell, deliver or otherwise 2116
transfer any semiautomatic pistol or revolver manufactured after 2117
January 1, 2024, unless such pistol or revolver (1) is equipped with a 2118
loaded chamber indicator, and (2) if the pistol or revolver accepts a 2119
detachable magazine, is equipped with a magazine disconnect lockout. 2120
(b) The provisions of this section shall not apply to (1) a federal, state 2121
or municipal law enforcement agency purchasing pistols or revolvers 2122
for use by officers in the performance of their law enforcement duties, 2123
(2) any firearm legally transferred under the provisions of section 29-2124
36k of the general statutes, or (3) as otherwise provided in subsection (f) 2125
or (g) of section 29-33 of the general statutes, as amended by this act. 2126
(c) For purposes of this section, "loaded chamber indicator" means a 2127
device that plainly indicates that a cartridge is in the firing chamber and 2128
"magazine disconnect lockout" means a mechanism that prevents a 2129
semiautomatic pistol that has a detachable magazine from operating to 2130
strike the primer of ammunition in the firing chamber when a 2131
detachable magazine is not inserted in the semiautomatic pistol. 2132
Sec. 33. Subsection (b) of section 29-36f of the general statutes is 2133
repealed and the following is substituted in lieu thereof (Effective October 2134
1, 2023): 2135 Substitute Bill No. 6667
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(b) The Commissioner of Emergency Services and Public Protection 2136
shall issue an eligibility certificate unless said commissioner finds that 2137
the applicant: (1) [Has] (A) For any application filed prior to July 1, 2024, 2138
has failed to successfully complete a course approved by the 2139
Commissioner of Emergency Services and Public Protection in the 2140
safety and use of pistols and revolvers including, but not limited to, a 2141
safety or training course in the use of pistols and revolvers available to 2142
the public offered by a law enforcement agency, a private or public 2143
educational institution or a firearms training school, utilizing instructors 2144
certified by the National Rifle Association or the Department of Energy 2145
and Environmental Protection and a safety or training course in the use 2146
of pistols or revolvers conducted by an instructor certified by the state 2147
or the National Rifle Association, or (B) for any application filed on or 2148
after July 1, 2024, has failed to successfully complete, not later than one 2149
year following the submission of such application, a course approved 2150
by the Commissioner of Emergency Services and Public Protection in 2151
the safety and use of firearms conducted by an instructor certified by 2152
the National Rifle Association or by the state, provided any such course 2153
includes at least four hours of classroom training, including at least two 2154
hours of instruction on state laws on ownership and use of firearms, and 2155
two hours of live-fire training including training on pistols and 2156
revolvers; (2) has been convicted of (A) a felony, (B) a misdemeanor 2157
violation of section 21a-279 on or after October 1, 2015, [or] (C) a 2158
misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 2159
53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the preceding 2160
twenty years, or (D) a misdemeanor violation of any law of this state 2161
that has been designated as a family violence crime pursuant to section 2162
46b-38h; (3) has been convicted as delinquent for the commission of a 2163
serious juvenile offense, as defined in section 46b-120 ; (4) has been 2164
discharged from custody within the preceding twenty years after 2165
having been found not guilty of a crime by reason of mental disease or 2166
defect pursuant to section 53a-13; (5) (A) has been confined in a hospital 2167
for persons with psychiatric disabilities, as defined in section 17a-495, 2168
within the preceding sixty months by order of a probate court; or (B) has 2169
been voluntarily admitted on or after October 1, 2013, to a hospital for 2170 Substitute Bill No. 6667
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persons with psychiatric disabilities, as defined in section 17a-495, 2171
within the preceding six months for care and treatment of a psychiatric 2172
disability and not solely for being an alcohol-dependent person or a 2173
drug-dependent person as those terms are defined in section 17a-680; 2174
(6) is subject to a restraining or protective order issued by a court in a 2175
case involving the use, attempted use or threatened use of physical force 2176
against another person, including an ex parte order issued pursuant to 2177
section 46b-15 or section 46b-16a; (7) is subject to a firearms seizure 2178
order issued prior to June 1, 2022, pursuant to section 29-38c after notice 2179
and hearing, or a risk protection order or risk protection investigation 2180
order issued on or after June 1, 2022, pursuant to section 29-38c; (8) is 2181
prohibited from shipping, transporting, possessing or receiving a 2182
firearm pursuant to [18 USC 922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9); 2183
or (9) is an alien illegally or unlawfully in the United States. 2184
Sec. 34. Section 53a-217 of the general statutes is repealed and the 2185
following is substituted in lieu thereof (Effective October 1, 2023): 2186
(a) A person is guilty of criminal possession of a firearm, ammunition 2187
or an electronic defense weapon when such person possesses a firearm, 2188
ammunition or an electronic defense weapon and (1) has been convicted 2189
of (A) a felony committed prior to, on or after October 1, 2013, (B) a 2190
misdemeanor violation of section 21a-279 on or after October 1, 2015, 2191
[or] (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-2192
62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on 2193
or after October 1, 2013, and during the preceding twenty years, or (D) 2194
a misdemeanor violation of any law of this state that has been 2195
designated as a family violence crime pursuant to section 46b-38h and 2196
was committed on or after October 1, 2023, (2) has been convicted as 2197
delinquent for the commission of a serious juvenile offense, as defined 2198
in section 46b-120, (3) has been discharged from custody within the 2199
preceding twenty years after having been found not guilty of a crime by 2200
reason of mental disease or defect pursuant to section 53a-13, (4) knows 2201
that such person is subject to (A) a restraining or protective order of a 2202
court of this state that has been issued against such person, after notice 2203 Substitute Bill No. 6667
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has been provided to such person, in a case involving the use, attempted 2204
use or threatened use of physical force against another person, or (B) a 2205
foreign order of protection, as defined in section 46b-15a, that has been 2206
issued against such person in a case involving the use, attempted use or 2207
threatened use of physical force against another person, (5) (A) has been 2208
confined on or after October 1, 2013, in a hospital for persons with 2209
psychiatric disabilities, as defined in section 17a-495, within the 2210
preceding sixty months by order of a probate court, or with respect to 2211
any person who holds a valid permit or certificate that was issued or 2212
renewed under the provisions of section 29-28, as amended by this act, 2213
or 29-36f, as amended by this act, in effect prior to October 1, 2013, such 2214
person has been confined in such hospital within the preceding twelve 2215
months, or (B) has been voluntarily admitted on or after October 1, 2013, 2216
to a hospital for persons with psychiatric disabilities, as defined in 2217
section 17a-495, within the preceding six months for care and treatment 2218
of a psychiatric disability, unless the person (i) was voluntarily admitted 2219
solely for being an alcohol-dependent person or a drug-dependent 2220
person as those terms are defined in section 17a-680, or (ii) is a police 2221
officer who was voluntarily admitted and had his or her firearm, 2222
ammunition or electronic defense weapon used in the performance of 2223
the police officer's official duties returned in accordance with section 7-2224
291d, (6) knows that such person is subject to a firearms seizure order 2225
issued prior to June 1, 2022, pursuant to section 29-38c after notice and 2226
an opportunity to be heard has been provided to such person, or a risk 2227
protection order or risk protection investigation order issued on or after 2228
June 1, 2022, pursuant to section 29-38c, or (7) is prohibited from 2229
shipping, transporting, possessing or receiving a firearm pursuant to [18 2230
USC 922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9). For the purposes of this 2231
section, "convicted" means having a judgment of conviction entered by 2232
a court of competent jurisdiction, "ammunition" means a loaded 2233
cartridge, consisting of a primed case, propellant or projectile, designed 2234
for use in any firearm, and a motor vehicle violation for which a 2235
sentence to a term of imprisonment of more than one year may be 2236
imposed shall be deemed an unclassified felony. 2237 Substitute Bill No. 6667
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(b) Criminal possession of a firearm, ammunition or an electronic 2238
defense weapon is a class C felony, for which two years and one day of 2239
the sentence imposed may not be suspended or reduced by the court, 2240
and five thousand dollars of the fine imposed may not be remitted or 2241
reduced by the court unless the court states on the record its reasons for 2242
remitting or reducing such fine. 2243
Sec. 35. Section 53a-217c of the general statutes is repealed and the 2244
following is substituted in lieu thereof (Effective October 1, 2023): 2245
(a) A person is guilty of criminal possession of a pistol or revolver 2246
when such person possesses a pistol or revolver, as defined in section 2247
29-27, and (1) has been convicted of (A) a felony committed prior to, on 2248
or after October 1, 2013, (B) a misdemeanor violation of section 21a-279 2249
committed on or after October 1, 2015, [or] (C) a misdemeanor violation 2250
of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-2251
176, 53a-178 or 53a-181d committed during the preceding twenty years, 2252
or (D) a misdemeanor violation of any law of this state that has been 2253
designated as a family violence crime pursuant to section 46b-38h and 2254
was committed on or after October 1, 2023, (2) has been convicted as 2255
delinquent for the commission of a serious juvenile offense, as defined 2256
in section 46b-120, (3) has been discharged from custody within the 2257
preceding twenty years after having been found not guilty of a crime by 2258
reason of mental disease or defect pursuant to section 53a-13, (4) (A) has 2259
been confined prior to October 1, 2013, in a hospital for persons with 2260
psychiatric disabilities, as defined in section 17a-495, within the 2261
preceding twelve months by order of a probate court, or has been 2262
confined on or after October 1, 2013, in a hospital for persons with 2263
psychiatric disabilities, as defined in section 17a-495, within the 2264
preceding sixty months by order of a probate court, or, with respect to 2265
any person who holds a valid permit or certificate that was issued or 2266
renewed under the provisions of section 29-28, as amended by this act, 2267
or 29-36f, as amended by this act, in effect prior to October 1, 2013, such 2268
person has been confined in such hospital within the preceding twelve 2269
months, or (B) has been voluntarily admitted on or after October 1, 2013, 2270 Substitute Bill No. 6667
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to a hospital for persons with psychiatric disabilities, as defined in 2271
section 17a-495, within the preceding six months for care and treatment 2272
of a psychiatric disability, unless the person (i) was voluntarily admitted 2273
solely for being an alcohol-dependent person or a drug-dependent 2274
person as those terms are defined in section 17a-680, or (ii) is a police 2275
officer who was voluntarily admitted and had his or her firearm, 2276
ammunition or electronic defense weapon used in the performance of 2277
the police officer's official duties returned in accordance with section 7-2278
291d, (5) knows that such person is subject to (A) a restraining or 2279
protective order of a court of this state that has been issued against such 2280
person, after notice has been provided to such person, in a case 2281
involving the use, attempted use or threatened use of physical force 2282
against another person, or (B) a foreign order of protection, as defined 2283
in section 46b-15a, that has been issued against such person in a case 2284
involving the use, attempted use or threatened use of physical force 2285
against another person, (6) knows that such person is subject to a 2286
firearms seizure order issued prior to June 1, 2022, pursuant to section 2287
29-38c after notice and an opportunity to be heard has been provided to 2288
such person, or a risk protection order or risk protection investigation 2289
order issued on or after June 1, 2022, pursuant to section 29-38c, (7) is 2290
prohibited from shipping, transporting, possessing or receiving a 2291
firearm pursuant to [18 USC 922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9), 2292
or (8) is an alien illegally or unlawfully in the United States. For the 2293
purposes of this section, "convicted" means having a judgment of 2294
conviction entered by a court of competent jurisdiction. 2295
(b) Criminal possession of a pistol or revolver is a class C felony, for 2296
which two years of the sentence imposed may not be suspended or 2297
reduced by the court, and five thousand dollars of the fine imposed may 2298
not be remitted or reduced by the court unless the court states on the 2299
record its reasons for remitting or reducing such fine. 2300
Sec. 36. Subsection (a) of section 29-37b of the general statutes is 2301
repealed and the following is substituted in lieu thereof (Effective October 2302
1, 2023): 2303 Substitute Bill No. 6667
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(a) Each person, firm or corporation which engages in the retail sale 2304
of any [pistol or revolver] firearm, at the time of sale of any such [pistol 2305
or revolver] firearm, shall (1) equip such [pistol or revolver] firearm 2306
with a reusable trigger lock, gun lock or gun locking device appropriate 2307
for such firearm, which lock or device shall be constructed of material 2308
sufficiently strong to prevent it from being easily disabled and have a 2309
locking mechanism accessible by key or by electronic or other 2310
mechanical accessory specific to such lock or device to prevent 2311
unauthorized removal, and (2) provide to the purchaser thereof a 2312
written warning which shall state in block letters not less than one inch 2313
in height: "UNLAWFUL STORAGE OF A LOADED FIREARM MAY 2314
RESULT IN IMPRISONMENT OR FINE." 2315
Sec. 37. Subsection (a) of section 53-205 of the general statutes is 2316
repealed and the following is substituted in lieu thereof (Effective July 1, 2317
2023): 2318
(a) No person shall carry or possess in any vehicle or snowmobile any 2319
[shotgun, rifle or muzzleloader of any gauge or caliber] firearm, other 2320
than a pistol or revolver, while such [shotgun, rifle or muzzleloader] 2321
firearm contains in the barrel, chamber or magazine any loaded shell or, 2322
if such firearm is a muzzleloader, any cartridge capable of being 2323
discharged or, if such firearm is a flintlock, when such muzzleloader has 2324
a percussion cap in place or when the powder pan of a flintlock contains 2325
powder. As used in this subsection, "muzzleloader" means a rifle or 2326
shotgun that is incapable of firing a self-contained cartridge and must 2327
be loaded at the muzzle end. 2328
Sec. 38. Section 53-341b of the general statutes is repealed and the 2329
following is substituted in lieu thereof (Effective October 1, 2023): 2330
(a) No person, firm or corporation shall sell or deliver body armor to 2331
another person unless the transferee (1) meets in person with the 2332
transferor to accomplish the sale or delivery, and (2) possesses a permit 2333
or certificate issued under the provisions of section 29-28, as amended 2334
by this act, 29-36f, 29-37p, as amended by this act, or 29-38n. 2335 Substitute Bill No. 6667
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(b) The provisions of subsection (a) of this section shall not apply to 2336
the sale or delivery of body armor to (1) a sworn member or authorized 2337
official of an organized local police department, the Division of State 2338
Police within the Department of Emergency Services and Public 2339
Protection, the Division of Criminal Justice, the Department of 2340
Correction, the Board of Pardons and Paroles or the Department of 2341
Motor Vehicles, (2) an authorized official of a municipality or the 2342
Department of Administrative Services that purchases body armor on 2343
behalf of an organized local police department, the Division of State 2344
Police within the Department of Emergency Services and Public 2345
Protection, the Division of Criminal Justice, the Department of 2346
Correction, the Board of Pardons and Paroles or the Department of 2347
Motor Vehicles, (3) a judicial marshal or probation officer or an 2348
authorized official of the Judicial Branch who purchases body armor on 2349
behalf of a probation officer or a judicial marshal, or (4) a member of the 2350
National Guard or the armed forces reserve. 2351
(c) As used in this section, "body armor" means any [material] item 2352
designed to provide bullet penetration resistance and to be worn on or 2353
under clothing on the body, [and to provide bullet penetration 2354
resistance] like a vest or other article of clothing, or any plate designed 2355
to provide bullet penetration resistance when inserted into such an item. 2356
(d) Any person, firm or corporation that violates the provisions of this 2357
section shall be guilty of a class B misdemeanor. 2358
Sec. 39. Section 53a-3 of the general statutes is repealed and the 2359
following is substituted in lieu thereof (Effective October 1, 2023): 2360
Except where different meanings are expressly specified, the 2361
following terms have the following meanings when used in this title: 2362
(1) "Person" means a human being, and, where appropriate, a public 2363
or private corporation, a limited liability company, an unincorporated 2364
association, a partnership, a government or a governmental 2365
instrumentality; 2366 Substitute Bill No. 6667
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(2) "Possess" means to have physical possession or otherwise to 2367
exercise dominion or control over tangible property; 2368
(3) "Physical injury" means impairment of physical condition or pain; 2369
(4) "Serious physical injury" means physical injury which creates a 2370
substantial risk of death, or which causes serious disfigurement, serious 2371
impairment of health or serious loss or impairment of the function of 2372
any bodily organ; 2373
(5) "Deadly physical force" means physical force which can be 2374
reasonably expected to cause death or serious physical injury; 2375
(6) "Deadly weapon" means any weapon, whether loaded or 2376
unloaded, from which a shot may be discharged, or a switchblade knife, 2377
gravity knife, billy, blackjack, bludgeon, or metal knuckles. The 2378
definition of "deadly weapon" in this subdivision shall be deemed not 2379
to apply to section 29-38 or 53-206; 2380
(7) "Dangerous instrument" means any instrument, article or 2381
substance which, under the circumstances in which it is used or 2382
attempted or threatened to be used, is capable of causing death or 2383
serious physical injury, and includes a "vehicle" as that term is defined 2384
in this section and includes a dog that has been commanded to attack, 2385
except a dog owned by a law enforcement agency of the state or any 2386
political subdivision thereof or of the federal government when such 2387
dog is in the performance of its duties under the direct supervision, care 2388
and control of an assigned law enforcement officer; 2389
(8) "Vehicle" means a "motor vehicle" as defined in section 14-1, a 2390
snowmobile, any aircraft, or any vessel equipped for propulsion by 2391
mechanical means or sail; 2392
(9) "Peace officer" means a member of the Division of State Police 2393
within the Department of Emergency Services and Public Protection or 2394
an organized local police department, a chief inspector or inspector in 2395
the Division of Criminal Justice, a state marshal while exercising 2396 Substitute Bill No. 6667
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authority granted under any provision of the general statutes, a judicial 2397
marshal in the performance of the duties of a judicial marshal, a 2398
conservation officer or special conservation officer, as defined in section 2399
26-5, a constable who performs criminal law enforcement duties, a 2400
special policeman appointed under section 29-18, 29-18a, 29-18b or 29-2401
19, an adult probation officer, an official of the Department of Correction 2402
authorized by the Commissioner of Correction to make arrests in a 2403
correctional institution or facility, any investigator in the investigations 2404
unit of the office of the State Treasurer, an inspector of motor vehicles in 2405
the Department of Motor Vehicles, who is certified under the provisions 2406
of sections 7-294a to 7-294e, inclusive, a United States marshal or deputy 2407
marshal, any special agent of the federal government authorized to 2408
enforce the provisions of Title 21 of the United States Code, or a member 2409
of a law enforcement unit of the Mashantucket Pequot Tribe or the 2410
Mohegan Tribe of Indians of Connecticut created and governed by a 2411
memorandum of agreement under section 47-65c who is certified as a 2412
police officer by the Police Officer Standards and Training Council 2413
pursuant to sections 7-294a to 7-294e, inclusive; 2414
(10) "Firefighter" means any agent of a municipality whose duty it is 2415
to protect life and property therein as a member of a duly constituted 2416
fire department whether professional or volunteer; 2417
(11) A person acts "intentionally" with respect to a result or to conduct 2418
described by a statute defining an offense when his conscious objective 2419
is to cause such result or to engage in such conduct; 2420
(12) A person acts "knowingly" with respect to conduct or to a 2421
circumstance described by a statute defining an offense when he is 2422
aware that his conduct is of such nature or that such circumstance exists; 2423
(13) A person acts "recklessly" with respect to a result or to a 2424
circumstance described by a statute defining an offense when he is 2425
aware of and consciously disregards a substantial and unjustifiable risk 2426
that such result will occur or that such circumstance exists. The risk 2427
must be of such nature and degree that disregarding it constitutes a 2428 Substitute Bill No. 6667
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gross deviation from the standard of conduct that a reasonable person 2429
would observe in the situation; 2430
(14) A person acts with "criminal negligence" with respect to a result 2431
or to a circumstance described by a statute defining an offense when he 2432
fails to perceive a substantial and unjustifiable risk that such result will 2433
occur or that such circumstance exists. The risk must be of such nature 2434
and degree that the failure to perceive it constitutes a gross deviation 2435
from the standard of care that a reasonable person would observe in the 2436
situation; 2437
(15) "Machine gun" means a weapon of any description, irrespective 2438
of size, by whatever name known, loaded or unloaded, from which a 2439
number of shots or bullets may be rapidly or automatically discharged 2440
from a magazine with one continuous pull of the trigger and includes a 2441
submachine gun; 2442
(16) "Rifle" means a weapon designed or redesigned, made or 2443
remade, and intended to be fired from the shoulder and designed or 2444
redesigned and made or remade to use the energy of the explosive in a 2445
fixed metallic cartridge to fire only a single projectile through a rifled 2446
bore for each single pull of the trigger; 2447
(17) "Shotgun" means a weapon designed or redesigned, made or 2448
remade, and intended to be fired from the shoulder and designed or 2449
redesigned and made or remade to use the energy of the explosive in a 2450
fixed shotgun shell to fire through a smooth bore either a number of ball 2451
shot or a single projectile for each single pull of the trigger; 2452
(18) "Pistol" or "revolver" means any firearm having a barrel less than 2453
twelve inches; 2454
(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, 2455
shotgun, pistol, revolver or other weapon, whether loaded or unloaded 2456
from which a shot may be discharged; 2457
(20) "Electronic defense weapon" means a weapon which by 2458 Substitute Bill No. 6667
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electronic impulse or current is capable of immobilizing a person 2459
temporarily, including a stun gun or other conductive energy device; 2460
(21) "Martial arts weapon" means a nunchaku, kama, kasari-fundo, 2461
octagon sai, tonfa or chinese star; 2462
(22) "Employee of an emergency medical service organization" means 2463
an ambulance driver, emergency medical technician or paramedic as 2464
defined in section 19a-175; 2465
(23) "Railroad property" means all tangible property owned, leased 2466
or operated by a railroad carrier including, but not limited to, a right-of-2467
way, track, roadbed, bridge, yard, shop, station, tunnel, viaduct, trestle, 2468
depot, warehouse, terminal or any other structure or appurtenance or 2469
equipment owned, leased or used in the operation of a railroad carrier 2470
including a train, locomotive, engine, railroad car, signals or safety 2471
device or work equipment or rolling stock; 2472
(24) "Serious firearm offense" means a violation of section 29-36, 29-2473
36a, as amended by this act, or 53-202w, as amended by this act, 2474
possession of a stolen firearm or a firearm that is altered in a manner 2475
that renders the firearm unlawful; and 2476
(25) "Serious firearm offender" means a person who stands (A) twice 2477
convicted of a serious firearm offense, (B) convicted of a serious firearm 2478
offense and was previously convicted of a violation of section 29-36, 29-2479
36a, as amended by this act, subdivision (1) of subsection (a) of section 2480
53a-217, as amended by this act, or subdivision (1) of subsection (a) of 2481
section 53a-217c, as amended by this act, or (C) convicted of a serious 2482
firearm offense and was previously convicted of two or more additional 2483
felony offenses. 2484
Sec. 40. Section 53a-32 of the general statutes is repealed and the 2485
following is substituted in lieu thereof (Effective October 1, 2023): 2486
(a) At any time during the period of probation or conditional 2487
discharge, the court or any judge thereof may issue a warrant for the 2488 Substitute Bill No. 6667
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arrest of a defendant for violation of any of the conditions of probation 2489
or conditional discharge, or may issue a notice to appear to answer to a 2490
charge of such violation, which notice shall be personally served upon 2491
the defendant. Whenever a probation officer has probable cause to 2492
believe that a person on probation who is a serious firearm offender has 2493
violated a condition of probation, or knows that a person on probation 2494
for a felony conviction has been arrested for the commission of a serious 2495
firearm offense, such probation officer shall apply to the court or any 2496
judge thereof for a warrant for the arrest of such person for violation of 2497
a condition or conditions of probation or conditional discharge. Any 2498
such warrant shall authorize all officers named therein to return the 2499
defendant to the custody of the court or to any suitable detention facility 2500
designated by the court. Whenever a probation officer has probable 2501
cause to believe that a person has violated a condition of such person's 2502
probation, such probation officer (1) may notify any police officer that 2503
such person has, in such officer's judgment, violated the conditions of 2504
such person's probation, and [such] (2) shall notify such police officer if 2505
such person is a serious firearm offender or is on probation for a felony 2506
conviction and has been arrested for the commission of a serious firearm 2507
offense. Such notice shall be sufficient warrant for the police officer to 2508
arrest such person and return such person to the custody of the court or 2509
to any suitable detention facility designated by the court. Whenever a 2510
probation officer so notifies a police officer, the probation officer shall 2511
notify the victim of the offense for which such person is on probation, 2512
and any victim advocate assigned to assist the victim, provided the 2513
probation officer has been provided with the name and contact 2514
information for such victim or victim advocate. Any probation officer 2515
may arrest any defendant on probation without a warrant or may 2516
deputize any other officer with power to arrest to do so by giving such 2517
other officer a written statement setting forth that the defendant has, in 2518
the judgment of the probation officer, violated the conditions of the 2519
defendant's probation. Such written statement, delivered with the 2520
defendant by the arresting officer to the official in charge of any 2521
correctional center or other place of detention, shall be sufficient 2522
warrant for the detention of the defendant. After making such an arrest, 2523 Substitute Bill No. 6667
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such probation officer shall present to the detaining authorities a similar 2524
statement of the circumstances of violation. [Provisions] Except as 2525
provided in subsection (e) of this section, provisions regarding release 2526
on bail of persons charged with a crime shall be applicable to any 2527
defendant arrested under the provisions of this section. Upon such 2528
arrest and detention, the probation officer shall immediately so notify 2529
the court or any judge thereof. 2530
(b) When the defendant is presented for arraignment on the charge 2531
of violation of any of the conditions of probation or conditional 2532
discharge, the court shall review any conditions previously imposed on 2533
the defendant and may order, as a condition of the pretrial release of the 2534
defendant, that the defendant comply with any or all of such conditions 2535
in addition to any conditions imposed pursuant to section 54-64a, as 2536
amended by this act. Unless the court, pursuant to subsection (c) of 2537
section 54-64a, as amended by this act, orders that the defendant remain 2538
under the supervision of a probation officer or other designated person 2539
or organization, the defendant shall be supervised by the Court Support 2540
Services Division of the Judicial Branch in accordance with subsection 2541
(a) of section 54-63b. 2542
(c) Upon notification by the probation officer of the arrest of the 2543
defendant or upon an arrest by warrant as herein provided, the court 2544
shall cause the defendant to be brought before it without unnecessary 2545
delay for a hearing on the violation charges. At such hearing the 2546
defendant shall be informed of the manner in which such defendant is 2547
alleged to have violated the conditions of such defendant's probation or 2548
conditional discharge, shall be advised by the court that such defendant 2549
has the right to retain counsel and, if indigent, shall be entitled to the 2550
services of the public defender, and shall have the right to cross-examine 2551
witnesses and to present evidence in such defendant's own behalf. 2552
Unless good cause is shown, a charge of violation of any of the 2553
conditions of probation or conditional discharge shall be disposed of or 2554
scheduled for a hearing not later than one hundred twenty days after 2555
the defendant is arraigned on such charge, except, if the defendant is a 2556 Substitute Bill No. 6667
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serious firearm offender, or is on probation for a felony conviction and 2557
has been arrested for the commission of a serious firearm offense, such 2558
charge shall be disposed of or scheduled for a hearing not later than 2559
sixty days after the defendant is arraigned on such charge. 2560
(d) If such violation is established and the violation consisted of the 2561
commission of a serious firearm offense or the defendant is a serious 2562
firearm offender, the court shall revoke the sentence of probation or 2563
conditional discharge, otherwise, the court may: (1) Continue the 2564
sentence of probation or conditional discharge; (2) modify or enlarge the 2565
conditions of probation or conditional discharge; (3) extend the period 2566
of probation or conditional discharge, provided the original period with 2567
any extensions shall not exceed the periods authorized by section 2568
53a-29; or (4) revoke the sentence of probation or conditional discharge. 2569
If such sentence is revoked, the court shall require the defendant to serve 2570
the sentence imposed or impose any lesser sentence. Any such lesser 2571
sentence may include a term of imprisonment, all or a portion of which 2572
may be suspended entirely or after a period set by the court, followed 2573
by a period of probation with such conditions as the court may establish. 2574
No such revocation shall be ordered, except upon consideration of the 2575
whole record and unless such violation is established by the 2576
introduction of reliable and probative evidence and by a preponderance 2577
of the evidence. 2578
(e) Provisions regarding release on bail of any serious firearm 2579
offender arrested pursuant to this section who is charged with a crime, 2580
or any felony offender arrested pursuant to this section for a serious 2581
firearm offense, shall be applicable to such serious firearm offender 2582
provided that, for the purpose of applying such provisions, there shall 2583
be a rebuttable presumption that such serious firearm offender poses a 2584
danger to the safety of other persons. 2585
Sec. 41. Section 54-64a of the general statutes is repealed and the 2586
following is substituted in lieu thereof (Effective October 1, 2023): 2587
(a) (1) Except as provided in subdivision (2) of this subsection and 2588 Substitute Bill No. 6667
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subsection (b) or (c) of this section, when any arrested person is 2589
presented before the Superior Court, said court shall, in bailable 2590
offenses, promptly order the release of such person upon the first of the 2591
following conditions of release found sufficient to reasonably ensure the 2592
appearance of the arrested person in court: (A) Upon execution of a 2593
written promise to appear without special conditions, (B) upon 2594
execution of a written promise to appear with nonfinancial conditions, 2595
(C) upon execution of a bond without surety in no greater amount than 2596
necessary, or (D) upon execution of a bond with surety in no greater 2597
amount than necessary, but in no event shall a judge prohibit a bond 2598
from being posted by surety. In addition to or in conjunction with any 2599
of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 2600
this subdivision the court may, when it has reason to believe that the 2601
person is drug-dependent and where necessary, reasonable and 2602
appropriate, order the person to submit to a urinalysis drug test and to 2603
participate in a program of periodic drug testing and treatment. The 2604
results of any such drug test shall not be admissible in any criminal 2605
proceeding concerning such person. 2606
(2) If the arrested person is charged with no offense other than a 2607
misdemeanor, the court shall not impose financial conditions of release 2608
on the person unless (A) the person is charged with a family violence 2609
crime, as defined in section 46b-38a, or (B) the person requests such 2610
financial conditions, or (C) the court makes a finding on the record that 2611
there is a likely risk that (i) the arrested person will fail to appear in 2612
court, as required, or (ii) the arrested person will obstruct or attempt to 2613
obstruct justice, or threaten, injure or intimidate or attempt to threaten, 2614
injure or intimidate a prospective witness or juror, or (iii) the arrested 2615
person will engage in conduct that threatens the safety of himself or 2616
herself or another person. In making a finding described in this 2617
subsection, the court may consider past criminal history, including any 2618
prior record of failing to appear as required in court that resulted in any 2619
conviction for a violation of section 53a-172 or any conviction during the 2620
previous ten years for a violation of section 53a-173 and any other 2621
pending criminal cases of the person charged with a misdemeanor. 2622 Substitute Bill No. 6667
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(3) The court may, in determining what conditions of release will 2623
reasonably ensure the appearance of the arrested person in court, 2624
consider the following factors: (A) The nature and circumstances of the 2625
offense, (B) such person's record of previous convictions, (C) such 2626
person's past record of appearance in court, (D) such person's family 2627
ties, (E) such person's employment record, (F) such person's financial 2628
resources, character and mental condition, (G) such person's community 2629
ties, and (H) in the case of a violation of section 53a-222a, as amended 2630
by this act, when the condition of release was issued for a family 2631
violence crime, as defined in section 46b-38a, the heightened risk posed 2632
to victims of family violence by violations of conditions of release. 2633
(b) (1) [When] Except as provided in subsection (c) of this section, any 2634
arrested person charged with the commission of a class A felony, a class 2635
B felony, except a violation of section 53a-86 or 53a-122, a class C felony, 2636
except a violation of section 53a-87, 53a-152 or 53a-153, or a class D 2637
felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-2638
95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence 2639
crime, as defined in section 46b-38a, is presented before the Superior 2640
Court, said court shall, in bailable offenses, promptly order the release 2641
of such person upon the first of the following conditions of release found 2642
sufficient to reasonably ensure the appearance of the arrested person in 2643
court and that the safety of any other person will not be endangered: (A) 2644
Upon such person's execution of a written promise to appear without 2645
special conditions, (B) upon such person's execution of a written 2646
promise to appear with nonfinancial conditions, (C) upon such person's 2647
execution of a bond without surety in no greater amount than necessary, 2648
or (D) upon such person's execution of a bond with surety in no greater 2649
amount than necessary, but in no event shall a judge prohibit a bond 2650
from being posted by surety. In addition to or in conjunction with any 2651
of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 2652
this subdivision, the court may, when it has reason to believe that the 2653
person is drug-dependent and where necessary, reasonable and 2654
appropriate, order the person to submit to a urinalysis drug test and to 2655
participate in a program of periodic drug testing and treatment. The 2656 Substitute Bill No. 6667
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results of any such drug test shall not be admissible in any criminal 2657
proceeding concerning such person. 2658
(2) The court may, in determining what conditions of release will 2659
reasonably ensure the appearance of the arrested person in court and 2660
that the safety of any other person will not be endangered, consider the 2661
following factors: (A) The nature and circumstances of the offense, (B) 2662
such person's record of previous convictions, (C) such person's past 2663
record of appearance in court after being admitted to bail, (D) such 2664
person's family ties, (E) such person's employment record, (F) such 2665
person's financial resources, character and mental condition, (G) such 2666
person's community ties, (H) the number and seriousness of charges 2667
pending against the arrested person, (I) the weight of the evidence 2668
against the arrested person, (J) the arrested person's history of violence, 2669
(K) whether the arrested person has previously been convicted of 2670
similar offenses while released on bond, (L) the likelihood based upon 2671
the expressed intention of the arrested person that such person will 2672
commit another crime while released, and (M) the heightened risk 2673
posed to victims of family violence by violations of conditions of release 2674
and court orders of protection. 2675
(3) When imposing conditions of release under this subsection, the 2676
court shall state for the record any factors under subdivision (2) of this 2677
subsection that it considered and the findings that it made as to the 2678
danger, if any, that the arrested person might pose to the safety of any 2679
other person upon the arrested person's release that caused the court to 2680
impose the specific conditions of release that it imposed. 2681
(c) (1) When any arrested person charged with the commission of a 2682
serious firearm offense, as defined in section 53a-3, as amended by this 2683
act, is (A) a serious firearm offender, (B) has two previous convictions 2684
for a violation of section 29-35, as amended by this act, 29-36, 29-36a, as 2685
amended by this act, 53-202, 53-202a, as amended by this act, 53-202b, 2686
53-202c, 53-202w, as amended by this act, 53-202aa, 53-206i, 53a-54a, 2687
53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-59, 53a-2688
60, 53a-60a, 53a-134, 53a-212, 53a-216, 53a-217, as amended by this act, 2689 Substitute Bill No. 6667
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53a-217b or 53a-217c, as amended by this act, or (C) two or more 2690
convictions during the five-year period immediately prior to the current 2691
arrest for a violation of section 21a-277, 21a-278, 53a-122 or 53a-123, is 2692
presented before the Superior Court, the court shall, in bailable offenses, 2693
promptly order the release of such person after establishing a bond 2694
amount found sufficient to reasonably ensure the appearance of the 2695
arrested person in court, and that the safety of any other person will not 2696
be endangered and upon such person's execution of a bond with or 2697
without surety in no greater amount than necessary. The prosecutorial 2698
official shall petition for the arrested person to deposit at least thirty per 2699
cent of the bond amount directly with the court, and there shall be a 2700
rebuttable presumption that the safety of other persons will be 2701
endangered without the granting of such petition. Additionally, the 2702
court may, when it has reason to believe that the person is drug-2703
dependent and where necessary, reasonable and appropriate, order the 2704
person to submit to a urinalysis drug test and to participate in a program 2705
of periodic drug testing and treatment. The results of any such drug test 2706
shall not be admissible in any criminal proceeding concerning such 2707
person. 2708
(2) When any arrested person charged with the commission of a 2709
serious firearm offense, as defined in section 53a-3, as amended by this 2710
act, other than a person described in subdivision (1) of this subsection, 2711
is presented before the Superior Court, the court shall, in bailable 2712
offenses, promptly order the release of such person upon the first of the 2713
following conditions of release found sufficient to reasonably ensure the 2714
appearance of the arrested person in court and that the safety of any 2715
other person will not be endangered: (A) Upon such person's execution 2716
of a written promise to appear without special conditions, (B) upon such 2717
person's execution of a written promise to appear with nonfinancial 2718
conditions, (C) upon such person's execution of a bond without surety 2719
in no greater amount than necessary, or (D) upon such person's 2720
execution of a bond with surety in no greater amount than necessary, 2721
but in no event shall a judge prohibit a bond from being posted by 2722
surety. The prosecutorial official may petition the court to deem such 2723 Substitute Bill No. 6667
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person a serious risk to the safety of another person or persons. The 2724
prosecutorial official may present any information developed by 2725
federal, state and local law enforcement agencies in the course of a 2726
criminal investigation or enforcement action, including, but not limited 2727
to, social media posts, pictures or videos threatening violence, claiming 2728
responsibility for violence or suggesting possession of a firearm. If the 2729
court finds that the arrested person poses a serious risk to the safety of 2730
another person or persons, the arrested person may only be released 2731
pursuant to subparagraph (C) or (D) of this subdivision and the arrested 2732
person shall be required to deposit at least thirty per cent of any bond 2733
amount directly with the court. Additionally, the court may, when it has 2734
reason to believe that the person is drug-dependent and where 2735
necessary, reasonable and appropriate, order the person to submit to a 2736
urinalysis drug test and to participate in a program of periodic drug 2737
testing and treatment. The results of any such drug test shall not be 2738
admissible in any criminal proceeding concerning such person. 2739
(3) The court may, in determining what conditions of release will 2740
reasonably ensure the appearance of the arrested person in court and 2741
that the safety of any other person will not be endangered, consider the 2742
following factors: (A) The nature and circumstances of the offense, (B) 2743
such person's record of previous convictions, (C) such person's past 2744
record of appearances in court after being admitted to bail, (D) such 2745
person's family ties, (E) such person's employment record, (F) such 2746
person's financial resources, character and mental condition, (G) such 2747
person's community ties, (H) the number and seriousness of charges 2748
pending against the arrested person, (I) the weight of the evidence 2749
against the arrested person, (J) the arrested person's history of violence, 2750
(K) whether the arrested person has previously been convicted of 2751
similar offenses while released on bond, and (L) the likelihood based 2752
upon the expressed intention of the arrested person that such person 2753
will commit another crime while released. 2754
(4) When imposing conditions of release under this subsection, the 2755
court shall state for the record any factors under subdivision (3) of this 2756 Substitute Bill No. 6667
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subsection that it considered and the findings that it made as to the 2757
danger, if any, that the arrested person might pose to the safety of any 2758
other person upon the arrested person's release that caused the court to 2759
impose the specific conditions of release that the court imposed. 2760
[(c)] (d) If the court determines that a nonfinancial condition of 2761
release should be imposed pursuant to subparagraph (B) of subdivision 2762
(1) of subsection (a) or (b) of this section, the court shall order the pretrial 2763
release of the person subject to the least restrictive condition or 2764
combination of conditions that the court determines will reasonably 2765
ensure the appearance of the arrested person in court and, with respect 2766
to the release of the person pursuant to subsection (b) or (c) of this 2767
section, that the safety of any other person will not be endangered, 2768
which conditions may include an order that the arrested person do one 2769
or more of the following: (1) Remain under the supervision of a 2770
designated person or organization; (2) comply with specified 2771
restrictions on such person's travel, association or place of abode; (3) not 2772
engage in specified activities, including the use or possession of a 2773
dangerous weapon, an intoxicant or a controlled substance; (4) provide 2774
sureties of the peace pursuant to section 54-56f under supervision of a 2775
designated bail commissioner or intake, assessment and referral 2776
specialist employed by the Judicial Branch; (5) avoid all contact with an 2777
alleged victim of the crime and with a potential witness who may testify 2778
concerning the offense; (6) maintain employment or, if unemployed, 2779
actively seek employment; (7) maintain or commence an educational 2780
program; (8) be subject to electronic monitoring; or (9) satisfy any other 2781
condition that is reasonably necessary to ensure the appearance of the 2782
person in court and that the safety of any other person will not be 2783
endangered. The court shall state on the record its reasons for imposing 2784
any such nonfinancial condition. 2785
[(d)] (e) If the arrested person is not released, the court shall order 2786
him committed to the custody of the Commissioner of Correction until 2787
he is released or discharged in due course of law. 2788
[(e)] (f) The court may require that the person subject to electronic 2789 Substitute Bill No. 6667
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monitoring pursuant to subsection [(c)] (d) of this section pay directly to 2790
the electronic monitoring service provider a fee for the cost of such 2791
electronic monitoring services. If the court finds that the person subject 2792
to electronic monitoring is indigent and unable to pay the costs of 2793
electronic monitoring services, the court shall waive such costs. Any 2794
contract entered into by the Judicial Branch and the electronic 2795
monitoring service provider shall include a provision stating that the 2796
total cost for electronic monitoring services shall not exceed five dollars 2797
per day. Such amount shall be indexed annually to reflect the rate of 2798
inflation. 2799
Sec. 42. Section 54-64f of the general statutes is repealed and the 2800
following is substituted in lieu thereof (Effective October 1, 2023): 2801
(a) Upon application by the prosecuting authority alleging that a 2802
defendant has violated the conditions of the defendant's release, the 2803
court may, if probable cause is found, order that the defendant appear 2804
in court for an evidentiary hearing upon such allegations. An order to 2805
appear shall be served upon the defendant by any law enforcement 2806
officer delivering a copy to the defendant personally, or by leaving it at 2807
the defendant's usual place of abode with a person of suitable age and 2808
discretion then residing therein, or mailing it by registered or certified 2809
mail to the last-known address of the defendant. 2810
(b) [If] Except as provided in subsection (d) of this section, if the court, 2811
after an evidentiary hearing at which hearsay or secondary evidence 2812
shall be admissible, finds by clear and convincing evidence that the 2813
defendant has violated reasonable conditions imposed on the 2814
defendant's release it may impose different or additional conditions 2815
upon the defendant's release. If the defendant is on release with respect 2816
to an offense for which a term of imprisonment of ten or more years may 2817
be imposed and the court, after an evidentiary hearing at which hearsay 2818
or secondary evidence shall be admissible, finds by clear and convincing 2819
evidence that the defendant has violated reasonable conditions of the 2820
defendant's release and that the safety of any other person is 2821
endangered while the defendant is on release, it may revoke such 2822 Substitute Bill No. 6667
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release. The revocation of a defendant's release pursuant to this 2823
subsection shall cause any bond posted in the criminal proceeding to be 2824
automatically terminated and the surety to be released. 2825
(c) [If] Except as provided in subsection (d) of this section, if the 2826
defendant is a serious firearm offender or is on release with respect to a 2827
serious firearm offense as defined in section 53a-3, as amended by this 2828
act, or the defendant is on release with respect to an offense for which a 2829
term of imprisonment of ten or more years may be imposed and the 2830
court, after an evidentiary hearing at which hearsay or secondary 2831
evidence shall be admissible, finds by clear and convincing evidence 2832
that the safety of any other person is endangered while the defendant is 2833
on release and that there is probable cause to believe that the defendant 2834
has committed a federal, state or local crime while on release, there shall 2835
be a rebuttable presumption that the defendant's release should be 2836
revoked. 2837
(d) If the defendant is a serious firearm offender as defined in section 2838
53a-3, as amended by this act, and is on release with respect to any 2839
offense and the court, after an evidentiary hearing at which hearsay or 2840
secondary evidence shall be admissible, finds by the preponderance of 2841
the evidence that there is probable cause to believe that the defendant 2842
has committed a serious firearm offense, as defined in section 53a-3, as 2843
amended by this act, while on release, or if the defendant is on release 2844
with respect to any offense referenced in subsection (c) of section 54-64a, 2845
as amended by this act, and the court, after an evidentiary hearing at 2846
which hearsay or secondary evidence shall be admissible, finds by the 2847
preponderance of evidence that there is probable cause to believe that 2848
the defendant has committed a serious firearm offense, the defendant's 2849
release shall be revoked. 2850
[(d)] (e) The revocation of a defendant's release pursuant to this 2851
section shall cause any bond posted in the criminal proceeding to be 2852
automatically terminated and the surety to be released. 2853
(f) If the defendant commits a serious firearm offense while on 2854 Substitute Bill No. 6667
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pretrial release and is subsequently convicted of any offense for which 2855
the defendant was on pretrial release and a serious firearm offense 2856
committed while on pretrial release, any bond posted in the criminal 2857
proceeding for the offense for which the defendant was on pretrial 2858
release shall be forfeited. 2859
Sec. 43. Section 54-127 of the general statutes is repealed and the 2860
following is substituted in lieu thereof (Effective October 1, 2023): 2861
The request of the Commissioner of Correction or any officer of the 2862
Department of Correction so designated by the commissioner, or of the 2863
Board of Pardons and Paroles or its chairman shall be sufficient warrant 2864
to authorize any officer of the Department of Correction or any officer 2865
authorized by law to serve criminal process within this state, to return 2866
any [convict or inmate] parolee on parole into actual custody; and any 2867
such officer, police officer, constable or state marshal shall arrest and 2868
hold any parolee [or inmate] when so requested, without any written 2869
warrant, and the commissioner shall make such request if the parolee is 2870
a serious firearm offender, as defined in section 53a-3, as amended by 2871
this act, and is arrested while on parole for a felony offense, or if the 2872
parolee is arrested for a serious firearm offense as defined in section 53a-2873
3, as amended by this act. 2874
Sec. 44. (NEW) (Effective from passage) (a) For the purposes of this 2875
section, "firearm-related crime docket" means a docket in a geographical 2876
area separate and apart from other criminal matters for the hearing of 2877
firearm-related matters. 2878
(b) Not later than December 31, 2023, the Chief Court Administrator 2879
shall establish a firearm-related crime docket to serve the geographical 2880
area courts in Fairfield, Hartford, New Haven and Waterbury. The Chief 2881
Court Administrator shall establish policies and procedures to 2882
implement such firearm-related crime docket. 2883
Sec. 45. (NEW) (Effective October 1, 2023) Notwithstanding any 2884
provision of the general statutes, any peace officer who is a sworn 2885 Substitute Bill No. 6667
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member of a law enforcement agency or any prosecutorial official who 2886
is aware of any person released on parole or serving probation who 2887
poses a serious threat to public safety, may file an emergency petition 2888
with the supervisory staff of the probation or parole office, as applicable, 2889
and a copy of such petition with the office of the Chief State's Attorney. 2890
Such petition shall cite risk factors pointing to the person released on 2891
parole or serving probation as a serious threat to public safety and may 2892
present any information developed by federal, state and local law 2893
enforcement agencies in the course of a criminal investigation or 2894
enforcement action, including, but not limited to, social media posts, 2895
pictures or videos threatening violence, claiming responsibility for 2896
violence or suggesting possession of a firearm. Not later than forty-eight 2897
hours after receiving such petition, the supervisory staff of the probation 2898
or parole office, as applicable, shall (1) seek a warrant for such person 2899
serving probation for a violation of such probation, as applicable, or (2) 2900
provide the rationale for not taking an action described in subdivision 2901
(1) of this section. 2902
Sec. 46. Subsection (a) of section 53a-222 of the general statutes is 2903
repealed and the following is substituted in lieu thereof (Effective October 2904
1, 2023): 2905
(a) A person is guilty of violation of conditions of release in the first 2906
degree when, while charged with the commission of a felony, such 2907
person is released pursuant to subsection (b) of section 54-63c, 2908
subsection (c) of section 54-63d or subsection [(c)] (d) of section 54-64a, 2909
as amended by this act, and intentionally violates one or more of the 2910
imposed conditions of release. 2911
Sec. 47. Subsection (a) of section 53a-222a of the general statutes is 2912
repealed and the following is substituted in lieu thereof (Effective October 2913
1, 2023): 2914
(a) A person is guilty of violation of conditions of release in the 2915
second degree when, while charged with the commission of a 2916
misdemeanor or motor vehicle violation for which a sentence to a term 2917 Substitute Bill No. 6667
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of imprisonment may be imposed, such person is released pursuant to 2918
subsection (b) of section 54-63c, subsection (c) of section 54-63d or 2919
subsection [(c)] (d) of section 54-64a, as amended by this act, and 2920
intentionally violates one or more of the imposed conditions of release. 2921
Sec. 48. Section 53-202m of the general statutes is repealed. (Effective 2922
from passage) 2923
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 29-35
Sec. 2 from passage 29-36a
Sec. 3 from passage 29-33
Sec. 4 July 1, 2023 29-28(a)
Sec. 5 July 1, 2023 29-28(d)
Sec. 6 July 1, 2023 29-30(a)
Sec. 7 October 1, 2023 29-31
Sec. 8 October 1, 2023 29-32b(b)
Sec. 9 October 1, 2023 29-33
Sec. 10 October 1, 2023 29-36l
Sec. 11 October 1, 2023 29-37a
Sec. 12 October 1, 2023 29-37i
Sec. 13 October 1, 2023 29-38b
Sec. 14 October 1, 2023 29-38m
Sec. 15 from passage 53-202f(d) to (f)
Sec. 16 October 1, 2023 53-202w(a)
Sec. 17 October 1, 2023 53-202x(e)
Sec. 18 October 1, 2023 54-36e(b)
Sec. 19 from passage 53-202l(e)
Sec. 20 from passage 53-202w(g)
Sec. 21 from passage 53-206g(f)
Sec. 22 October 1, 2023 53a-217a
Sec. 23 from passage 54-66a
Sec. 24 from passage 54-280(8)
Sec. 25 from passage 53-202a
Sec. 26 from passage 53-202c
Sec. 27 from passage 53-202d(a) and (b)
Sec. 28 from passage 29-36n(b) Substitute Bill No. 6667
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Sec. 29 October 1, 2023 53-202w(c)
Sec. 30 October 1, 2023 29-37p(a) and (b)
Sec. 31 October 1, 2023 29-28(b)
Sec. 32 January 1, 2024 New section
Sec. 33 October 1, 2023 29-36f(b)
Sec. 34 October 1, 2023 53a-217
Sec. 35 October 1, 2023 53a-217c
Sec. 36 October 1, 2023 29-37b(a)
Sec. 37 July 1, 2023 53-205(a)
Sec. 38 October 1, 2023 53-341b
Sec. 39 October 1, 2023 53a-3
Sec. 40 October 1, 2023 53a-32
Sec. 41 October 1, 2023 54-64a
Sec. 42 October 1, 2023 54-64f
Sec. 43 October 1, 2023 54-127
Sec. 44 from passage New section
Sec. 45 October 1, 2023 New section
Sec. 46 October 1, 2023 53a-222(a)
Sec. 47 October 1, 2023 53a-222a(a)
Sec. 48 from passage Repealer section
Statement of Legislative Commissioners:
In Section 5, the effective date was changed to July 1, 2023, in conformity
with the effective date of Section 4, Sections 34(b) and 43(b) were merged
as both amend the same section and Section 43 was subsequently
deleted and the remaining sections renumbered.
JUD Joint Favorable Subst.