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OLR Bill Analysis
sHB 6667
AN ACT ADDRESSING GUN VIOLENCE.
TABLE OF CONTENTS:
SUMMARY
§ 1 — FIREARM OPEN CARRY PROHIBITIONS
With exceptions, prohibits anyone from (1) knowingly carrying any firearm openly and
(2) carrying a firearm in any establishment permitted for on-premises alcohol
consumption; makes violations of these provisions a class D felony; requires law
enforcement units to annually report on any stops conducted on suspicion of a violation of
the bill’s open carry prohibition
§ 2 — GHOST GUNS
Beginning January 1, 2024, generally prohibits anyone from possessing ghost guns, with
certain exceptions, and makes violations a class C felony; sets a process for declaring ghost
gun possession to DESPP or obtaining a unique serial number or other identification
mark; expands the current prohibitions on manufacturing and transferring ghost guns to
include those manufactured between December 16, 1968, and October 1, 2019
§§ 3, 19-21 & 23-24 — HANDGUN SALE LIMITATION
Generally limits a person to only one handgun purchase in a 30-day period and makes
violations a class C felony
§§ 4-11 & 13-18 — GUN DEALER PERMIT AND LICENSE FOR
FIREARM SALES
Creates a state gun dealer license for retail firearm sales while also expanding the local
gun dealer’s permit requirement to cover all firearm sales, rather than just handgun sales
§§ 10 & 11 — 10-DAY WAITING PERIOD
Prohibits anyone from transferring a firearm that needs an authorization number until at
least the 11th calendar day after receiving the number
§§ 11 & 30 — LONG GUNS
With certain exceptions, raises the minimum age, from 18 to 21, to purchase a long gun
and apply for a long gun eligibility certificate
§§ 12 & 22 — GUN STORAGE
Extends the firearm safe storage law to all firearms people store or keep on their premises,
rather than only under specified circumstances
§ 14 — EXEMPTION FROM AMMUNITION SALES M INIMUM AGE
REQUIREMENT 2023HB-06667-R000641-BA.DOCX
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Exempts sales of ammunition to specified state agencies and other entities and individuals
from the minimum age requirement for ammunition sales
§§ 15, 25-28 & 49 — 2023 ASSAULT WEAPONS BAN
Expands the assault weapons ban to include more firearms and creates a process for those
who lawfully own these weapons to obtain a certificate of possession or transfer or sell the
weapon
§ 29 — LARGE CAPACITY MAGAZINES
Makes illegally possessing an LCM a class D felony, for all offenses and regardless of
when it was obtained
§§ 30-31 & 33-35 — DISQUALIFYING OFFENSES
Expands the list of disqualifying offenses for possessing or carrying a firearm to include
misdemeanor convictions for offenses designated as family violence crimes and those
prohibited under federal law due to misdemeanor domestic violence convictions or being a
fugitive of justice; adds these offenses as reasons someone may be guilty of certain criminal
firearm possession laws; increases, by one day, the two-year mandatory minimum prison
sentence for criminal possession of a firearm, ammunition, or electronic weapon and
makes those convicted of this crime eligible for special parole
§§ 30-31 & 33 — ADDITIONAL EDUCATIO NAL REQUIREMENTS
Modifies the firearm safety training requirements for long gun and handgun eligibility
certificates and handgun permits, including requiring at least four hours of classroom
training with at least two hours of instruction on state laws on firearm ownership and
use, plus an additional two hours of live-fire training
§§ 32 & 36 — DESIGN FEATURES
Requires semiautomatic handguns manufactured after January 1, 2024, to be equipped
with a loaded chamber indicator and a magazine disconnect lockout, if it accepts a
detachable magazine; expands the requirement that gun dealers give trigger locks and a
related written warning to all firearm buyers at the time of sale, rather than just handgun
buyers
§ 37 — CARRYING LOADED LONG GUNS IN MOTOR VEHICLES
Expands the prohibition on carrying or possessing loaded shotguns, rifles, or
muzzleloaders in motor vehicles to include all long guns
§ 38 — BODY ARMOR
Modifies the definition of “body armor” to include specified clothing inserts; requires
those buying or receiving body armor to have certain gun-related credentials; expands
purchase exemptions to include judicial marshals and probation officers
§§ 39-42 & 47-48 — SERIOUS FIREARM OFFENDER
Sets more stringent release conditions for serious firearm offenders; allows or requires
prosecutors to petition the court for bond amounts of up to 30% depending on prior
convictions; lowers the evidentiary threshold for courts to revoke a defendant’s release
under certain circumstances involving serious firearm offenses and requires revocation
under these circumstances; requires certain bail to be forfeited when the defendant
commits a serious firearm offense while released; requires probation officers to seek arrests
for certain serious firearm offenders or offenses
§ 43 — RETURN TO CUSTODY 2023HB-06667-R000641-BA.DOCX
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Requires the DOC commissioner to request a parolee to be returned to custody without a
written warrant if he or she is a serious firearm offender and is arrested while on parole for
a serious firearm offense
§ 44 — FIREARMS-RELATED CRIME DOCKET
Requires the chief court administrator to establish firearm-related crime dockets in certain
courts
§ 45 — EMERGENCY PETITION
Requires a police officer or prosecutor, when aware that someone released on parole or
probation is a threat to public safety, to file an emergency petition for the probation or
parole office to take specified steps
BACKGROUND
SUMMARY
This bill makes various changes in the state’s gun (firearm) laws.
Among other things, it:
1. generally prohibits anyone from (a) knowingly carrying any
firearm openly, (b) carrying firearms in any establishment
permitted to serve alcohol for on-premises consumption, and (c)
having a ghost gun beginning January 1, 2024;
2. generally (a) limits a person to only purchasing one handgun in
a 30-day period and (b) requires a 10-day waiting period for
purchasing or receiving a firearm;
3. establishes a state gun dealers license;
4. increases the minimum age to purchase long guns from 18 to 21;
5. requires various gun safety measures, including safe storage of
all firearms, trigger locks, and other gun safety mechanisms;
6. expands the assault weapons ban to include more firearms and
provides a process for those who lawfully own these weapons to
obtain a certificate of possession or transfer or sell the weapon;
7. makes illegally possessing a large capacity magazine (LCM) a
class D felony, regardless of when it was obtained and for all
offenses; 2023HB-06667-R000641-BA.DOCX
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8. makes misdemeanor convictions for offenses designated as
family violence crimes, and those prohibited under federal law
due to misdemeanor domestic violence convictions or being a
fugitive of justice, disqualifying offenses for gun credentials;
9. requires at least four hours of classroom training within one year
of submitting a gun credential application;
10. sets more stringent release conditions for serious firearm
offenders, including only allowing those with certain prior
convictions to be released by posting bond;
11. establishes firearm-related crime dockets in certain courts; and
12. requires a police officer or prosecutor, when aware that someone
released on parole or probation is a threat to public safety, to file
an emergency petition to take specified steps.
The bill also makes various minor, technical, and conforming
changes.
EFFECTIVE DATE: October 1, 2023, unless otherwise specified
below.
§ 1 — FIREARM OPEN CARRY PROHIBITIONS
With exceptions, prohibits anyone from (1) knowingly carrying any firearm openly and
(2) carrying a firearm in any establishment permitted for on-premises alcohol
consumption; makes violations of these provisions a class D felony; requires law
enforcement units to annually report on any stops conducted on suspicion of a violation of
the bill’s open carry prohibition
The bill generally prohibits anyone from knowingly carrying any
firearm openly, with certain exceptions. Current law does not address
whether a person must carry a firearm openly or concealed. Although
the bill does not define firearm for purposes of this prohibition, the
penal code defines it as any sawed-off shotgun, machine gun, rifle,
shotgun, pistol, revolver, or other weapon, loaded or unloaded, from
which a shot may be discharged (CGS § 53a-3).
The bill’s open carry prohibition does not apply to a person (1) in his
or her home, (2) on land he or she leases or owns that is connected with 2023HB-06667-R000641-BA.DOCX
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the home, (3) in his or her place of business, or (4) when engaged in
firearm training (see below) or a bona fide hunting activity. A person is
not deemed to be carrying openly if the person has taken reasonable
measures to conceal that he or she is carrying a firearm. A fleeting
glimpse of a firearm does not constitute a violation.
The bill also generally prohibits carrying a firearm in any
establishment permitted for on-premises alcohol consumption, other
than establishments that are also the person’s home or place of business.
Exceptions
Under the bill, the same individuals and circumstances that are
exempt from the permit requirement to carry a pistol or revolver (i.e.,
handgun permit) are also exempt from the bill’s open carry prohibition.
This includes the following individuals:
1. Connecticut parole and peace officers;
2. other states’ parole or peace officers on official business;
3. Department of Motor Vehicles (DMV) inspectors;
4. federal marshals and law enforcement officers;
5. servicemembers on, or going to or from, duty; and
6. a military organization’s members on parade or going to or from
a place of assembly.
It also includes anyone transporting a firearm:
1. as merchandise,
2. in its original package from the point of purchase to his or her
home or business,
3. for repair or when moving household goods,
4. to a competition or exhibit under an out-of-state permit, 2023HB-06667-R000641-BA.DOCX
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5. to and from firearm training (see below),
6. to or from a testing range at a firearm permit-issuing authority’s
request, or
7. that is an antique handgun.
Firearm Training
The bill expands what is considered “firearm training” for the open
carry and handgun permit exemptions. Under current law, for purposes
of the handgun permit requirement, the firearm training exemption is
for taking part in formal handgun training at a locally approved and
permitted firing range or training facility. The bill expands it, for both
purposes, to include training at a fish and game club or sporting club
and eliminates the requirement that the firing range be locally approved
and permitted.
Penalty
Under the bill, anyone violating these provisions is guilty of a class D
felony (punishable by up to five years imprisonment, up to a $5,000 fine,
or both) (CGS § 29-37(b)). There is a one-year mandatory minimum to
these sentences unless the court finds mitigating circumstances. The
court must specifically state the mitigating circumstances, or their
absence, in writing for the record. Any handgun found in violation must
be forfeited.
Report
Starting by February 1, 2025, the bill requires each law enforcement
unit to annually prepare and submit to the Institute for Municipal and
Regional Policy at UConn a report on any stops conducted on suspicion
of a violation of the bill’s open carry prohibition during the preceding
calendar year. The initial report must be based on the 15 months before
January 1, 2025.
Law enforcement units must submit the reports electronically using
a standardized method and form disseminated jointly by the institute
and the Police Officer Standards and Training Council (POST). The
method and form must allow for compiling statistics on each incident, 2023HB-06667-R000641-BA.DOCX
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including the race and gender of the person stopped, based on the police
officer’s observation and perception. The institute and POST may revise
the method and form and send the revisions to law enforcement units.
Before submitting the report, each law enforcement unit must redact
any information that may identify a minor, witness, or victim.
Within available appropriations, the institute must review the
incidents reported and, beginning by December 1, 2025, annually report
the review’s results and its recommendations to the governor and the
Judiciary, Public Safety and Security, and Planning and Development
committees.
A “law enforcement unit” is a state or municipal agency or
department (or tribal agency or department created and governed
under a memorandum of agreement) whose primary functions include
enforcing criminal or traffic laws; preserving public order; protecting
life and property; or preventing, detecting, or investigating crime (CGS
§ 7-294a).
§ 2 — GHOST GUNS
Beginning January 1, 2024, generally prohibits anyone from possessing ghost guns, with
certain exceptions, and makes violations a class C felony; sets a process for declaring ghost
gun possession to DESPP or obtaining a unique serial number or other identification
mark; expands the current prohibitions on manufacturing and transferring ghost guns to
include those manufactured between December 16, 1968, and October 1, 2019
Expansion of Current Ghost Gun Restrictions
Current law generally prohibits anyone from creating what is
commonly referred to as a “ghost gun.” It does so by prohibiting them
from completing the manufacture of a firearm without subsequently (1)
obtaining a unique serial number or other identification mark from the
Department of Emergency Services and Public Protection (DESPP) and
(2) engraving or permanently affixing it to the firearm. It also generally
prohibits the following:
1. transferring ghost guns, except to law enforcement;
2. manufacturing a firearm from polymer plastic that is less
detectible by a walk-through metal detector than a security
exemplar (i.e., an object used to test and calibrate metal 2023HB-06667-R000641-BA.DOCX
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detectors);
3. aiding the manufacture of a firearm for certain people who are
prohibited from owning or possessing a firearm;
4. purchasing, receiving, selling, delivering, or transferring an
unfinished frame or lower receiver without an identification
mark or unique serial number or satisfying certain other
requirements; and
5. possessing an unfinished frame or lower receiver if the person is
ineligible to possess a firearm under state or federal law.
Current law allows exceptions to these requirements for certain
firearms, including those manufactured before October 1, 2019, if they
are otherwise lawfully possessed. The bill narrows this exception to
firearms manufactured before December 16, 1968, thus expanding these
current prohibitions to those manufactured between December 16, 1968,
and October 1, 2019. December 16, 1968, is the effective date for most
provisions of the federal Gun Control Act of 1968 (P.L. 90-618).
Prohibition on Ghost Gun Possession
Beginning January 1, 2024, the bill generally prohibits anyone from
possessing a firearm without a serial number or other identification
mark (“ghost gun”), including those made between December 16, 1968,
and October 1, 2019. The bill allows these guns if the person has (1)
declared possession as described below or (2) applied for a unique serial
number or other identification mark from DESPP but not yet received
it.
With limited exceptions, the bill prohibits anyone in Connecticut
from distributing, importing into the state, keeping or offering for sale,
or purchasing a ghost gun. This prohibition does not apply to firearm
transfers (1) declared to DESPP; (2) by bequest or intestate succession;
or (3) upon the death of a testator or settlor, to a trust or from a trust to
a beneficiary. It also allows the transfer to a police department or
DESPP. 2023HB-06667-R000641-BA.DOCX
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Declaration of Possession. Under the bill, anyone who, before
January 1, 2024, lawfully possesses a ghost gun manufactured before
October 1, 2019, must apply to DESPP to declare possession by January
1, 2024. If the person is a state or U.S. Armed Forces member (i.e.,
servicemember) and cannot apply by January 1, 2024, because he or she
is on official duty outside of Connecticut, the member must apply
within 90 days after returning to the state. The application must be made
as the DESPP commissioner prescribes.
For these purposes, a person “lawfully possesses” the firearm if he or
she has (1) actual and lawful possession of it; (2) constructive possession
of it through a lawful purchase before the prohibition’s effective date,
regardless of whether the firearm was delivered to the purchaser before
or on that date; or (3) actual or constructive possession, as evidenced by
a written statement made under penalty of false statement on a DESPP-
prescribed form.
The bill requires the lawful purchase to be evidenced in writing
sufficient to indicate that before the date the bill’s prohibition took effect
(1) a contract for sale was made between the parties or (2) the purchaser
made a full or partial payment for the firearm to the seller.
Moving Into the State. The bill allows anyone who moves into the
state in lawful possession of a ghost gun to, within 90 days, either (1)
obtain a unique serial number or other identification mark from DESPP
and engrave or permanently affix it to the firearm, (2) render the firearm
permanently inoperable, (3) sell the firearm to a licensed gun dealer, or
(4) remove the firearm from the state. The bill allows any servicemember
who is in lawful possession of a ghost gun and has been transferred into
the state after January 1, 2024, to apply to DESPP within 90 days of
arriving in Connecticut, to declare possession of the firearm.
Regulations. The bill allows DESPP to adopt regulations
establishing procedures to declare possession or obtain a unique serial
number or mark. Regardless of the Freedom of Information Act’s
(FOIA) provisions on access to public records and their disclosures, the
name and address of a person who has declared possession of a ghost 2023HB-06667-R000641-BA.DOCX
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gun must be confidential and not disclosable. However, the records may
be disclosed to (1) law enforcement agencies, U.S. Probation Office
employees, and Department of Correction (DOC) parole officers when
performing their duties and (2) the Mental Health and Addiction
Services (DMHAS) commissioner to check the status of firearm
applications from anyone who has been involuntarily committed or
voluntarily admitted.
Exemptions. As under existing law for the ghost gun restrictions
described above, these provisions do not apply to the following:
1. if the frame or lower receiver have a serial number or mark
engraved or permanently affixed in a way that conforms to the
requirements that federal law and associated regulations impose
on licensed firearm importers and manufacturers;
2. the manufacture of firearms by a federally licensed
manufacturers;
3. any antique firearm (e.g., those manufactured in or before 1898);
4. any firearm manufactured before December 16, 1968, if the
firearm is otherwise lawfully possessed; or
5. delivery or transfers to a law enforcement agency.
Illegal Manufacture
Current law prohibits anyone from facilitating, aiding, or abetting the
manufacture of a firearm (1) by or for someone otherwise prohibited by
law from owning or possessing a firearm or (2) that a person is
otherwise prohibited by law from purchasing or possessing. The bill
specifies that this prohibition is for doing these things knowingly,
recklessly, or with criminal negligence.
Suspended Criminal Proceedings
As under existing law for ghost gun restrictions, the court may
suspend the prosecution of a person who violates the bill’s ghost gun
provisions and dismiss the charges under certain conditions. 2023HB-06667-R000641-BA.DOCX
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Specifically, the court may do so if, among other things, it finds the
violation is not serious in nature, the alleged violator will probably not
reoffend, and he or she has not previously been convicted or had
prosecution suspended of such a violation.
Penalty
As under existing law for ghost gun violations, any violation of the
bill’s ghost guns provisions is a class C felony (punishable by up to 10
years imprisonment, up to a $10,000 fine, or both). There is a $5,000
minimum fine unless the court states on the record its reasons for
remitting or reducing it. Violators must forfeit any of these firearms in
their possession.
EFFECTIVE DATE: Upon passage
§§ 3, 19-21 & 23-24 — HANDGUN SALE LIMITATION
Generally limits a person to only one handgun purchase in a 30-day period and makes
violations a class C felony
With certain exceptions, the bill limits the number of handguns a
person may sell, deliver, or transfer to any person to one in a 30-day
period. It also prohibits anyone from selling, delivering, or transferring
a handgun to any person who has purchased a handgun in the previous
30 days.
This limitation does not apply to:
1. a firearm (a) transferred to a federal, state, or municipal law
enforcement agency, or (b) legally transferred by a person
ineligible to possess it;
2. the exchange of a handgun purchased by an individual from a
federally licensed firearm dealer (FFL) for another handgun from
the same FFL within 30 days after the original transaction, as long
as the FFL reports the transaction to the DESPP commissioner;
3. certain antique handguns (e.g., those manufactured in or before
1898 that are exempt from state laws on handgun sales
procedures); 2023HB-06667-R000641-BA.DOCX
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4. handgun sales, deliveries, and transfers between federally
licensed gun dealers, manufacturers, and importers;
5. a firearm transferred by bequest or intestate succession, or, upon
the death of a testator or settlor (a) to a trust or (b) from a trust to
a beneficiary; or
6. a transfer to a museum at a fixed location that is open to the
public and displays firearms as part of an educational mission.
Penalty
As under existing law for illegal handgun sales, deliveries, or
transfers, a violation of the bill’s sale limitation is a class C felony with
a two-year mandatory minimum prison sentence and a $5,000 minimum
fine, which may not be remitted or reduced unless the court states on
the record its reasons for doing so.
Suspended Criminal Proceedings
As under existing law for handgun sale, delivery, or transfer
restrictions, the court may suspend the prosecution of a person who
violates the bill’s sales limitation and dismiss the charges under the
same conditions as suspended sentences for ghost gun violations (see
above).
EFFECTIVE DATE: Upon passage
§§ 4-11 & 13-18 — GUN DEALER PERMIT AND LICENSE FOR
FIREARM SALES
Creates a state gun dealer license for retail firearm sales while also expanding the local
gun dealer’s permit requirement to cover all firearm sales, rather than just handgun sales
Federal law requires anyone in the business of selling firearms to
have a federal firearms license. Under current state law, FFLs who sell
handguns and those who sell 10 or more handguns in a calendar year
must also have a local permit (i.e., a dealer’s permit issued by the
municipality’s police chief or another authorized official) to sell
handguns.
The bill expands the dealer permit requirement to FFLs selling any 2023HB-06667-R000641-BA.DOCX
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type of firearm, rather than just handguns, and starting October 1, 2023,
it requires that they also have a nontransferable state license for retail
firearm sales. The license and renewal fee are $200, but anyone who has
a local permit and applies for the license before October 1, 2023, does
not have to pay a fee for the initial application.
The bill also makes various minor, technical, and conforming changes
to implement the new license. For example, the bill replaces references
to the local permit with the state license in the provisions (1) requiring
DESPP to create a database for those who sell or transfer firearms to
access for information, (2) on selling long guns, and (3) requiring DESPP
to verify the commitment or admission status of a person applying for
or renewing certain firearm credentials (§§ 10, 11 & 13).
Local Gun Dealer Permit
Under current law, an applicant for a local gun dealer permit must
hold a valid eligibility certificate or handgun permit. The bill eliminates
this requirement for applications filed on or after October 1, 2023, and
instead incorporates the handgun permit requirement as a condition of
the state license (as described below).
Current law also generally requires applicants to submit
documentation showing that the premises where the handguns will be
sold complies with local zoning requirements. The bill eliminates an
exception that currently applies to anyone selling or exchanging a
handgun for his or her personal collection or hobby, or who sells all or
part of the collection, thus subjecting these sellers to the zoning
compliance requirement.
By law, the local dealer’s permit is $200.
State License
Under the bill, when someone applies in a way the DESPP
commissioner requires, he must issue a state license to sell firearms at
retail if the application includes:
1. the person’s valid federal firearms license; 2023HB-06667-R000641-BA.DOCX
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2. a handgun permit for each individual listed as a responsible
person on the federal firearms license (i.e., generally anyone with
the power or authority to direct the entity’s management and
policies);
3. a valid local dealer’s permit; and
4. any other materials the commissioner requires.
Renewal. The bill requires each person who holds a state license to
sell firearms at retail to apply to renew the license every five years as the
DESPP commissioner prescribes.
Suspension or Revocation. The bill allows the commissioner to (1)
suspend or revoke a license; (2) issue fines of up to $25,000 per violation;
(3) accept an offer in compromise or refuse to grant or renew a state
license; or (4) place the licensee on probation, place conditions on the
licensee, or take other actions permitted by law.
Under the bill, any of the following is sufficient cause for action by
the commissioner:
1. furnishing false or fraudulent information in an application or
failing to comply with representations made in an application;
2. false, misleading, or deceptive representations to the public or
DESPP;
3. failure to maintain effective controls against firearm thefts,
including failing to install or maintain the required burglar alarm
system;
4. an adverse administrative decision or delinquency assessment
from the Department of Revenue Services;
5. failure to cooperate or give information to DESPP, local law
enforcement authorities, or any other enforcement agency on any
matter arising out of conduct at the licensee’s premises;
6. revocation or suspension of the handgun permit or federal 2023HB-06667-R000641-BA.DOCX
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firearms license;
7. failure to get an authorization number for a firearm transfer as
required by state law;
8. failure to verify that a firearm recipient is eligible to receive the
firearm;
9. transfer of a firearm to a person ineligible to receive the firearm,
unless the licensee relied in good faith on the information DESPP
provided in verifying the ineligible person’s eligibility;
10. evidence that the licensee is not a suitable person to hold a state
license; and
11. failure to comply with certain other firearm-related provisions
(i.e., CGS §§ 29-28 to -37s) or any other state or federal law on
how licensed individuals may lawfully sell or transfer firearms.
Appeals. The bill allows anyone aggrieved by DESPP’s refusal to
issue or renew a license, or by a license limitation or revocation, to
appeal to the Board of Firearm Examiners within 90 days after receiving
the notice. In the appeal, the board must investigate and determine the
facts, de novo (anew), and unless it finds the action to be for just and
proper cause, it must order the license to be issued, renewed, or
restored. The same appeal provisions apply by law to dealer permits
and other gun credentials.
Disclosure. Under the bill, information from inspections and
investigations DESPP conducts related to administrative complaints or
cases are exempt from disclosure under FOIA, unless DESPP has
already entered into a settlement agreement, or concluded its
investigation or inspection by closing the case. However, this does not
prevent DESPP from sharing information with other state and federal
agencies and law enforcement as it relates to investigating violations of
law.
Limits on Where Gun Dealers May Sell Firearms 2023HB-06667-R000641-BA.DOCX
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Under current law, gun dealers may sell handguns only in the room,
store, or other place described in their permit to sell handguns. The bill
extends this limitation to dealers selling any firearms, not just
handguns, and specifies that the sales must occur in the place described
in both the local permit and state license. It also requires them to display
their state license where the handguns will be sold or offered or exposed
for sale, in addition to the local permit they must display under current
law.
Vendor Records
Current law requires vendors of any dealer to keep a record of each
handgun sold in a book under federal regulations. The vendor must
make the record available for inspection at the request of state and local
law enforcement. The bill extends these recordkeeping requirements to
all firearms and also requires vendors to make the records available for
inspection by any federal law enforcement agency investigator.
EFFECTIVE DATE: October 1, 2023, except the provisions
implementing the gun dealer license and local permit and a conforming
change (§ 5) are effective July 1, 2023, and a conforming change in the
assault weapons provision is effective upon passage.
§§ 10 & 11 — 10-DAY WAITING PERIOD
Prohibits anyone from transferring a firearm that needs an authorization number until at
least the 11th calendar day after receiving the number
Under state law, DESPP serves as the point of contact for initiating a
National Instant Criminal Background Check System (NICS)
background check. With limited exceptions, when anyone sells,
delivers, or transfers a firearm, he or she must contact DESPP, who must
run the check and then provide an authorization number for the
delivery or transfer. (NICS is the federal database used to determine if
prospective gun buyers are disqualified from acquiring or possessing
firearms under state or federal law.)
The bill prohibits anyone from completing the transfer of actual
possession of any firearm, including long guns, where an authorization
number is required until at least the 11th calendar day after receiving 2023HB-06667-R000641-BA.DOCX
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the number. Under the bill, as under existing law and among other
penalties, illegally selling, delivery, or transferring a long gun is
generally a class D felony (see LONG GUNS—Penalty below).
§§ 11 & 30 — LONG GUNS
With certain exceptions, raises the minimum age, from 18 to 21, to purchase a long gun
and apply for a long gun eligibility certificate
Minimum Age to Purchase
With certain exceptions, the bill raises the minimum age, from 18 to
21, to purchase a long gun and apply to DESPP for a long gun eligibility
certificate. It exempts from this minimum age requirement long gun
sales, deliveries, or transfers to servicemembers and members or
employees of organized local police departments, DESPP, or DOC.
In addition, the minimum age requirement does not apply to long
gun sales or transfers that are currently exempt from long gun
credentialing and sale-related requirements. This includes sales or
transfers (1) between federally licensed gun dealers, manufacturers, and
importers; (2) of curios or relics transferred to or between federally
licensed firearm collectors; or (2) of antique firearms. It also does not
apply to officials that are currently exempt from these requirements,
including the following:
1. DESPP, DOC, DMV, the Department Energy and Environmental
Protection (DEEP), the Division of Criminal Justice (DCJ), local
police departments, the state or U.S. Armed Forces, and nuclear
power plants;
2. sworn and certified police (local or state) and correction officers;
3. DCJ inspectors or chief inspectors;
4. DMV-salaried inspectors the DMV commissioner designates;
5. DEEP conservation or special conservation officers; and
6. locally appointed POST-certified constables who perform
criminal law enforcement duties. 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 18 4/17/23
The bill also makes a conforming change by eliminating a current
provision that bars gun dealers from selling, delivering, or transferring
to anyone under age 21 semiautomatic centerfire rifles that have or can
accept magazines that can hold more than five rounds of ammunition.
By law, a long gun is a firearm other than a handgun.
Long Gun Sales and Transfers by Private Sellers
Existing law generally prohibits the sale, delivery, or transfer of any
long guns by a nondealer to anyone who is not an FFL or federally
licensed manufacturer or importer, except for those who comply with
specified state procedures. Specifically, they must either (1) get a DESPP
authorization number for the transaction or (2) ask an FFL to contact
DESPP on his or her behalf and get a DESPP authorization number. The
bill limits this exception to nondealers who have sold 10 or fewer
firearms in the current calendar year and are not an FFL or federally
licensed manufacturer or importer.
Penalty
Under the bill, as under existing law, illegally selling, delivering, or
transferring a long gun is generally a class D felony. It is a class B felony
if the person transferring the long gun knows that it is stolen or that the
manufacturer’s number or other mark has been altered, removed, or
obliterated (punishable by up to 20 years imprisonment, up to a $15,000
fine, or both). Any long gun found in possession of anyone in violation
of the long gun provisions must be forfeited.
§§ 12 & 22 — GUN STORAGE
Extends the firearm safe storage law to all firearms people store or keep on their premises,
rather than only under specified circumstances
Storage Requirements
The bill extends the firearm safe storage law to cover all firearms
people store or keep on their premises, rather than only under specified
circumstances. Under current law, the safe storage requirements apply
if the person who controls the premises knows or reasonably should
know that a (1) minor is likely to gain access to the firearm without a
parent’s or guardian’s permission or (2) resident is ineligible to possess 2023HB-06667-R000641-BA.DOCX
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firearms, subject to a risk protection order, or poses a risk of imminent
personal harm or harm to others.
As under existing law, the person controlling the premises must
either:
1. keep a firearm in a securely locked box or other container or in a
manner that a reasonable person would believe to be secure or
2. carry it on his or her person or so closely that he or she can readily
retrieve and use the firearm as if he or she were carrying it.
Penalty for Criminally Negligent Storage of a Firearm
The bill expands the circumstances under which a person is guilty of
criminally negligent storage of a firearm (a class D felony) to include
any violation of the safe storage requirement. Under current law, a
person is guilty of this crime only if a minor obtains an unlawfully
stored firearm and uses it to injure or kill himself or herself or someone
else, unless the minor obtained the firearm through unlawful entry.
As under existing law, a person who fails to securely store a firearm
is strictly liable for damages, regardless of intent, when a minor or a
resident who is ineligible to possess firearms or poses a risk of imminent
personal harm or harm to others get a firearm and cause personal harm
or harm to others (CGS § 52-571g).
§ 14 — EXEMPTION FROM AMMUNITION SALES M INIMUM AGE
REQUIREMENT
Exempts sales of ammunition to specified state agencies and other entities and individuals
from the minimum age requirement for ammunition sales
Existing law generally prohibits any person, firm, or corporation
from selling ammunition or an ammunition magazine to anyone (1)
without a valid gun credential or ammunition certificate and (2) under
age 18. Current law exempts sales of ammunition to specified state
agencies, entities, and individuals from the gun credential or
ammunition certificate requirement. The bill additionally exempts these
agencies, entities, and individuals from the minimum age requirement,
thus allowing sales of ammunition to them regardless of the purchaser’s 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 20 4/17/23
age.
As under current law, the minimum age requirement does not apply
to sales to:
1. DESPP, DOC, DMV, DEEP, DCJ, police departments, and the
state or U.S. Armed Forces;
2. a sworn and duly certified member of an organized police
department, the State Police, DCJ inspectors, DMV
commissioner-designated inspectors, DEEP commissioner-
designated conservation officers, and locally appointed
constables certified by POST who perform criminal law
enforcement duties;
3. a member of the state or U.S. military or naval forces;
4. a nuclear facility licensed by the U.S. Nuclear Regulatory
Commission or its contractors or subcontractors for providing
security services at the facility; or
5. a federally licensed firearms manufacturer, importer, dealer, or
collector.
§§ 15, 25-28 & 49 — 2023 ASSAULT WEAPONS BAN
Expands the assault weapons ban to include more firearms and creates a process for those
who lawfully own these weapons to obtain a certificate of possession or transfer or sell the
weapon
State law generally prohibits anyone from having or selling an assault
weapon (see Background). Specifically, and with minor exceptions, no
one in Connecticut may:
1. give, distribute, transport, import, expose, keep, or sell an assault
weapon (CGS § 53-202b) or
2. possess an assault weapon, unless he or she lawfully owned it
before the applicable ban took effect and obtained a certificate of
possession from DESPP for it (i.e., registered it) (CGS §§ 53-202c
& -202d). 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 21 4/17/23
2023 Assault Weapons Ban
The bill expands the assault weapons ban to include additional
firearms, which the bill designates as “2023 assault weapons.” These
include any semiautomatic firearm regardless of (1) whether the firearm
is specifically banned by law and (2) the date the firearm was produced
if it meets the criteria described below.
Specifically, under the bill, an assault weapon is any semiautomatic
firearm, other than a pistol, revolver, rifle, or shotgun, that has at least
one of the following:
1. a grip or stock that allows someone to hold it with more than just
the trigger finger directly below the firing action;
2. an ability to accept a detachable ammunition magazine that
attaches at some location outside of the pistol grip;
3. a fixed magazine that can accept more than 10 rounds;
4. a flash suppressor or silencer, or a threaded barrel capable of
accepting a flash suppressor or silencer;
5. a shroud that is attached to, or partially or completely encircles,
the barrel and that allows the shooter to fire the firearm without
being burned, except a slide enclosing the barrel;
6. a second hand grip; or
7. an arm brace or other stabilizing brace that allows the firearm to
be fired from the shoulder, with or without an arm strap.
It also includes any semiautomatic, rimfire rifle that can accept a
detachable magazine and has at least one of the following:
1. a folding or telescoping stock,
2. a grip or stock that allows someone to hold it with more than just
the trigger finger directly below the firing action,
3. a forward pistol grip, 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 22 4/17/23
4. a flash suppressor, or
5. a grenade launcher or flare launcher.
Additionally, it includes any semiautomatic firearm legally
manufactured before September 13, 1994, that was not listed by name
under the 1994 assault weapons ban but instead defined by its features.
The bill repeals the current exemption for these pre-1994 firearms (§ 49).
Lastly, an “assault weapon” also includes any part or combination of
parts designed or intended to convert a firearm into an assault weapon,
as expanded under the bill, or any combination of parts from which an
assault weapon may be assembled if the same person possessed and
controlled those parts.
Lawful Possession of a 2023 Assault Weapon
Under the bill, to “lawfully possess” a 2023 assault weapon is:
1. actual lawful possession under the state laws on assault
weapons;
2. constructive possession by a lawful purchase transacted before
the bill’s effective date, regardless of whether the assault weapon
was delivered before that date, with written evidence sufficient
to indicate that (a) a sales contract for purchasing the weapon was
made between the parties before that date or (b) the purchaser
made full or partial payment for the weapon before then; or
3. actual or constructive possession as described above as
evidenced by a written statement made under penalty of false
statement on a DESPP form.
By law, false statement is a class A misdemeanor (punishable by up
to 364 days imprisonment, up to $2,000 fine, or both) (CGS § 53a-157b).
Certificate of Possession
Under the bill, anyone who, before the bill’s effective date, lawfully
possesses a 2023 assault weapon may apply to DESPP by January 1,
2024, for a certificate of possession for the weapon. This includes anyone 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 23 4/17/23
who regains possession of one from a gun dealer, consignment shop
operator, or licensed pawnbroker placed with them on or before
October 1, 2023, as described below. Servicemembers unable to apply
for a certificate by January 1, 2024, because they were out of state on
official duty have 90 days after returning to Connecticut to apply for the
certificate. The certificate allows a person to keep the firearm if he or she
is eligible and otherwise complies with the law.
As under existing law, the certificate must contain a description of
the firearm that identifies it uniquely, including all identification marks;
the owner’s full name, address, date of birth and thumbprint; and any
other information DESPP deems appropriate.
As under existing law, the name and address are confidential and
may be disclosed only to (1) law enforcement agencies and U.S.
Probation Office employees carrying out their duties and (2) the
DMHAS commissioner to carry out gun-related duties
Locations Where Registered Weapon May Be Kept. Under
existing law and the bill, anyone who possesses a registered assault
weapon may possess it only:
1. at his or her home, business place, other property he or she owns,
or on someone else’s property with the owner’s permission;
2. at a target range of a public or private club or organization
organized for target shooting;
3. at a target range that holds a regulatory or business license for
target shooting;
4. at a licensed shooting club;
5. while attending a firearms exhibition, display, or educational
project sponsored by, conducted under the auspices of, or
approved by a law enforcement agency or nationally or state-
recognized entity that fosters proficiency in, or promotes
education about, firearms; or 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 24 4/17/23
6. while transporting the weapon, in compliance with pertinent
law, between any of the above places, or to a gun dealer for
servicing or repair.
Certificate of Possession Exemptions. Under the bill, as under the
current assault weapons ban law, law enforcement entities, sworn and
duly certified enforcement officers, or nuclear power plants operating
in Connecticut and their security contractors who lawfully use assault
weapons for official duties do not have to obtain a certificate of
possession for 2023 assault weapons. But if an officer buys a 2023 assault
weapon for his or her official duties and then subsequently retires or is
separated from service, he or she must apply to DESPP within 90 days
of retiring or being separated.
Under the bill, anyone who previously obtained a certificate of
possession and has a 2023 assault weapon does not have to obtain a
subsequent certificate. He or she is deemed to have obtained a certificate
for the weapon under the assault weapons laws.
Gun Manufacturer and Dealer Exemption
As under existing law, the bill allows gun manufacturers to
manufacture and transport 2023 assault weapons for sale (1) to exempt
parties in Connecticut and (2) out of state (CGS § 53-202i). It allows gun
dealers who lawfully possess assault weapons to (1) transfer the
weapons between dealers or out of state, (2) display them at gun shows
licensed by a state or local government entity, or (3) sell them to
residents out of state. It also allows gun dealers to take possession of
registered weapons or transfer them for servicing or repair to a licensed
gunsmith (1) in their employ or (2) under contract to provide
gunsmithing services to them (CGS § 53-202f).
Temporary Transfer and Possession of Assault Weapons
As under existing law, the bill also allows the temporary possession
and transfer of a registered 2023 assault weapon for certain out-of-state
events, such as shooting competitions, exhibitions, displays or
educational projects about firearms sponsored by, conducted under the
auspices of, or approved by a law enforcement agency or a nationally or 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 25 4/17/23
state-recognized entity that fosters proficiency in firearms use or
promotes firearms education (CGS § 53-202h).
Sales, Bequests, or Intestate Succession
The bill prohibits a 2023 assault weapon lawfully possessed with a
certificate of possession to be sold or transferred on or after the bill’s
effective date to anyone in Connecticut except (1) a licensed gun dealer;
(2) to DESPP or local police departments; or (3) by bequest or intestate
succession, or upon death, to a trust or from a trust to a beneficiary who
is eligible to possess the weapon.
Transfer for Sale Out-of-State
Until December 31, 2023, the bill allows anyone who lawfully
possesses a 2023 assault weapon on the day before the bill takes effect,
to transfer possession of the weapon to a licensed gun dealer in or
outside of Connecticut for an out-of-state sale. He or she may transport
the weapon to the dealer for transfer purposes without obtaining a
certificate of possession.
Dealer, Pawnbroker, and Consignment Shops
Until October 1, 2023, the bill allows a licensed gun dealer, licensed
pawnbroker, or consignment shop operator to transfer possession of a
2023 assault weapon to a person who:
1. legally possessed it before the bill’s effective date;
2. placed the weapon in the possession of the dealer, pawnbroker,
or operator before the bill passed under an agreement to sell the
weapon to a third person; and
3. is eligible to possess it on the date it is transferred back to the
person.
Relinquishment of Assault Weapon to Law Enforcement Agency
Existing law, unchanged by the bill, allows an individual to arrange
in advance to relinquish an assault weapon to a police department or
DESPP (CGS § 53-202e). 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 26 4/17/23
Penalties
The same penalties that apply under existing law involving currently
banned assault weapons apply to the 2023 assault weapons. With some
exceptions, it is a:
1. class D felony with a mandatory minimum one-year prison term
to possess a banned assault weapon, and
2. class C felony with a mandatory minimum two-year prison term
to give, transfer, keep, sell, or distribute banned assault weapons
(CGS § 53-202b(a)(1)).
For transfers, sales, or gifts to people under age 18, the court must
impose an additional six-year mandatory minimum, in addition and
consecutive to the term for the underlying offense (CGS § 53-202b(a)(2)).
Background — Assault Weapons
Under current law, an “assault weapon” is any selective-fire firearm
capable of fully automatic, semiautomatic, or burst fire or any parts
designed or intended to convert a firearm into an assault weapon or
from which an assault weapon may be rapidly assembled if possessed
or under the control of the same person. It includes (1) specified
semiautomatic firearms banned by name and (2) others classified based
on their features (e.g., semiautomatic, centerfire rifles that can accept a
detachable magazine and have at least one other specified feature and
semiautomatic pistols or centerfire rifles with a fixed magazines that can
hold more than 10 rounds).
The law excludes from the definition of an assault weapon, any parts
or combination of parts of a lawfully possessed assault weapon, that are
not assembled as an assault weapon, when possessed for purposes of
servicing or repair, by a licensed gun dealer or gunsmith in the dealer’s
employ. The definition also does not include any firearm rendered
permanently inoperable.
EFFECTIVE DATE: Upon passage
§ 29 — LARGE CAPACITY MAGAZINES 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 27 4/17/23
Makes illegally possessing an LCM a class D felony, for all offenses and regardless of
when it was obtained
The bill makes illegally possessing a large capacity magazine (LCM)
a class D felony, for all offenses and regardless of when the LCM was
obtained.
Under current law, with exceptions, anyone who possesses an
undeclared LCM that was obtained (1) before April 5, 2013, has
committed an infraction and is fined up to $90 for a first offense and
then is guilty of a class D felony for subsequent offenses and (2) after
April 5, 2013, is guilty of a class D felony. Existing law allows certain
individuals including law enforcement to possess, purchase, or import
LCMs and other individuals, such as those who have declared
possession, to possess LCMs (CGS § 53-202w(d) & (e)).
By law, an LCM is any firearm magazine, belt, drum, feed strip, or
similar device that can hold, or can be readily restored or converted to
accept, more than 10 rounds of ammunition. It excludes:
1. feeding devices permanently altered so that they cannot hold
more than 10 rounds,
2. .22 caliber tube ammunition feeding devices,
3. tubular magazines contained in a lever-action firearm, and
4. permanently inoperable magazines.
§§ 30-31 & 33-35 — DISQUALIFYING OFFENSE S
Expands the list of disqualifying offenses for possessing or carrying a firearm to include
misdemeanor convictions for offenses designated as family violence crimes and those
prohibited under federal law due to misdemeanor domestic violence convictions or being a
fugitive of justice; adds these offenses as reasons someone may be guilty of certain criminal
firearm possession laws; increases, by one day, the two-year mandatory minimum prison
sentence for criminal possession of a firearm, ammunition, or electronic weapon and
makes those convicted of this crime eligible for special parole
Existing law prohibits certain individuals with disqualifying offenses
from receiving credentials to possess or carry firearms. For long gun and
handgun eligibility certificates and handgun permits, the bill prohibits
the DESPP commissioner from issuing these credentials if the person (1) 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 28 4/17/23
has been convicted of a misdemeanor of any law designated a family
violence crime or (2) is prohibited under federal law from shipping,
transporting, possessing, or receiving a firearm because he or she is a
fugitive from justice or has been convicted of a misdemeanor crime of
domestic violence (see Background).
It also expands the crimes of criminal possession of a firearm,
ammunition, or an electronic defense weapon and criminal possession
of a handgun to include possession by such a person. For family
violence crimes, it includes those committed on or after October 1, 2023.
Under current law, a violation of these crimes is a class C felony with a
two-year mandatory minimum prison sentence and a $5,000 minimum
fine, which may not be remitted or reduced unless the court states on
the record its reasons for doing so. The bill increases, by one day, the
two-year mandatory minimum prison sentence for criminal possession
of a firearm, ammunition, or electronic weapon. In doing so, it makes
those convicted of this crime eligible for special parole, which is a closer
and more rigorous form of supervision (CGS § 54-125e).
Background
Family Violence Crime. By law, a “family violence crime” is a crime,
other than a delinquent act, that involves an act of family violence to a
family or household member. It does not include acts by parents or
guardians disciplining minor children unless these acts constitute
abuse.
Generally, “family violence” is physical harm or the threat of violence
between family or household members, including stalking or a pattern
of threatening, but excluding verbal abuse or arguments unless there is
present danger and likelihood of physical violence (CGS § 46b-38a).
Fugitive From Justice. Under federal law, a “fugitive from justice”
is anyone who has fled from any state to avoid prosecution for a crime
or to avoid giving testimony in any criminal proceeding (18 U.S.C. § 921
(a)(15)).
Misdemeanor Crime of Domestic Violence. Under federal law, a 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 29 4/17/23
“misdemeanor crime of domestic violence” is an offense that (1) is a
misdemeanor under federal, state, or tribal law; (2) has, as an element,
the use or attempted use of physical force, or the threatened use of a
deadly weapon; and (3) was committed by someone with a domestic
relationship with the victim (e.g., former or current spouse), with certain
exceptions (18 U.S.C. 921(a)(33)).
§§ 30-31 & 33 — ADDITIONAL EDUCATIONAL R EQUIREMENTS
Modifies the firearm safety training requirements for long gun and handgun eligibility
certificates and handgun permits, including requiring at least four hours of classroom
training with at least two hours of instruction on state laws on firearm ownership and
use, plus an additional two hours of live-fire training
Under current law, applicants for long gun and handgun eligibility
certificates and handgun permits must have successfully completed a
DESPP-approved firearm safety and use course, which may include one
(1) available to the public offered by a local law enforcement agency,
private or public educational institution, firearms training school, using
instructors certified by the National Rifle Association (NRA) or DEEP or
(2) conducted by an NRA or state-certified instructors.
For applications for these credentials filed on or after July 1, 2024, the
bill instead requires applicants to complete, within one year of
submitting their applications, at least four hours of classroom training,
including at least two hours of instruction on state laws on firearm
ownership and use, plus an additional two hours on live-fire training,
including training on handguns, including for a long gun eligibility
certificate. It specifies anyone holding a valid handgun permit before
July 1, 2024, need not participate in any additional training.
The bill allows anyone who wants to provide the course for handgun
permits to apply to the commissioner as he prescribes. He must approve
or deny the application for the course by July 1, 2024, if the application
was submitted by October 1, 2023.
§§ 32 & 36 — DESIGN FEATURES
Requires semiautomatic handguns manufactured after January 1, 2024, to be equipped
with a loaded chamber indicator and a magazine disconnect lockout, if it accepts a
detachable magazine; expands the requirement that gun dealers give trigger locks and a 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 30 4/17/23
related written warning to all firearm buyers at the time of sale, rather than just handgun
buyers
Chamber Indicator and Magazine Disconnect Lockout
The bill generally prohibits anyone from selling, delivering, or
transferring any semiautomatic handgun manufactured after January 1,
2024, unless the handgun is equipped:
1. with a loaded chamber indicator (i.e., a device that plainly
indicates that a cartridge is in the firing chamber) and
2. if it accepts a detachable magazine, with a magazine disconnect
lockout (i.e., a mechanism that prevents the handgun from
operating to strike the ammunition primer in the firing chamber
when a detachable magazine is not inserted in the handgun).
This prohibition does not apply to (1) federal, state, or municipal law
enforcement agencies purchasing handguns for officers to use in
performing their law enforcement duties; (2) firearms legally
transferred from ineligible individuals; (3) antique handguns; and (4)
transactions between federally licensed gun dealers, importers, and
manufacturers.
Trigger Locks
Under current law, any gun dealer selling a handgun must give the
purchaser a reusable trigger lock, gun lock, or appropriate gun locking
device at the time of sale. The bill expands this requirement to all firearm
sales, rather than just handguns, but does not define what constitutes a
firearm for this purpose.
As under current law for handgun sales, the gun dealer must equip
the firearm with the trigger lock at the time of sale. The device must be
made of material strong enough to prevent it from being easily disabled
and have a locking mechanism accessible by a key or other electronic or
mechanical accessory specific to the lock to prevent unauthorized
removal. Dealers must also give the buyers a specified written warning.
As under existing law, each violation by a dealer is punishable by up
to a $500 fine. 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 31 4/17/23
EFFECTIVE DATE: January 1, 2024, for the chamber indicator and
magazine disconnect lockout provision.
§ 37 — CARRYING LOADED LONG GUNS IN MOTO R VEHICLES
Expands the prohibition on carrying or possessing loaded shotguns, rifles, or
muzzleloaders in motor vehicles to include all long guns
Current law prohibits anyone from carrying or possessing a loaded
shotgun, rifle, or muzzleloader in any vehicle or snowmobile. The bill
specifies that this prohibition applies to all long guns (i.e., firearms other
than handguns).
As under existing law, this prohibition does not apply to
servicemembers while on duty or travelling to or from assignments or
to enforcement officers, security guards, or other people employed to
protect property while in the performance of their duties. A violation is
a class D misdemeanor (punishable by up to 30 days imprisonment, up
to a $250 fine, or both).
EFFECTIVE DATE: July 1, 2023
§ 38 — BODY ARMOR
Modifies the definition of “body armor” to include specified clothing inserts; requires
those buying or receiving body armor to have certain gun-related credentials; expands
purchase exemptions to include judicial marshals and probation officers
Under current law, “body armor” is any material designed to be
worn on the body and to provide bullet penetration resistance. The bill
instead defines it as any item designed to be worn on or under clothing,
like a vest or other article of clothing, or any plate designed to provide
bullet penetration resistance when inserted into a vest or other article of
clothing.
Current law generally requires the sale or delivery of the body armor
to be in person. The bill also requires a person who buys or receives
body armor to have a local gun dealer permit, handgun permit,
eligibility certificate for handgun or long gun, or ammunition certificate.
The bill extends the current penalty for criminal possession of body
armor to the gun-related credential requirement, making it a class B
misdemeanor (punishable by imprisonment for up to six months, a fine 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 32 4/17/23
of up to $1,000, or both) if a purchaser violates either requirement.
Current law exempts, from the in-person requirement, certain law
enforcement officials, among others. The bill exempts these individuals
from the bill’s gun-related credential requirement and expands the list
to include judicial marshals or probation officers.
As under existing law, it is a class A misdemeanor for anyone
convicted of specific felonies or a serious juvenile offense to possess
body armor.
§§ 39-42 & 47-48 — SERIOUS FIREARM OFFEN DER
Sets more stringent release conditions for serious firearm offenders; allows or requires
prosecutors to petition the court for bond amounts of up to 30% depending on prior
convictions; lowers the evidentiary threshold for courts to revoke a defendant’s release
under certain circumstances involving serious firearm offenses and requires revocation
under these circumstances; requires certain bail to be forfeited when the defendant
commits a serious firearm offense while released; requires probation officers to seek arrests
for certain serious firearm offenders or offenses
The bill imposes different conditions for release for serious firearm
arrests depending on whether the arrested person has prior convictions
for certain crimes. For those without these prior convictions, the bill
generally follows the same release procedures as current law, while only
allowing those with these prior convictions to be released by posting
bond.
Serious Firearm Offenses and Offenders
Under the bill, a “serious firearm offense” is:
1. illegally possessing an LCM (CGS § 53-202w, as amended by the
bill);
2. possessing a stolen firearm or a firearm that is altered in a way
that makes it unlawful;
3. altering, removing, or defacing a firearm’s identification mark,
serial number, or name (CGS § 29-36);
4. manufacturing, possessing, or transferring a firearm without the
number or mark (CGS § 29-36a, as amended by the bill); or 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 33 4/17/23
5. knowingly, recklessly, or with criminal negligence, facilitating,
aiding, or abetting, the manufacture of a firearm (a) by someone
prohibited by law from purchasing or possessing a firearm or (b)
that a person is otherwise prohibited by law from purchasing or
possessing (CGS § 29-36a, as amended by the bill).
A “serious firearm offender” is a person who has been convicted of
a:
1. serious firearm offense twice;
2. serious firearm offense and was previously convicted of a
violation of (a) altering, removing, or defacing a firearm’s
identification mark, serial number, or name; (b) manufacturing,
possessing, or transferring a firearm without an identification
serial number or mark; (c) knowingly, recklessly, or with criminal
negligence, facilitating, aiding, or abetting, the manufacture of a
firearm, as described above; or (d) criminally possessing a
firearm, ammunition, or electronic defense weapon or handgun
due to specified disqualifying offenses; or
3. serious firearm offense and was previously convicted of at least
two other felony offenses.
Notification
Current law allows probation officers to notify the police if they have
probable cause to believe that a person on probation has violated his or
her probation conditions. The bill requires them to do so if the person is
a serious firearm offender or is on probation for a felony conviction and
has been arrested for committing a serious firearm offense. As under
existing law, this notice is sufficient warrant for the police to arrest the
person and return him or her into the court’s custody.
Arrest Warrant
The bill requires a probation officer who has probable cause to believe
that a serious firearm offender on probation has violated a probation
condition to apply to any judge for a warrant to arrest the person for the
probation condition or conditional discharge violation. The officer must 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 34 4/17/23
also apply for a warrant if he or she knows that a person on probation
for a felony conviction has been arrested for committing a serious
firearm offense. As under existing law, the warrant authorizes the
officer to return the defendant into the court’s custody or to any suitable
detention facility.
Hearing Deadline
Under current law, when someone is arrested for violating the
conditions of parole or conditional discharge, the court generally must
dispose the charge or schedule a hearing within 120 days after
arraignment. The bill shortens this period to 60 days for a defendant
who is a serious firearm offender or is on probation for a felony
conviction and has been arrested for a serious firearm offense.
Probation Revocation
The bill requires the court to revoke the sentence of probation or
conditional discharge if the violation consists of committing a serious
firearm offense or the defendant is a serious firearm offender. Under
current law, the court has discretion on whether to revoke the probation
or continue, modify, or extend it.
Bail
The bill creates a rebuttable presumption that a serious firearm
offender poses a danger to the safety of others regarding release on bail.
For applying the bail release laws, this applies to any serious firearm
offender arrested and charged with a crime or any felony offender
arrested for a serious firearm offense.
Conditions for Release for Serious Firearm Arrests
The bill imposes different conditions for release for serious firearm
arrests depending on whether the arrested person has prior convictions
for certain crimes. For those without these prior convictions, the bill
generally follows the same release procedures as current law, except
prosecutors can petition the court to deem the person as a serious risk
to the safety of others. If granted, the person may be released only upon
executing a bond of at least 30%. 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 35 4/17/23
Conditions of Release. As under current law for other arrests, when
any arrested person charged with committing a serious firearm offense,
other than a person with certain prior convictions (see below), is
presented before the Superior Court in bailable offenses, the court must
promptly order the person’s release with one of four specified
conditions (i.e., written promise to appear without special conditions or
with non-financial conditions or bond with or without surety in no
greater amount than necessary). Under current law, the court must
consider which of these conditions of release are sufficient to reasonably
assure the arrested person’s appearance in court. For those charged with
a serious firearm offense, the bill additionally requires the court to
consider which conditions will ensure that the person will not endanger
the safety of others.
Petition. The bill allows the prosecutor to (1) petition the court to
deem the person a serious risk to the safety of others and (2) present any
information developed by federal, state, and local law enforcement
agencies during a criminal investigation or enforcement action,
including, social media posts, pictures, or videos threatening violence,
claiming responsibility for violence, or suggesting firearm possession.
Bond Amount. If the court finds that the arrested person is a serious
risk to the safety of others, he or she may only be released upon the
execution of a bond and the arrested person must deposit at least 30%
of any bond amount directly with the court.
Drug Testing and Treatment. As under current law, when the court
has reason to believe that the person is drug-dependent, and where
necessary, reasonable, and appropriate, it may order the person to
submit to a urinalysis drug test and to participate in a program of
periodic drug testing and treatment. The result of the drug test is not
admissible in any criminal proceeding concerning the person.
Release Condition Factors. Under the bill, in determining what
release conditions will reasonably assure the arrested person’s
appearance in court and that the safety of others will not be endangered,
the court may generally consider the same factors as current law allows 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 36 4/17/23
for certain felony arrests. This includes the (1) number and seriousness
of pending charges, (2) weight of the evidence, (3) person’s history of
violence, (4) person’s previous convictions for similar offenses while
released on bond, and (5) likelihood based on his or her express
intentions that he or she will commit another crime while released.
As under existing law for releases for certain felony arrests, the bill
requires the court, when imposing conditions of release, to state for the
record any of the factors that it considered and the findings it made as
to the danger, if any, that the arrested person might pose to the safety of
others upon his or her release.
Nonfinancial Condition of Release. The bill appears to allow the
court to impose nonfinancial conditions of release for serious firearm
offenders without certain prior convictions under the same conditions
as under current law for other offenders. (However, the bill does not
make a related conforming change allowing the court to impose
nonfinancial conditions for these serious firearm offenders.)
Specifically, the court must order the least restrictive condition or
conditions needed to reasonably assure the person’s appearance in court
and that the safety of another person will not be endangered. The
conditions may include supervision by a designated person or
organization, travel or living accommodation restrictions, and electronic
monitoring, among others.
As under current law, the court (1) must state on the record its
reasons for imposing any nonfinancial condition and (2) may require the
person who is subject to electronic monitoring to pay for the cost of these
services.
Release Conditions for Serious Firearm Arrests With Certain Prior
Convictions
The bill sets more stringent release conditions for those committing a
serious firearm offense with certain prior convictions. Defendants may
only be released on bond in an amount needed to reasonably assure the
person’s appearance in court and that the safety of others will not be
endangered. 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 37 4/17/23
The bill also (1) requires a prosecutor to petition for the arrested
person to deposit at least 30% of the bond amount directly with the court
and (2) establishes a rebuttable presumption that the safety of others
will be endangered without the granting the petition. As under current
law and the bill’s provisions for serious gun offenders without prior
convictions, the court may order the person to submit to a urinalysis
drug test and participate in a drug testing and treatment program under
the same circumstances and procedures described above.
These release conditions apply to those who are arrested for a serious
firearm offense and (1) are serious firearm offenders or (2) have two or
more convictions during the five-year period immediately before the
current arrest for (a) illegally manufacturing, distributing, selling,
prescribing, or dispensing certain illegal substances (CGS §§ 21a-277 &
-278) or (b) 1st or 2nd degree larceny (CGS §§ 53a-122 & -123). These
conditions also apply for those with two prior convictions for the
violations shown in the table below.
Table: Prior Convictions for More Stringent Release Conditions
Carry handgun without permit, open carry of
firearms, or carry of firearms in certain
alcohol establishments
(CGS § 29-35, as amended by the bill)
Manslaughter 1st degree
(CGS § 53a-55)
Alter, remove, or deface firearm serial
number
(CGS § 29-36)
Manslaughter 1st degree with a firearm
(CGS § 53a-55a)
Manufacture or transfer “ghost gun” or
possess one without declaring it or applying
for serial number
(CGS § 29-36a)
Manslaughter 2nd degree
(CGS § 53a-56)
Possession or use of machine gun or
transfer one to someone under age 16
(CGS § 53-202)
Manslaughter 2nd degree with a firearm
(CGS § 53a-56a)
Assault weapons (definitions only)
(CGS § 53-202a, as amended by the bill)
Assault 1st degree
(CGS § 53a-59)
Sale or transfer of assault weapons
(CGS § 53-202b)
Assault 2nd degree
(CGS § 53a-60)
Possession of assault weapons
(CGS § 53-202c)
Assault 2nd degree with a firearm
(CGS § 53a-60a)
Possessing, purchasing, selling, or Robbery 1st degree 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 38 4/17/23
importing large capacity magazines
(CGS § 53-202w, as amended by the bill)
(CGS § 53a-134)
Firearms trafficking
(CGS § 53-202aa)
Stealing a firearm
(CGS § 53a-212)
Manufacturing firearm from certain plastic
(CGS § 53-206i)
Criminal use of firearm or electronic
defense weapon
(CGS § 53a-216)
Murder
(CGS § 53a-54a)
Criminal possession of firearm, ammunition,
or electronic defense weapon
(CGS § 53a-217, as amended by the bill)
Murder with special circumstances
(CGS § 53a-54b)
Possession of weapon on school grounds
(CGS § 53a-217b)
Felony murder
(CGS § 53a-54c)
Criminal possession of handgun
(CGS § 53a-217c, as amended by the bill)
Arson murder
(CGS § 53a-54d)
Not Released. As under existing law, if an arrested person is not
released, the court must order him or her committed to DOC custody
until the person is released or discharged under the law.
Revocation of Release
The bill (1) lowers the evidentiary threshold for courts to revoke a
defendant’s release if he or she is a serious gun offender or released
under the offenses listed in the table above and (2) makes the revocation
mandatory upon certain findings.
By law, with certain exceptions, the court may impose new or
additional conditions on a defendant’s release if it finds by clear and
convincing evidence that he or she violated the release conditions. For
offenses where a prison term of 10 or more years may be imposed,
existing law allows the court to revoke the defendant’s release if it finds
by clear and convincing evidence that the safety of others is endangered
by his or her release and there is probable cause to believe he or she
committed a federal, state, or local crime while released. There is a
rebuttable presumption that these defendants’ release should be
revoked. The bill extends these provisions to defendants who are
serious firearm offenders or on release for a serious firearm offense,
except as described below. 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 39 4/17/23
If the defendant is a (1) serious firearm offender and is on release for
any offense or (2) on release for one of the offenses listed in the table
above, the court must revoke the release if it finds by the preponderance
of the evidence that there is probable cause to believe the defendant has
committed a serious firearm offense while released. As under current
law for revocations, before the revocation, the court must hold an
evidentiary hearing where hearsay or secondary evidence is admissible.
Bond Forfeiture
Under the bill, the bond posted in the criminal proceeding for any
offense for which the defendant was on pretrial release is forfeited if the
defendant commits a serious firearm offense while released. The
forfeiture occurs if the defendant is subsequently convicted of any
offense he or she was released for, and a serious firearm offense
committed while released.
As under existing law, the revocation of a defendant’s release causes
any bond posted in a criminal proceeding to be automatically
terminated and the surety to be released.
§ 43 — RETURN TO CUSTODY
Requires the DOC commissioner to request a parolee to be returned to custody without a
written warrant if he or she is a serious firearm offender and is arrested while on parole for
a serious firearm offense
Under current law, the DOC commissioner or an officer he
designates, or the pardons and paroles board or its chairperson, may
authorize and require a DOC officer or other officer authorized to serve
process to arrest, hold, and return a parolee into custody without a
written warrant. The bill requires the commissioner to do this if the
parolee is a serious firearm offender who is arrested while on parole for
a felony offense or if the parolee is arrested for a serious firearm offense.
§ 44 — FIREARMS-RELATED CRIME DOCKET
Requires the chief court administrator to establish firearm-related crime dockets in certain
courts
The bill requires the chief court administrator, by December 31, 2023,
to establish a firearm-related crime docket to serve the geographical area
courts in Fairfield, Hartford, New Haven, and Waterbury. He must 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 40 4/17/23
establish policies and procedures to implement this docket.
EFFECTIVE DATE: Upon passage
§ 45 — EMERGENCY PET ITION
Requires a police officer or prosecutor, when aware that someone released on parole or
probation is a threat to public safety, to file an emergency petition for the probation or
parole office to take specified steps
The bill allows any sworn peace officer of a law enforcement agency
or any prosecutorial official who is aware of a parolee or person on
probation who poses a serious threat to public safety to file an
emergency petition with the probation or parole office’s supervisory
staff, as applicable, and a copy with the Chief State’s Attorney’s office.
The petition must include the risk factors pointing to the person as a
serious public safety threat and may present any information developed
by federal, state, and local law enforcement agencies in a criminal
investigation or enforcement action. This information may include
social media posts, pictures, or videos threatening violence, claiming
responsibility for violence, or suggesting firearm possession.
Within 48 hours after receiving the petition, the applicable
supervisory staff must (1) seek a warrant for the person serving
probation for a violation of the probation or (2) provide the reason for
not seeking one.
BACKGROUND
Related Bills
HB 6684 (File 359), favorably reported by the Public Safety and
Security Committee, among other things, broadens the types of target
shooting pistols eligible for the assault weapons exemption to include
those designed and sanctioned for events other than the Olympic
Games.
sHB 6817, favorably reported by the Judiciary Committee, requires
(1) the DESPP commissioner to make a decision on a handgun permit
application if the applicant presents an affidavit that the local authority
failed to expressly deny it during the required timeframe, (2) DESPP to
develop a response plan for mass shooting events, and (3) law 2023HB-06667-R000641-BA.DOCX
Researcher: DC Page 41 4/17/23
enforcement agencies to post a notice informing individuals about their
right to request and obtain an application for a handgun permit and
related rights.
sHB 6816, favorably reported by the Judiciary Committee, requires
DESPP to study and report on the merits and feasibility of requiring
semiautomatic handguns sold in the state to contain a microstamping
component.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 23 Nay 14 (03/28/2023)