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OLR Bill Analysis
sHB 6667 (as amended by House "A" and "B")*
AN ACT ADDRESSING GUN VIOLENCE.
TABLE OF CONTENTS:
SUMMARY
§§ 1 & 2 — PROHIBITION ON CARRYING A FIREARM WITH INTENT
TO DISPLAY IT
With exceptions, prohibits anyone from knowingly carrying any firearm with intent to
display it; makes violations of this prohibition a class B misdemeanor for a first offense and
a class A misdemeanor for subsequent offenses; requires law enforcement units to
annually report on any stops conducted on suspicion of a violation of the bill’s intent to
display prohibition
§ 1 — HANDGUN PERMIT CARR Y EXEMPTION
Allows anyone to possess a gun without a handgun permit on land he or she owns or
leases
§ 3 — GHOST GUNS
Beginning January 1, 2024, generally prohibits anyone from possessing ghost guns, with
certain exceptions; 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; establishes a reduced
penalty based on a person’s eligibility to possess firearms, making violations a class C
felony for those who are ineligible and a class C misdemeanor for those who are eligible
§§ 4-11, 13-14, 16 & 33 — GUN DEALER PERMIT FOR FIREARM
SALES
Expands the local gun dealer’s permit to cover all firearm sales, rather than just handgun
sales; places additional prohibitions and requirements on dealers, including annually
conducting a physical inventory reconciliation
§§ 9, 17-19 & 21-22 — HANDGUN SALE LIMITATION
Generally limits a person to only three handgun retail purchases in a 30-day period and
makes violations a class C felony; allows certified NRA instructors to be sold up to six
handguns in a 30-day period
§§ 12 & 20 — GUN STORAGE
Extends the firearm safe storage law to all firearms people store or keep on their premises,
rather than only under specified circumstances; expands the scope of the crime of
negligently storing a firearm to apply when anyone, not just a minor, obtains an
unlawfully stored firearm and injures or kills himself or herself or someone else 2023HB-06667-R010841-BA.DOCX
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§ 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
§§ 15, 23-26 & 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 get a certificate of possession or transfer or sell the
weapon
§ 27 — LARGE CAPACITY MAG AZINES (LCM)
Bifurcates the penalties for LCM violations based on a person’s eligibility to possess
firearms, making violations a class D felony for those who are ineligible and a class A
misdemeanor for those who are eligible; allows defendants to enter diversionary programs
§§ 28-32 — 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
§§ 28-30 — ADDITIONAL EDUCATIONAL REQUIREMENTS
Specifies that firearm safety training requirements for long gun and handgun eligibility
certificates and handgun permits must be completed within two years before applying;
requires training courses to include instruction on state law requirements on safe firearm
storage and lawfully using firearms and carrying firearms in public
§ 33 — TRIGGER LOCKS
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
§ 34 — 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
§ 35 — BODY ARMOR
Requires those buying or receiving body armor to have certain gun-related credentials;
expands purchase exemptions to include judicial marshals, probation officers, federal
firearms licensees, and emergency medical service organization employees
§§ 36-39 & 43-44 — 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
§ 40 — RETURN TO CUSTODY 2023HB-06667-R010841-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
§ 41 — FIREARMS-RELATED CRIME DOCKET
Requires the chief court administrator to establish firearm-related crime dockets in certain
courts
§ 42 — 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
§ 45 — PENALTY FOR FAILING TO REPORT LOST OR STOLEN
FIREARM OR ASSAULT W EAPON
Increases the penalty for a first offense of failing to report the loss or theft of a firearm or
assault weapon from an infraction to a class A misdemeanor
§ 46 — HANDGUN CARRY PERMIT
Requires 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 or
approve a temporary state permit application after a specified period; requires the local
authority or DESPP to give a detailed written response when denying an application
§ 47 — MASS SHOOTING EVENT RESPONSE
Requires (1) DESPP’s civil preparedness plan to include a response plan for a mass
shooting event, (2) grief counselors and mental health professionals be deployed to help
family members or other people closely connected to victims of mass shootings, and (3) the
DESPP commissioner and chief state’s attorney to coordinate and report on mass shooting
investigations
§ 48 — POLICE NOTICE OF FIREARM RIGHTS AND RISK
PROTECTION ORDER APPLICATION PROCESS
Requires law enforcement units to post public notices informing people of various firearm-
related rights, including specified information about the permit process and the right to
own, possess, and carry firearms
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 with intent to display it and (b) having a ghost gun
beginning January 1, 2024;
2. generally limits a person to only purchasing three handguns in a 2023HB-06667-R010841-BA.DOCX
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30-day period;
3. requires various gun safety measures, including safe storage of
all firearms and trigger locks;
4. expands the assault weapons ban to include more firearms and
provides a process for those who lawfully own these weapons to
get a certificate of possession or transfer or sell the weapon;
5. establishes reduced penalties for possessing ghost guns and
undeclared large capacity magazines (LCM) for violators who
are eligible under state and federal law to possess firearms;
6. specifies the firearm safety training for gun credentials must be
completed two years before applying and requires training
courses to include additional training (e.g., safe firearm storage);
7. sets stricter release conditions for serious firearm offenders,
including only allowing those with certain prior convictions to be
released by posting bond;
8. establishes firearm-related crime dockets in certain courts;
9. 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;
10. increases the penalty for a first-time unintentional failure to
report the loss or theft of a firearm from an infraction to a class A
misdemeanor;
11. requires the Department of Emergency Services and Public
Protection (DESPP) (a) to make a decision on a permit
requirement to carry a pistol or revolver (i.e., handgun permit)
application if the applicant presents an affidavit that the local
authority failed to expressly deny or approve a temporary state
permit application after a specified period and (b) civil
preparedness plan to include a response plan for a mass shooting
event; and 2023HB-06667-R010841-BA.DOCX
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12. requires law enforcement units to post public notices informing
people of various firearm-related rights, including specified
information about the permit process, and how to apply for a
risk-protection order.
The bill also makes various minor, technical, and conforming
changes.
*House Amendment “A” (1) adds the provisions on reporting lost or
stolen firearm penalties, handgun carry permit decisions, mass shooting
event responses, and police notice of firearm rights; (2) eliminates the
provisions from the underlying bill on the open carry prohibition in
alcoholic liquor permit premises, gun dealer licenses, 10-day waiting
periods, increasing the minimum age for long gun sales, and requiring
loaded chamber indicators; (3) prohibits the carrying of firearms with
intent to display rather than prohibiting open carry as in the underlying
bill; (4) bifurcates the ghost gun and LCM penalties based on eligibility
to carry firearms; (5) adds requirements and prohibitions to gun dealer
permittees; (6) allows those with a federal exemption to get a certificate
of possession for 2023 assault weapons; (7) removes the minimum hour
educational requirements from the underlying bill and instead requires
certain classes (e.g., safe storage); (8) expands the body armor purchase
exemption; (9) adds an additional offense that qualifies as a serious
firearm offense; (10) modifies the offenses that qualify as prior offenses
for the purposes of the serious firearm offender provision; and (11)
makes various minor, technical, and conforming changes.
*House Amendment “B” (1) adds an exception to the handgun permit
law to allow anyone to possess a gun without a permit on land he or she
owns or leases, (2) allows defendants to enter diversionary programs for
violations of the (a) bill’s prohibition on carrying a firearm with intent
to display and (b) prohibition on possessing an undeclared LCM, and
(3) makes a technical change.
EFFECTIVE DATE: October 1, 2023, unless otherwise specified
below. 2023HB-06667-R010841-BA.DOCX
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§§ 1 & 2 — PROHIBITION ON CARRYING A FIREARM WITH INTENT
TO DISPLAY IT
With exceptions, prohibits anyone from knowingly carrying any firearm with intent to
display it; makes violations of this prohibition a class B misdemeanor for a first offense and
a class A misdemeanor for subsequent offenses; requires law enforcement units to
annually report on any stops conducted on suspicion of a violation of the bill’s intent to
display prohibition
The bill generally prohibits anyone from knowingly carrying any
firearm with intent to display it, with certain exceptions. 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).
This prohibition does not apply to a person (1) in his or her home, (2)
on land he or she leases or owns, (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 with intent to display if
the person has taken reasonable measures to conceal that he or she is
carrying a firearm. Neither a fleeting glimpse of a firearm nor an imprint
of a firearm through someone’s clothing is a violation. It is also not a
violation if a person displays a firearm temporarily while engaged in
self-defense or other lawful conduct.
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 intent to display
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 2023HB-06667-R010841-BA.DOCX
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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;
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 (e.g., those manufactured in or before
1898).
The bill also exempts a person inspecting a firearm as merchandise
from current law’s requirement to carry a handgun permit and the bill’s
intent to display prohibition.
Firearm Training
The bill expands what is considered “firearm training” for the intent
to display 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 the intent to display prohibition is
guilty of a (1) class B misdemeanor for a first offense (punishable by up 2023HB-06667-R010841-BA.DOCX
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to six months in prison, up to a $1,000 fine, or both) and (2) class A
misdemeanor for subsequent offenses (punishable by up to 364 days
imprisonment, up to a $2,000 fine, or both).
As under existing law for other gun offenses, the bill allows the court
to suspend prosecution of a violation of this provision, in addition to
any other available diversionary programs, if it finds the violation is not
of a serious nature and the person charged (1) will probably not offend
in the future; (2) has not previously been convicted of this provision
(presumably, the intent to display provision); and (3) has not previously
had a prosecution suspended for these violations under the bill’s
provisions.
The bill prohibits the court from ordering a suspended prosecution
unless the accused person has acknowledged that he or she understands
the consequences of the suspension. Anyone who has his or her
prosecution suspended must agree to the tolling of any statute of
limitations on the violation and to waive his or her right to a speedy
trial. The person must appear in court and be released to the Court
Support Services Division’s (CSSD) supervision for up to two years
under court-ordered conditions. If the person refuses to accept or
violates the conditions after accepting them, the court must terminate
the suspension and the case must be brought to trial.
Under the bill, if the person satisfactorily completes probation, he or
she may apply for the court to dismiss the charges, and the court must
dismiss them if it finds such completion. If a person does not apply for
dismissal after satisfactorily completing probation, the court, upon
receiving the CSSD report of completion, may on its own motion make
a finding and dismiss the charges. Upon dismissal, all records of the
charges must be erased according to the erasure of criminal records law
(CGS § 54-142a).
A court order denying a motion to dismiss against a person who has
completed the probation or terminating the participation is a final
judgment for appeal purposes.
Report 2023HB-06667-R010841-BA.DOCX
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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 done on suspicion of a
violation of the bill’s intent to display 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 sent out 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, 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).
§ 1 — HANDGUN PERMIT CARRY EXEMPTION
Allows anyone to possess a gun without a handgun permit on land he or she owns or
leases
Under current law, anyone carrying handguns must generally have
a permit, except no permit or other credential is required in one’s home
or place of business. The bill expands the exemption to also allow a
person to carry a handgun without a permit on land he or she leases or 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 10 5/30/23
owns.
§ 3 — GHOST GUNS
Beginning January 1, 2024, generally prohibits anyone from possessing ghost guns, with
certain exceptions; 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; establishes a reduced
penalty based on a person’s eligibility to possess firearms, making violations a class C
felony for those who are ineligible and a class C misdemeanor for those who are eligible
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
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
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 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 11 5/30/23
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.
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. 2023HB-06667-R010841-BA.DOCX
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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) get
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 get 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
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 doing
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; 2023HB-06667-R010841-BA.DOCX
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3. any antique firearm;
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.
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
The bill establishes a reduced penalty for ghost gun violations based
on a person’s eligibility to possess firearms. For those who are ineligible
under state or federal law, as under current law, any violation of the
ghost guns provisions is a class C felony (punishable by up to 10 years
in prison, 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.
For anyone who is eligible to possess a firearm, any violation of the
ghost gun provisions is a class C misdemeanor (punishable by up to
three months in prison, up to a $500 fine, or both).
EFFECTIVE DATE: Upon passage 2023HB-06667-R010841-BA.DOCX
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§§ 4-11, 13-14, 16 & 33 — GUN DEALER PER MIT FOR FIREARM
SALES
Expands the local gun dealer’s permit to cover all firearm sales, rather than just handgun
sales; places additional prohibitions and requirements on dealers, including annually
conducting a physical inventory reconciliation
Federal law requires anyone in the business of selling firearms to
have a federal firearms license (FFL). 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
type of firearm, rather than just handguns
Under the bill, anyone holding a valid dealer permit for retail
handgun sales issued on or before September 30, 2023, is deemed to be
a holder of a permit for retail firearm sales until the permit expires or is
revoked, suspended, confiscated, or surrendered. The permittee may
then renew the permit as a permit for retail firearm sales. By law, the
local dealer’s permit is $200.
Dealer Prohibitions
The bill places additional prohibitions on dealer permittees. It
prohibits them from:
1. furnishing false or fraudulent information in any DESPP
application or failing to comply with representations made in any
application;
2. failing to maintain a (a) handgun permit or handgun eligibility
certificate and (b) local dealer permit;
3. failing to maintain effective controls against firearm theft,
including installing or maintaining a burglar alarm system as
required under existing law;
4. failing to acquire an authorization number for a firearm transfer; 2023HB-06667-R010841-BA.DOCX
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5. transferring a firearm to a person ineligible to receive it, unless
the permittee relied in good faith on information DESPP
provided in verifying the person’s eligibility;
6. selling, delivering, or otherwise illegally transferring an assault
weapon or LCM or failing to maintain accurate records of the
sale, delivery, or transfer;
7. failing to maintain current and proper acquisition and
disposition records the Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF) requires;
8. failing to post placards or furnish written warnings on unlawful
storage of loaded firearms;
9. failing to provide a trigger lock, gun lock, or gun locking device
with each purchase;
10. failing to verify employees’ age and criminal background;
11. failing to report any firearm stolen as required by state and
federal law (CGS § 53-202g & 18 U.S.C. § 923(g)(6)); or
12. failing to do the annual physical inventory reconciliation the bill
requires (see below).
Violations. Under the bill, if there is probable cause to believe that a
person has failed to comply with these requirements, the DESPP
commissioner or relevant law enforcement authority (i.e., police chief
or, where there is no chief, the municipality’s CEO or the resident state
trooper or relevant state police officer designated by the municipality’s
CEO) may issue a violation notice.
Under the bill, the notice must detail the reasons for issuing the notice
and give the date by which the person must cure the violation, which
must be at least 30 days following the notice’s service. If the cure period
has expired and the commissioner or relevant law enforcement
authority determines the violation continues, he or she may temporarily
prohibit further firearm sales by issuing a stop sales order. The order 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 16 5/30/23
must be effective when served on the person or posted at the permitted
premises. The commissioner or relevant law enforcement authority may
assess a civil penalty of up to $100 per day the violation continues. A
dealer in violation of a stop sales order is guilty of 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.
Anyone against whom a stop sales order is issued against may
request a hearing with the DESPP commissioner to contest the grounds
for the order and any associated civil penalties. The hearing must be
held within seven days of the request’s receipt in accordance with the
Uniform Administrative Procedure Act.
Under the bill, stop sales orders are effective against any successor
entity that has one or more of the same principals or officers as the
corporation, partnership, or sole proprietorship against which the stop
order was issued and are engaged in the same or equivalent trade or
activity.
The bill requires the DESPP commissioner to adopt regulations to
specify any hearing provisions needed to carry out these provisions.
Physical Inventory Reconciliation
The bill also requires dealers, within the first five business days in
October, to annually do a physical inventory reconciliation that includes
comparing the physical inventory of firearms with acquisition and
disposition records that state and federal law require to be maintained
(27 C.F.R. § 478.125(e)). A permittee must, within five business days of
performing the inventory, attest to the DESPP commissioner, in a form
and manner he prescribes, that the recorded inventory was performed
and any firearms that were determined to be missing were reported to
the attorney general and appropriate local authorities as required by
state and federal law (CGS § 53-202g & 18 U.S.C. § 923(g)(6)). State law
requires all lawful firearm owners to report any firearm lost or stolen
within 72 hours after they discover or should have discovered the loss
or theft; federal law requires FFLs to report within 48 hours to the 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 17 5/30/23
relevant authorities.
Limits on Where Gun Dealers May Sell Firearms
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, as required under federal regulations. The
vendor must make the record available for inspection at the request of
state and local law enforcement and a statewide firearms trafficking
taskforce member. The bill (1) extends these recordkeeping
requirements to all firearms, and (2) requires vendors to also make the
records available for inspection by any federal law enforcement agency
investigator for official purposes related to the member’s or
investigator’s employment.
Semi-automatic Centerfire Rifle Sales
Current law generally prohibits any person, firm, or corporation from
selling, delivering, or transferring, at retail, any semi-automatic
centerfire rifle that has or accepts a magazine with a capacity of more
than five rounds to anyone under age 21. The bill expands this
prohibition by applying it to all sales, deliveries, or transfers of these
rifles, not just those at retail.
§§ 9, 17-19 & 21-22 — HANDGUN SALE LIMITATION
Generally limits a person to only three handgun retail purchases in a 30-day period and
makes violations a class C felony; allows certified NRA instructors to be sold up to six
handguns in a 30-day period
Under state law, DESPP serves as the point of contact for initiating a
National Instant Criminal Background Check System (NICS) 2023HB-06667-R010841-BA.DOCX
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background check. With limited exceptions, when anyone sells,
delivers, or transfers a firearm, he or she must contact DESPP, which
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.)
With certain exceptions, the bill limits the number of handguns a
person may sell, deliver, or transfer to any person to three in a 30-day
period. It does so by prohibiting the DESPP commissioner from issuing
more than three authorization numbers for the retail sale of a handgun
for any transferee within a 30-day period, except he may issue up to six
for a National Rifle Association (NRA) certified firearms instructor.
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 an
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);
4. handgun sales, deliveries, and transfers between federally
licensed gun dealers, manufacturers, and importers; or
5. a transfer to a museum at a fixed location that is open to the
public and displays firearms as part of an educational mission.
Under current law, the handgun sale, delivery, and transfer
provisions do not apply between an FFL and (1) federally licensed gun
manufacturers, (2) federally licensed gun importers, or (3) another FFL.
The bill extends this exemption to these transactions between federally 2023HB-06667-R010841-BA.DOCX
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licensed manufacturers.
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).
§§ 12 & 20 — GUN STORAGE
Extends the firearm safe storage law to all firearms people store or keep on their premises,
rather than only under specified circumstances; expands the scope of the crime of
negligently storing a firearm to apply when anyone, not just a minor, obtains an
unlawfully stored firearm and injures or kills himself or herself or someone else
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
firearms, is 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 2023HB-06667-R010841-BA.DOCX
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retrieve and use the firearm as if he or she were carrying it.
Penalty for Criminally Negligent Storage of a Firearm
Under current law, a person is guilty of criminally negligent storage
of a firearm 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. The bill expands the scope
of this crime to include any person, not just minors. It also limits the
exemption to cover any person who obtains the firearm through
unlawful entry and, if the firearm is stolen, requires that it is reported
stolen as existing law requires. As under current law, violators are guilty
of a class D felony.
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, gets a firearm and causes self-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
age.
As under current law, the minimum age requirement does not apply
to sales to:
1. DESPP, DOC, DMV, the Department of Energy and
Environmental Protection (DEEP), the Division of Criminal 2023HB-06667-R010841-BA.DOCX
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Justice (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, 23-26 & 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 get 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 got a certificate of
possession from DESPP for it (i.e., registered it) (CGS §§ 53-202c
& -202d).
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 2023HB-06667-R010841-BA.DOCX
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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.
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 a 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 2023HB-06667-R010841-BA.DOCX
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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 (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 May 1, 2024,
for a certificate of possession for the weapon. This includes anyone 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 May 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. DESPP (1) must accept
applications in both paper and electronic form, to the extent possible,
and (2) is prohibited from requiring applications to be notarized.
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 2023HB-06667-R010841-BA.DOCX
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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.
Federal Reclassification
The bill establishes conditions under which certain individuals may
lawfully possess a 2023 assault weapon if the assault weapon was
reclassified for federal purposes as a rifle under the recent amendments
to federal regulations on commerce in firearms and ammunition (i.e., 27
C.F.R. Parts 478 & 479 (published at 88 Federal Register 6478 (January
31, 2023))). Under the bill, the person must:
1. have applied to register the assault weapon under the federal
National Firearms Act (P.L. No. 73-474) using the form known as
Form 1 that ATF publishes, submitted a copy of the form to
DESPP by August 1, 2023, and ATF must have approved the
application, denied the application within the past 30 days, or not
yet processed the application; and
2. lawfully possessed the assault weapon on the day before the bill
takes effect; and
3. be in compliance with the assault weapons laws.
For these individuals whose applications have not yet been processed
by ATF, the bill allows them to apply to DESPP, by May 1, 2024, for a
temporary certification of possession. This certificate expires on the
earlier of January 1, 2027, and seven days after a Form 1 application
denial.
If the Form 1 application is approved, the person may then apply to
DESPP to convert the temporary certificate into an assault weapon
certificate of possession. A full and complete Form 1 application
submitted to DESPP constitutes a complete application for a temporary
certificate and a copy of a Form 1 application approval constitutes a
complete application to convert. If a complete application to convert is
received, DESPP must approve the application. 2023HB-06667-R010841-BA.DOCX
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DESPP (1) must accept applications in both paper and electronic
form, to the extent possible, and (2) is prohibited from requiring
applications to be notarized.
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
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. 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 26 5/30/23
Under the bill, anyone who previously got a certificate of possession
for an assault weapon before the bill passes that is also a 2023 assault
weapon does not have to get a subsequent certificate. He or she is
deemed to have gotten 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, done under the
auspices of, or approved by, a law enforcement agency or a nationally
or 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 April 30, 2024, the bill allows anyone who lawfully possesses a 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 27 5/30/23
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
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 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).
Penalties
The same penalties that apply under current law involving currently
banned assault weapons apply to the 2023 assault weapons.
By law, it is a class D felony with a mandatory minimum one-year
prison term to possess a banned assault weapon, except that a first
violation is a class A misdemeanor if the person proves that he or she
lawfully possessed the weapon before October 1, 1993, or on April 4,
2013, (depending on the specific weapon) and is otherwise in
compliance. The bill adds another exception for a first-time violator who
can prove he or she lawfully possessed the weapon before the bill
passed and is otherwise in compliance. 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 28 5/30/23
Additionally, by law, it is a 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 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
§ 27 — LARGE CAPACITY MAGAZINES (LCM)
Bifurcates the penalties for LCM violations based on a person’s eligibility to possess
firearms, making violations a class D felony for those who are ineligible and a class A
misdemeanor for those who are eligible; allows defendants to enter diversionary programs
Under current law, it is a class D felony to possess an undeclared
LCM, except it is an infraction with a $90 fine for a first offense if the
LCM was obtained before April 5, 2013. The bill instead makes it a class
D felony if the person is ineligible to possess a firearm, and a class A
misdemeanor if the person is eligible to possess a firearm. 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 29 5/30/23
Under current law, the court may suspend prosecution for violations
of this law under certain conditions. The bill also allows the court to
allow any available diversionary programs to the defendant.
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.
§§ 28-32 — 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
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)
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). 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 30 5/30/23
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
“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)). 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 31 5/30/23
§§ 28-30 — ADDITIONAL EDUCATIONAL REQUIR EMENTS
Specifies that firearm safety training requirements for long gun and handgun eligibility
certificates and handgun permits must be completed within two years before applying;
requires training courses to include instruction on state law requirements on safe firearm
storage and lawfully using firearms and carrying firearms in public
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 NRA or DEEP or (2) conducted by an NRA
or state-certified instructor.
For applications for these credentials filed on or after July 1, 2024, the
bill instead requires applicants to complete, within two years before
submitting their applications, a DESPP-approved course on firearm
safety and use, which may include certified NRA courses or those by
other organizations that are conducted by a certified NRA instructor or
by the state. The course must include instruction on state law
requirements on safe firearm storage in the home and in vehicles and
lawfully using firearms and carrying firearms in public. It specifies
anyone holding a valid handgun permit before July 1, 2024, does not
have to do 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.
§ 33 — TRIGGER LOCKS
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
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. 2023HB-06667-R010841-BA.DOCX
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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.
§ 34 — 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
§ 35 — BODY ARMOR
Requires those buying or receiving body armor to have certain gun-related credentials;
expands purchase exemptions to include judicial marshals, probation officers, federal
firearms licensees, and emergency medical service organization employees
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 provide bullet penetration
resistance and be worn on or under clothing, like 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 2023HB-06667-R010841-BA.DOCX
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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 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, probation officers, federal firearm
licensees, and emergency medical service organization employees (i.e.,
ambulance drivers, emergency medical technicians, and paramedics).
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.
§§ 36-39 & 43-44 — 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; 2023HB-06667-R010841-BA.DOCX
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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);
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); or
6. any crime of which an essential element is that the person
discharged, used, or was armed with and threatened the use of a
firearm.
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 2023HB-06667-R010841-BA.DOCX
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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
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. 2023HB-06667-R010841-BA.DOCX
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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%.
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 2023HB-06667-R010841-BA.DOCX
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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
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 2023HB-06667-R010841-BA.DOCX
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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.
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 (1) two prior convictions for the
violations shown in the table below or (2) a prior conviction of a
violation listed below and a previous conviction of carrying a handgun
without a permit, carrying a firearm with intent to display, or failing to
present a permit to a law enforcement officer who has reasonable
suspicion of a crime (CGS § 29-35, as amended by the bill).
Table: Prior Convictions for More Stringent Release Conditions
Alter, remove, or deface firearm serial
number
(CGS § 29-36)
Manslaughter 1st degree
(CGS § 53a-55)
Manufacture or transfer “ghost gun” or
possess one without declaring it or applying
Manslaughter 1st degree with a firearm
(CGS § 53a-55a) 2023HB-06667-R010841-BA.DOCX
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for serial number
(CGS § 29-36a, as amended by the bill)
Possession or use of machine gun or
transfer one to someone under age 16
(CGS § 53-202)
Manslaughter 2nd degree
(CGS § 53a-56)
Assault weapons (definitions only)
(CGS § 53-202a, as amended by the bill)
Manslaughter 2nd degree with a firearm
(CGS § 53a-56a)
Sale or transfer of assault weapons
(CGS § 53-202b)
Assault 1st degree
(CGS § 53a-59)
Possession of assault weapons
(CGS § 53-202c)
Assault 2nd degree
(CGS § 53a-60)
Possessing, purchasing, selling, or
importing large capacity magazines
(CGS § 53-202w, as amended by the bill)
Assault 2nd degree with a firearm
(CGS § 53a-60a)
Firearms trafficking
(CGS § 53-202aa)
Robbery 1st degree
(CGS § 53a-134)
Manufacturing firearm from certain plastic
(CGS § 53-206i)
Stealing a firearm
(CGS § 53a-212)
Murder
(CGS § 53a-54a)
Criminal use of firearm or electronic
defense weapon
(CGS § 53a-216)
Murder with special circumstances
(CGS § 53a-54b)
Criminal possession of firearm, ammunition,
or electronic defense weapon
(CGS § 53a-217, as amended by the bill)
Felony murder
(CGS § 53a-54c)
Possession of weapon on school grounds
(CGS § 53a-217b)
Arson murder
(CGS § 53a-54d)
Criminal possession of handgun
(CGS § 53a-217c, as amended by the bill)
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 2023HB-06667-R010841-BA.DOCX
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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.
If the defendant is (1) a 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.
§ 40 — 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 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 41 5/30/23
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.
§ 41 — 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
establish policies and procedures to implement this docket.
EFFECTIVE DATE: Upon passage
§ 42 — 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.
§ 45 — PENALTY FOR FAILING TO REPORT LOS T OR STOLEN
FIREARM OR ASSAULT W EAPON 2023HB-06667-R010841-BA.DOCX
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Increases the penalty for a first offense of failing to report the loss or theft of a firearm or
assault weapon from an infraction to a class A misdemeanor
Under existing law, a person who lawfully possess an assault weapon
or firearm that is lost or stolen, must report the loss or theft to the
relevant law enforcement agency within 72 hours of when he or she
discovered or should have discovered the loss or theft. The bill increases
the penalty for a first-time unintentional failure to report by the deadline
from an infraction with a fine of up to $90 to a class A misdemeanor.
As under existing law, a subsequent unintentional failure is a class C
felony and an intentional failure to report is a class B felony. By law, a
first-time violator does not lose the right to possess a gun permit.
§ 46 — HANDGUN CARRY PERMIT
Requires 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 or
approve a temporary state permit application after a specified period; requires the local
authority or DESPP to give a detailed written response when denying an application
Handgun Permit Application Process
By law, handgun permits are issued under a two-part process,
requiring approval from both the local authority (e.g., the police chief)
and DESPP. The local official investigates applicants, including doing a
background check, and issues a temporary state permit, and the State
Police conducts state and national criminal history record checks on the
applicants and issues the five-year state permit. Existing law requires
the local authority to make its decision within eight weeks. The bill
requires the local authority, if denying the application, to give the
applicant a detailed written reason for doing so.
Affidavit. The bill allows an applicant to submit an affidavit attesting
to the DESPP commissioner a local authority failed to expressly deny
his or her application or issue a temporary state permit within eight
weeks of its submission. After waiting a specified period after applying
to the local authority, the applicant may submit the affidavit to DESPP
in the place of a temporary state permit. The applicant must wait at least
(1) 32 weeks for applications filed by March 30, 2024, and (2) 16 weeks
for applications filed on or after April 1, 2024. The commissioner must
accept the affidavit and notify the local authority immediately after 2023HB-06667-R010841-BA.DOCX
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receiving the affidavit.
As under current law for applications approved by local authorities,
DESPP must make its decision on the affidavit (or inform the applicant
that the department is still waiting for the results of the national criminal
background check) within eight weeks after receiving the affidavit.
Additionally, the bill provides that a local authority’s failure to
complete its review of the temporary permit application is not grounds
for the commissioner to deny the state permit. It also requires DESPP to
give details in its written response on any state permit approval or
denial.
Exception for Major Disasters and Declared Emergencies
The bill carves out an exception for these gun permit issuance
provisions during a major disaster, presidential emergency declaration,
or gubernatorial emergency declaration due to any disease epidemic,
public health emergency, or natural disaster impacting a local authority.
Under these circumstances, the DESPP commissioner must not accept
any affidavit until 32 weeks have passed following the application date.
§ 47 — MASS SHOOTING EVENT RESPONSE
Requires (1) DESPP’s civil preparedness plan to include a response plan for a mass
shooting event, (2) grief counselors and mental health professionals be deployed to help
family members or other people closely connected to victims of mass shootings, and (3) the
DESPP commissioner and chief state’s attorney to coordinate and report on mass shooting
investigations
The bill requires DESPP’s civil preparedness plan to include a
response plan for a mass shooting event, which the bill describes as a
shooting of four or more people within a three-mile radius within 24
hours. The response plan must include coordination between certain
parties to determine, among other things, what led to the shooting. This
group must report to the DESPP commissioner, who then must report
to the governor and certain legislators.
The bill also requires, as part of the response to a mass shooting, that
(1) grief counselors and mental health professionals be deployed to help
family members or other people closely connected to the victims and (2)
the DESPP commissioner and chief state’s attorney coordinate, and 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 44 5/30/23
report on, an investigation of each mass shooting event.
EFFECTIVE DATE: Upon passage
Response Plan
By law, the DESPP commissioner must oversee the development of
the state’s civil preparedness plan and program (i.e., the State Response
Framework), which is subject to the governor’s approval. The bill
requires the plan and program to include a response plan for mass
shooting events.
The bill requires the commissioner, as part of any response plan for a
mass shooting event, to include provisions for coordinating a meeting
with DESPP; local police; community leaders, including religious
leaders; and representatives from the Project Longevity Initiative (a
comprehensive, community-based initiative to reduce gun violence that
operates in Bridgeport, Hartford, New Haven, and Waterbury).
The meeting’s purpose is to determine the following:
1. why the shooting event occurred and what circumstances led to
it,
2. whether there were warning signs that it would occur,
3. steps the community can take to prevent further shooting events,
and
4. whether there are available resources to help the community
respond to the event.
The bill requires the participants, after the meeting ends, to report
their findings to the DESPP commissioner. The commissioner must
review and report the findings, and any other information he deems
pertinent, to the governor, House and Senate majority and minority
leaders, and Public Safety and Security Committee. The report must
include any recommendations for legislative action to reduce mass
shooting events. 2023HB-06667-R010841-BA.DOCX
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Grief Counselors and Mental Health Professionals
The bill requires the DESPP commissioner to coordinate with the
public health commissioner in deploying grief counselors and mental
health professionals to provide mental health services after mass
shooting events for the victim’s family members or other people closely
associated with the victims. These counselors and professionals must be
deployed to (1) local community outreach groups in and around the
impacted area and (2) any school or higher education institution where
any of the shooting’s victims or perpetrators were enrolled.
Shooting Investigation
The bill requires the DESPP commissioner to coordinate, along with
the chief state’s attorney’s office, an investigation into each mass
shooting event. The investigation must consider the following:
1. how the perpetrator got any firearm used in the event,
2. whether those firearms were gotten legally,
3. whether a large capacity magazine was used in the shooting
(state law generally bans the possession or sale of these
magazines, which hold more than 10 rounds of ammunition),
and
4. the backgrounds of the perpetrator and victims.
For each investigation, the commissioner and chief state’s attorney
must report (1) the investigation’s summary and findings, including any
determination of what caused the event, and (2) any recommendations
to prevent future mass shooting events. They must report to the
governor; the House and Senate majority and minority leaders; the
Public Safety and Security Committee; and the chief elected official and
legislative body of the municipality where the mass shooting occurred.
§ 48 — POLICE NOTICE OF FIREARM R IGHTS AND RISK
PROTECTION ORDER APP LICATION PROCESS
Requires law enforcement units to post public notices informing people of various firearm-
related rights, including specified information about the permit process and the right to
own, possess, and carry firearms 2023HB-06667-R010841-BA.DOCX
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The bill requires the administrative head of each law enforcement
unit to ensure that all police stations, headquarters, or barracks under
its jurisdiction post certain information about firearm-related rights, in
a conspicuous place that is readily available for the public to view.
Specifically, he or she must post a statement informing people of the
following rights:
1. to request and get an application for a handgun carry permit;
2. to submit the application no later than one week after their
request to do so;
3. to be informed in writing, within eight weeks after applying, of
the decision on the application;
4. to file an appeal if the application is denied; and
5. their state and federal constitutional right to own, possess, and
carry a firearm to protect their home or family as they so lawfully
choose.
In the same way, he or she must post a statement informing people
of the application process for a risk protection order, including the
process for a family member or medical professional to apply.
Under the bill, as under existing law, an “administrative head of each
law enforcement unit” includes the DESPP commissioner, board of
police commissioners, police chief or superintendent, or other authority
in charge of a law enforcement unit (CGS § 7-291e).
BACKGROUND
Related Bills
sHB 6816 (File 539), 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.
sHB 6817 (File 635), reported favorably by the Judiciary and
Appropriations committee, has similar provisions requiring (1) the 2023HB-06667-R010841-BA.DOCX
Researcher: DC Page 47 5/30/23
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 after a specified period timeframe, (2) DESPP
to develop a response plan for mass shooting events, and (3) law
enforcement agencies to post a notice informing individuals about their
right to request and obtain an application for a handgun permit and
related rights.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 23 Nay 14 (03/28/2023)
Appropriations Committee
Joint Favorable
Yea 39 Nay 13 (05/01/2023)