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Connecticut House Bill HB06667

Connecticut 2023 Regular Session

Connecticut House Bill HB06667 Compare Versions

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914 AN ACT ADDRESSING GUN VIOLENCE.
1015 Be it enacted by the Senate and House of Representatives in General
1116 Assembly convened:
1217
13-Section 1. Section 29-35 of the general statutes is repealed and the
14-following is substituted in lieu thereof (Effective October 1, 2023):
15-(a) (1) No person shall carry any pistol or revolver upon [his or her]
16-such person's person, except when such person is within [the dwelling
17-house or place of business of such person] such person's dwelling house,
18-on land leased or owned by such person or within the place of business
19-of such person, without a permit to carry the same issued as provided
20-in section 29-28, as amended by this act.
21-(2) No person shall knowingly carry any firearm with intent to
22-display such firearm, except when such person is within such person's
23-dwelling house, on land leased or owned by such person or within the
24-place of business of such person, or such person is engaged in firearm
25-training or bona fide hunting activity. For the purposes of this
26-subdivision, a person shall not be deemed to be carrying a firearm with
27-intent to display such firearm if such person has taken reasonable
28-measures to conceal the fact that such person is carrying a firearm.
29-Neither a fleeting glimpse of a firearm nor an imprint of a firearm
30-through such person's clothing shall constitute a violation of this Substitute House Bill No. 6667
31-
32-Public Act No. 23-53 2 of 102
33-
34-subdivision. If a person displays a firearm temporarily while engaged
35-in self-defense or other conduct that is otherwise lawful, such display
36-shall not constitute a violation of this subdivision.
37-(3) The provisions of this subsection shall not apply to the carrying of
38-any [pistol or revolver] firearm by any: [parole]
39-(A) (i) Parole officer or peace officer of this state, or [any] (ii) parole
40-officer or peace officer of any other state while engaged in the pursuit of
41-official duties;
42-(B) Department of Motor Vehicles inspector appointed under section
43-14-8 and certified pursuant to section 7-294d; [, or parole officer or peace
44-officer of any other state while engaged in the pursuit of official duties,
45-or federal]
46-(C) Federal marshal or federal law enforcement agent; [, or to any
47-member]
48-(D) Member of the armed forces of the United States, as defined in
49-section 27-103, or of the state, as defined in section 27-2, when on duty
50-or going to or from duty; [, or to any member]
51-(E) Member of any military organization when on parade or when
52-going to or from any place of assembly; [, or to the transportation of
53-pistols or revolvers]
54-(F) Person transporting or inspecting a firearm as merchandise; [, or
55-to any person transporting any pistol or revolver while]
56-(G) Person transporting a firearm contained in the package in which
57-[it] such firearm was originally wrapped at the time of sale and while
58-transporting the same from the place of sale to the purchaser's residence
59-or place of business; [, or to any person]
60-(H) Person transporting a firearm as part of the process of removing Substitute House Bill No. 6667
61-
62-Public Act No. 23-53 3 of 102
63-
64-such person's household goods or effects from one place to another; [,
65-or to any person while]
66-(I) Person transporting [any such pistol or revolver] a firearm from
67-such person's place of residence or business to a place or [individual]
68-person where or by whom such [pistol or revolver] firearm is to be
69-repaired or while returning to such person's place of residence or
70-business after the same has been repaired; [, or to any person]
71-(J) Person transporting a [pistol or revolver] firearm in or through the
72-state for the purpose of taking part in competitions, taking part in
73-[formal pistol or revolver] firearm training, repairing such [pistol or
74-revolver] firearm or attending any meeting or exhibition of an organized
75-collectors' group if such person is a bona fide resident of the United
76-States and is permitted to possess and carry a [pistol or revolver] firearm
77-in the state or subdivision of the United States in which such person
78-resides; [, or to any person]
79-(K) Person transporting a [pistol or revolver] firearm to and from a
80-testing range at the request of the issuing authority; [, or to any person]
81-or
82-(L) Person transporting an antique pistol or revolver, as defined in
83-section 29-33, as amended by this act.
84-(4) For the purposes of this subsection, ["formal pistol or revolver
85-training"] "firearm training" means [pistol or revolver] firearm training
86-at a [locally approved or permitted] firing range, [or] training facility or
87-fish and game club or sporting club, and ["transporting a pistol or
88-revolver"] "transporting a firearm" means transporting a [pistol or
89-revolver] firearm that is unloaded and, if such [pistol or revolver]
90-firearm is being transported in a motor vehicle, is not readily accessible
91-or directly accessible from the passenger compartment of the vehicle or,
92-if such [pistol or revolver] firearm is being transported in a motor Substitute House Bill No. 6667
93-
94-Public Act No. 23-53 4 of 102
95-
96-vehicle that does not have a compartment separate from the passenger
97-compartment, such [pistol or revolver] firearm shall be contained in a
98-locked container other than the glove compartment or console. Nothing
99-in this section shall be construed to prohibit the carrying of a [pistol or
100-revolver] firearm during [formal pistol or revolver] firearm training or
101-repair.
102-(b) The holder of a permit issued pursuant to section 29-28, as
103-amended by this act, shall carry such permit upon one's person while
104-carrying such pistol or revolver. Such holder shall present his or her
105-permit upon the request of a law enforcement officer who has
106-reasonable suspicion of a crime for purposes of verification of the
107-validity of the permit or identification of the holder, provided such
108-holder is carrying a pistol or revolver that is observed by such law
109-enforcement officer.
110-(c) Not later than February 1, 2025, and annually thereafter, each law
111-enforcement unit, as defined in section 7-294a, shall prepare and submit
112-a report to the Institute for Municipal and Regional Policy at The
113-University of Connecticut concerning any stops conducted on suspicion
114-of a violation of subdivision (2) of subsection (a) of this section during
115-the preceding calendar year, except that the initial report shall be based
116-on the fifteen months preceding January 1, 2025. Such report shall be
117-submitted electronically using a standardized method and form
118-disseminated jointly by the Institute for Municipal and Regional Policy
119-and the Police Officer Standards and Training Council. The
120-standardized method and form shall allow compilation of statistics on
121-each incident, including, but not limited to, the race and gender of the
122-person stopped, provided the identification of such characteristics shall
123-be based on the observation and perception of the police officer. The
124-Institute for Municipal and Regional Policy and the Police Officer
125-Standards and Training Council may revise the standardized method
126-and form and disseminate such revisions to law enforcement units. Each Substitute House Bill No. 6667
127-
128-Public Act No. 23-53 5 of 102
129-
130-law enforcement unit shall, prior to submission of any such report
131-pursuant to this subsection, redact any information from such report
132-that may identify a minor, witness or victim.
133-(d) The Institute for Municipal and Regional Policy at The University
134-of Connecticut shall, within available appropriations, review the
135-incidents reported pursuant to subsection (c) of this section. Not later
136-than December 1, 2025, and annually thereafter, the institute shall
137-report, in accordance with the provisions of section 11-4a, the results of
138-any such review, including any recommendations, to the Governor and
139-the joint standing committees of the General Assembly having
140-cognizance of matters relating to the judiciary, public safety and
141-municipalities.
142-Sec. 2. Section 29-37 of the general statutes is repealed and the
143-following is substituted in lieu thereof (Effective October 1, 2023):
144-(a) Any person violating any provision of section 29-28, as amended
145-by this act, or 29-31, as amended by this act, shall be guilty of a class E
146-felony, and any pistol or revolver found in the possession of any person
147-in violation of any of said provisions shall be forfeited.
148-(b) Any person violating any provision of subdivision (1) of
149-subsection (a) of section 29-35, as amended by this act, shall be guilty of
150-a class D felony, and, in the absence of any mitigating circumstances as
151-determined by the court, one year of the sentence imposed may not be
152-suspended or reduced by the court. The court shall specifically state the
153-mitigating circumstances, or the absence thereof, in writing for the
154-record. Any pistol or revolver found in the possession of any person in
155-violation of any provision of subsection (a) of section 29-35, as amended
156-by this act, shall be forfeited.
157-(c) Any person violating any provision of subdivision (2) of
158-subsection (a) of section 29-35, as amended by this act, shall be guilty of Substitute House Bill No. 6667
159-
160-Public Act No. 23-53 6 of 102
161-
162-a class B misdemeanor for a first offense and a class A misdemeanor for
163-any subsequent offense. The court may order suspension of prosecution
164-in addition to any other diversionary programs available to the
165-defendant, if the court finds that a violation of said subdivision is not of
166-a serious nature and that the person charged with such violation (1) will
167-probably not offend in the future, (2) has not previously been convicted
168-of a violation of this section, and (3) has not previously had a
169-prosecution under this section suspended pursuant to this subsection.
170-The court shall not order suspension of prosecution unless the accused
171-person has acknowledged that he or she understands the consequences
172-of the suspension of prosecution. Any person for whom prosecution is
173-suspended shall agree to the tolling of any statute of limitations with
174-respect to such violation and to a waiver of his or her right to a speedy
175-trial. Such person shall appear in court and shall be released to the
176-supervision of the Court Support Services Division for such period, not
177-exceeding two years, and under such conditions as the court shall order.
178-If the person refuses to accept, or, having accepted, violates such
179-conditions, the court shall terminate the suspension of prosecution and
180-the case shall be brought to trial. If such person satisfactorily completes
181-such person's period of probation, he or she may apply for dismissal of
182-the charges against such person and the court, on finding such
183-satisfactory completion, shall dismiss such charges. If the person does
184-not apply for dismissal of the charges against such person after
185-satisfactorily completing such person's period of probation, the court,
186-upon receipt of a report submitted by the Court Support Services
187-Division that the person satisfactorily completed such person's period
188-of probation, may on its own motion make a finding of such satisfactory
189-completion and dismiss such charges. Upon dismissal, all records of
190-such charges shall be erased pursuant to section 54-142a. An order of the
191-court denying a motion to dismiss the charges against a person who has
192-completed such person's period of probation or terminating the
193-participation of a defendant in such program shall be a final judgment
194-for purposes of appeal. Substitute House Bill No. 6667
195-
196-Public Act No. 23-53 7 of 102
197-
198-[(c)] (d) Any person violating any provision of subsection (b) of
199-section 29-35, as amended by this act, shall have committed an infraction
200-and shall be fined thirty-five dollars.
201-Sec. 3. Section 29-36a of the general statutes is repealed and the
202-following is substituted in lieu thereof (Effective from passage):
203-(a) No person shall complete the manufacture of a firearm without
204-subsequently (1) obtaining a unique serial number or other mark of
205-identification from the Department of Emergency Services and Public
206-Protection pursuant to subsection (b) of this section, and (2) engraving
207-upon or permanently affixing to the firearm such serial number or other
208-mark in a manner that conforms with the requirements imposed on
209-licensed importers and licensed manufacturers of firearms pursuant to
210-18 USC 923(i), as amended from time to time, and any regulation
211-adopted thereunder.
212-(b) Not later than thirty days after a person completes the
213-manufacture of a firearm, [or ninety days after the Department of
214-Emergency Services and Public Protection provides notice in
215-accordance with section 29-36b that the system to distribute a unique
216-serial number or other mark of identification pursuant to this section is
217-operational, whichever date is later,] such person shall notify the
218-department of such manufacture and provide any identifying
219-information to the department concerning the firearm and the owner of
220-such firearm, in a manner prescribed by the Commissioner of
221-Emergency Services and Public Protection. Upon receiving a properly
222-submitted request for a unique serial number or other mark of
223-identification from a person who completes manufacture of a firearm,
224-the department shall determine if such person is prohibited from
225-purchasing a firearm and if not, shall issue to such person a unique serial
226-number or other mark of identification immediately and in no instance
227-more than three business days after the department receives such
228-request. Issuance of a unique serial number or other mark of Substitute House Bill No. 6667
229-
230-Public Act No. 23-53 8 of 102
231-
232-identification pursuant to this subsection shall not be evidence that the
233-firearm is otherwise lawfully possessed.
234-(c) (1) On and after January 1, 2024, no person shall possess a firearm
235-without a serial number or other mark of identification unless such
236-person has (A) declared possession of such firearm pursuant to
237-subdivision (2) or (3) of this subsection, or (B) applied to obtain a unique
238-serial number or other mark of identification from the Department of
239-Emergency Services and Public Protection pursuant to subsections (a)
240-and (b) of this section and such person has not yet received such serial
241-number or other mark of identification.
242-(2) Any person who, prior to January 1, 2024, lawfully possesses a
243-firearm without a serial number or other mark of identification
244-manufactured prior to October 1, 2019, shall apply by January 1, 2024,
245-or, if such person is a member of the military or naval forces of this state
246-or of the United States and is unable to apply by January 1, 2024, because
247-such member is or was on official duty outside of this state, shall apply
248-within ninety days of returning to the state to the department to declare
249-possession of such firearm. Such application shall be made on such form
250-and in such manner as the Commissioner of Emergency Services and
251-Public Protection prescribes.
252-(3) Any person who moves into the state in lawful possession of a
253-firearm without a serial number or other mark of identification shall,
254-within ninety days, either (A) obtain a unique serial number or other
255-mark of identification from the department and engrave upon or
256-permanently affix to the firearm such serial number or other mark
257-pursuant to subsection (a) of this section, (B) render such firearm
258-permanently inoperable, (C) sell such firearm to a federally licensed
259-firearm dealer, or (D) remove such firearm from the state, except that
260-any person who is a member of the military or naval forces of this state
261-or of the United States, is in lawful possession of a firearm without a
262-serial number or other mark of identification and has been transferred Substitute House Bill No. 6667
263-
264-Public Act No. 23-53 9 of 102
265-
266-into the state after January 1, 2024, may, within ninety days of arriving
267-in the state, apply to the department to declare possession of such
268-firearm.
269-(4) For purposes of this subsection, "lawfully possesses", with respect
270-to a firearm without a serial number or other mark of identification,
271-means that a person has (A) actual and lawful possession of such
272-firearm, (B) constructive possession of such firearm pursuant to a lawful
273-purchase that was transacted prior to or on the date preceding the
274-effective date of this section, regardless of whether the firearm was
275-delivered to the purchaser prior to or on the date preceding the effective
276-date of this section, which lawful purchase is evidenced by a writing
277-sufficient to indicate that (i) a contract for sale was made between the
278-parties prior to or on the date preceding the effective date of this section,
279-for the purchase of the firearm, or (ii) full or partial payment for the
280-firearm was made by the purchaser to the seller of the firearm prior to
281-or on the date preceding the effective date of this section, or (C) actual
282-possession under subparagraph (A) of this subdivision, or constructive
283-possession under subparagraph (B) of this subdivision, as evidenced by
284-a written statement made under penalty of false statement on such form
285-as the commissioner prescribes.
286-(5) The department may adopt regulations, in accordance with the
287-provisions of chapter 54, to establish procedures with respect to
288-applications under this subsection. Notwithstanding the provisions of
289-sections 1-210 and 1-211, the name and address of a person who has
290-declared possession of a firearm without a serial number or other mark
291-of identification shall be confidential and shall not be disclosed, except
292-such records may be disclosed to (A) law enforcement agencies and
293-employees of the United States Probation Office acting in the
294-performance of their duties and parole officers within the Department
295-of Correction acting in the performance of their duties, and (B) the
296-Commissioner of Mental Health and Addiction Services to carry out the Substitute House Bill No. 6667
297-
298-Public Act No. 23-53 10 of 102
299-
300-provisions of subsection (c) of section 17a-500.
301-(6) (A) Except as provided in this subsection, no person within this
302-state shall distribute, import into this state, keep for sale, offer or expose
303-for sale or purchase a firearm without a serial number or other mark of
304-identification.
305-(B) The provisions of subparagraph (A) of this subdivision shall not
306-apply to the transfer of a firearm without a serial number or other mark
307-of identification (i) the possession of which has been declared to the
308-department pursuant to this section, by bequest or intestate succession,
309-or, upon the death of a testator or settlor: (I) To a trust, or (II) from a
310-trust to a beneficiary; or (ii) to a police department or the Department of
311-Emergency Services and Public Protection.
312-[(c)] (d) The provisions of subsections (a), [and] (b) and (c) of this
313-section shall not apply to the manufacture of a firearm manufactured
314-using an unfinished frame or lower receiver on which a serial number
315-or other mark has been engraved or permanently affixed pursuant to
316-subsection (c) of section 53-206j.
317-[(d)] (e) No person shall transfer to another person any firearm
318-manufactured in violation of this section.
319-[(e)] (f) The provisions of this section shall not apply to (1) the
320-manufacture of firearms by a federally licensed firearm manufacturer,
321-(2) (A) any antique firearm, as defined in 18 USC 921, as amended from
322-time to time, or (B) any firearm manufactured prior to [the effective date
323-of this section] December 16, 1968, provided such firearm is otherwise
324-lawfully possessed, or (3) delivery or transfer of a firearm to a law
325-enforcement agency.
326-[(f)] (g) No person shall knowingly, recklessly or with criminal
327-negligence facilitate, aid or abet the manufacture of a firearm (1) by a
328-person or for a person who is otherwise prohibited by law from Substitute House Bill No. 6667
329-
330-Public Act No. 23-53 11 of 102
331-
332-purchasing or possessing a firearm, or (2) that a person is otherwise
333-prohibited by law from purchasing or possessing.
334-[(g)] (h) If the court finds that a violation of this section is not of a
335-serious nature and that the person charged with such violation (1) will
336-probably not offend in the future, (2) has not previously been convicted
337-of a violation of this section, and (3) has not previously had a
338-prosecution under this section suspended pursuant to this subsection,
339-the court may order suspension of prosecution. The court shall not order
340-suspension of prosecution unless the accused person has acknowledged
341-that he or she understands the consequences of the suspension of
342-prosecution. Any person for whom prosecution is suspended shall agree
343-to the tolling of any statute of limitations with respect to such violation
344-and to a waiver of his or her right to a speedy trial. Such person shall
345-appear in court and shall be released to the supervision of the Court
346-Support Services Division for such period, not exceeding two years, and
347-under such conditions as the court shall order. If the person refuses to
348-accept, or, having accepted, violates such conditions, the court shall
349-terminate the suspension of prosecution and the case shall be brought
350-to trial. If such person satisfactorily completes such person's period of
351-probation, [he or she] such person may apply for dismissal of the
352-charges against such person and the court, on finding such satisfactory
353-completion, shall dismiss such charges. If the person does not apply for
354-dismissal of the charges against such person after satisfactorily
355-completing such person's period of probation, the court, upon receipt of
356-a report submitted by the Court Support Services Division that the
357-person satisfactorily completed such person's period of probation, may
358-on its own motion make a finding of such satisfactory completion and
359-dismiss such charges. Upon dismissal, all records of such charges shall
360-be erased pursuant to section 54-142a. An order of the court denying a
361-motion to dismiss the charges against a person who has completed such
362-person's period of probation or terminating the participation of a
363-defendant in such program shall be a final judgment for purposes of Substitute House Bill No. 6667
364-
365-Public Act No. 23-53 12 of 102
366-
367-appeal.
368-[(h)] (i) (1) Any person who is ineligible to possess a firearm under
369-state or federal law and violates any provision of this section shall be
370-guilty of a class C felony for which two years of the sentence imposed
371-may not be suspended or reduced by the court, and five thousand
372-dollars of the fine imposed may not be remitted or reduced by the court
373-unless the court states on the record its reasons for remitting or reducing
374-such fine, and any firearm found in the possession of any person in
375-violation of any provision of this section shall be forfeited.
376-(2) Any person who is not ineligible to possess a firearm under state
377-or federal law and violates any provision of this section shall be guilty
378-of a class C misdemeanor.
379-[(i)] (j) For purposes of this section, "manufacture" means to fabricate
380-or construct a firearm including the initial assembly, "firearm" means
381-firearm, as defined in section 53a-3, as amended by this act, and "law
382-enforcement agency" means law enforcement agency, as defined in
383-section 29-1i.
384-Sec. 4. Subsection (a) of section 29-28 of the general statutes is
385-repealed and the following is substituted in lieu thereof (Effective October
386-1, 2023):
387-(a) (1) No person who sells ten or more [pistols or revolvers] firearms
388-in a calendar year or is a federally licensed firearm dealer shall advertise,
389-sell, deliver, or offer or expose for sale or delivery, or have in such
390-person's possession with intent to sell or deliver, any pistol or revolver
391-at retail without having a permit therefor issued as provided in this
392-subsection.
393-(2) The chief of police or, where there is no chief of police, the chief
394-executive officer of the municipality, as defined in section 7-148, or, if
395-designated by such chief executive officer, the resident state trooper Substitute House Bill No. 6667
396-
397-Public Act No. 23-53 13 of 102
398-
399-serving such municipality or a state police officer of the state police
400-troop having jurisdiction over such municipality, may, upon the
401-application of any person, issue a permit in such form as may be
402-prescribed by the Commissioner of Emergency Services and Public
403-Protection for the sale at retail of [pistols and revolvers] firearms within
404-the jurisdiction of the authority issuing such permit. No permit for the
405-sale at retail of [any pistol or revolver] firearms shall be issued unless
406-the applicant holds a valid eligibility certificate for a pistol or revolver
407-issued pursuant to section 29-36f, as amended by this act, or a valid state
408-permit to carry a pistol or revolver issued pursuant to subsection (b) of
409-this section; and the applicant submits documentation sufficient to
410-establish that local zoning requirements have been met for the location
411-where the sale is to take place, except that any person selling or
412-exchanging a pistol or revolver for the enhancement of a personal
413-collection or for a hobby or who sells all or part of such person's personal
414-collection of pistols or revolvers shall not be required to submit such
415-documentation for the location where the sale or exchange is to take
416-place.
417-(3) Any person holding a valid permit for the sale at retail of pistols
418-or revolvers issued on or before September 30, 2023, shall be deemed to
419-be a holder of a valid permit for the sale at retail of firearms until such
420-permit for the sale at retail of pistols or revolvers expires or is revoked,
421-suspended, confiscated or surrendered. The holder of such permit may
422-renew such permit as a permit for the sale at retail of firearms pursuant
423-to section 29-30, as amended by this act.
424-Sec. 5. Subsection (d) of section 29-28 of the general statutes is
425-repealed and the following is substituted in lieu thereof (Effective October
426-1, 2023):
427-(d) Notwithstanding the provisions of sections 1-210 and 1-211, the
428-name and address of a person issued a permit to sell firearms at retail
429-[pistols and revolvers] pursuant to subsection (a) of this section or a state Substitute House Bill No. 6667
430-
431-Public Act No. 23-53 14 of 102
432-
433-or a temporary state permit to carry a pistol or revolver pursuant to
434-subsection (b) of this section, or a local permit to carry pistols and
435-revolvers issued by local authorities prior to October 1, 2001, shall be
436-confidential and shall not be disclosed, except (1) such information may
437-be disclosed to law enforcement officials acting in the performance of
438-their duties, including, but not limited to, employees of the United
439-States Probation Office acting in the performance of their duties and
440-parole officers within the Department of Correction acting in the
441-performance of their duties, (2) the issuing authority may disclose such
442-information to the extent necessary to comply with a request made
443-pursuant to section 29-33, as amended by this act, 29-37a, as amended
444-by this act, or 29-38m, as amended by this act, for verification that such
445-state or temporary state permit is still valid and has not been suspended
446-or revoked, and the local authority may disclose such information to the
447-extent necessary to comply with a request made pursuant to section 29-
448-33, as amended by this act, 29-37a, as amended by this act, or 29-38m, as
449-amended by this act, for verification that a local permit is still valid and
450-has not been suspended or revoked, and (3) such information may be
451-disclosed to the Commissioner of Mental Health and Addiction Services
452-to carry out the provisions of subsection (c) of section 17a-500.
453-Sec. 6. Subsection (a) of section 29-30 of the general statutes is
454-repealed and the following is substituted in lieu thereof (Effective October
455-1, 2023):
456-(a) The fee for each permit originally issued under the provisions of
457-subsection (a) of section 29-28, as amended by this act, for the sale at
458-retail of [pistols and revolvers] firearms shall be two hundred dollars
459-and for each renewal of such permit two hundred dollars. The fee for
460-each state permit originally issued under the provisions of subsection
461-(b) of section 29-28, as amended by this act, for the carrying of pistols
462-and revolvers shall be one hundred forty dollars plus sufficient funds as
463-required to be transmitted to the Federal Bureau of Investigation to Substitute House Bill No. 6667
464-
465-Public Act No. 23-53 15 of 102
466-
467-cover the cost of a national criminal history records check. The local
468-authority shall forward sufficient funds for the national criminal history
469-records check to the commissioner no later than five business days after
470-receipt by the local authority of the application for the temporary state
471-permit. Seventy dollars shall be retained by the local authority. Upon
472-approval by the local authority of the application for a temporary state
473-permit, seventy dollars shall be sent to the commissioner. The fee to
474-renew each state permit originally issued under the provisions of
475-subsection (b) of section 29-28, as amended by this act, shall be seventy
476-dollars. Upon deposit of such fees in the General Fund, ten dollars of
477-each fee shall be credited within thirty days to the appropriation for the
478-Department of Emergency Services and Public Protection to a separate
479-nonlapsing account for the purposes of the issuance of permits under
480-subsections (a) and (b) of section 29-28, as amended by this act.
481-Sec. 7. Section 29-31 of the general statutes is repealed and the
482-following is substituted in lieu thereof (Effective October 1, 2023):
483-No sale of any [pistol or revolver] firearm shall be made except in the
484-room, store or place described in the permit for the sale of [pistols and
485-revolvers] firearms, and such permit or a copy [thereof] of such permit
486-certified by the authority issuing the same shall be exposed to view
487-within the room, store or place where [pistols or revolvers] firearms are
488-sold or offered or exposed for sale. No sale or delivery of any [pistol or
489-revolver] firearm shall be made unless the purchaser or person to whom
490-the same is to be delivered is personally known to the vendor of such
491-[pistol or revolver] firearm or the person making delivery thereof or
492-unless the person making such purchase or to whom delivery thereof is
493-to be made provides evidence of his or her identity. The vendor of any
494-[pistol or revolver] firearm shall keep a record of each [pistol or
495-revolver] firearm sold in a book kept for that purpose, which record
496-shall be in such form as is prescribed by 27 CFR 478.125. The vendor of
497-any [pistol or revolver] firearm shall make such record available for Substitute House Bill No. 6667
498-
499-Public Act No. 23-53 16 of 102
500-
501-inspection upon the request of any sworn member of an organized local
502-police department or the Division of State Police within the Department
503-of Emergency Services and Public Protection or any investigator
504-assigned to the state-wide firearms trafficking task force established
505-under section 29-38e or any investigator employed by a federal law
506-enforcement agency for official purposes related to such member's,
507-investigator's employment.
508-Sec. 8. (NEW) (Effective October 1, 2023) (a) In addition to any other
509-duty required by chapter 529 of the general statutes, a person who
510-possesses a permit to sell firearms at retail issued pursuant to subsection
511-(a) of section 29-28 of the general statutes, as amended by this act, shall
512-not:
513-(1) Furnish false or fraudulent information in any application to the
514-Department of Emergency Services and Public Protection or fail to
515-comply with representations made in any application;
516-(2) Fail to maintain a permit to carry a pistol or revolver issued
517-pursuant to subsection (b) of section 29-28 of the general statutes, as
518-amended by this act, or a valid eligibility certificate for a pistol or
519-revolver issued pursuant to section 29-36f of the general statutes, as
520-amended by this act;
521-(3) Fail to maintain a permit to sell firearms at retail issued pursuant
522-to subsection (a) of section 29-28 of the general statutes, as amended by
523-this act;
524-(4) Fail to maintain effective controls against theft of firearms,
525-including, but not limited to, installation or maintenance of the burglar
526-alarm system required under section 29-37d of the general statutes;
527-(5) Fail to acquire an authorization number for a firearm transfer
528-pursuant to sections 29-36l and 29-37a of the general statutes, as
529-amended by this act; Substitute House Bill No. 6667
530-
531-Public Act No. 23-53 17 of 102
532-
533-(6) Transfer a firearm to a person ineligible to receive such firearm,
534-unless the permittee relied in good faith on information provided to
535-such permittee by the department in verifying the eligibility of such
536-ineligible person;
537-(7) Sell, deliver or otherwise transfer an assault weapon in violation
538-of sections 53-202a to 53-202k, inclusive, of the general statutes, as
539-amended by this act, or fail to maintain accurate records of any such
540-sale, delivery or transfer;
541-(8) Sell, deliver or otherwise transfer a large capacity magazine in
542-violation of sections 53-202w of the general statutes, as amended by this
543-act, and 53-202x of the general statutes or fail to maintain accurate
544-records of any such sale, delivery or transfer;
545-(9) Fail to maintain current and proper acquisition and disposition
546-records required by the Bureau of Alcohol, Tobacco, Firearms and
547-Explosives;
548-(10) Fail to post placards or furnish written warnings pursuant to
549-section 29-37b of the general statutes, as amended by this act;
550-(11) Fail to provide a trigger lock, gun lock or gun locking device with
551-each purchase pursuant to section 29-37b of the general statutes, as
552-amended by this act;
553-(12) Fail to verify the age and criminal background of employees
554-pursuant to section 29-37f of the general statutes;
555-(13) Fail to report any firearm stolen in compliance with section 53-
556-202g, as amended by this act, and 18 USC 923(g)(6), as amended from
557-time to time; or
558-(14) Fail to conduct an annual physical inventory reconciliation as
559-required by subsection (b) of this section. Substitute House Bill No. 6667
560-
561-Public Act No. 23-53 18 of 102
562-
563-(b) Any person who possesses a permit to sell firearms at retail shall,
564-not later than the fifth business day of October of each year, cause a
565-physical inventory reconciliation to be performed that includes
566-comparing the physical inventory of firearms with acquisition and
567-disposition records required to be maintained pursuant to this chapter
568-and 27 CFR 478.125 (e), as amended from time to time. A permittee shall,
569-within five business days of performing this inventory reconciliation,
570-attest to the commissioner, in a form and manner specified by the
571-commissioner, that the required inventory reconciliation was performed
572-and any firearms determined to be missing from the inventory were
573-reported to the Attorney General and appropriate local authorities as
574-required by section 53-202g of the general statutes, as amended by this
575-act, and 18 USC 923 (g)(6), as amended from time to time.
576-(c) (1) If there is probable cause to believe that a person has failed to
577-comply with the duties specified in subsection (a) of this section, the
578-commissioner or the chief of police or, where there is no chief of police,
579-the chief executive officer of the municipality or if designated by such
580-chief executive officer, the resident state trooper serving such
581-municipality or a state police officer of the state police troop having
582-jurisdiction over such municipality in which such person resides may
583-issue notice of a violation. Such notice shall detail the reasons for issuing
584-such notice and provide a date, not earlier than thirty days following the
585-date of service of the notice, by which such person must cure the
586-violation.
587-(2) If the period for cure described in subdivision (1) of this subsection
588-has expired and the commissioner or chief determines that the violation
589-is not cured, the commissioner or chief or, where there is no chief of
590-police, the chief executive officer of the municipality or if designated by
591-such chief executive officer, the resident state trooper may temporarily
592-prohibit further sale of firearms at the permitted premises by issuing a
593-stop sales order. Such order shall be effective when served upon the Substitute House Bill No. 6667
594-
595-Public Act No. 23-53 19 of 102
596-
597-person in violation or posted by the commissioner or chief or, where
598-there is no chief of police, the chief executive officer of the municipality
599-or if designated by such chief executive officer, the resident state trooper
600-at the permitted premises. The commissioner or chief or, where there is
601-no chief of police, the chief executive officer of the municipality or if
602-designated by such chief executive officer, the resident state trooper
603-may assess a civil penalty against of not more than one hundred dollars
604-per day during which the violation continues. Any person who sells,
605-delivers or otherwise transfers a firearm in violation of a stop sales order
606-shall be guilty of a class C felony for which two years of the sentence
607-imposed may not be suspended or reduced by the court, and five
608-thousand dollars of the fine imposed may not be remitted or reduced by
609-the court unless the court states on the record its reasons for remitting
610-or reducing such fine.
611-(3) Any person against which a stop sales order is issued pursuant to
612-subdivision (2) of this subsection may request a hearing before the
613-commissioner to challenge the grounds for issuance of such stop sales
614-order and any associated civil penalties. Such hearing shall be
615-conducted not later than seven days after receipt of such request in
616-accordance with the provisions of chapter 54 of the general statutes.
617-(4) Stop sales orders shall be effective against any successor entity
618-that has one or more of the same principals or officers as the corporation,
619-partnership or sole proprietorship against which the stop sales order
620-was issued and are engaged in the same or equivalent trade or activity.
621-(5) The commissioner shall adopt regulations, in accordance with the
622-provisions of chapter 54 of the general statutes, to specify any hearing
623-provisions necessary to carry out the provisions of this subsection.
624-Sec. 9. Section 29-33 of the general statutes is repealed and the
625-following is substituted in lieu thereof (Effective October 1, 2023): Substitute House Bill No. 6667
626-
627-Public Act No. 23-53 20 of 102
628-
629-(a) No person, firm or corporation shall sell, deliver or otherwise
630-transfer any pistol or revolver to any person who is prohibited from
631-possessing a pistol or revolver as provided in section 53a-217c, as
632-amended by this act.
633-(b) [On and after October 1, 1995, no] No person may purchase or
634-receive any pistol or revolver unless such person holds a valid permit to
635-carry a pistol or revolver issued pursuant to subsection (b) of section 29-
636-28, as amended by this act, a valid permit to sell firearms at retail [a
637-pistol or revolver] issued pursuant to subsection (a) of section 29-28, as
638-amended by this act, or a valid eligibility certificate for a pistol or
639-revolver issued pursuant to section 29-36f, as amended by this act, or is
640-a federal marshal, parole officer or peace officer.
641-(c) No person, firm or corporation shall sell, deliver or otherwise
642-transfer any pistol or revolver except upon written application on a form
643-prescribed and furnished by the Commissioner of Emergency Services
644-and Public Protection. Such person, firm or corporation shall ensure that
645-all questions on the application are answered properly prior to releasing
646-the pistol or revolver and shall retain the application, which shall be
647-attached to the federal sale or transfer document, for at least twenty
648-years or until such vendor goes out of business. Such application shall
649-be available for inspection during normal business hours by law
650-enforcement officials. No sale, delivery or other transfer of any pistol or
651-revolver shall be made unless the person making the purchase or to
652-whom the same is delivered or transferred is personally known to the
653-person selling such pistol or revolver or making delivery or transfer
654-thereof or provides evidence of his identity in the form of a motor
655-vehicle operator's license, identity card issued pursuant to section 1-1h
656-or valid passport. No sale, delivery or other transfer of any pistol or
657-revolver shall be made until the person, firm or corporation making
658-such transfer obtains an authorization number from the Commissioner
659-of Emergency Services and Public Protection. Said commissioner shall Substitute House Bill No. 6667
660-
661-Public Act No. 23-53 21 of 102
662-
663-perform the national instant criminal background check and make a
664-reasonable effort to determine whether there is any reason that would
665-prohibit such applicant from possessing a pistol or revolver as provided
666-in section 53a-217c, as amended by this act. If the commissioner
667-determines the existence of such a reason, the commissioner shall (1)
668-deny the sale and no pistol or revolver shall be sold, delivered or
669-otherwise transferred by such person, firm or corporation to such
670-applicant, and (2) inform the chief of police of the town in which the
671-applicant resides, or, where there is no chief of police, the warden of the
672-borough or the first selectman of the town, as the case may be, that there
673-exists a reason that would prohibit such applicant from possessing a
674-pistol or revolver.
675-(d) No person, firm or corporation shall sell, deliver or otherwise
676-transfer any pistol or revolver, other than at wholesale, unless such
677-pistol or revolver is equipped with a reusable trigger lock, gun lock or
678-gun locking device appropriate for such pistol or revolver, which lock
679-or device shall be constructed of material sufficiently strong to prevent
680-it from being easily disabled and have a locking mechanism accessible
681-by key or by electronic or other mechanical accessory specific to such
682-lock or device to prevent unauthorized removal. No pistol or revolver
683-shall be loaded or contain therein any gunpowder or other explosive or
684-any bullet, ball or shell when such pistol or revolver is sold, delivered
685-or otherwise transferred.
686-(e) Upon the sale, delivery or other transfer of any pistol or revolver,
687-the person making the purchase or to whom the same is delivered or
688-transferred shall sign a receipt for such pistol or revolver, which shall
689-contain the name and address of such person, the date of sale, the
690-caliber, make, model and manufacturer's number and a general
691-description of such pistol or revolver, the identification number of such
692-person's permit to carry pistols or revolvers, issued pursuant to
693-subsection (b) of section 29-28, as amended by this act, permit to sell Substitute House Bill No. 6667
694-
695-Public Act No. 23-53 22 of 102
696-
697-firearms at retail, [pistols or revolvers,] issued pursuant to subsection
698-(a) of said section, or eligibility certificate for a pistol or revolver, issued
699-pursuant to section 29-36f, as amended by this act, if any, and the
700-authorization number designated for the transfer by the Department of
701-Emergency Services and Public Protection. The person, firm or
702-corporation selling such pistol or revolver or making delivery or transfer
703-thereof shall (1) give one copy of the receipt to the person making the
704-purchase of such pistol or revolver or to whom the same is delivered or
705-transferred, (2) retain one copy of the receipt for at least five years, and
706-(3) send, by first class mail, or electronically transmit, within forty-eight
707-hours of such sale, delivery or other transfer, (A) one copy of the receipt
708-to the Commissioner of Emergency Services and Public Protection, and
709-(B) one copy of the receipt to the chief of police of the municipality in
710-which the transferee resides or, where there is no chief of police, the
711-chief executive officer of the municipality, as defined in section 7-148, in
712-which the transferee resides or, if designated by such chief executive
713-officer, the resident state trooper serving such municipality or a state
714-police officer of the state police troop having jurisdiction over such
715-municipality.
716-(f) (1) The Commissioner of Emergency Services and Public
717-Protection shall not issue more than three authorization numbers for
718-sale at retail of a pistol or revolver to any transferee within a thirty-day
719-period, except that if such transferee is certified as a firearms instructor
720-by the state pursuant to section 29-28, as amended by this act, or the
721-National Rifle Association, said commissioner shall not issue more than
722-six authorization numbers within a thirty-day period.
723-(2) No authorization number issued for any of the following purposes
724-shall count toward the limits in subdivision (1) of this subsection: (A)
725-Any firearm transferred to a federal, state or municipal law enforcement
726-agency, or any firearm legally transferred under the provisions of
727-section 29-36k, (B) the exchange of a pistol or revolver purchased by an Substitute House Bill No. 6667
728-
729-Public Act No. 23-53 23 of 102
730-
731-individual from a federally licensed firearm dealer for another pistol or
732-revolver from the same federally licensed firearm dealer not later than
733-thirty days after the original transaction, provided the federally licensed
734-firearm dealer reports the transaction to the Commissioner of
735-Emergency Services and Public Protection, (C) as otherwise provided in
736-subsection (h) or (i) of this section, or (D) a transfer to a museum at a
737-fixed location that is open to the public and displays firearms as part of
738-an educational mission.
739-[(f)] (g) The provisions of this section shall not apply to antique pistols
740-or revolvers. An antique pistol or revolver, for the purposes of this
741-section, means any pistol or revolver which was manufactured in or
742-before 1898 and any replica of such pistol or revolver provided such
743-replica is not designed or redesigned for using rimfire or conventional
744-centerfire fixed ammunition except rimfire or conventional centerfire
745-fixed ammunition which is no longer manufactured in the United States
746-and not readily available in the ordinary channel of commercial trade.
747-[(g)] (h) The provisions of this section shall not apply to the sale,
748-delivery or transfer of pistols or revolvers between (1) a federally-
749-licensed firearm manufacturer and a federally-licensed firearm dealer,
750-(2) a federally-licensed firearm importer and a federally-licensed
751-firearm dealer, [or] (3) federally-licensed firearm dealers, or (4)
752-federally-licensed firearm manufacturers.
753-[(h)] (i) If the court finds that a violation of this section is not of a
754-serious nature and that the person charged with such violation (1) will
755-probably not offend in the future, (2) has not previously been convicted
756-of a violation of this section, and (3) has not previously had a
757-prosecution under this section suspended pursuant to this subsection,
758-the court may order suspension of prosecution. The court shall not order
759-suspension of prosecution unless the accused person has acknowledged
760-that he understands the consequences of the suspension of prosecution.
761-Any person for whom prosecution is suspended shall agree to the Substitute House Bill No. 6667
762-
763-Public Act No. 23-53 24 of 102
764-
765-tolling of any statute of limitations with respect to such violation and to
766-a waiver of his right to a speedy trial. Such person shall appear in court
767-and shall be released to the supervision of the Court Support Services
768-Division for such period, not exceeding two years, and under such
769-conditions as the court shall order. If the person refuses to accept, or,
770-having accepted, violates such conditions, the court shall terminate the
771-suspension of prosecution and the case shall be brought to trial. If such
772-person satisfactorily completes his period of probation, he may apply
773-for dismissal of the charges against him and the court, on finding such
774-satisfactory completion, shall dismiss such charges. If the person does
775-not apply for dismissal of the charges against him after satisfactorily
776-completing his period of probation, the court, upon receipt of a report
777-submitted by the Court Support Services Division that the person
778-satisfactorily completed his period of probation, may on its own motion
779-make a finding of such satisfactory completion and dismiss such
780-charges. Upon dismissal, all records of such charges shall be erased
781-pursuant to section 54-142a. An order of the court denying a motion to
782-dismiss the charges against a person who has completed his period of
783-probation or terminating the participation of a defendant in such
784-program shall be a final judgment for purposes of appeal.
785-[(i)] (j) Any person who violates any provision of this section shall be
786-guilty of a class C felony for which two years of the sentence imposed
787-may not be suspended or reduced by the court, and five thousand
788-dollars of the fine imposed may not be remitted or reduced by the court
789-unless the court states on the record its reasons for remitting or reducing
790-such fine, except that any person who sells, delivers or otherwise
791-transfers a pistol or revolver in violation of the provisions of this section
792-knowing that such pistol or revolver is stolen or that the manufacturer's
793-number or other mark of identification on such pistol or revolver has
794-been altered, removed or obliterated, shall be guilty of a class B felony
795-for which three years of the sentence imposed may not be suspended or
796-reduced by the court, and ten thousand dollars of the fine imposed may Substitute House Bill No. 6667
797-
798-Public Act No. 23-53 25 of 102
799-
800-not be remitted or reduced by the court unless the court states on the
801-record its reasons for remitting or reducing such fine, and any pistol or
802-revolver found in the possession of any person in violation of any
803-provision of this section shall be forfeited.
804-Sec. 10. Section 29-36l of the general statutes is repealed and the
805-following is substituted in lieu thereof (Effective October 1, 2023):
806-(a) The Commissioner of Emergency Services and Public Protection
807-shall establish a state database that any person, firm or corporation who
808-sells or otherwise transfers firearms may access, by telephone or other
809-electronic means in addition to the telephone, for information to be
810-supplied immediately, on whether a permit to carry a pistol or revolver,
811-issued pursuant to subsection (b) of section 29-28, as amended by this
812-act, a permit to sell firearms at retail, [a pistol or revolver,] issued
813-pursuant to subsection (a) of section 29-28, as amended by this act, an
814-eligibility certificate for a pistol or revolver, issued pursuant to section
815-29-36f, as amended by this act, or a long gun eligibility certificate, issued
816-pursuant to section 29-37p, as amended by this act, is valid and has not
817-been revoked or suspended.
818-(b) Upon establishment of the database, the commissioner shall notify
819-each person, firm or corporation holding a permit to sell firearms at
820-retail [pistols or revolvers] issued pursuant to subsection (a) of section
821-29-28, as amended by this act, of the existence and purpose of the system
822-and the means to be used to access the database.
823-(c) The Department of Emergency Services and Public Protection
824-shall establish days and hours during which the telephone number or
825-other electronic means shall be operational for purposes of responding
826-to inquiries, taking into consideration the normal business hours of
827-retail firearm businesses.
828-(d) (1) The Department of Emergency Services and Public Protection Substitute House Bill No. 6667
829-
830-Public Act No. 23-53 26 of 102
831-
832-shall be the point of contact for initiating a background check through
833-the National Instant Criminal Background Check System (NICS),
834-established under section 103 of the Brady Handgun Violence
835-Prevention Act, on individuals purchasing firearms.
836-(2) The Department of Emergency Services and Public Protection,
837-Department of Mental Health and Addiction Services and Judicial
838-Department shall, in accordance with state and federal law regarding
839-confidentiality, enter into a memorandum of understanding with the
840-Federal Bureau of Investigation for the purpose of implementing the
841-National Instant Criminal Background Check System in the state. The
842-Department of Emergency Services and Public Protection shall report
843-the name, date of birth and physical description of any person
844-prohibited from possessing a firearm pursuant to 18 USC 922(g) or (n)
845-to the National Instant Criminal Background Check System Index,
846-Denied Persons Files.
847-(e) Any person, firm or corporation that contacts the Department of
848-Emergency Services and Public Protection to access the database
849-established under this section and determine if a person is eligible to
850-receive or possess a firearm shall not be held civilly liable for the sale or
851-transfer of a firearm to a person whose receipt or possession of such
852-firearm is unlawful or for refusing to sell or transfer a firearm to a person
853-who may lawfully receive or possess such firearm if such person, firm
854-or corporation relied, in good faith, on the information provided to such
855-person, firm or corporation by said department, unless the conduct of
856-such person, firm or corporation was unreasonable or reckless.
857-(f) Any person, firm or corporation that sells, delivers or otherwise
858-transfers any firearm pursuant to section 29-33, as amended by this act,
859-or 29-37a, as amended by this act, shall contact the Department of
860-Emergency Services and Public Protection to access the database
861-established under this section and receive an authorization number for
862-such sale, delivery or transfer. The provisions of this subsection shall not Substitute House Bill No. 6667
863-
864-Public Act No. 23-53 27 of 102
865-
866-apply to: (1) Any sale, delivery or transfer of an antique firearm
867-manufactured in or before 1898, including any firearm with a
868-matchlock, flintlock, percussion cap or similar type of ignition system
869-manufactured in or before 1898; (2) any sale, delivery or transfer of any
870-replica of any firearm described in subdivision (1) of this subsection if
871-such replica uses rimfire or conventional centerfire fixed ammunition
872-which is no longer manufactured in the United States and which is not
873-readily available in the ordinary channels of commercial trade; (3)
874-transactions between persons who are licensed as firearms importers or
875-collectors, manufacturers or dealers pursuant to 18 USC 921 et seq.; (4)
876-the transfer of firearms to and from gunsmiths for purposes of repair
877-only; and (5) any sale, delivery or transfer of any firearm to any agency
878-of the United States, the state of Connecticut or any local government.
879-Sec. 11. Section 29-37a of the general statutes is repealed and the
880-following is substituted in lieu thereof (Effective October 1, 2023):
881-(a) For the purposes of this section, "long gun" means a firearm, as
882-defined in section 53a-3, as amended by this act, other than a pistol or
883-revolver.
884-(b) (1) Except as provided in subdivision (2) of this subsection, no
885-person, firm or corporation may sell, deliver or otherwise transfer, at
886-retail, any long gun to any person under eighteen years of age.
887-(2) No person, firm or corporation may sell, deliver or otherwise
888-transfer [, at retail,] any semi-automatic centerfire rifle that has or
889-accepts a magazine with a capacity exceeding five rounds to any person
890-under twenty-one years of age. The provisions of this subdivision shall
891-not apply to the sale, delivery or transfer of such a rifle to any person
892-who is a member or employee of an organized local police department,
893-the Department of Emergency Services and Public Protection or the
894-Department of Correction or a member of the military or naval forces of
895-this state or of the United States for use in the discharge of their duties. Substitute House Bill No. 6667
896-
897-Public Act No. 23-53 28 of 102
898-
899-(c) [On and after April 1, 2014, no] No person may purchase or receive
900-any long gun unless such person holds a valid long gun eligibility
901-certificate issued pursuant to section 29-37p, as amended by this act, a
902-valid permit to carry a pistol or revolver issued pursuant to subsection
903-(b) of section 29-28, as amended by this act, a valid permit to sell
904-firearms at retail [a pistol or revolver] issued pursuant to subsection (a)
905-of section 29-28, as amended by this act, or a valid eligibility certificate
906-for a pistol or revolver issued pursuant to section 29-36f, as amended by
907-this act.
908-(d) No person, firm or corporation may sell, deliver or otherwise
909-transfer, at retail, any long gun to any person unless such person makes
910-application on a form prescribed and furnished by the Commissioner of
911-Emergency Services and Public Protection, which shall be attached by
912-the transferor to the federal sale or transfer document and filed and
913-retained by the transferor for at least twenty years or until such
914-transferor goes out of business. Such application shall be available for
915-inspection during normal business hours by law enforcement officials.
916-No such sale, delivery or other transfer of any long gun shall be made
917-until the person, firm or corporation making such sale, delivery or
918-transfer has ensured that such application has been completed properly
919-and has obtained an authorization number from the Commissioner of
920-Emergency Services and Public Protection for such sale, delivery or
921-transfer. The Department of Emergency Services and Public Protection
922-shall make every effort, including performing the national instant
923-criminal background check, to determine if the applicant is eligible to
924-receive such long gun. If it is determined that the applicant is ineligible
925-to receive such long gun, the Commissioner of Emergency Services and
926-Public Protection shall immediately notify the (1) person, firm or
927-corporation to whom such application was made and no such long gun
928-shall be sold, delivered or otherwise transferred to such applicant by
929-such person, firm or corporation, and (2) chief of police of the town in
930-which the applicant resides, or, where there is no chief of police, the Substitute House Bill No. 6667
931-
932-Public Act No. 23-53 29 of 102
933-
934-warden of the borough or the first selectman of the town, as the case
935-may be, that the applicant is not eligible to receive a long gun. When any
936-long gun is delivered in connection with any sale or purchase, such long
937-gun shall be enclosed in a package, the paper or wrapping of which shall
938-be securely fastened, and no such long gun when delivered on any sale
939-or purchase shall be loaded or contain any gunpowder or other
940-explosive or any bullet, ball or shell. Upon the sale, delivery or other
941-transfer of the long gun, the transferee shall sign in triplicate a receipt
942-for such long gun, which shall contain the name, address and date and
943-place of birth of such transferee, the date of such sale, delivery or
944-transfer and the caliber, make, model and manufacturer's number and a
945-general description thereof. Not later than twenty-four hours after such
946-sale, delivery or transfer, the transferor shall send by first class mail or
947-electronically transfer one receipt to the Commissioner of Emergency
948-Services and Public Protection and one receipt to the chief of police of
949-the municipality in which the transferee resides or, where there is no
950-chief of police, the chief executive officer of the municipality, as defined
951-in section 7-148, in which the transferee resides or, if designated by such
952-chief executive officer, the resident state trooper serving such
953-municipality or a state police officer of the state police troop having
954-jurisdiction over such municipality, and shall retain one receipt,
955-together with the original application, for at least five years.
956-(e) No sale, delivery or other transfer of any long gun shall be made
957-by a person who is not a federally licensed firearm manufacturer,
958-importer or dealer to a person who is not a federally licensed firearm
959-manufacturer, importer or dealer unless:
960-(1) The prospective transferor and prospective transferee comply
961-with the provisions of subsection (d) of this section and the prospective
962-transferor has obtained an authorization number from the
963-Commissioner of Emergency Services and Public Protection for such
964-sale, delivery or transfer; or Substitute House Bill No. 6667
965-
966-Public Act No. 23-53 30 of 102
967-
968-(2) The prospective transferor or prospective transferee requests a
969-federally licensed firearm dealer to contact the Department of
970-Emergency Services and Public Protection on behalf of such prospective
971-transferor or prospective transferee and the federally licensed firearm
972-dealer has obtained an authorization number from the Commissioner of
973-Emergency Services and Public Protection for such sale, delivery or
974-transfer.
975-(f) (1) [On and after January 1, 2014, for] For purposes of a transfer
976-pursuant to subdivision (2) of subsection (e) of this section, a
977-prospective transferor or prospective transferee may request a federally
978-licensed firearm dealer to contact the Department of Emergency
979-Services and Public Protection to obtain an authorization number for
980-such sale, delivery or transfer. If a federally licensed firearm dealer
981-consents to contact the department on behalf of the prospective
982-transferor or prospective transferee, the prospective transferor or
983-prospective transferee shall provide to such dealer the name, sex, race,
984-date of birth and state of residence of the prospective transferee and, if
985-necessary to verify the identity of the prospective transferee, may
986-provide a unique numeric identifier including, but not limited to, a
987-Social Security number, and additional identifiers including, but not
988-limited to, height, weight, eye and hair color, and place of birth. The
989-prospective transferee shall present to the dealer such prospective
990-transferee's valid long gun eligibility certificate issued pursuant to
991-section 29-37p, as amended by this act, valid permit to carry a pistol or
992-revolver issued pursuant to subsection (b) of section 29-28, as amended
993-by this act, valid permit to sell firearms at retail [a pistol or revolver]
994-issued pursuant to subsection (a) of section 29-28, as amended by this
995-act, or valid eligibility certificate for a pistol or revolver issued pursuant
996-to section 29-36f, as amended by this act. The dealer may charge a fee
997-for contacting the department on behalf of the prospective transferor or
998-prospective transferee. Substitute House Bill No. 6667
999-
1000-Public Act No. 23-53 31 of 102
1001-
1002-(2) The Department of Emergency Services and Public Protection
1003-shall make every effort, including performing the national instant
1004-criminal background check, to determine if the prospective transferee is
1005-eligible to receive such long gun. The Commissioner of Emergency
1006-Services and Public Protection shall immediately notify the dealer of the
1007-department's determination and the dealer shall immediately notify the
1008-prospective transferor or prospective transferee of such determination.
1009-If the department determines the prospective transferee is ineligible to
1010-receive such long gun, no long gun shall be sold, delivered or otherwise
1011-transferred by the prospective transferor to the prospective transferee.
1012-If the department determines the prospective transferee is eligible to
1013-receive such long gun and provides an authorization number for such
1014-sale, delivery or transfer, the prospective transferor may proceed to sell,
1015-deliver or otherwise transfer the long gun to the prospective transferee.
1016-(3) Upon the sale, delivery or other transfer of the long gun, the
1017-transferor or transferee shall complete a form, prescribed by the
1018-Commissioner of Emergency Services and Public Protection, that
1019-contains the name and address of the transferor, the name and address
1020-of the transferee, the date and place of birth of such transferee, the
1021-firearm permit or certificate number of the transferee, the firearm permit
1022-or certificate number of the transferor, if any, the date of such sale,
1023-delivery or transfer, the caliber, make, model and manufacturer's
1024-number and a general description of such long gun and the
1025-authorization number provided by the department. Not later than
1026-twenty-four hours after such sale, delivery or transfer, the transferor
1027-shall send by first class mail or electronically transfer one copy of such
1028-form to the Commissioner of Emergency Services and Public Protection
1029-and one copy to the chief of police of the municipality in which the
1030-transferee resides or, where there is no chief of police, the chief executive
1031-officer of the municipality, as defined in section 7-148, in which the
1032-transferee resides or, if designated by such chief executive officer, the
1033-resident state trooper serving such municipality or a state police officer Substitute House Bill No. 6667
1034-
1035-Public Act No. 23-53 32 of 102
1036-
1037-of the state police troop having jurisdiction over such municipality, and
1038-shall retain one copy, for at least five years.
1039-(g) [Prior to April 1, 2014, no] No sale, delivery or other transfer of
1040-any long gun shall be made until the expiration of two weeks from the
1041-date of the application, except that such waiting period shall not apply
1042-to any federal marshal, parole officer or peace officer, or to the sale,
1043-delivery or other transfer of (1) any long gun to a holder of a valid state
1044-permit to carry a pistol or revolver issued under the provisions of
1045-section 29-28, as amended by this act, a valid eligibility certificate issued
1046-under the provisions of section 29-36f, as amended by this act, or a valid
1047-long gun eligibility certificate issued under the provisions of section 29-
1048-37p, as amended by this act, (2) any long gun to an active member of the
1049-armed forces of the United States or of any reserve component thereof,
1050-(3) any long gun to a holder of a valid hunting license issued pursuant
1051-to chapter 490, or (4) antique firearms. For the purposes of this
1052-subsection, "antique firearm" means any firearm which was
1053-manufactured in or before 1898 and any replica of such firearm,
1054-provided such replica is not designed or redesigned for using rimfire or
1055-conventional centerfire fixed ammunition except rimfire or
1056-conventional centerfire fixed ammunition which is no longer
1057-manufactured in the United States and not readily available in the
1058-ordinary channel of commercial trade.
1059-(h) The provisions of subsections (c) to (g), inclusive, of this section
1060-shall not apply to the sale, delivery or transfer of (1) long guns to (A) the
1061-Department of Emergency Services and Public Protection, police
1062-departments, the Department of Correction, the Division of Criminal
1063-Justice, the Department of Motor Vehicles, the Department of Energy
1064-and Environmental Protection or the military or naval forces of this state
1065-or of the United States, (B) a sworn and duly certified member of an
1066-organized police department, the Division of State Police within the
1067-Department of Emergency Services and Public Protection or the Substitute House Bill No. 6667
1068-
1069-Public Act No. 23-53 33 of 102
1070-
1071-Department of Correction, a chief inspector or inspector in the Division
1072-of Criminal Justice, a salaried inspector of motor vehicles designated by
1073-the Commissioner of Motor Vehicles, a conservation officer or special
1074-conservation officer appointed by the Commissioner of Energy and
1075-Environmental Protection pursuant to section 26-5, or a constable who
1076-is certified by the Police Officer Standards and Training Council and
1077-appointed by the chief executive authority of a town, city or borough to
1078-perform criminal law enforcement duties, pursuant to a letter on the
1079-letterhead of such department, division, commissioner or authority
1080-authorizing the purchase and stating that the sworn member, inspector,
1081-officer or constable will use the long gun in the discharge of official
1082-duties, and that a records check indicates that the sworn member,
1083-inspector, officer or constable has not been convicted of a crime of family
1084-violence, for use by such sworn member, inspector, officer or constable
1085-in the discharge of such sworn member's, inspector's, officer's or
1086-constable's official duties or when off duty, (C) a member of the military
1087-or naval forces of this state or of the United States, or (D) a nuclear
1088-facility licensed by the United States Nuclear Regulatory Commission
1089-for the purpose of providing security services at such facility, or any
1090-contractor or subcontractor of such facility for the purpose of providing
1091-security services at such facility; (2) long guns to or between federally
1092-licensed firearm manufacturers, importers or dealers; (3) curios or relics,
1093-as defined in 27 CFR 478.11, to or between federally licensed firearm
1094-collectors; or (4) antique firearms, as defined in subsection (g) of this
1095-section.
1096-(i) If the court finds that a violation of this section is not of a serious
1097-nature and that the person charged with such violation (1) will probably
1098-not offend in the future, (2) has not previously been convicted of a
1099-violation of this section, and (3) has not previously had a prosecution
1100-under this section suspended pursuant to this subsection, it may order
1101-suspension of prosecution. The court shall not order suspension of
1102-prosecution unless the accused person has acknowledged that he Substitute House Bill No. 6667
1103-
1104-Public Act No. 23-53 34 of 102
1105-
1106-understands the consequences of the suspension of prosecution. Any
1107-person for whom prosecution is suspended shall agree to the tolling of
1108-any statute of limitations with respect to such violation and to a waiver
1109-of his right to a speedy trial. Such person shall appear in court and shall
1110-be released to the supervision of the Court Support Services Division for
1111-such period, not exceeding two years, and under such conditions as the
1112-court shall order. If the person refuses to accept, or, having accepted,
1113-violates such conditions, the court shall terminate the suspension of
1114-prosecution and the case shall be brought to trial. If such person
1115-satisfactorily completes his period of probation, he may apply for
1116-dismissal of the charges against him and the court, on finding such
1117-satisfactory completion, shall dismiss such charges. If the person does
1118-not apply for dismissal of the charges against him after satisfactorily
1119-completing his period of probation, the court, upon receipt of a report
1120-submitted by the Court Support Services Division that the person
1121-satisfactorily completed his period of probation, may on its own motion
1122-make a finding of such satisfactory completion and dismiss such
1123-charges. Upon dismissal, all records of such charges shall be erased
1124-pursuant to section 54-142a. An order of the court denying a motion to
1125-dismiss the charges against a person who has completed his period of
1126-probation or terminating the participation of a defendant in such
1127-program shall be a final judgment for purposes of appeal.
1128-(j) Any person who violates any provision of this section shall be
1129-guilty of a class D felony, except that any person who sells, delivers or
1130-otherwise transfers a long gun in violation of the provisions of this
1131-section, knowing that such long gun is stolen or that the manufacturer's
1132-number or other mark of identification on such long gun has been
1133-altered, removed or obliterated, shall be guilty of a class B felony, and
1134-any long gun found in the possession of any person in violation of any
1135-provision of this section shall be forfeited.
1136-Sec. 12. Section 29-37i of the general statutes is repealed and the Substitute House Bill No. 6667
1137-
1138-Public Act No. 23-53 35 of 102
1139-
1140-following is substituted in lieu thereof (Effective October 1, 2023):
1141-No person shall store or keep any firearm, as defined in section 53a-
1142-3, as amended by this act, on any premises under such person's control
1143-[if such person knows or reasonably should know that (1) a minor is
1144-likely to gain access to the firearm without the permission of the parent
1145-or guardian of the minor, (2) a resident of the premises is ineligible to
1146-possess a firearm under state or federal law, (3) a resident of the
1147-premises is subject to a risk protection order issued pursuant to section
1148-29-38c, or (4) a resident of the premises poses a risk of imminent
1149-personal injury to himself or herself or to another person,] unless such
1150-person [(A)] (1) keeps the firearm in a securely locked box or other
1151-container or in a manner which a reasonable person would believe to be
1152-secure, or [(B)] (2) carries the firearm on his or her person or within such
1153-close proximity thereto that such person can readily retrieve and use the
1154-firearm as if such person carried the firearm on his or her person. [For
1155-the purposes of this section, "minor" means any person under the age of
1156-eighteen years.]
1157-Sec. 13. Section 29-38b of the general statutes is repealed and the
1158-following is substituted in lieu thereof (Effective October 1, 2023):
1159-(a) The Commissioner of Emergency Services and Public Protection,
1160-in fulfilling [his] the commissioner's obligations under sections 29-28 to
1161-29-38, inclusive, as amended by this act, and section 53-202d, as
1162-amended by this act, shall verify that any person who [, on or after
1163-October 1, 1998,] applies for or seeks renewal of a permit to sell firearms
1164-at retail, [a pistol or revolver,] a permit to carry a pistol or revolver, an
1165-eligibility certificate for a pistol or revolver or a certificate of possession
1166-for an assault weapon, or who [, on or after July 1, 2013,] applies for or
1167-seeks renewal of a long gun eligibility certificate, has not been confined
1168-in a hospital for persons with psychiatric disabilities, as defined in
1169-section 17a-495, within the preceding sixty months by order of a probate
1170-court or has not been voluntarily admitted to a hospital for persons with Substitute House Bill No. 6667
1171-
1172-Public Act No. 23-53 36 of 102
1173-
1174-psychiatric disabilities, as defined in section 17a-495, within the
1175-preceding six months for care and treatment of a psychiatric disability
1176-and not solely for being an alcohol-dependent person or a drug-
1177-dependent person as those terms are defined in section 17a-680, by
1178-making an inquiry to the Department of Mental Health and Addiction
1179-Services in such a manner so as to only receive a report on the
1180-commitment or admission status of the person with respect to whom the
1181-inquiry is made including identifying information in accordance with
1182-the provisions of subsection (b) of section 17a-500.
1183-(b) If the Commissioner of Emergency Services and Public Protection
1184-determines pursuant to subsection (a) of this section that a person has
1185-been confined in a hospital for persons with psychiatric disabilities, as
1186-defined in section 17a-495, within the preceding sixty months by order
1187-of a probate court or has been voluntarily admitted to a hospital for
1188-persons with psychiatric disabilities, as defined in section 17a-495,
1189-within the preceding six months for care and treatment of a psychiatric
1190-disability and not solely for being an alcohol-dependent person or a
1191-drug-dependent person as those terms are defined in section 17a-680,
1192-said commissioner shall report the status of such person's application
1193-for or renewal of a permit to sell firearms at retail, [a pistol or revolver,]
1194-a permit to carry a pistol or revolver, an eligibility certificate for a pistol
1195-or revolver, a certificate of possession for an assault weapon or a long
1196-gun eligibility certificate to the Commissioner of Mental Health and
1197-Addiction Services for the purpose of fulfilling his responsibilities under
1198-subsection (c) of section 17a-500.
1199-Sec. 14. Section 29-38m of the general statutes is repealed and the
1200-following is substituted in lieu thereof (Effective October 1, 2023):
1201-(a) For the purposes of this section and sections 29-38n to 29-38p,
1202-inclusive, "ammunition" means a loaded cartridge, consisting of a
1203-primed case, propellant or projectile, designed for use in any firearm,
1204-"firearm" has the meaning provided in section 53a-3, as amended by this Substitute House Bill No. 6667
1205-
1206-Public Act No. 23-53 37 of 102
1207-
1208-act, and "magazine" means any firearm magazine, belt, drum, feed strip
1209-or similar device that accepts ammunition.
1210-(b) No person, firm or corporation shall sell ammunition or an
1211-ammunition magazine to any person under eighteen years of age.
1212-(c) [On and after October 1, 2013, no] No person, firm or corporation
1213-shall sell ammunition or an ammunition magazine to any person unless
1214-such person holds a valid permit to carry a pistol or revolver issued
1215-pursuant to subsection (b) of section 29-28, as amended by this act, a
1216-valid permit to sell firearms at retail [a pistol or revolver] issued
1217-pursuant to subsection (a) of section 29-28, as amended by this act, a
1218-valid eligibility certificate for a pistol or revolver issued pursuant to
1219-section 29-36f, as amended by this act, or a valid long gun eligibility
1220-certificate issued pursuant to section 29-37p, as amended by this act, and
1221-presents to the transferor such permit or certificate, or unless such
1222-person holds a valid ammunition certificate issued pursuant to section
1223-29-38n and presents to the transferor such certificate and such person's
1224-motor vehicle operator's license, passport or other valid form of
1225-identification issued by the federal government or a state or municipal
1226-government that contains such person's date of birth and photograph.
1227-(d) The provisions of [subsection] subsections (b) and (c) of this
1228-section shall not apply to the sale of ammunition to (1) the Department
1229-of Emergency Services and Public Protection, police departments, the
1230-Department of Correction, the Division of Criminal Justice, the
1231-Department of Motor Vehicles, the Department of Energy and
1232-Environmental Protection or the military or naval forces of this state or
1233-of the United States; (2) a sworn and duly certified member of an
1234-organized police department, the Division of State Police within the
1235-Department of Emergency Services and Public Protection or the
1236-Department of Correction, a chief inspector or inspector in the Division
1237-of Criminal Justice, a salaried inspector of motor vehicles designated by
1238-the Commissioner of Motor Vehicles, a conservation officer or special Substitute House Bill No. 6667
1239-
1240-Public Act No. 23-53 38 of 102
1241-
1242-conservation officer appointed by the Commissioner of Energy and
1243-Environmental Protection pursuant to section 26-5, or a constable who
1244-is certified by the Police Officer Standards and Training Council and
1245-appointed by the chief executive authority of a town, city or borough to
1246-perform criminal law enforcement duties, for use by such sworn
1247-member, inspector, officer or constable in the discharge of such sworn
1248-member's, inspector's, officer's or constable's official duties or when off
1249-duty; (3) a member of the military or naval forces of this state or of the
1250-United States; (4) a nuclear facility licensed by the United States Nuclear
1251-Regulatory Commission for the purpose of providing security services
1252-at such facility, or any contractor or subcontractor of such facility for the
1253-purpose of providing security services at such facility; or (5) a federally
1254-licensed firearm manufacturer, importer, dealer or collector.
1255-(e) Any person who violates any provision of this section shall be
1256-guilty of a class D felony.
1257-Sec. 15. Subsections (d) to (f), inclusive, of section 53-202f of the
1258-general statutes are repealed and the following is substituted in lieu
1259-thereof (Effective from passage):
1260-(d) (1) Not later than December 31, 2013, any person who lawfully
1261-possessed an assault weapon described in any provision of
1262-subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a,
1263-as amended by this act, on April 4, 2013, which was lawful under the
1264-provisions of sections 53-202a to 53-202k, inclusive, as amended by this
1265-act, in effect on January 1, 2013, may transfer possession of the assault
1266-weapon to a licensed gun dealer within or outside of this state for sale
1267-outside of this state, and may transport the assault weapon to such
1268-dealer for the purpose of making such transfer, without obtaining a
1269-certificate of possession under section 53-202d, as amended by this act.
1270-(2) Not later than April 30, 2024, any person who lawfully possessed
1271-a 2023 assault weapon on the date immediately preceding the effective Substitute House Bill No. 6667
1272-
1273-Public Act No. 23-53 39 of 102
1274-
1275-date of this section, which was lawful under the provisions of sections
1276-53-202a to 53-202k, inclusive, as amended by this act, in effect on January
1277-1, 2023, may transfer possession of the 2023 assault weapon to a licensed
1278-gun dealer within or outside of this state for sale outside of this state,
1279-and may transport the 2023 assault weapon to such dealer for the
1280-purpose of making such transfer, without obtaining a certificate of
1281-possession under section 53-202d, as amended by this act.
1282-(e) (1) Not later than October 1, 2013, any licensed gun dealer,
1283-pawnbroker licensed under section 21-40, or consignment shop
1284-operator, as defined in section 21-39a, may transfer possession of an
1285-assault weapon to any person who [(1)] (A) legally possessed the assault
1286-weapon prior to or on April 4, 2013, [(2)] (B) placed the assault weapon
1287-in the possession of such dealer, pawnbroker or operator prior to or on
1288-April 4, 2013, pursuant to an agreement between such person and such
1289-dealer, pawnbroker or operator for the sale of the assault weapon to a
1290-third person, and [(3)] (C) is eligible to possess a firearm on the date of
1291-such transfer.
1292-(2) Any licensed gun dealer, pawnbroker licensed under section 21-
1293-40, or consignment shop operator, as defined in section 21-39a, may
1294-transfer possession of a 2023 assault weapon to any person who (A)
1295-legally possessed the 2023 assault weapon prior to the effective date of
1296-this section, (B) placed the 2023 assault weapon in the possession of such
1297-dealer, pawnbroker or operator pursuant to an agreement between such
1298-person and such dealer, pawnbroker or operator for the sale of the
1299-assault weapon to a third person, and (C) is eligible to possess a firearm
1300-on the date of such transfer.
1301-(f) The term "licensed gun dealer", as used in sections 53-202a to 53-
1302-202k, inclusive, as amended by this act, means a person who has a
1303-federal firearms license and a permit to sell firearms pursuant to section
1304-29-28, as amended by this act. Substitute House Bill No. 6667
1305-
1306-Public Act No. 23-53 40 of 102
1307-
1308-Sec. 16. Subsection (b) of section 54-36e of the general statutes is
1309-repealed and the following is substituted in lieu thereof (Effective October
1310-1, 2023):
1311-(b) Firearms and ammunition turned over to the state police pursuant
1312-to subsection (a) of this section which are not destroyed or retained for
1313-appropriate use shall be sold at public auctions, conducted by the
1314-Commissioner of Administrative Services or said commissioner's
1315-designee. Pistols and revolvers, as defined in section 53a-3, as amended
1316-by this act, which are antiques, as defined in section 29-33, as amended
1317-by this act, or curios or relics, as defined in the Code of Federal
1318-Regulations, Title 27, Chapter 1, Part 178, or modern pistols and
1319-revolvers which have a current retail value of one hundred dollars or
1320-more may be sold at such public auctions, provided such pistols and
1321-revolvers shall be sold only to persons who have a valid permit to sell
1322-[a pistol or revolver] firearms at retail, or a valid permit to carry a pistol
1323-or revolver, issued pursuant to section 29-28, as amended by this act.
1324-Rifles and shotguns, as defined in section 53a-3, as amended by this act,
1325-shall be sold only to persons qualified under federal law to purchase
1326-such rifles and shotguns and who have a valid long gun eligibility
1327-certificate issued pursuant to section 29-37p, as amended by this act. The
1328-proceeds of any such sale shall be paid to the State Treasurer and
1329-deposited by the State Treasurer in the forfeit firearms account within
1330-the General Fund.
1331-Sec. 17. Subsection (e) of section 53-202l of the general statutes is
1332-repealed and the following is substituted in lieu thereof (Effective October
1333-1, 2023):
1334-(e) If the court finds that a violation of this section is not of a serious
1335-nature and that the person charged with such violation (1) will probably
1336-not offend in the future, (2) has not previously been convicted of a
1337-violation of this section, and (3) has not previously had a prosecution
1338-under this section suspended pursuant to this subsection, it may order Substitute House Bill No. 6667
1339-
1340-Public Act No. 23-53 41 of 102
1341-
1342-suspension of prosecution in accordance with the provisions of
1343-subsection [(h)] (i) of section 29-33, as amended by this act.
1344-Sec. 18. Subsection (g) of section 53-202w of the general statutes is
1345-repealed and the following is substituted in lieu thereof (Effective October
1346-1, 2023):
1347-(g) If the court finds that a violation of this section is not of a serious
1348-nature and that the person charged with such violation (1) will probably
1349-not offend in the future, (2) has not previously been convicted of a
1350-violation of this section, and (3) has not previously had a prosecution
1351-under this section suspended pursuant to this subsection, it may order
1352-suspension of prosecution in accordance with the provisions of
1353-subsection [(h)] (i) of section 29-33, as amended by this act.
1354-Sec. 19. Subsection (f) of section 53-206g of the general statutes is
1355-repealed and the following is substituted in lieu thereof (Effective October
1356-1, 2023):
1357-(f) If the court finds that a violation of this section is not of a serious
1358-nature and that the person charged with such violation (1) will probably
1359-not offend in the future, (2) has not previously been convicted of a
1360-violation of this section, and (3) has not previously had a prosecution
1361-under this section suspended pursuant to this subsection, it may order
1362-suspension of prosecution in accordance with the provisions of
1363-subsection [(h)] (i) of section 29-33, as amended by this act.
1364-Sec. 20. Section 53a-217a of the general statutes is repealed and the
1365-following is substituted in lieu thereof (Effective October 1, 2023):
1366-(a) [A] Except as provided in subsection (b) of this section, a person
1367-is guilty of criminally negligent storage of a firearm when such person
1368-violates the provisions of section 29-37i, as amended by this act, and [a
1369-minor or, a resident of the premises who is ineligible to possess a firearm
1370-under state or federal law or who poses a risk of imminent personal Substitute House Bill No. 6667
1371-
1372-Public Act No. 23-53 42 of 102
1373-
1374-injury to himself or herself or to other individuals,] another person
1375-obtains the firearm and causes the injury or death of such [minor,
1376-resident] person or any other person. [For the purposes of this section,
1377-"minor" means any person under the age of eighteen years.]
1378-(b) The provisions of this section shall not apply if the [minor] person
1379-obtains the firearm as a result of an unlawful entry to any premises by
1380-any person and, if such firearm is stolen, such firearm is reported stolen
1381-pursuant to the provisions of section 53-202g, as amended by this act.
1382-(c) Criminally negligent storage of a firearm is a class D felony.
1383-Sec. 21. Section 54-66a of the general statutes is repealed and the
1384-following is substituted in lieu thereof (Effective October 1, 2023):
1385-Any bail bond posted in any criminal proceeding in this state shall be
1386-automatically terminated and released whenever the defendant: (1) Is
1387-granted accelerated rehabilitation pursuant to section 54-56e; (2) is
1388-granted admission to the pretrial alcohol education program pursuant
1389-to section 54-56g; (3) is granted admission to the pretrial family violence
1390-education program pursuant to section 46b-38c; (4) is granted admission
1391-to the pretrial drug education and community service program
1392-pursuant to section 54-56i; (5) has the complaint or information filed
1393-against such defendant dismissed; (6) has the prosecution of the
1394-complaint or information filed against such defendant terminated by
1395-entry of a nolle prosequi; (7) is acquitted; (8) is sentenced by the court
1396-and a stay of such sentence, if any, is lifted; (9) is granted admission to
1397-the pretrial school violence prevention program pursuant to section 54-
1398-56j; (10) is charged with a violation of section 29-33, as amended by this
1399-act, 53-202l, as amended by this act, or 53-202w, as amended by this act,
1400-and prosecution has been suspended pursuant to subsection [(h)] (i) of
1401-section 29-33, as amended by this act; (11) is charged with a violation of
1402-section 29-37a, as amended by this act, and prosecution has been
1403-suspended pursuant to subsection (i) of section 29-37a, as amended by Substitute House Bill No. 6667
1404-
1405-Public Act No. 23-53 43 of 102
1406-
1407-this act; (12) is granted admission to the supervised diversionary
1408-program for persons with psychiatric disabilities, or persons who are
1409-veterans, pursuant to section 54-56l; (13) is granted admission to a
1410-diversionary program for young persons charged with a motor vehicle
1411-violation or an alcohol-related offense pursuant to section 54-56p; (14) is
1412-granted admission to the pretrial drug intervention and community
1413-service program pursuant to section 54-56q; or (15) is granted admission
1414-to the pretrial impaired driving intervention program pursuant to
1415-section 54-56r.
1416-Sec. 22. Subdivision (8) of section 54-280 of the general statutes is
1417-repealed and the following is substituted in lieu thereof (Effective October
1418-1, 2023):
1419-(8) "Offense committed with a deadly weapon" or "offense" means:
1420-(A) A violation of subsection (c) of section 2-1e, subsection (e) of section
1421-29-28, subsections (a) to (e), inclusive, or [(i)] (j) of section 29-33, as
1422-amended by this act, section 29-34, subsection (a) of section 29-35, as
1423-amended by this act, section 29-36, 29-36k, 29-37a, as amended by this
1424-act, or 29-37e, subsection (c) of section 29-37g, section 29-37j, subsection
1425-(b), (c) or (g) of section 53-202, section 53-202b, 53-202c, as amended by
1426-this act, 53-202j, 53-202k, 53-202l, as amended by this act, 53-202aa or 53-
1427-206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a,
1428-53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212,
1429-53a-216, 53a-217, 53a-217a, as amended by this act, 53a-217b or 53a-217c,
1430-as amended by this act, or a second or subsequent violation of section
1431-53-202g, as amended by this act; or (B) a violation of any section of the
1432-general statutes which constitutes a felony, as defined in section 53a-25,
1433-provided the court makes a finding that, at the time of the offense, the
1434-offender used a deadly weapon, or was armed with and threatened the
1435-use of or displayed or represented by words or conduct that the offender
1436-possessed a deadly weapon;
1437-Sec. 23. Section 53-202a of the general statutes is repealed and the Substitute House Bill No. 6667
1438-
1439-Public Act No. 23-53 44 of 102
1440-
1441-following is substituted in lieu thereof (Effective from passage):
1442-As used in this section and sections 53-202b to 53-202k, inclusive:
1443-(1) "Assault weapon" means:
1444-(A) (i) Any selective-fire firearm capable of fully automatic,
1445-semiautomatic or burst fire at the option of the user or any of the
1446-following specified semiautomatic firearms: Algimec Agmi; Armalite
1447-AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance
1448-Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty
1449-model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol;
1450-Calico models M-900, M-950 and 100-P; Chartered Industries of
1451-Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and
1452-Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL,
1453-FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT;
1454-Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR
1455-and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol;
1456-Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-
1457-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion;
1458-Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock
1459-model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto
1460-Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3;
1461-Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12
1462-revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and
1463-Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol;
1464-(ii) A part or combination of parts designed or intended to convert a
1465-firearm into an assault weapon, as defined in subparagraph (A)(i) of this
1466-subdivision, or any combination of parts from which an assault weapon,
1467-as defined in subparagraph (A)(i) of this subdivision, may be rapidly
1468-assembled if those parts are in the possession or under the control of the
1469-same person; Substitute House Bill No. 6667
1470-
1471-Public Act No. 23-53 45 of 102
1472-
1473-(B) Any of the following specified semiautomatic centerfire rifles, or
1474-copies or duplicates thereof with the capability of any such rifles, that
1475-were in production prior to or on April 4, 2013: (i) AK-47; (ii) AK-74; (iii)
1476-AKM; (iv) AKS-74U; (v) ARM; (vi) MAADI AK47; (vii) MAK90; (viii)
1477-MISR; (ix) NHM90 and NHM91; (x) Norinco 56, 56S, 84S and 86S; (xi)
1478-Poly Technologies AKS and AK47; (xii) SA 85; (xiii) SA 93; (xiv) VEPR;
1479-(xv) WASR-10; (xvi) WUM; (xvii) Rock River Arms LAR-47; (xviii)
1480-Vector Arms AK-47; (xix) AR-10; (xx) AR-15; (xxi) Bushmaster Carbon
1481-15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster MOE Rifles;
1482-(xxii) Colt Match Target Rifles; (xxiii) Armalite M15; (xxiv) Olympic
1483-Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles;
1484-(xxv) DPMS Tactical Rifles; (xxvi) Smith and Wesson M&P15 Rifles;
1485-(xxvii) Rock River Arms LAR-15; (xxviii) Doublestar AR Rifles; (xxix)
1486-Barrett REC7; (xxx) Beretta Storm; (xxxi) Calico Liberty 50, 50 Tactical,
1487-100, 100 Tactical, I, I Tactical, II and II Tactical Rifles; (xxxii) Hi-Point
1488-Carbine Rifles; (xxxiii) HK-PSG-1; (xxxiv) Kel-Tec Sub-2000, SU Rifles,
1489-and RFB; (xxxv) Remington Tactical Rifle Model 7615; (xxxvi) SAR-8,
1490-SAR-4800 and SR9; (xxxvii) SLG 95; (xxxviii) SLR 95 or 96; (xxxix) TNW
1491-M230 and M2HB; (xl) Vector Arms UZI; (xli) Galil and Galil Sporter;
1492-(xlii) Daewoo AR 100 and AR 110C; (xliii) Fabrique Nationale/FN 308
1493-Match and L1A1 Sporter; (xliv) HK USC; (xlv) IZHMASH Saiga AK;
1494-(xlvi) SIG Sauer 551-A1, 556, 516, 716 and M400 Rifles; (xlvii) Valmet
1495-M62S, M71S and M78S; (xlviii) Wilkinson Arms Linda Carbine; and
1496-(xlix) Barrett M107A1;
1497-(C) Any of the following specified semiautomatic pistols, or copies or
1498-duplicates thereof with the capability of any such pistols, that were in
1499-production prior to or on April 4, 2013: (i) Centurion 39 AK; (ii) Draco
1500-AK-47; (iii) HCR AK-47; (iv) IO Inc. Hellpup AK-47; (v) Mini-Draco AK-
1501-47; (vi) Yugo Krebs Krink; (vii) American Spirit AR-15; (viii) Bushmaster
1502-Carbon 15; (ix) Doublestar Corporation AR; (x) DPMS AR-15; (xi)
1503-Olympic Arms AR-15; (xii) Rock River Arms LAR 15; (xiii) Calico
1504-Liberty III and III Tactical Pistols; (xiv) Masterpiece Arms MPA Pistols Substitute House Bill No. 6667
1505-
1506-Public Act No. 23-53 46 of 102
1507-
1508-and Velocity Arms VMA Pistols; (xv) Intratec TEC-DC9 and AB-10; (xvi)
1509-Colefire Magnum; (xvii) German Sport 522 PK and Chiappa Firearms
1510-Mfour-22; (xviii) DSA SA58 PKP FAL; (xix) I.O. Inc. PPS-43C; (xx) Kel-
1511-Tec PLR-16 Pistol; (xxi) Sig Sauer P516 and P556 Pistols; and (xxii)
1512-Thompson TA5 Pistols;
1513-(D) Any of the following semiautomatic shotguns, or copies or
1514-duplicates thereof with the capability of any such shotguns, that were in
1515-production prior to or on April 4, 2013: All IZHMASH Saiga 12
1516-Shotguns;
1517-(E) Any semiautomatic firearm regardless of whether such firearm is
1518-listed in subparagraphs (A) to (D), inclusive, of this subdivision, and
1519-regardless of the date such firearm was produced, that meets the
1520-following criteria:
1521-(i) A semiautomatic, centerfire rifle that has an ability to accept a
1522-detachable magazine and has at least one of the following:
1523-(I) A folding or telescoping stock;
1524-(II) Any grip of the weapon, including a pistol grip, a thumbhole
1525-stock, or any other stock, the use of which would allow an individual to
1526-grip the weapon, resulting in any finger on the trigger hand in addition
1527-to the trigger finger being directly below any portion of the action of the
1528-weapon when firing;
1529-(III) A forward pistol grip;
1530-(IV) A flash suppressor; or
1531-(V) A grenade launcher or flare launcher; or
1532-(ii) A semiautomatic, centerfire rifle that has a fixed magazine with
1533-the ability to accept more than ten rounds; or Substitute House Bill No. 6667
1534-
1535-Public Act No. 23-53 47 of 102
1536-
1537-(iii) A semiautomatic, centerfire rifle that has an overall length of less
1538-than thirty inches; or
1539-(iv) A semiautomatic pistol that has an ability to accept a detachable
1540-magazine and has at least one of the following:
1541-(I) An ability to accept a detachable ammunition magazine that
1542-attaches at some location outside of the pistol grip;
1543-(II) A threaded barrel capable of accepting a flash suppressor,
1544-forward pistol grip or silencer;
1545-(III) A shroud that is attached to, or partially or completely encircles,
1546-the barrel and that permits the shooter to fire the firearm without being
1547-burned, except a slide that encloses the barrel; or
1548-(IV) A second hand grip; or
1549-(v) A semiautomatic pistol with a fixed magazine that has the ability
1550-to accept more than ten rounds; or
1551-(vi) A semiautomatic shotgun that has both of the following:
1552-(I) A folding or telescoping stock; and
1553-(II) Any grip of the weapon, including a pistol grip, a thumbhole
1554-stock, or any other stock, the use of which would allow an individual to
1555-grip the weapon, resulting in any finger on the trigger hand in addition
1556-to the trigger finger being directly below any portion of the action of the
1557-weapon when firing; or
1558-(vii) A semiautomatic shotgun that has the ability to accept a
1559-detachable magazine; or
1560-(viii) A shotgun with a revolving cylinder; or
1561-(ix) Any semiautomatic firearm that meets the criteria set forth in Substitute House Bill No. 6667
1562-
1563-Public Act No. 23-53 48 of 102
1564-
1565-subdivision (3) or (4) of subsection (a) of section 53-202a of the general
1566-statutes, revision of 1958, revised to January 1, 2013; or
1567-(F) A part or combination of parts designed or intended to convert a
1568-firearm into an assault weapon, as defined in any provision of
1569-subparagraphs (B) to (E), inclusive, of this subdivision, or any
1570-combination of parts from which an assault weapon, as defined in any
1571-provision of subparagraphs (B) to (E), inclusive, of this subdivision, may
1572-be assembled if those parts are in the possession or under the control of
1573-the same person;
1574-(G) Any semiautomatic firearm other than a pistol, revolver, rifle or
1575-shotgun, regardless of whether such firearm is listed in subparagraphs
1576-(A) to (D), inclusive, of this subdivision, and regardless of the date such
1577-firearm was produced, that has at least one of the following:
1578-(i) Any grip of the weapon, including a pistol grip, a thumbhole stock
1579-or any other stock, the use of which would allow an individual to grip
1580-the weapon, resulting in any finger on the trigger hand in addition to
1581-the trigger finger being directly below any portion of the action of the
1582-weapon when firing;
1583-(ii) An ability to accept a detachable ammunition magazine that
1584-attaches at some location outside of the pistol grip;
1585-(iii) A fixed magazine with the ability to accept more than ten rounds;
1586-(iv) A flash suppressor or silencer, or a threaded barrel capable of
1587-accepting a flash suppressor or silencer;
1588-(v) A shroud that is attached to, or partially or completely encircles,
1589-the barrel and that permits the shooter to fire the firearm without being
1590-burned, except a slide that encloses the barrel;
1591-(vi) A second hand grip; or Substitute House Bill No. 6667
1592-
1593-Public Act No. 23-53 49 of 102
1594-
1595-(vii) An arm brace or other stabilizing brace that could allow such
1596-firearm to be fired from the shoulder, with or without a strap designed
1597-to attach to an individual's arm;
1598-(H) Any semiautomatic firearm that meets the criteria set forth in
1599-subdivision (3) or (4) of subsection (a) of section 53-202a of the general
1600-statutes, revision of 1958, revised to January 1, 2013, that was legally
1601-manufactured prior to September 13, 1994; or
1602-(I) A combination of parts designed or intended to convert a firearm
1603-into an assault weapon, as defined in any provision of subparagraph (G)
1604-or (H) of this subdivision, or any combination of parts from which an
1605-assault weapon, as defined in any provision of subparagraph (G) or (H)
1606-of this subdivision, may be assembled if those parts are in the possession
1607-or under the control of the same person;
1608-(2) "Assault weapon" does not include (A) any firearm modified to
1609-render it permanently inoperable, or (B) a part or any combination of
1610-parts of an assault weapon, that are not assembled as an assault weapon,
1611-when in the possession of a licensed gun dealer, as defined in subsection
1612-(f) of section 53-202f, as amended by this act, or a gunsmith who is in
1613-the licensed gun dealer's employ, for the purposes of servicing or
1614-repairing lawfully possessed assault weapons under sections 53-202a to
1615-53-202k, inclusive, as amended by this act;
1616-(3) "Action of the weapon" means the part of the firearm that loads,
1617-fires and ejects a cartridge, which part includes, but is not limited to, the
1618-upper and lower receiver, charging handle, forward assist, magazine
1619-release and shell deflector;
1620-(4) "Detachable magazine" means an ammunition feeding device that
1621-can be removed without disassembling the firearm action;
1622-(5) "Firearm" means a firearm, as defined in section 53a-3, as amended
1623-by this act; Substitute House Bill No. 6667
1624-
1625-Public Act No. 23-53 50 of 102
1626-
1627-(6) "Forward pistol grip" means any feature capable of functioning as
1628-a grip that can be held by the nontrigger hand;
1629-(7) "Lawfully possesses" means: [, with]
1630-(A) With respect to an assault weapon described in any provision of
1631-subparagraphs (B) to (F), inclusive, of [this] subdivision (1) of this
1632-section, [(A)] (i) actual possession that is lawful under sections 53-202b
1633-to 53-202k, [(B)] (ii) constructive possession pursuant to a lawful
1634-purchase transacted prior to or on April 4, 2013, regardless of whether
1635-the assault weapon was delivered to the purchaser prior to or on April
1636-4, 2013, which lawful purchase is evidenced by a writing sufficient to
1637-indicate that [(i)] (I) a contract for sale was made between the parties
1638-prior to or on April 4, 2013, for the purchase of the assault weapon, or
1639-[(ii)] (II) full or partial payment for the assault weapon was made by the
1640-purchaser to the seller of the assault weapon prior to or on April 4, 2013,
1641-or [(C)] (iii) actual possession under subparagraph [(A)] (A)(i) of this
1642-subdivision, or constructive possession under subparagraph [(B)] (A)(ii)
1643-of this subdivision, as evidenced by a written statement made under
1644-penalty of false statement on such form as the Commissioner of
1645-Emergency Services and Public Protection prescribes; or
1646-(B) With respect to a 2023 assault weapon, (i) actual possession that
1647-is lawful under sections 53-202b to 53-202k, inclusive, (ii) constructive
1648-possession pursuant to a lawful purchase transacted prior to the
1649-effective date of this section, regardless of whether such assault weapon
1650-was delivered to the purchaser prior to the effective date of this section,
1651-which lawful purchase is evidenced by a writing sufficient to indicate
1652-that (I) a contract for sale was made between the parties prior to the
1653-effective date of this section, for the purchase of such assault weapon, or
1654-(II) full or partial payment for such assault weapon was made by the
1655-purchaser to the seller of such assault weapon prior to the effective date
1656-of this section, or (iii) actual possession under subparagraph (B)(i) of this
1657-subdivision, or constructive possession under subparagraph (B)(ii) of Substitute House Bill No. 6667
1658-
1659-Public Act No. 23-53 51 of 102
1660-
1661-this subdivision, as evidenced by a written statement made under
1662-penalty of false statement on such form as the Commissioner of
1663-Emergency Services and Public Protection prescribes;
1664-(8) "Pistol grip" means a grip or similar feature that can function as a
1665-grip for the trigger hand; [and]
1666-(9) "Second hand grip" means a grip or similar feature that can
1667-function as a grip that is additional to the trigger hand grip; and
1668-(10) "2023 assault weapon" means an assault weapon described in any
1669-provision of subparagraphs (G) to (I), inclusive, of subdivision (1) of this
1670-section.
1671-Sec. 24. Section 53-202c of the general statutes is repealed and the
1672-following is substituted in lieu thereof (Effective from passage):
1673-(a) Except as provided in section 53-202e, any person who, within this
1674-state, possesses an assault weapon, except as provided in sections 53-
1675-202a to 53-202k, inclusive, as amended by this act, and 53-202o, shall be
1676-guilty of a class D felony and shall be sentenced to a term of
1677-imprisonment of which one year may not be suspended or reduced by
1678-the court, except that a first-time violation of this subsection shall be a
1679-class A misdemeanor if (1) the person presents proof that such person
1680-lawfully possessed the assault weapon (A) prior to October 1, 1993, with
1681-respect to an assault weapon described in subparagraph (A) of
1682-subdivision (1) of section 53-202a, as amended by this act, [or] (B) on
1683-April 4, 2013, under the provisions of sections 53-202a to 53-202k,
1684-inclusive, as amended by this act, in effect on January 1, 2013, with
1685-respect to an assault weapon described in any provision of
1686-subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a,
1687-as amended by this act, or (C) on the date immediately preceding the
1688-effective date of this section, under the provisions of sections 53-202a to
1689-53-202k, inclusive, revision of 1958, revised to January 1, 2023, with Substitute House Bill No. 6667
1690-
1691-Public Act No. 23-53 52 of 102
1692-
1693-respect to an assault weapon defined as a 2023 assault weapon in section
1694-53-202a, as amended by this act, and (2) the person has otherwise
1695-possessed the assault weapon in compliance with subsection (f) of
1696-section 53-202d.
1697-(b) The provisions of subsection (a) of this section shall not apply to
1698-the possession of assault weapons by: (1) The Department of Emergency
1699-Services and Public Protection, police departments, the Department of
1700-Correction, the Division of Criminal Justice, the Department of Motor
1701-Vehicles, the Department of Energy and Environmental Protection or
1702-the military or naval forces of this state or of the United States, (2) a
1703-sworn and duly certified member of an organized police department,
1704-the Division of State Police within the Department of Emergency
1705-Services and Public Protection or the Department of Correction, a chief
1706-inspector or inspector in the Division of Criminal Justice, a salaried
1707-inspector of motor vehicles designated by the Commissioner of Motor
1708-Vehicles, a conservation officer or special conservation officer appointed
1709-by the Commissioner of Energy and Environmental Protection pursuant
1710-to section 26-5, or a constable who is certified by the Police Officer
1711-Standards and Training Council and appointed by the chief executive
1712-authority of a town, city or borough to perform criminal law
1713-enforcement duties, for use by such sworn member, inspector, officer or
1714-constable in the discharge of such sworn member's, inspector's, officer's
1715-or constable's official duties or when off duty, (3) a member of the
1716-military or naval forces of this state or of the United States, or (4) a
1717-nuclear facility licensed by the United States Nuclear Regulatory
1718-Commission for the purpose of providing security services at such
1719-facility, or any contractor or subcontractor of such facility for the
1720-purpose of providing security services at such facility.
1721-(c) The provisions of subsection (a) of this section shall not apply to
1722-the possession of an assault weapon described in subparagraph (A) of
1723-subdivision (1) of section 53-202a, as amended by this act, by any person Substitute House Bill No. 6667
1724-
1725-Public Act No. 23-53 53 of 102
1726-
1727-prior to July 1, 1994, if all of the following are applicable:
1728-(1) The person is eligible under sections 53-202a to 53-202k, inclusive,
1729-as amended by this act, to apply for a certificate of possession for the
1730-assault weapon by July 1, 1994;
1731-(2) The person lawfully possessed the assault weapon prior to
1732-October 1, 1993; and
1733-(3) The person is otherwise in compliance with sections 53-202a to 53-
1734-202k, inclusive, as amended by this act.
1735-(d) The provisions of subsection (a) of this section shall not apply to
1736-the possession of an assault weapon described in any provision of
1737-subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a,
1738-as amended by this act, by any person prior to April 5, 2013, if all of the
1739-following are applicable:
1740-(1) The person is eligible under sections 53-202a to 53-202k, inclusive,
1741-as amended by this act, to apply for a certificate of possession for the
1742-assault weapon by January 1, 2014;
1743-(2) The person lawfully possessed the assault weapon on April 4,
1744-2013, under the provisions of sections 53-202a to 53-202k, inclusive, as
1745-amended by this act, in effect on January 1, 2013; and
1746-(3) The person is otherwise in compliance with sections 53-202a to 53-
1747-202k, inclusive, as amended by this act.
1748-(e) The provisions of subsection (a) of this section shall not apply to
1749-the possession of a 2023 assault weapon by any person prior to May 1,
1750-2024, if all of the following are applicable:
1751-(1) The person is eligible under sections 53-202a to 53-202k, inclusive,
1752-as amended by this act, to apply for a certificate of possession for such
1753-assault weapon by May 1, 2024; Substitute House Bill No. 6667
1754-
1755-Public Act No. 23-53 54 of 102
1756-
1757-(2) The person lawfully possessed such assault weapon on the date
1758-immediately preceding the effective date of this section, under the
1759-provisions of sections 53-202a to 53-202k, inclusive, as amended by this
1760-act, and section 53-202m of the general statutes, revision of 1958, revised
1761-to January 1, 2023; and
1762-(3) The person is otherwise in compliance with sections 53-202a to 53-
1763-202k, inclusive, as amended by this act.
1764-(f) The provisions of subsection (a) of this section shall not apply to
1765-the possession of a 2023 assault weapon by any person if all of the
1766-following are applicable:
1767-(1) Such assault weapon was reclassified for federal purposes as a
1768-rifle pursuant to the amendments to 27 CFR Parts 478 and 479 published
1769-at 88 Federal Register 6478 (January 31, 2023).
1770-(2) The person applied to register such assault weapon under the
1771-National Firearms Act, P. L. 73-474, as amended from time to time, using
1772-the form known as Form 1 published by the Bureau of Alcohol, Tobacco,
1773-Firearms and Explosives, and submitted a copy of such form to the
1774-Department of Emergency Services and Public Protection not later than
1775-August 1, 2023, and the Bureau of Alcohol, Tobacco, Firearms and
1776-Explosives has approved such application, has denied such application
1777-within the past thirty days, or has not yet processed such application.
1778-(3) The person lawfully possessed such assault weapon on the date
1779-immediately preceding the effective date of this section, under the
1780-provisions of sections 53-202a to 53-202k, inclusive, as amended by this
1781-act, and section 53-202m of the general statutes, revision of 1958, revised
1782-to January 1, 2023; and
1783-(4) The person is otherwise in compliance with sections 53-202a to 53-
1784-202k, inclusive, as amended by this act. Substitute House Bill No. 6667
1785-
1786-Public Act No. 23-53 55 of 102
1787-
1788-[(e)] (g) The provisions of subsection (a) of this section shall not apply
1789-to a person who is the executor or administrator of an estate that
1790-includes an assault weapon, or the trustee of a trust that includes an
1791-assault weapon, for which a certificate of possession has been issued
1792-under section 53-202d, as amended by this act, if the assault weapon is
1793-possessed at a place set forth in subdivision (1) of subsection (f) of
1794-section 53-202d or as authorized by the Probate Court.
1795-[(f)] (h) The provisions of subsection (a) of this section shall not apply
1796-to the possession of a semiautomatic pistol that is defined as an assault
1797-weapon in any provision of subparagraphs (B) to (F), inclusive, of
1798-subdivision (1) of section 53-202a, as amended by this act, that the
1799-Commissioner of Emergency Services and Public Protection designates
1800-as being designed expressly for use in target shooting events at the
1801-Olympic games sponsored by the International Olympic Committee
1802-pursuant to regulations adopted under subdivision (4) of subsection (b)
1803-of section 53-202b that is (1) possessed and transported in accordance
1804-with subsection (f) of section 53-202d, or (2) possessed at or transported
1805-to or from a collegiate, Olympic or target pistol shooting competition in
1806-this state which is sponsored by, conducted under the auspices of, or
1807-approved by a law enforcement agency or a nationally or state
1808-recognized entity that fosters proficiency in, or promotes education
1809-about, firearms, provided such pistol is transported in the manner
1810-prescribed in subsection (a) of section 53-202f.
1811-Sec. 25. Subsections (a) and (b) of section 53-202d of the general
1812-statutes are repealed and the following is substituted in lieu thereof
1813-(Effective from passage):
1814-(a) (1) (A) Except as provided in subparagraph (B) of this subdivision,
1815-any person who lawfully possesses an assault weapon, as defined in
1816-subparagraph (A) of subdivision (1) of section 53-202a, as amended by
1817-this act, prior to October 1, 1993, shall apply by October 1, 1994, or, if
1818-such person is a member of the military or naval forces of this state or of Substitute House Bill No. 6667
1819-
1820-Public Act No. 23-53 56 of 102
1821-
1822-the United States and is unable to apply by October 1, 1994, because such
1823-member is or was on official duty outside of this state, shall apply within
1824-ninety days of returning to the state to the Department of Emergency
1825-Services and Public Protection, for a certificate of possession with
1826-respect to such assault weapon.
1827-(B) No person who lawfully possesses an assault weapon pursuant to
1828-subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended
1829-by this act, shall be required to obtain a certificate of possession
1830-pursuant to this subdivision with respect to an assault weapon used for
1831-official duties, except that any person described in subdivision (2) of
1832-subsection (b) of section 53-202c, as amended by this act, who purchases
1833-an assault weapon, as defined in subparagraph (A) of subdivision (1) of
1834-section 53-202a, as amended by this act, for use in the discharge of
1835-official duties who retires or is otherwise separated from service shall
1836-apply within ninety days of such retirement or separation from service
1837-to the Department of Emergency Services and Public Protection for a
1838-certificate of possession with respect to such assault weapon.
1839-(2) (A) Except as provided in subparagraph (B) of this subdivision,
1840-any person who lawfully possesses an assault weapon, as defined in any
1841-provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of
1842-section 53-202a, as amended by this act, on April 4, 2013, under the
1843-provisions of sections 53-202a to 53-202k, inclusive, as amended by this
1844-act, in effect on January 1, 2013, or any person who regains possession
1845-of an assault weapon as defined in any provision of said subparagraphs
1846-pursuant to subsection (e) of section 53-202f, or any person who lawfully
1847-purchases a firearm on or after April 4, 2013, but prior to June 18, 2013,
1848-that meets the criteria set forth in subdivision (3) or (4) of subsection (a)
1849-of section 53-202a of the general statutes, revision of 1958, revised to
1850-January 1, 2013, shall apply by January 1, 2014, or, if such person is a
1851-member of the military or naval forces of this state or of the United
1852-States and is unable to apply by January 1, 2014, because such member Substitute House Bill No. 6667
1853-
1854-Public Act No. 23-53 57 of 102
1855-
1856-is or was on official duty outside of this state, shall apply within ninety
1857-days of returning to the state to the Department of Emergency Services
1858-and Public Protection for a certificate of possession with respect to such
1859-assault weapon. Any person who lawfully purchases a semiautomatic
1860-pistol that is defined as an assault weapon in any provision of
1861-subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a,
1862-as amended by this act, that the Commissioner of Emergency Services
1863-and Public Protection designates as being designed expressly for use in
1864-target shooting events at the Olympic games sponsored by the
1865-International Olympic Committee pursuant to regulations adopted
1866-under subdivision (4) of subsection (b) of section 53-202b shall apply
1867-within ninety days of such purchase to the Department of Emergency
1868-Services and Public Protection for a certificate of possession with respect
1869-to such assault weapon.
1870-(B) No person who lawfully possesses an assault weapon pursuant to
1871-subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended
1872-by this act, shall be required to obtain a certificate of possession
1873-pursuant to this subdivision with respect to an assault weapon used for
1874-official duties, except that any person described in subdivision (2) of
1875-subsection (b) of section 53-202c, as amended by this act, who purchases
1876-an assault weapon, as defined in any provision of subparagraphs (B) to
1877-(F), inclusive, of subdivision (1) of section 53-202a, as amended by this
1878-act, for use in the discharge of official duties who retires or is otherwise
1879-separated from service shall apply within ninety days of such retirement
1880-or separation from service to the Department of Emergency Services and
1881-Public Protection for a certificate of possession with respect to such
1882-assault weapon.
1883-(3) Any person who obtained a certificate of possession for an assault
1884-weapon, as defined in subparagraph (A) of subdivision (1) of section 53-
1885-202a, as amended by this act, prior to April 5, 2013, that is defined as an
1886-assault weapon pursuant to any provision of subparagraphs (B) to (F), Substitute House Bill No. 6667
1887-
1888-Public Act No. 23-53 58 of 102
1889-
1890-inclusive, of subdivision (1) of section 53-202a, as amended by this act,
1891-shall be deemed to have obtained a certificate of possession for such
1892-assault weapon for the purposes of sections 53-202a to 53-202k,
1893-inclusive, as amended by this act, and shall not be required to obtain a
1894-subsequent certificate of possession for such assault weapon.
1895-(4) (A) Except as provided in subparagraphs (B) and (C) of this
1896-subdivision, any person who lawfully possesses a 2023 assault weapon
1897-on the date immediately preceding the effective date of this section,
1898-under the provisions of sections 53-202a to 53-202k, inclusive, as
1899-amended by this act, in effect on January 1, 2023, or any person who
1900-regains possession of a 2023 assault weapon pursuant to subdivision (2)
1901-of subsection (e) of section 53-202f, as amended by this act, shall apply
1902-by May 1, 2024, or, if such person is a member of the military or naval
1903-forces of this state or of the United States and is unable to apply by May
1904-1, 2024, because such member is or was on official duty outside of this
1905-state, shall apply within ninety days of returning to the state to the
1906-Department of Emergency Services and Public Protection for a
1907-certificate of possession with respect to such assault weapon. The
1908-Department of Emergency Services and Public Protection shall accept
1909-applications both in paper and electronic form, to the extent practicable,
1910-and shall not require such applications be notarized.
1911-(B) No person who lawfully possesses an assault weapon pursuant to
1912-subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended
1913-by this act, shall be required to obtain a certificate of possession
1914-pursuant to this subdivision with respect to an assault weapon used for
1915-official duties, except that any person described in subdivision (2) of
1916-subsection (b) of section 53-202c, as amended by this act, who purchases
1917-a 2023 assault weapon for use in the discharge of official duties who
1918-retires or is otherwise separated from service shall apply within ninety
1919-days of such retirement or separation from service to the Department of
1920-Emergency Services and Public Protection for a certificate of possession Substitute House Bill No. 6667
1921-
1922-Public Act No. 23-53 59 of 102
1923-
1924-with respect to such assault weapon.
1925-(C) Any person who lawfully possesses a 2023 assault weapon
1926-pursuant to the provisions of subsection (f) of section 53-202c, as
1927-amended by this act, and whose Form 1 application to the Bureau of
1928-Alcohol, Tobacco, Firearms and Explosives has not yet been processed
1929-may, instead of following the procedure specified in subparagraph (A)
1930-of this subdivision, apply by May 1, 2024, to the Department of
1931-Emergency Services and Public Protection for a temporary certificate of
1932-possession with respect to such assault weapon. Such temporary
1933-certificate of possession shall expire on the earlier of January 1, 2027, and
1934-the date seven days succeeding a denial of the Form 1 application. When
1935-the Form 1 application is approved with respect to such assault weapon,
1936-such person may apply to the Department of Emergency Services and
1937-Public Protection to convert such temporary certificate of possession
1938-into a certificate of possession with respect to such assault weapon. If a
1939-complete application to convert is received, the Commissioner of
1940-Emergency Services and Public Protection shall approve the application.
1941-For the purposes of this subparagraph, a full and complete Form 1
1942-application submitted to the Department of Emergency Services and
1943-Public Protection in a form and manner determined by the department
1944-shall be sufficient to constitute a complete application for a temporary
1945-certificate of possession, and a copy of the notice that a Form 1
1946-application has been approved shall constitute a complete application
1947-to convert a temporary certificate of possession into a certificate of
1948-possession. The Department of Emergency Services and Public
1949-Protection shall accept applications under this subparagraph both in
1950-paper and electronic form, to the extent practicable, and shall not require
1951-such applications to be notarized.
1952-(5) Any person who obtained a certificate of possession for an assault
1953-weapon, as defined in any provision of subparagraphs (A) to (F),
1954-inclusive, of subdivision (1) of section 53-202a, as amended by this act, Substitute House Bill No. 6667
1955-
1956-Public Act No. 23-53 60 of 102
1957-
1958-prior to the effective date of this section, that is also a 2023 assault
1959-weapon shall be deemed to have obtained a certificate of possession for
1960-such assault weapon for the purposes of sections 53-202a to 53-202k,
1961-inclusive, as amended by this act, and shall not be required to obtain a
1962-subsequent certificate of possession for such assault weapon.
1963-[(4)] (6) The certificate of possession shall contain a description of the
1964-firearm that identifies it uniquely, including all identification marks, the
1965-full name, address, date of birth and thumbprint of the owner, and any
1966-other information as the department may deem appropriate.
1967-[(5)] (7) The department shall adopt regulations, in accordance with
1968-the provisions of chapter 54, to establish procedures with respect to the
1969-application for and issuance of certificates of possession pursuant to this
1970-section. Notwithstanding the provisions of sections 1-210 and 1-211, the
1971-name and address of a person issued a certificate of possession shall be
1972-confidential and shall not be disclosed, except such records may be
1973-disclosed to (A) law enforcement agencies and employees of the United
1974-States Probation Office acting in the performance of their duties and
1975-parole officers within the Department of Correction acting in the
1976-performance of their duties, and (B) the Commissioner of Mental Health
1977-and Addiction Services to carry out the provisions of subsection (c) of
1978-section 17a-500.
1979-(b) (1) No assault weapon, as defined in subparagraph (A) of
1980-subdivision (1) of section 53-202a, as amended by this act, possessed
1981-pursuant to a certificate of possession issued under this section may be
1982-sold or transferred on or after January 1, 1994, to any person within this
1983-state other than to a licensed gun dealer, as defined in subsection (f) of
1984-section 53-202f, as amended by this act, or as provided in section 53-
1985-202e, or by bequest or intestate succession, or, upon the death of a
1986-testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who
1987-is eligible to possess the assault weapon. Substitute House Bill No. 6667
1988-
1989-Public Act No. 23-53 61 of 102
1990-
1991-(2) No assault weapon, as defined in any provision of subparagraphs
1992-(B) to (F), inclusive, of subdivision (1) of section 53-202a, as amended by
1993-this act, possessed pursuant to a certificate of possession issued under
1994-this section may be sold or transferred on or after April 5, 2013, to any
1995-person within this state other than to a licensed gun dealer, as defined
1996-in subsection (f) of section 53-202f, as amended by this act, or as
1997-provided in section 53-202e, or by bequest or intestate succession, or,
1998-upon the death of a testator or settlor: (A) To a trust, or (B) from a trust
1999-to a beneficiary who is eligible to possess the assault weapon.
2000-(3) No 2023 assault weapon possessed pursuant to a certificate of
2001-possession issued under this section may be sold or transferred on or
2002-after the effective date of this section, to any person within this state
2003-other than to a licensed gun dealer, or as provided in section 53-202e, or
2004-by bequest or intestate succession, or, upon the death of a testator or
2005-settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible
2006-to possess the assault weapon.
2007-Sec. 26. Subsection (b) of section 29-36n of the general statutes is
2008-repealed and the following is substituted in lieu thereof (Effective from
2009-passage):
2010-(b) The Commissioner of Emergency Services and Public Protection,
2011-in conjunction with the Chief State's Attorney and the Connecticut
2012-Police Chiefs Association, shall update the protocol developed pursuant
2013-to subsection (a) of this section to reflect the provisions of sections 29-
2014-7h, 29-28, as amended by this act, 29-28a, as amended by this act, 29-29,
2015-29-30, as amended by this act, 29-32 and 29-35, as amended by this act,
2016-subsections (b) and (h) of section 46b-15, subsections (c) and (d) of
2017-section 46b-38c and sections 53-202a, as amended by this act, 53-202l [,
2018-53-202m] and 53a-217, as amended by this act, and shall include in such
2019-protocol specific instructions for the transfer, delivery or surrender of
2020-pistols and revolvers and other firearms and ammunition when the
2021-assistance of more than one law enforcement agency is necessary to Substitute House Bill No. 6667
2022-
2023-Public Act No. 23-53 62 of 102
2024-
2025-effect the requirements of section 29-36k.
2026-Sec. 27. Section 53-202w of the general statutes is repealed and the
2027-following is substituted in lieu thereof (Effective October 1, 2023):
2028-(a) As used in this section and section 53-202x:
2029-(1) "Large capacity magazine" means any firearm magazine, belt,
2030-drum, feed strip or similar device that has the capacity of, or can be
2031-readily restored or converted to accept, more than ten rounds of
2032-ammunition, but does not include: (A) A feeding device that has been
2033-permanently altered so that it cannot accommodate more than ten
2034-rounds of ammunition, (B) a .22 caliber tube ammunition feeding
2035-device, (C) a tubular magazine that is contained in a lever-action
2036-firearm, or (D) a magazine that is permanently inoperable;
2037-(2) "Lawfully possesses", with respect to a large capacity magazine,
2038-means that a person has (A) actual and lawful possession of the large
2039-capacity magazine, (B) constructive possession of the large capacity
2040-magazine pursuant to a lawful purchase of a firearm that contains a
2041-large capacity magazine that was transacted prior to or on April 4, 2013,
2042-regardless of whether the firearm was delivered to the purchaser prior
2043-to or on April 4, 2013, which lawful purchase is evidenced by a writing
2044-sufficient to indicate that (i) a contract for sale was made between the
2045-parties prior to or on April 4, 2013, for the purchase of the firearm, or (ii)
2046-full or partial payment for the firearm was made by the purchaser to the
2047-seller of the firearm prior to or on April 4, 2013, or (C) actual possession
2048-under subparagraph (A) of this subdivision, or constructive possession
2049-under subparagraph (B) of this subdivision, as evidenced by a written
2050-statement made under penalty of false statement on such form as the
2051-Commissioner of Emergency Services and Public Protection prescribes;
2052-and
2053-(3) "Licensed gun dealer" means a person who has a federal firearms Substitute House Bill No. 6667
2054-
2055-Public Act No. 23-53 63 of 102
2056-
2057-license and a permit to sell firearms pursuant to section 29-28.
2058-(b) Except as provided in this section, on and after April 5, 2013, any
2059-person who, within this state, distributes, imports into this state, keeps
2060-for sale, offers or exposes for sale, or purchases a large capacity
2061-magazine shall be guilty of a class D felony. On and after April 5, 2013,
2062-any person who, within this state, transfers a large capacity magazine,
2063-except as provided in subsection (f) of this section, shall be guilty of a
2064-class D felony.
2065-(c) Except as provided in this section and section 53-202x, [: (1) Any
2066-person who possesses a large capacity magazine on or after January 1,
2067-2014, that was obtained prior to April 5, 2013, shall commit an infraction
2068-and be fined not more than ninety dollars for a first offense and shall be
2069-guilty of a class D felony for any subsequent offense, and (2) any person
2070-who possesses a large capacity magazine on or after January 1, 2014, that
2071-was obtained on or after April 5, 2013, shall be guilty of a class D felony]
2072-any person who possesses a large capacity magazine shall be guilty of a
2073-(1) class D felony if such person is ineligible to possess a firearm under
2074-state or federal law, or (2) class A misdemeanor if such person is not
2075-ineligible to possess a firearm under state or federal law.
2076-(d) A large capacity magazine may be possessed, purchased or
2077-imported by:
2078-(1) The Department of Emergency Services and Public Protection,
2079-police departments, the Department of Correction, the Division of
2080-Criminal Justice, the Department of Motor Vehicles, the Department of
2081-Energy and Environmental Protection or the military or naval forces of
2082-this state or of the United States;
2083-(2) A sworn and duly certified member of an organized police
2084-department, the Division of State Police within the Department of
2085-Emergency Services and Public Protection or the Department of Substitute House Bill No. 6667
2086-
2087-Public Act No. 23-53 64 of 102
2088-
2089-Correction, a chief inspector or inspector in the Division of Criminal
2090-Justice, a salaried inspector of motor vehicles designated by the
2091-Commissioner of Motor Vehicles, a conservation officer or special
2092-conservation officer appointed by the Commissioner of Energy and
2093-Environmental Protection pursuant to section 26-5, or a constable who
2094-is certified by the Police Officer Standards and Training Council and
2095-appointed by the chief executive authority of a town, city or borough to
2096-perform criminal law enforcement duties, for use by such sworn
2097-member, inspector, officer or constable in the discharge of such sworn
2098-member's, inspector's, officer's or constable's official duties or when off
2099-duty;
2100-(3) A member of the military or naval forces of this state or of the
2101-United States;
2102-(4) A nuclear facility licensed by the United States Nuclear
2103-Regulatory Commission for the purpose of providing security services
2104-at such facility, or any contractor or subcontractor of such facility for the
2105-purpose of providing security services at such facility;
2106-(5) Any person who is sworn and acts as a policeman on behalf of an
2107-armored car service pursuant to section 29-20 in the discharge of such
2108-person's official duties; or
2109-(6) Any person, firm or corporation engaged in the business of
2110-manufacturing large capacity magazines in this state that manufactures,
2111-purchases, tests or transports large capacity magazines in this state for
2112-sale within this state to persons specified in subdivisions (1) to (5),
2113-inclusive, of this subsection or for sale outside this state, or a federally-
2114-licensed firearm manufacturer engaged in the business of
2115-manufacturing firearms or large capacity magazines in this state that
2116-manufactures, purchases, tests or transports firearms or large capacity
2117-magazines in this state for sale within this state to persons specified in
2118-subdivisions (1) to (5), inclusive, of this subsection or for sale outside Substitute House Bill No. 6667
2119-
2120-Public Act No. 23-53 65 of 102
2121-
2122-this state.
2123-(e) A large capacity magazine may be possessed by:
2124-(1) A licensed gun dealer;
2125-(2) A gunsmith who is in a licensed gun dealer's employ, who
2126-possesses such large capacity magazine for the purpose of servicing or
2127-repairing a lawfully possessed large capacity magazine;
2128-(3) A person, firm, corporation or federally-licensed firearm
2129-manufacturer described in subdivision (6) of subsection (d) of this
2130-section that possesses a large capacity magazine that is lawfully
2131-possessed by another person for the purpose of servicing or repairing
2132-the large capacity magazine;
2133-(4) Any person who has declared possession of the magazine
2134-pursuant to section 53-202x; or
2135-(5) Any person who is the executor or administrator of an estate that
2136-includes a large capacity magazine, or the trustee of a trust that includes
2137-a large capacity magazine, the possession of which has been declared to
2138-the Department of Emergency Services and Public Protection pursuant
2139-to section 53-202x, which is disposed of as authorized by the Probate
2140-Court, if the disposition is otherwise permitted by this section and
2141-section 53-202x.
2142-(f) Subsection (b) of this section shall not prohibit:
2143-(1) The transfer of a large capacity magazine, the possession of which
2144-has been declared to the Department of Emergency Services and Public
2145-Protection pursuant to section 53-202x, by bequest or intestate
2146-succession, or, upon the death of a testator or settlor: (A) To a trust, or
2147-(B) from a trust to a beneficiary;
2148-(2) The transfer of a large capacity magazine to a police department Substitute House Bill No. 6667
2149-
2150-Public Act No. 23-53 66 of 102
2151-
2152-or the Department of Emergency Services and Public Protection;
2153-(3) The transfer of a large capacity magazine to a licensed gun dealer
2154-in accordance with section 53-202x; or
2155-(4) The transfer of a large capacity magazine prior to October 1, 2013,
2156-from a licensed gun dealer, pawnbroker licensed under section 21-40, or
2157-consignment shop operator, as defined in section 21-39a, to any person
2158-who (A) possessed the large capacity magazine prior to or on April 4,
2159-2013, (B) placed a firearm that such person legally possessed, with the
2160-large capacity magazine included or attached, in the possession of such
2161-dealer, pawnbroker or operator prior to or on April 4, 2013, pursuant to
2162-an agreement between such person and such dealer, pawnbroker or
2163-operator for the sale of the firearm to a third person, and (C) is eligible
2164-to possess the firearm on the date of such transfer.
2165-(g) [If] The court may order suspension of prosecution in addition to
2166-any other diversionary programs available to the defendant, if the court
2167-finds that a violation of this section is not of a serious nature and that
2168-the person charged with such violation (1) will probably not offend in
2169-the future, (2) has not previously been convicted of a violation of this
2170-section, and (3) has not previously had a prosecution under this section
2171-suspended pursuant to this subsection, it may order suspension of
2172-prosecution in accordance with the provisions of subsection [(h)] (i) of
2173-section 29-33, as amended by this act.
2174-Sec. 28. Subsections (a) and (b) of section 29-37p of the general
2175-statutes are repealed and the following is substituted in lieu thereof
2176-(Effective October 1, 2023):
2177-(a) Any person who is eighteen years of age or older may apply to the
2178-Commissioner of Emergency Services and Public Protection for a long
2179-gun eligibility certificate.
2180-(b) The Commissioner of Emergency Services and Public Protection Substitute House Bill No. 6667
2181-
2182-Public Act No. 23-53 67 of 102
2183-
2184-shall issue a long gun eligibility certificate unless said commissioner
2185-finds that the applicant: (1) [Has] (A) For any application filed prior to
2186-July 1, 2024, has failed to successfully complete a course approved by
2187-the Commissioner of Emergency Services and Public Protection in the
2188-safety and use of firearms including, but not limited to, a safety or
2189-training course in the use of firearms available to the public offered by
2190-a law enforcement agency, a private or public educational institution or
2191-a firearms training school, utilizing instructors certified by the National
2192-Rifle Association or the Department of Energy and Environmental
2193-Protection and a safety or training course in the use of firearms
2194-conducted by an instructor certified by the state or the National Rifle
2195-Association, or (B) for any application filed on or after July 1, 2024, has
2196-failed to successfully complete, not earlier than two years prior to the
2197-submission of such application, a course approved by the Commissioner
2198-of Emergency Services and Public Protection in the safety and use of
2199-firearms, which courses may include those certified by the National
2200-Rifle Association or other organizations, conducted by an instructor
2201-certified by the National Rifle Association or by the state, provided any
2202-such course includes instruction in state law requirements pertaining to
2203-safe storage in the home and in vehicles, lawful use of firearms and
2204-lawful carrying of firearms in public; (2) has been convicted of (A) a
2205-felony, (B) a misdemeanor violation of section 21a-279 on or after
2206-October 1, 2015, [or] (C) a misdemeanor violation of section 53a-58, 53a-
2207-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d
2208-during the preceding twenty years, or (D) a misdemeanor violation of
2209-any law of this state that has been designated as a family violence crime
2210-pursuant to section 46b-38h; (3) has been convicted as delinquent for the
2211-commission of a serious juvenile offense, as defined in section 46b-120;
2212-(4) has been discharged from custody within the preceding twenty years
2213-after having been found not guilty of a crime by reason of mental disease
2214-or defect pursuant to section 53a-13; (5) has been confined in a hospital
2215-for persons with psychiatric disabilities, as defined in section 17a-495,
2216-within the preceding sixty months by order of a probate court; (6) has Substitute House Bill No. 6667
2217-
2218-Public Act No. 23-53 68 of 102
2219-
2220-been voluntarily admitted to a hospital for persons with psychiatric
2221-disabilities, as defined in section 17a-495, within the preceding six
2222-months for care and treatment of a psychiatric disability and not solely
2223-for being an alcohol-dependent person or a drug-dependent person as
2224-those terms are defined in section 17a-680; (7) is subject to a restraining
2225-or protective order issued by a court in a case involving the use,
2226-attempted use or threatened use of physical force against another
2227-person, including an ex parte order issued pursuant to section 46b-15 or
2228-46b-16a; (8) is subject to a firearms seizure order issued prior to June 1,
2229-2022, pursuant to section 29-38c after notice and hearing, or a risk
2230-protection order or risk protection investigation order issued on or after
2231-June 1, 2022, pursuant to section 29-38c; (9) is prohibited from shipping,
2232-transporting, possessing or receiving a firearm pursuant to [18 USC
2233-922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9); or (10) is an alien illegally or
2234-unlawfully in the United States.
2235-Sec. 29. Subsection (b) of section 29-28 of the general statutes is
2236-repealed and the following is substituted in lieu thereof (Effective October
2237-1, 2023):
2238-(b) Upon the application of any person having a bona fide permanent
2239-residence within the jurisdiction of any such authority, such chief of
2240-police or, where there is no chief of police, such chief executive officer
2241-or designated resident state trooper or state police officer, as applicable,
2242-may issue a temporary state permit to such person to carry a pistol or
2243-revolver within the state, provided such authority shall find that such
2244-applicant intends to make no use of any pistol or revolver which such
2245-applicant may be permitted to carry under such permit other than a
2246-lawful use and that such person is a suitable person to receive such
2247-permit. If the applicant has a bona fide permanent residence within the
2248-jurisdiction of any federally recognized Native American tribe within
2249-the borders of the state, and such tribe has a law enforcement unit, as
2250-defined in section 7-294a, the chief of police of such law enforcement Substitute House Bill No. 6667
2251-
2252-Public Act No. 23-53 69 of 102
2253-
2254-unit may issue a temporary state permit to such person pursuant to the
2255-provisions of this subsection, and any chief of police of any other law
2256-enforcement unit having jurisdiction over an area containing such
2257-person's bona fide permanent residence shall not issue such temporary
2258-state permit if such tribal law enforcement unit accepts applications for
2259-temporary state permits. No state or temporary state permit to carry a
2260-pistol or revolver shall be issued under this subsection if the applicant:
2261-(1) (A) For any application filed prior to July 1, 2024, has failed to
2262-successfully complete a course approved by the Commissioner of
2263-Emergency Services and Public Protection in the safety and use of
2264-pistols and revolvers including, but not limited to, a safety or training
2265-course in the use of pistols and revolvers available to the public offered
2266-by a law enforcement agency, a private or public educational institution
2267-or a firearms training school, utilizing instructors certified by the
2268-National Rifle Association or the Department of Energy and
2269-Environmental Protection and a safety or training course in the use of
2270-pistols or revolvers conducted by an instructor certified by the state or
2271-the National Rifle Association, and (B) for any application filed on or
2272-after July 1, 2024, has failed to successfully complete, not earlier than
2273-two years prior to the submission of such application, a course approved
2274-by the Commissioner of Emergency Services and Public Protection in
2275-the safety and use of firearms, which courses may include those certified
2276-by the National Rifle Association or other organizations, conducted by
2277-an instructor certified by the National Rifle Association or by the state,
2278-provided any such course includes instruction in state law requirements
2279-pertaining to safe storage in the home and in vehicles, lawful use of
2280-firearms and lawful carrying of firearms in public. Any person wishing
2281-to provide such course, may apply in the form and manner prescribed
2282-by the commissioner. The commissioner shall approve or deny any
2283-application for provision of such a course not later than July 1, 2024, in
2284-the case of an application submitted before October 1, 2023; (2) has been
2285-convicted of (A) a felony, [or] (B) a misdemeanor violation of section
2286-21a-279 on or after October 1, 2015, [or] (C) a misdemeanor violation of Substitute House Bill No. 6667
2287-
2288-Public Act No. 23-53 70 of 102
2289-
2290-section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176,
2291-53a-178 or 53a-181d during the preceding twenty years, a misdemeanor
2292-violation of any law of this state that has been designated as a family
2293-violence crime pursuant to section 46b-38h; (3) has been convicted as
2294-delinquent for the commission of a serious juvenile offense, as defined
2295-in section 46b-120; [,] (4) has been discharged from custody within the
2296-preceding twenty years after having been found not guilty of a crime by
2297-reason of mental disease or defect pursuant to section 53a-13; [,] (5) (A)
2298-has been confined in a hospital for persons with psychiatric disabilities,
2299-as defined in section 17a-495, within the preceding sixty months by
2300-order of a probate court, or (B) has been voluntarily admitted on or after
2301-October 1, 2013, to a hospital for persons with psychiatric disabilities, as
2302-defined in section 17a-495, within the preceding six months for care and
2303-treatment of a psychiatric disability and not solely for being an alcohol-
2304-dependent person or a drug-dependent person, as those terms are
2305-defined in section 17a-680; [,] (6) is subject to a restraining or protective
2306-order issued by a court in a case involving the use, attempted use or
2307-threatened use of physical force against another person, including an ex
2308-parte order issued pursuant to section 46b-15 or 46b-16a; [,] (7) is subject
2309-to a firearms seizure order issued prior to June 1, 2022, pursuant to
2310-section 29-38c after notice and hearing, or a risk protection order or risk
2311-protection investigation order issued on or after June 1, 2022, pursuant
2312-to section 29-38c; [,] (8) is prohibited from shipping, transporting,
2313-possessing or receiving a firearm pursuant to [18 USC 922(g)(4),] 18 USC
2314-922(g)(2), (g)(4) or (g)(9); (9) is an alien illegally or unlawfully in the
2315-United States; [,] or (10) is less than twenty-one years of age. Nothing in
2316-this section shall require any person who holds a valid permit to carry a
2317-pistol or revolver on [October 1, 1994] July 1, 2024, to participate in any
2318-additional training in the safety and use of pistols and revolvers. No
2319-person may apply for a temporary state permit to carry a pistol or
2320-revolver more than once within any twelve-month period, and no
2321-temporary state permit to carry a pistol or revolver shall be issued to
2322-any person who has applied for such permit more than once within the Substitute House Bill No. 6667
2323-
2324-Public Act No. 23-53 71 of 102
2325-
2326-preceding twelve months. Any person who applies for a temporary state
2327-permit to carry a pistol or revolver shall indicate in writing on the
2328-application, under penalty of false statement in such manner as the
2329-issuing authority prescribes, that such person has not applied for a
2330-temporary state permit to carry a pistol or revolver within the past
2331-twelve months. Upon issuance of a temporary state permit to carry a
2332-pistol or revolver to the applicant, the local authority shall forward the
2333-original application to the commissioner. Not later than sixty days after
2334-receiving a temporary state permit, an applicant shall appear at a
2335-location designated by the commissioner to receive the state permit. The
2336-commissioner may then issue, to any holder of any temporary state
2337-permit, a state permit to carry a pistol or revolver within the state. Upon
2338-issuance of the state permit, the commissioner shall make available to
2339-the permit holder a copy of the law regarding the permit holder's
2340-responsibility to report the loss or theft of a firearm and the penalties
2341-associated with the failure to comply with such law. Upon issuance of
2342-the state permit, the commissioner shall forward a record of such permit
2343-to the local authority issuing the temporary state permit. The
2344-commissioner shall retain records of all applications, whether approved
2345-or denied. The copy of the state permit delivered to the permittee shall
2346-be laminated and shall contain a full-face photograph of such permittee.
2347-A person holding a state permit issued pursuant to this subsection shall
2348-notify the issuing authority within two business days of any change of
2349-such person's address. The notification shall include the old address and
2350-the new address of such person.
2351-Sec. 30. Subsection (b) of section 29-36f of the general statutes is
2352-repealed and the following is substituted in lieu thereof (Effective October
2353-1, 2023):
2354-(b) The Commissioner of Emergency Services and Public Protection
2355-shall issue an eligibility certificate unless said commissioner finds that
2356-the applicant: (1) [Has] (A) For any application filed prior to July 1, 2024, Substitute House Bill No. 6667
2357-
2358-Public Act No. 23-53 72 of 102
2359-
2360-has failed to successfully complete a course approved by the
2361-Commissioner of Emergency Services and Public Protection in the
2362-safety and use of pistols and revolvers including, but not limited to, a
2363-safety or training course in the use of pistols and revolvers available to
2364-the public offered by a law enforcement agency, a private or public
2365-educational institution or a firearms training school, utilizing instructors
2366-certified by the National Rifle Association or the Department of Energy
2367-and Environmental Protection and a safety or training course in the use
2368-of pistols or revolvers conducted by an instructor certified by the state
2369-or the National Rifle Association, or (B) for any application filed on or
2370-after July 1, 2024, has failed to successfully complete, not earlier than
2371-two years prior to the submission of such application, a course approved
2372-by the Commissioner of Emergency Services and Public Protection in
2373-the safety and use of firearms, which courses may include those certified
2374-by the National Rifle Association or other organizations, conducted by
2375-an instructor certified by the National Rifle Association or by the state,
2376-provided any such course includes instruction in state law requirements
2377-pertaining to safe storage in the home and in vehicles, lawful use of
2378-firearms and lawful carrying of firearms in public; (2) has been
2379-convicted of (A) a felony, (B) a misdemeanor violation of section 21a-279
2380-on or after October 1, 2015, [or] (C) a misdemeanor violation of section
2381-53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178
2382-or 53a-181d during the preceding twenty years, or (D) a misdemeanor
2383-violation of any law of this state that has been designated as a family
2384-violence crime pursuant to section 46b-38h; (3) has been convicted as
2385-delinquent for the commission of a serious juvenile offense, as defined
2386-in section 46b-120; (4) has been discharged from custody within the
2387-preceding twenty years after having been found not guilty of a crime by
2388-reason of mental disease or defect pursuant to section 53a-13; (5) (A) has
2389-been confined in a hospital for persons with psychiatric disabilities, as
2390-defined in section 17a-495, within the preceding sixty months by order
2391-of a probate court; or (B) has been voluntarily admitted on or after
2392-October 1, 2013, to a hospital for persons with psychiatric disabilities, as Substitute House Bill No. 6667
2393-
2394-Public Act No. 23-53 73 of 102
2395-
2396-defined in section 17a-495, within the preceding six months for care and
2397-treatment of a psychiatric disability and not solely for being an alcohol-
2398-dependent person or a drug-dependent person as those terms are
2399-defined in section 17a-680; (6) is subject to a restraining or protective
2400-order issued by a court in a case involving the use, attempted use or
2401-threatened use of physical force against another person, including an ex
2402-parte order issued pursuant to section 46b-15 or section 46b-16a; (7) is
2403-subject to a firearms seizure order issued prior to June 1, 2022, pursuant
2404-to section 29-38c after notice and hearing, or a risk protection order or
2405-risk protection investigation order issued on or after June 1, 2022,
2406-pursuant to section 29-38c; (8) is prohibited from shipping, transporting,
2407-possessing or receiving a firearm pursuant to [18 USC 922(g)(4)] 18 USC
2408-922(g)(2), (g)(4) or (g)(9); or (9) is an alien illegally or unlawfully in the
2409-United States.
2410-Sec. 31. Section 53a-217 of the general statutes is repealed and the
2411-following is substituted in lieu thereof (Effective October 1, 2023):
2412-(a) A person is guilty of criminal possession of a firearm, ammunition
2413-or an electronic defense weapon when such person possesses a firearm,
2414-ammunition or an electronic defense weapon and (1) has been convicted
2415-of (A) a felony committed prior to, on or after October 1, 2013, (B) a
2416-misdemeanor violation of section 21a-279 on or after October 1, 2015,
2417-[or] (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-
2418-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on
2419-or after October 1, 2013, and during the preceding twenty years, or (D)
2420-a misdemeanor violation of any law of this state that has been
2421-designated as a family violence crime pursuant to section 46b-38h and
2422-was committed on or after October 1, 2023, (2) has been convicted as
2423-delinquent for the commission of a serious juvenile offense, as defined
2424-in section 46b-120, (3) has been discharged from custody within the
2425-preceding twenty years after having been found not guilty of a crime by
2426-reason of mental disease or defect pursuant to section 53a-13, (4) knows Substitute House Bill No. 6667
2427-
2428-Public Act No. 23-53 74 of 102
2429-
2430-that such person is subject to (A) a restraining or protective order of a
2431-court of this state that has been issued against such person, after notice
2432-has been provided to such person, in a case involving the use, attempted
2433-use or threatened use of physical force against another person, or (B) a
2434-foreign order of protection, as defined in section 46b-15a, that has been
2435-issued against such person in a case involving the use, attempted use or
2436-threatened use of physical force against another person, (5) (A) has been
2437-confined on or after October 1, 2013, in a hospital for persons with
2438-psychiatric disabilities, as defined in section 17a-495, within the
2439-preceding sixty months by order of a probate court, or with respect to
2440-any person who holds a valid permit or certificate that was issued or
2441-renewed under the provisions of section 29-28, as amended by this act,
2442-or 29-36f, as amended by this act, in effect prior to October 1, 2013, such
2443-person has been confined in such hospital within the preceding twelve
2444-months, or (B) has been voluntarily admitted on or after October 1, 2013,
2445-to a hospital for persons with psychiatric disabilities, as defined in
2446-section 17a-495, within the preceding six months for care and treatment
2447-of a psychiatric disability, unless the person (i) was voluntarily admitted
2448-solely for being an alcohol-dependent person or a drug-dependent
2449-person as those terms are defined in section 17a-680, or (ii) is a police
2450-officer who was voluntarily admitted and had his or her firearm,
2451-ammunition or electronic defense weapon used in the performance of
2452-the police officer's official duties returned in accordance with section 7-
2453-291d, (6) knows that such person is subject to a firearms seizure order
2454-issued prior to June 1, 2022, pursuant to section 29-38c after notice and
2455-an opportunity to be heard has been provided to such person, or a risk
2456-protection order or risk protection investigation order issued on or after
2457-June 1, 2022, pursuant to section 29-38c, or (7) is prohibited from
2458-shipping, transporting, possessing or receiving a firearm pursuant to [18
2459-USC 922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9). For the purposes of this
2460-section, "convicted" means having a judgment of conviction entered by
2461-a court of competent jurisdiction, "ammunition" means a loaded
2462-cartridge, consisting of a primed case, propellant or projectile, designed Substitute House Bill No. 6667
2463-
2464-Public Act No. 23-53 75 of 102
2465-
2466-for use in any firearm, and a motor vehicle violation for which a
2467-sentence to a term of imprisonment of more than one year may be
2468-imposed shall be deemed an unclassified felony.
2469-(b) Criminal possession of a firearm, ammunition or an electronic
2470-defense weapon is a class C felony, for which two years and one day of
2471-the sentence imposed may not be suspended or reduced by the court,
2472-and five thousand dollars of the fine imposed may not be remitted or
2473-reduced by the court unless the court states on the record its reasons for
2474-remitting or reducing such fine.
2475-Sec. 32. Section 53a-217c of the general statutes is repealed and the
2476-following is substituted in lieu thereof (Effective October 1, 2023):
2477-(a) A person is guilty of criminal possession of a pistol or revolver
2478-when such person possesses a pistol or revolver, as defined in section
2479-29-27, and (1) has been convicted of (A) a felony committed prior to, on
2480-or after October 1, 2013, (B) a misdemeanor violation of section 21a-279
2481-committed on or after October 1, 2015, [or] (C) a misdemeanor violation
2482-of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-
2483-176, 53a-178 or 53a-181d committed during the preceding twenty years,
2484-or (D) a misdemeanor violation of any law of this state that has been
2485-designated as a family violence crime pursuant to section 46b-38h and
2486-was committed on or after October 1, 2023, (2) has been convicted as
2487-delinquent for the commission of a serious juvenile offense, as defined
2488-in section 46b-120, (3) has been discharged from custody within the
2489-preceding twenty years after having been found not guilty of a crime by
2490-reason of mental disease or defect pursuant to section 53a-13, (4) (A) has
2491-been confined prior to October 1, 2013, in a hospital for persons with
2492-psychiatric disabilities, as defined in section 17a-495, within the
2493-preceding twelve months by order of a probate court, or has been
2494-confined on or after October 1, 2013, in a hospital for persons with
2495-psychiatric disabilities, as defined in section 17a-495, within the
2496-preceding sixty months by order of a probate court, or, with respect to Substitute House Bill No. 6667
2497-
2498-Public Act No. 23-53 76 of 102
2499-
2500-any person who holds a valid permit or certificate that was issued or
2501-renewed under the provisions of section 29-28, as amended by this act,
2502-or 29-36f, as amended by this act, in effect prior to October 1, 2013, such
2503-person has been confined in such hospital within the preceding twelve
2504-months, or (B) has been voluntarily admitted on or after October 1, 2013,
2505-to a hospital for persons with psychiatric disabilities, as defined in
2506-section 17a-495, within the preceding six months for care and treatment
2507-of a psychiatric disability, unless the person (i) was voluntarily admitted
2508-solely for being an alcohol-dependent person or a drug-dependent
2509-person as those terms are defined in section 17a-680, or (ii) is a police
2510-officer who was voluntarily admitted and had his or her firearm,
2511-ammunition or electronic defense weapon used in the performance of
2512-the police officer's official duties returned in accordance with section 7-
2513-291d, (5) knows that such person is subject to (A) a restraining or
2514-protective order of a court of this state that has been issued against such
2515-person, after notice has been provided to such person, in a case
2516-involving the use, attempted use or threatened use of physical force
2517-against another person, or (B) a foreign order of protection, as defined
2518-in section 46b-15a, that has been issued against such person in a case
2519-involving the use, attempted use or threatened use of physical force
2520-against another person, (6) knows that such person is subject to a
2521-firearms seizure order issued prior to June 1, 2022, pursuant to section
2522-29-38c after notice and an opportunity to be heard has been provided to
2523-such person, or a risk protection order or risk protection investigation
2524-order issued on or after June 1, 2022, pursuant to section 29-38c, (7) is
2525-prohibited from shipping, transporting, possessing or receiving a
2526-firearm pursuant to [18 USC 922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9),
2527-or (8) is an alien illegally or unlawfully in the United States. For the
2528-purposes of this section, "convicted" means having a judgment of
2529-conviction entered by a court of competent jurisdiction.
2530-(b) Criminal possession of a pistol or revolver is a class C felony, for
2531-which two years of the sentence imposed may not be suspended or Substitute House Bill No. 6667
2532-
2533-Public Act No. 23-53 77 of 102
2534-
2535-reduced by the court, and five thousand dollars of the fine imposed may
2536-not be remitted or reduced by the court unless the court states on the
2537-record its reasons for remitting or reducing such fine.
2538-Sec. 33. Subsection (a) of section 29-37b of the general statutes is
2539-repealed and the following is substituted in lieu thereof (Effective October
2540-1, 2023):
2541-(a) Each person, firm or corporation which engages in the retail sale
2542-of any [pistol or revolver] firearm, at the time of sale of any such [pistol
2543-or revolver] firearm, shall (1) equip such [pistol or revolver] firearm
2544-with a reusable trigger lock, gun lock or gun locking device appropriate
2545-for such firearm, which lock or device shall be constructed of material
2546-sufficiently strong to prevent it from being easily disabled and have a
2547-locking mechanism accessible by key or by electronic or other
2548-mechanical accessory specific to such lock or device to prevent
2549-unauthorized removal, and (2) provide to the purchaser thereof a
2550-written warning which shall state in block letters not less than one inch
2551-in height: "UNLAWFUL STORAGE OF A LOADED FIREARM MAY
2552-RESULT IN IMPRISONMENT OR FINE."
2553-Sec. 34. Subsection (a) of section 53-205 of the general statutes is
2554-repealed and the following is substituted in lieu thereof (Effective July 1,
2555-2023):
2556-(a) No person shall carry or possess in any vehicle or snowmobile any
2557-[shotgun, rifle or muzzleloader of any gauge or caliber] firearm, other
2558-than a pistol or revolver, while such [shotgun, rifle or muzzleloader]
2559-firearm contains in the barrel, chamber or magazine any loaded shell or
2560-cartridge capable of being discharged or, if such firearm is a
2561-muzzleloader, when such muzzleloader has a percussion cap in place or
2562-when the powder pan of a flintlock contains powder. As used in this
2563-subsection, "muzzleloader" means a rifle or shotgun that is incapable of
2564-firing a self-contained cartridge and must be loaded at the muzzle end. Substitute House Bill No. 6667
2565-
2566-Public Act No. 23-53 78 of 102
2567-
2568-Sec. 35. Section 53-341b of the general statutes is repealed and the
2569-following is substituted in lieu thereof (Effective October 1, 2023):
2570-(a) No person, firm or corporation shall sell or deliver body armor to
2571-another person unless the transferee (1) meets in person with the
2572-transferor to accomplish the sale or delivery, and (2) possesses a permit
2573-or certificate issued under the provisions of section 29-28, as amended
2574-by this act, 29-36f, as amended by this act, 29-37p, as amended by this
2575-act, or 29-38n.
2576-(b) The provisions of subsection (a) of this section shall not apply to
2577-the sale or delivery of body armor to (1) a sworn member or authorized
2578-official of an organized local police department, the Division of State
2579-Police within the Department of Emergency Services and Public
2580-Protection, the Division of Criminal Justice, the Department of
2581-Correction, the Board of Pardons and Paroles or the Department of
2582-Motor Vehicles, (2) an authorized official of a municipality or the
2583-Department of Administrative Services that purchases body armor on
2584-behalf of an organized local police department, the Division of State
2585-Police within the Department of Emergency Services and Public
2586-Protection, the Division of Criminal Justice, the Department of
2587-Correction, the Board of Pardons and Paroles or the Department of
2588-Motor Vehicles, (3) a judicial marshal or probation officer or an
2589-authorized official of the Judicial Branch who purchases body armor on
2590-behalf of a probation officer or a judicial marshal, [or] (4) a member of
2591-the National Guard or the armed forces reserve, (5) a federal firearms
2592-licensee, or (6) an employee of an emergency medical service
2593-organization, as defined in section 53a-3, as amended by this act.
2594-(c) As used in this section, "body armor" means any [material] item
2595-designed to provide bullet penetration resistance and to be worn on or
2596-under clothing on the body, [and to provide bullet penetration
2597-resistance] like a vest or other article of clothing. Substitute House Bill No. 6667
2598-
2599-Public Act No. 23-53 79 of 102
2600-
2601-(d) Any person, firm or corporation that violates the provisions of this
2602-section shall be guilty of a class B misdemeanor.
2603-Sec. 36. Section 53a-3 of the general statutes is repealed and the
2604-following is substituted in lieu thereof (Effective October 1, 2023):
2605-Except where different meanings are expressly specified, the
2606-following terms have the following meanings when used in this title:
2607-(1) "Person" means a human being, and, where appropriate, a public
2608-or private corporation, a limited liability company, an unincorporated
2609-association, a partnership, a government or a governmental
2610-instrumentality;
2611-(2) "Possess" means to have physical possession or otherwise to
2612-exercise dominion or control over tangible property;
2613-(3) "Physical injury" means impairment of physical condition or pain;
2614-(4) "Serious physical injury" means physical injury which creates a
2615-substantial risk of death, or which causes serious disfigurement, serious
2616-impairment of health or serious loss or impairment of the function of
2617-any bodily organ;
2618-(5) "Deadly physical force" means physical force which can be
2619-reasonably expected to cause death or serious physical injury;
2620-(6) "Deadly weapon" means any weapon, whether loaded or
2621-unloaded, from which a shot may be discharged, or a switchblade knife,
2622-gravity knife, billy, blackjack, bludgeon, or metal knuckles. The
2623-definition of "deadly weapon" in this subdivision shall be deemed not
2624-to apply to section 29-38 or 53-206;
2625-(7) "Dangerous instrument" means any instrument, article or
2626-substance which, under the circumstances in which it is used or
2627-attempted or threatened to be used, is capable of causing death or Substitute House Bill No. 6667
2628-
2629-Public Act No. 23-53 80 of 102
2630-
2631-serious physical injury, and includes a "vehicle" as that term is defined
2632-in this section and includes a dog that has been commanded to attack,
2633-except a dog owned by a law enforcement agency of the state or any
2634-political subdivision thereof or of the federal government when such
2635-dog is in the performance of its duties under the direct supervision, care
2636-and control of an assigned law enforcement officer;
2637-(8) "Vehicle" means a "motor vehicle" as defined in section 14-1, a
2638-snowmobile, any aircraft, or any vessel equipped for propulsion by
2639-mechanical means or sail;
2640-(9) "Peace officer" means a member of the Division of State Police
2641-within the Department of Emergency Services and Public Protection or
2642-an organized local police department, a chief inspector or inspector in
2643-the Division of Criminal Justice, a state marshal while exercising
2644-authority granted under any provision of the general statutes, a judicial
2645-marshal in the performance of the duties of a judicial marshal, a
2646-conservation officer or special conservation officer, as defined in section
2647-26-5, a constable who performs criminal law enforcement duties, a
2648-special policeman appointed under section 29-18, 29-18a, 29-18b or 29-
2649-19, an adult probation officer, an official of the Department of Correction
2650-authorized by the Commissioner of Correction to make arrests in a
2651-correctional institution or facility, any investigator in the investigations
2652-unit of the office of the State Treasurer, an inspector of motor vehicles in
2653-the Department of Motor Vehicles, who is certified under the provisions
2654-of sections 7-294a to 7-294e, inclusive, a United States marshal or deputy
2655-marshal, any special agent of the federal government authorized to
2656-enforce the provisions of Title 21 of the United States Code, or a member
2657-of a law enforcement unit of the Mashantucket Pequot Tribe or the
2658-Mohegan Tribe of Indians of Connecticut created and governed by a
2659-memorandum of agreement under section 47-65c who is certified as a
2660-police officer by the Police Officer Standards and Training Council
2661-pursuant to sections 7-294a to 7-294e, inclusive; Substitute House Bill No. 6667
2662-
2663-Public Act No. 23-53 81 of 102
2664-
2665-(10) "Firefighter" means any agent of a municipality whose duty it is
2666-to protect life and property therein as a member of a duly constituted
2667-fire department whether professional or volunteer;
2668-(11) A person acts "intentionally" with respect to a result or to conduct
2669-described by a statute defining an offense when his conscious objective
2670-is to cause such result or to engage in such conduct;
2671-(12) A person acts "knowingly" with respect to conduct or to a
2672-circumstance described by a statute defining an offense when he is
2673-aware that his conduct is of such nature or that such circumstance exists;
2674-(13) A person acts "recklessly" with respect to a result or to a
2675-circumstance described by a statute defining an offense when he is
2676-aware of and consciously disregards a substantial and unjustifiable risk
2677-that such result will occur or that such circumstance exists. The risk
2678-must be of such nature and degree that disregarding it constitutes a
2679-gross deviation from the standard of conduct that a reasonable person
2680-would observe in the situation;
2681-(14) A person acts with "criminal negligence" with respect to a result
2682-or to a circumstance described by a statute defining an offense when he
2683-fails to perceive a substantial and unjustifiable risk that such result will
2684-occur or that such circumstance exists. The risk must be of such nature
2685-and degree that the failure to perceive it constitutes a gross deviation
2686-from the standard of care that a reasonable person would observe in the
2687-situation;
2688-(15) "Machine gun" means a weapon of any description, irrespective
2689-of size, by whatever name known, loaded or unloaded, from which a
2690-number of shots or bullets may be rapidly or automatically discharged
2691-from a magazine with one continuous pull of the trigger and includes a
2692-submachine gun;
2693-(16) "Rifle" means a weapon designed or redesigned, made or Substitute House Bill No. 6667
2694-
2695-Public Act No. 23-53 82 of 102
2696-
2697-remade, and intended to be fired from the shoulder and designed or
2698-redesigned and made or remade to use the energy of the explosive in a
2699-fixed metallic cartridge to fire only a single projectile through a rifled
2700-bore for each single pull of the trigger;
2701-(17) "Shotgun" means a weapon designed or redesigned, made or
2702-remade, and intended to be fired from the shoulder and designed or
2703-redesigned and made or remade to use the energy of the explosive in a
2704-fixed shotgun shell to fire through a smooth bore either a number of ball
2705-shot or a single projectile for each single pull of the trigger;
2706-(18) "Pistol" or "revolver" means any firearm having a barrel less than
2707-twelve inches;
2708-(19) "Firearm" means any sawed-off shotgun, machine gun, rifle,
2709-shotgun, pistol, revolver or other weapon, whether loaded or unloaded
2710-from which a shot may be discharged;
2711-(20) "Electronic defense weapon" means a weapon which by
2712-electronic impulse or current is capable of immobilizing a person
2713-temporarily, including a stun gun or other conductive energy device;
2714-(21) "Martial arts weapon" means a nunchaku, kama, kasari-fundo,
2715-octagon sai, tonfa or chinese star;
2716-(22) "Employee of an emergency medical service organization" means
2717-an ambulance driver, emergency medical technician or paramedic as
2718-defined in section 19a-175;
2719-(23) "Railroad property" means all tangible property owned, leased
2720-or operated by a railroad carrier including, but not limited to, a right-of-
2721-way, track, roadbed, bridge, yard, shop, station, tunnel, viaduct, trestle,
2722-depot, warehouse, terminal or any other structure or appurtenance or
2723-equipment owned, leased or used in the operation of a railroad carrier
2724-including a train, locomotive, engine, railroad car, signals or safety Substitute House Bill No. 6667
2725-
2726-Public Act No. 23-53 83 of 102
2727-
2728-device or work equipment or rolling stock;
2729-(24) "Serious firearm offense" means a violation of section 29-36, 29-
2730-36a, as amended by this act, or 53-202w, as amended by this act,
2731-possession of a stolen firearm or a firearm that is altered in a manner
2732-that renders the firearm unlawful, or any crime of which an essential
2733-element is that the person discharged, used or was armed with and
2734-threatened the use of a firearm; and
2735-(25) "Serious firearm offender" means a person who has (A) two
2736-convictions for a serious firearm offense, (B) a conviction for a serious
2737-firearm offense and was previously convicted of a violation of section
2738-29-36, 29-36a, as amended by this act, subdivision (1) of subsection (a)
2739-of section 53a-217, as amended by this act, or subdivision (1) of
2740-subsection (a) of section 53a-217c, as amended by this act, or (C) a
2741-conviction for a serious firearm offense and was previously convicted of
2742-two or more additional felony offenses.
2743-Sec. 37. Section 53a-32 of the general statutes is repealed and the
2744-following is substituted in lieu thereof (Effective October 1, 2023):
2745-(a) At any time during the period of probation or conditional
2746-discharge, the court or any judge thereof may issue a warrant for the
2747-arrest of a defendant for violation of any of the conditions of probation
2748-or conditional discharge, or may issue a notice to appear to answer to a
2749-charge of such violation, which notice shall be personally served upon
2750-the defendant. Whenever a probation officer has probable cause to
2751-believe that a person on probation who is a serious firearm offender has
2752-violated a condition of probation, or knows that a person on probation
2753-for a felony conviction has been arrested for the commission of a serious
2754-firearm offense, such probation officer shall apply to the court or any
2755-judge thereof for a warrant for the arrest of such person for violation of
2756-a condition or conditions of probation or conditional discharge. Any
2757-such warrant shall authorize all officers named therein to return the Substitute House Bill No. 6667
2758-
2759-Public Act No. 23-53 84 of 102
2760-
2761-defendant to the custody of the court or to any suitable detention facility
2762-designated by the court. Whenever a probation officer has probable
2763-cause to believe that a person has violated a condition of such person's
2764-probation, such probation officer (1) may notify any police officer that
2765-such person has, in such officer's judgment, violated the conditions of
2766-such person's probation, and [such] (2) shall notify such police officer if
2767-such person is a serious firearm offender or is on probation for a felony
2768-conviction and has been arrested for the commission of a serious firearm
2769-offense. Such notice shall be sufficient warrant for the police officer to
2770-arrest such person and return such person to the custody of the court or
2771-to any suitable detention facility designated by the court. Whenever a
2772-probation officer so notifies a police officer, the probation officer shall
2773-notify the victim of the offense for which such person is on probation,
2774-and any victim advocate assigned to assist the victim, provided the
2775-probation officer has been provided with the name and contact
2776-information for such victim or victim advocate. Any probation officer
2777-may arrest any defendant on probation without a warrant or may
2778-deputize any other officer with power to arrest to do so by giving such
2779-other officer a written statement setting forth that the defendant has, in
2780-the judgment of the probation officer, violated the conditions of the
2781-defendant's probation. Such written statement, delivered with the
2782-defendant by the arresting officer to the official in charge of any
2783-correctional center or other place of detention, shall be sufficient
2784-warrant for the detention of the defendant. After making such an arrest,
2785-such probation officer shall present to the detaining authorities a similar
2786-statement of the circumstances of violation. [Provisions] Except as
2787-provided in subsection (e) of this section, provisions regarding release
2788-on bail of persons charged with a crime shall be applicable to any
2789-defendant arrested under the provisions of this section. Upon such
2790-arrest and detention, the probation officer shall immediately so notify
2791-the court or any judge thereof.
2792-(b) When the defendant is presented for arraignment on the charge Substitute House Bill No. 6667
2793-
2794-Public Act No. 23-53 85 of 102
2795-
2796-of violation of any of the conditions of probation or conditional
2797-discharge, the court shall review any conditions previously imposed on
2798-the defendant and may order, as a condition of the pretrial release of the
2799-defendant, that the defendant comply with any or all of such conditions
2800-in addition to any conditions imposed pursuant to section 54-64a, as
2801-amended by this act. Unless the court, pursuant to subsection (c) of
2802-section 54-64a, as amended by this act, orders that the defendant remain
2803-under the supervision of a probation officer or other designated person
2804-or organization, the defendant shall be supervised by the Court Support
2805-Services Division of the Judicial Branch in accordance with subsection
2806-(a) of section 54-63b.
2807-(c) Upon notification by the probation officer of the arrest of the
2808-defendant or upon an arrest by warrant as herein provided, the court
2809-shall cause the defendant to be brought before it without unnecessary
2810-delay for a hearing on the violation charges. At such hearing the
2811-defendant shall be informed of the manner in which such defendant is
2812-alleged to have violated the conditions of such defendant's probation or
2813-conditional discharge, shall be advised by the court that such defendant
2814-has the right to retain counsel and, if indigent, shall be entitled to the
2815-services of the public defender, and shall have the right to cross-examine
2816-witnesses and to present evidence in such defendant's own behalf.
2817-Unless good cause is shown, a charge of violation of any of the
2818-conditions of probation or conditional discharge shall be disposed of or
2819-scheduled for a hearing not later than one hundred twenty days after
2820-the defendant is arraigned on such charge, except, if the defendant is a
2821-serious firearm offender, or is on probation for a felony conviction and
2822-has been arrested for the commission of a serious firearm offense, such
2823-charge shall be disposed of or scheduled for a hearing not later than
2824-sixty days after the defendant is arraigned on such charge.
2825-(d) If such violation is established and the violation consisted of the
2826-commission of a serious firearm offense or the defendant is a serious Substitute House Bill No. 6667
2827-
2828-Public Act No. 23-53 86 of 102
2829-
2830-firearm offender, the court shall revoke the sentence of probation or
2831-conditional discharge, otherwise, the court may: (1) Continue the
2832-sentence of probation or conditional discharge; (2) modify or enlarge the
2833-conditions of probation or conditional discharge; (3) extend the period
2834-of probation or conditional discharge, provided the original period with
2835-any extensions shall not exceed the periods authorized by section
2836-53a-29; or (4) revoke the sentence of probation or conditional discharge.
2837-If such sentence is revoked, the court shall require the defendant to serve
2838-the sentence imposed or impose any lesser sentence. Any such lesser
2839-sentence may include a term of imprisonment, all or a portion of which
2840-may be suspended entirely or after a period set by the court, followed
2841-by a period of probation with such conditions as the court may establish.
2842-No such revocation shall be ordered, except upon consideration of the
2843-whole record and unless such violation is established by the
2844-introduction of reliable and probative evidence and by a preponderance
2845-of the evidence.
2846-(e) Provisions regarding release on bail of any serious firearm
2847-offender arrested pursuant to this section who is charged with a crime,
2848-or any felony offender arrested pursuant to this section for a serious
2849-firearm offense, shall be applicable to such serious firearm offender
2850-provided that, for the purpose of applying such provisions, there shall
2851-be a rebuttable presumption that such serious firearm offender poses a
2852-danger to the safety of other persons.
2853-Sec. 38. Section 54-64a of the general statutes is repealed and the
2854-following is substituted in lieu thereof (Effective October 1, 2023):
2855-(a) (1) Except as provided in subdivision (2) of this subsection and
2856-subsection (b) or (c) of this section, when any arrested person is
2857-presented before the Superior Court, said court shall, in bailable
2858-offenses, promptly order the release of such person upon the first of the
2859-following conditions of release found sufficient to reasonably ensure the
2860-appearance of the arrested person in court: (A) Upon execution of a Substitute House Bill No. 6667
2861-
2862-Public Act No. 23-53 87 of 102
2863-
2864-written promise to appear without special conditions, (B) upon
2865-execution of a written promise to appear with nonfinancial conditions,
2866-(C) upon execution of a bond without surety in no greater amount than
2867-necessary, or (D) upon execution of a bond with surety in no greater
2868-amount than necessary, but in no event shall a judge prohibit a bond
2869-from being posted by surety. In addition to or in conjunction with any
2870-of the conditions enumerated in subparagraphs (A) to (D), inclusive, of
2871-this subdivision the court may, when it has reason to believe that the
2872-person is drug-dependent and where necessary, reasonable and
2873-appropriate, order the person to submit to a urinalysis drug test and to
2874-participate in a program of periodic drug testing and treatment. The
2875-results of any such drug test shall not be admissible in any criminal
2876-proceeding concerning such person.
2877-(2) If the arrested person is charged with no offense other than a
2878-misdemeanor, the court shall not impose financial conditions of release
2879-on the person unless (A) the person is charged with a family violence
2880-crime, as defined in section 46b-38a, or (B) the person requests such
2881-financial conditions, or (C) the court makes a finding on the record that
2882-there is a likely risk that (i) the arrested person will fail to appear in
2883-court, as required, or (ii) the arrested person will obstruct or attempt to
2884-obstruct justice, or threaten, injure or intimidate or attempt to threaten,
2885-injure or intimidate a prospective witness or juror, or (iii) the arrested
2886-person will engage in conduct that threatens the safety of himself or
2887-herself or another person. In making a finding described in this
2888-subsection, the court may consider past criminal history, including any
2889-prior record of failing to appear as required in court that resulted in any
2890-conviction for a violation of section 53a-172 or any conviction during the
2891-previous ten years for a violation of section 53a-173 and any other
2892-pending criminal cases of the person charged with a misdemeanor.
2893-(3) The court may, in determining what conditions of release will
2894-reasonably ensure the appearance of the arrested person in court, Substitute House Bill No. 6667
2895-
2896-Public Act No. 23-53 88 of 102
2897-
2898-consider the following factors: (A) The nature and circumstances of the
2899-offense, (B) such person's record of previous convictions, (C) such
2900-person's past record of appearance in court, (D) such person's family
2901-ties, (E) such person's employment record, (F) such person's financial
2902-resources, character and mental condition, (G) such person's community
2903-ties, and (H) in the case of a violation of section 53a-222a, as amended
2904-by this act, when the condition of release was issued for a family
2905-violence crime, as defined in section 46b-38a, the heightened risk posed
2906-to victims of family violence by violations of conditions of release.
2907-(b) (1) [When] Except as provided in subsection (c) of this section, any
2908-arrested person charged with the commission of a class A felony, a class
2909-B felony, except a violation of section 53a-86 or 53a-122, a class C felony,
2910-except a violation of section 53a-87, 53a-152 or 53a-153, or a class D
2911-felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-
2912-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence
2913-crime, as defined in section 46b-38a, is presented before the Superior
2914-Court, said court shall, in bailable offenses, promptly order the release
2915-of such person upon the first of the following conditions of release found
2916-sufficient to reasonably ensure the appearance of the arrested person in
2917-court and that the safety of any other person will not be endangered: (A)
2918-Upon such person's execution of a written promise to appear without
2919-special conditions, (B) upon such person's execution of a written
2920-promise to appear with nonfinancial conditions, (C) upon such person's
2921-execution of a bond without surety in no greater amount than necessary,
2922-or (D) upon such person's execution of a bond with surety in no greater
2923-amount than necessary, but in no event shall a judge prohibit a bond
2924-from being posted by surety. In addition to or in conjunction with any
2925-of the conditions enumerated in subparagraphs (A) to (D), inclusive, of
2926-this subdivision, the court may, when it has reason to believe that the
2927-person is drug-dependent and where necessary, reasonable and
2928-appropriate, order the person to submit to a urinalysis drug test and to
2929-participate in a program of periodic drug testing and treatment. The Substitute House Bill No. 6667
2930-
2931-Public Act No. 23-53 89 of 102
2932-
2933-results of any such drug test shall not be admissible in any criminal
2934-proceeding concerning such person.
2935-(2) The court may, in determining what conditions of release will
2936-reasonably ensure the appearance of the arrested person in court and
2937-that the safety of any other person will not be endangered, consider the
2938-following factors: (A) The nature and circumstances of the offense, (B)
2939-such person's record of previous convictions, (C) such person's past
2940-record of appearance in court after being admitted to bail, (D) such
2941-person's family ties, (E) such person's employment record, (F) such
2942-person's financial resources, character and mental condition, (G) such
2943-person's community ties, (H) the number and seriousness of charges
2944-pending against the arrested person, (I) the weight of the evidence
2945-against the arrested person, (J) the arrested person's history of violence,
2946-(K) whether the arrested person has previously been convicted of
2947-similar offenses while released on bond, (L) the likelihood based upon
2948-the expressed intention of the arrested person that such person will
2949-commit another crime while released, and (M) the heightened risk
2950-posed to victims of family violence by violations of conditions of release
2951-and court orders of protection.
2952-(3) When imposing conditions of release under this subsection, the
2953-court shall state for the record any factors under subdivision (2) of this
2954-subsection that it considered and the findings that it made as to the
2955-danger, if any, that the arrested person might pose to the safety of any
2956-other person upon the arrested person's release that caused the court to
2957-impose the specific conditions of release that it imposed.
2958-(c) (1) When any arrested person charged with the commission of a
2959-serious firearm offense, as defined in section 53a-3, as amended by this
2960-act, is (A) a serious firearm offender, (B) has two previous convictions
2961-for a violation of section 29-36, 29-36a, as amended by this act, 53-202,
2962-53-202a, as amended by this act, 53-202b, 53-202c, as amended by this
2963-act, 53-202w, as amended by this act, 53-202aa, 53-206i, 53a-54a, 53a-54b, Substitute House Bill No. 6667
2964-
2965-Public Act No. 23-53 90 of 102
2966-
2967-53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-59, 53a-60, 53a-
2968-60a, 53a-134, 53a-212, 53a-216, 53a-217, as amended by this act, 53a-217b
2969-or 53a-217c, as amended by this act, (C) a previous conviction for a
2970-violation of section 29-35, as amended by this act, in addition to a prior
2971-conviction for a violation of section 29-36, 29-36a, as amended by this
2972-act, 53-202, 53-202a, as amended by this act, 53-202b, 53-202c, as
2973-amended by this act, 53-202w, as amended by this act, 53-202aa, 53-206i,
2974-53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-
2975-59, 53a-60, 53a-60a, 53a-134, 53a-212, 53a-216, 53a-217, as amended by
2976-this act, 53a-217b or 53a-217c, as amended by this act, or (D) two or more
2977-convictions during the five-year period immediately prior to the current
2978-arrest for a violation of section 21a-277, 21a-278, 53a-122 or 53a-123, is
2979-presented before the Superior Court, the court shall, in bailable offenses,
2980-promptly order the release of such person after establishing a bond
2981-amount found sufficient to reasonably ensure the appearance of the
2982-arrested person in court, and that the safety of any other person will not
2983-be endangered and upon such person's execution of a bond with or
2984-without surety in no greater amount than necessary. The prosecutorial
2985-official shall petition for the arrested person to deposit at least thirty per
2986-cent of the bond amount directly with the court, and there shall be a
2987-rebuttable presumption that the safety of other persons will be
2988-endangered without the granting of such petition. Additionally, the
2989-court may, when it has reason to believe that the person is drug-
2990-dependent and where necessary, reasonable and appropriate, order the
2991-person to submit to a urinalysis drug test and to participate in a program
2992-of periodic drug testing and treatment. The results of any such drug test
2993-shall not be admissible in any criminal proceeding concerning such
2994-person.
2995-(2) When any arrested person charged with the commission of a
2996-serious firearm offense, as defined in section 53a-3, as amended by this
2997-act, other than a person described in subdivision (1) of this subsection,
2998-is presented before the Superior Court, the court shall, in bailable Substitute House Bill No. 6667
2999-
3000-Public Act No. 23-53 91 of 102
3001-
3002-offenses, promptly order the release of such person upon the first of the
3003-following conditions of release found sufficient to reasonably ensure the
3004-appearance of the arrested person in court and that the safety of any
3005-other person will not be endangered: (A) Upon such person's execution
3006-of a written promise to appear without special conditions, (B) upon such
3007-person's execution of a written promise to appear with nonfinancial
3008-conditions, (C) upon such person's execution of a bond without surety
3009-in no greater amount than necessary, or (D) upon such person's
3010-execution of a bond with surety in no greater amount than necessary,
3011-but in no event shall a judge prohibit a bond from being posted by
3012-surety. The prosecutorial official may petition the court to deem such
3013-person a serious risk to the safety of another person or persons. The
3014-prosecutorial official may present any information developed by
3015-federal, state and local law enforcement agencies in the course of a
3016-criminal investigation or enforcement action, including, but not limited
3017-to, social media posts, pictures or videos threatening violence, claiming
3018-responsibility for violence or suggesting possession of a firearm. If the
3019-court finds that the arrested person poses a serious risk to the safety of
3020-another person or persons, the arrested person may only be released
3021-pursuant to subparagraph (C) or (D) of this subdivision and the arrested
3022-person shall be required to deposit at least thirty per cent of any bond
3023-amount directly with the court. Additionally, the court may, when it has
3024-reason to believe that the person is drug-dependent and where
3025-necessary, reasonable and appropriate, order the person to submit to a
3026-urinalysis drug test and to participate in a program of periodic drug
3027-testing and treatment. The results of any such drug test shall not be
3028-admissible in any criminal proceeding concerning such person.
3029-(3) The court may, in determining what conditions of release will
3030-reasonably ensure the appearance of the arrested person in court and
3031-that the safety of any other person will not be endangered, consider the
3032-following factors: (A) The nature and circumstances of the offense, (B)
3033-such person's record of previous convictions, (C) such person's past Substitute House Bill No. 6667
3034-
3035-Public Act No. 23-53 92 of 102
3036-
3037-record of appearances in court after being admitted to bail, (D) such
3038-person's family ties, (E) such person's employment record, (F) such
3039-person's financial resources, character and mental condition, (G) such
3040-person's community ties, (H) the number and seriousness of charges
3041-pending against the arrested person, (I) the weight of the evidence
3042-against the arrested person, (J) the arrested person's history of violence,
3043-(K) whether the arrested person has previously been convicted of
3044-similar offenses while released on bond, and (L) the likelihood based
3045-upon the expressed intention of the arrested person that such person
3046-will commit another crime while released.
3047-(4) When imposing conditions of release under this subsection, the
3048-court shall state for the record any factors under subdivision (3) of this
3049-subsection that it considered and the findings that it made as to the
3050-danger, if any, that the arrested person might pose to the safety of any
3051-other person upon the arrested person's release that caused the court to
3052-impose the specific conditions of release that the court imposed.
3053-[(c)] (d) If the court determines that a nonfinancial condition of
3054-release should be imposed pursuant to subparagraph (B) of subdivision
3055-(1) of subsection (a) or (b) of this section, the court shall order the pretrial
3056-release of the person subject to the least restrictive condition or
3057-combination of conditions that the court determines will reasonably
3058-ensure the appearance of the arrested person in court and, with respect
3059-to the release of the person pursuant to subsection (b) or (c) of this
3060-section, that the safety of any other person will not be endangered,
3061-which conditions may include an order that the arrested person do one
3062-or more of the following: (1) Remain under the supervision of a
3063-designated person or organization; (2) comply with specified
3064-restrictions on such person's travel, association or place of abode; (3) not
3065-engage in specified activities, including the use or possession of a
3066-dangerous weapon, an intoxicant or a controlled substance; (4) provide
3067-sureties of the peace pursuant to section 54-56f under supervision of a Substitute House Bill No. 6667
3068-
3069-Public Act No. 23-53 93 of 102
3070-
3071-designated bail commissioner or intake, assessment and referral
3072-specialist employed by the Judicial Branch; (5) avoid all contact with an
3073-alleged victim of the crime and with a potential witness who may testify
3074-concerning the offense; (6) maintain employment or, if unemployed,
3075-actively seek employment; (7) maintain or commence an educational
3076-program; (8) be subject to electronic monitoring; or (9) satisfy any other
3077-condition that is reasonably necessary to ensure the appearance of the
3078-person in court and that the safety of any other person will not be
3079-endangered. The court shall state on the record its reasons for imposing
3080-any such nonfinancial condition.
3081-[(d)] (e) If the arrested person is not released, the court shall order
3082-him committed to the custody of the Commissioner of Correction until
3083-he is released or discharged in due course of law.
3084-[(e)] (f) The court may require that the person subject to electronic
3085-monitoring pursuant to subsection [(c)] (d) of this section pay directly to
3086-the electronic monitoring service provider a fee for the cost of such
3087-electronic monitoring services. If the court finds that the person subject
3088-to electronic monitoring is indigent and unable to pay the costs of
3089-electronic monitoring services, the court shall waive such costs. Any
3090-contract entered into by the Judicial Branch and the electronic
3091-monitoring service provider shall include a provision stating that the
3092-total cost for electronic monitoring services shall not exceed five dollars
3093-per day. Such amount shall be indexed annually to reflect the rate of
3094-inflation.
3095-Sec. 39. Section 54-64f of the general statutes is repealed and the
3096-following is substituted in lieu thereof (Effective October 1, 2023):
3097-(a) Upon application by the prosecuting authority alleging that a
3098-defendant has violated the conditions of the defendant's release, the
3099-court may, if probable cause is found, order that the defendant appear
3100-in court for an evidentiary hearing upon such allegations. An order to Substitute House Bill No. 6667
3101-
3102-Public Act No. 23-53 94 of 102
3103-
3104-appear shall be served upon the defendant by any law enforcement
3105-officer delivering a copy to the defendant personally, or by leaving it at
3106-the defendant's usual place of abode with a person of suitable age and
3107-discretion then residing therein, or mailing it by registered or certified
3108-mail to the last-known address of the defendant.
3109-(b) [If] Except as provided in subsection (d) of this section, if the court,
3110-after an evidentiary hearing at which hearsay or secondary evidence
3111-shall be admissible, finds by clear and convincing evidence that the
3112-defendant has violated reasonable conditions imposed on the
3113-defendant's release it may impose different or additional conditions
3114-upon the defendant's release. If the defendant is on release with respect
3115-to an offense for which a term of imprisonment of ten or more years may
3116-be imposed and the court, after an evidentiary hearing at which hearsay
3117-or secondary evidence shall be admissible, finds by clear and convincing
3118-evidence that the defendant has violated reasonable conditions of the
3119-defendant's release and that the safety of any other person is
3120-endangered while the defendant is on release, it may revoke such
3121-release. The revocation of a defendant's release pursuant to this
3122-subsection shall cause any bond posted in the criminal proceeding to be
3123-automatically terminated and the surety to be released.
3124-(c) [If] Except as provided in subsection (d) of this section, if the
3125-defendant is a serious firearm offender or is on release with respect to a
3126-serious firearm offense as defined in section 53a-3, as amended by this
3127-act, or the defendant is on release with respect to an offense for which a
3128-term of imprisonment of ten or more years may be imposed and the
3129-court, after an evidentiary hearing at which hearsay or secondary
3130-evidence shall be admissible, finds by clear and convincing evidence
3131-that the safety of any other person is endangered while the defendant is
3132-on release and that there is probable cause to believe that the defendant
3133-has committed a federal, state or local crime while on release, there shall
3134-be a rebuttable presumption that the defendant's release should be Substitute House Bill No. 6667
3135-
3136-Public Act No. 23-53 95 of 102
3137-
3138-revoked.
3139-(d) If the defendant is a serious firearm offender as defined in section
3140-53a-3, as amended by this act, and is on release with respect to any
3141-offense and the court, after an evidentiary hearing at which hearsay or
3142-secondary evidence shall be admissible, finds by the preponderance of
3143-the evidence that there is probable cause to believe that the defendant
3144-has committed a serious firearm offense, as defined in section 53a-3, as
3145-amended by this act, while on release, or if the defendant is on release
3146-with respect to any offense referenced in subsection (c) of section 54-64a,
3147-as amended by this act, and the court, after an evidentiary hearing at
3148-which hearsay or secondary evidence shall be admissible, finds by the
3149-preponderance of evidence that there is probable cause to believe that
3150-the defendant has committed a serious firearm offense, the defendant's
3151-release shall be revoked.
3152-[(d)] (e) The revocation of a defendant's release pursuant to this
3153-section shall cause any bond posted in the criminal proceeding to be
3154-automatically terminated and the surety to be released.
3155-(f) If the defendant commits a serious firearm offense while on
3156-pretrial release and is subsequently convicted of any offense for which
3157-the defendant was on pretrial release and a serious firearm offense
3158-committed while on pretrial release, any bond posted in the criminal
3159-proceeding for the offense for which the defendant was on pretrial
3160-release shall be forfeited.
3161-Sec. 40. Section 54-127 of the general statutes is repealed and the
3162-following is substituted in lieu thereof (Effective October 1, 2023):
3163-The request of the Commissioner of Correction or any officer of the
3164-Department of Correction so designated by the commissioner, or of the
3165-Board of Pardons and Paroles or its chairman shall be sufficient warrant
3166-to authorize any officer of the Department of Correction or any officer Substitute House Bill No. 6667
3167-
3168-Public Act No. 23-53 96 of 102
3169-
3170-authorized by law to serve criminal process within this state, to return
3171-any [convict or inmate] parolee on parole into actual custody; and any
3172-such officer, police officer, constable or state marshal shall arrest and
3173-hold any parolee [or inmate] when so requested, without any written
3174-warrant, and the commissioner shall make such request if the parolee is
3175-a serious firearm offender, as defined in section 53a-3, as amended by
3176-this act, and is arrested while on parole for a felony offense, or if the
3177-parolee is arrested for a serious firearm offense as defined in section 53a-
3178-3, as amended by this act.
3179-Sec. 41. (NEW) (Effective from passage) (a) For the purposes of this
3180-section, "firearm-related crime docket" means a docket in a geographical
3181-area separate and apart from other criminal matters for the hearing of
3182-firearm-related matters.
3183-(b) Not later than December 31, 2023, the Chief Court Administrator
3184-shall establish a firearm-related crime docket to serve the geographical
3185-area courts in Fairfield, Hartford, New Haven and Waterbury. The Chief
3186-Court Administrator shall establish policies and procedures to
3187-implement such firearm-related crime docket.
3188-Sec. 42. (NEW) (Effective October 1, 2023) Notwithstanding any
3189-provision of the general statutes, any peace officer who is a sworn
3190-member of a law enforcement agency or any prosecutorial official who
3191-is aware of any person released on parole or serving probation who
3192-poses a serious threat to public safety, may file an emergency petition
3193-with the supervisory staff of the probation or parole office, as applicable,
3194-and a copy of such petition with the office of the Chief State's Attorney.
3195-Such petition shall cite risk factors pointing to the person released on
3196-parole or serving probation as a serious threat to public safety and may
3197-present any information developed by federal, state and local law
3198-enforcement agencies in the course of a criminal investigation or
3199-enforcement action, including, but not limited to, social media posts,
3200-pictures or videos threatening violence, claiming responsibility for Substitute House Bill No. 6667
3201-
3202-Public Act No. 23-53 97 of 102
3203-
3204-violence or suggesting possession of a firearm. Not later than forty-eight
3205-hours after receiving such petition, the supervisory staff of the probation
3206-or parole office, as applicable, shall (1) seek a warrant for such person
3207-serving probation for a violation of such probation, as applicable, or (2)
3208-provide the rationale for not taking an action described in subdivision
3209-(1) of this section.
3210-Sec. 43. Subsection (a) of section 53a-222 of the general statutes is
3211-repealed and the following is substituted in lieu thereof (Effective October
3212-1, 2023):
3213-(a) A person is guilty of violation of conditions of release in the first
3214-degree when, while charged with the commission of a felony, such
3215-person is released pursuant to subsection (b) of section 54-63c,
3216-subsection (c) of section 54-63d or subsection [(c)] (d) of section 54-64a,
3217-as amended by this act, and intentionally violates one or more of the
3218-imposed conditions of release.
3219-Sec. 44. Subsection (a) of section 53a-222a of the general statutes is
3220-repealed and the following is substituted in lieu thereof (Effective October
3221-1, 2023):
3222-(a) A person is guilty of violation of conditions of release in the
3223-second degree when, while charged with the commission of a
3224-misdemeanor or motor vehicle violation for which a sentence to a term
3225-of imprisonment may be imposed, such person is released pursuant to
3226-subsection (b) of section 54-63c, subsection (c) of section 54-63d or
3227-subsection [(c)] (d) of section 54-64a, as amended by this act, and
3228-intentionally violates one or more of the imposed conditions of release.
3229-Sec. 45. Section 53-202g of the general statutes is repealed and the
3230-following is substituted in lieu thereof (Effective October 1, 2023):
3231-(a) Any person who lawfully possesses an assault weapon under
3232-sections 53-202a to 53-202k, inclusive, as amended by this act, or a Substitute House Bill No. 6667
3233-
3234-Public Act No. 23-53 98 of 102
3235-
3236-firearm, as defined in section 53a-3, as amended by this act, that is lost
3237-or stolen from such person shall report the loss or theft to the organized
3238-local police department for the town in which the loss or theft occurred
3239-or, if such town does not have an organized local police department, to
3240-the state police troop having jurisdiction for such town within seventy-
3241-two hours of when such person discovered or should have discovered
3242-the loss or theft. Such department or troop shall forthwith forward a
3243-copy of such report to the Commissioner of Emergency Services and
3244-Public Protection. The provisions of this subsection shall not apply to
3245-the loss or theft of an antique firearm as defined in section 29-37a, as
3246-amended by this act.
3247-(b) Any person who fails to make a report required by subsection (a)
3248-of this section, within the prescribed time period shall [commit an
3249-infraction and be fined not more than ninety dollars] be guilty of a class
3250-A misdemeanor for a first offense and be guilty of a class C felony for
3251-any subsequent offense, except that, if such person intentionally fails to
3252-make such report within the prescribed time period, such person shall
3253-be guilty of a class B felony. Any person who violates subsection (a) of
3254-this section for the first offense shall not lose such person's right to hold
3255-or obtain any firearm permit under the general statutes.
3256-Sec. 46. Subsection (b) of section 29-28a of the general statutes is
3257-repealed and the following is substituted in lieu thereof (Effective October
3258-1, 2023):
3259-(b) (1) The local authority shall, not later than eight weeks after a
3260-sufficient application for a temporary state permit has been made,
3261-inform the applicant that such applicant's request for a temporary state
3262-permit has been approved or denied, and if denied, supply to the
3263-applicant a detailed written reason for such denial. The local authority
3264-shall forward a copy of the application indicating approval or denial of
3265-the temporary state permit to the Commissioner of Emergency Services
3266-and Public Protection. If the local authority has denied the application Substitute House Bill No. 6667
3267-
3268-Public Act No. 23-53 99 of 102
3269-
3270-for a temporary state permit, no state permit may be issued. If the local
3271-authority has failed to expressly deny the application or issue a
3272-temporary state permit during the eight-week period following the
3273-submission of such application, upon presentation by the applicant of
3274-an affidavit attesting to such failure to expressly deny the application at
3275-least (A) thirty-two weeks, in the case of an application filed on or before
3276-March 30, 2024, and (B) sixteen weeks, in the case of an application filed
3277-on or after April 1, 2024, after submission of such application, the
3278-commissioner shall accept such affidavit in lieu of a temporary state
3279-permit and notify the local authority immediately of the receipt of such
3280-affidavit. The commissioner shall, not later than eight weeks after
3281-receiving an application indicating approval from the local authority, or
3282-an affidavit attesting to a failure to expressly deny the application,
3283-inform the applicant in detailed writing that the applicant's application
3284-for a state permit has been approved or denied, or that the results of the
3285-national criminal history records check have not been received. If
3286-grounds for denial become known after a temporary state permit has
3287-been obtained, the temporary state permit shall be immediately revoked
3288-pursuant to section 29-32. The failure of the issuing authority to
3289-complete the review of an application for a temporary state permit shall
3290-not be grounds for the commissioner to deny issuance of a state permit.
3291-(2) Notwithstanding subparagraph (B) of subdivision (1) of this
3292-subsection, during a major disaster or an emergency declaration by the
3293-President of the United States, or an emergency declaration issued by
3294-the Governor due to any disease epidemic, public health emergency or
3295-natural disaster impacting a local authority, the Commissioner of
3296-Emergency Services and Public Protection shall not accept any affidavit
3297-filed under subdivision (1) of this subsection until thirty-two weeks
3298-have passed since submission of the application for a temporary state
3299-permit.
3300-Sec. 47. (NEW) (Effective from passage) (a) Any comprehensive plan Substitute House Bill No. 6667
3301-
3302-Public Act No. 23-53 100 of 102
3303-
3304-and program developed by the Commissioner of Emergency Services
3305-and Public Protection pursuant to subsection (b) of section 28-5 of the
3306-general statutes shall include a response plan for a mass shooting event.
3307-A mass shooting event is deemed to occur when, within a period of
3308-twenty-four hours, four or more individuals are shot within a three-mile
3309-radius.
3310-(b) In any response plan for a mass shooting event, the commissioner
3311-shall include provisions directing the coordination of a meeting with the
3312-Department of Emergency Services and Public Protection, the local
3313-police department, community leaders, including religious leaders and
3314-representatives of the Project Longevity Initiative, established under
3315-section 4-68bb of the general statutes, for the purpose of determining (1)
3316-why the shooting event occurred, (2) what circumstances led to the
3317-shooting event, (3) whether there were warning signs that such shooting
3318-event would occur, (4) preventative measures the community can enact
3319-to prevent further shooting events, and (5) if there are resources
3320-available to assist the community in its response to the shooting event.
3321-At the conclusion of such meeting, the meeting participants shall report
3322-their findings to the Commissioner of Emergency Services and Public
3323-Protection. The commissioner shall review and report the findings and
3324-any other information the commissioner deems pertinent, in accordance
3325-with the provisions of section 11-4a of the general statutes, to the
3326-Governor, majority and minority leaders of the House of
3327-Representatives and the Senate and the joint standing committee of the
3328-General Assembly having cognizance of matters relating to public safety
3329-and security. Such report shall include recommendations, if any, for
3330-legislative action to reduce mass shooting events.
3331-(c) The Commissioner of Emergency Services and Public Protection
3332-shall coordinate with the Commissioner of Public Health for the
3333-deployment of grief counselors and mental health professionals to
3334-provide mental health services to the family members or other Substitute House Bill No. 6667
3335-
3336-Public Act No. 23-53 101 of 102
3337-
3338-individuals with a close association with any victim of a mass shooting.
3339-Such deployments shall be made to local community outreach groups
3340-in and around the impacted geographical location and to any school or
3341-institution of higher education where any victim or perpetrator of a
3342-mass shooting event was enrolled.
3343-(d) The Commissioner of Emergency Services and Public Protection
3344-shall coordinate an investigation into each mass shooting event with the
3345-office of the Chief State's Attorney. Each such investigation shall
3346-consider: (1) How the perpetrator acquired any firearm used in the
3347-event, (2) whether the firearm that was used was legally acquired, (3) if
3348-the magazine used in the shooting was a large capacity magazine, as
3349-defined in section 53-202w of the general statutes, as amended by this
3350-act, and (4) the backgrounds of the perpetrator and the victims. The
3351-commissioner and Chief State's Attorney shall report, in accordance
3352-with the provisions of section 11-4a of the general statutes, a summary
3353-of each such investigation, all findings of such investigation, including
3354-any determination of cause of the mass shooting event and any
3355-recommendations to prevent future mass shooting events to the
3356-Governor, majority and minority leaders of the House of
3357-Representatives and the Senate and the joint standing committee of the
3358-General Assembly having cognizance of matters relating to public safety
3359-and security and to the chief elected officer and legislative body, each as
3360-described in section 7-193 of the general statutes, of the municipality
3361-where the mass shooting event occurred.
3362-Sec. 48. (NEW) (Effective October 1, 2023) The administrative head of
3363-each law enforcement unit, as defined in section 7-291e of the general
3364-statutes, shall ensure that each police station, headquarters or barracks
3365-under such administrative head's jurisdiction posts in a conspicuous
3366-place that is readily available for viewing by the public a statement
3367-informing individuals of (1) their right to request and obtain an
3368-application to apply for a permit to carry a pistol or revolver, their right Substitute House Bill No. 6667
3369-
3370-Public Act No. 23-53 102 of 102
3371-
3372-to submit an application for a permit to carry a pistol or revolver no
3373-more than one week after their request to do so, their right to be
3374-informed in writing of the result of their application within eight weeks
3375-from its submittal, their right to file an appeal in the event of a denial of
3376-a permit for the carrying of a pistol or revolver and an individual's state
3377-and federal constitutional right to own, possess and carry a firearm for
3378-the protection of the individual's home or family as the individual so
3379-lawfully chooses, and (2) the application process for a risk protection
3380-order pursuant to section 29-38c of the general statutes, including the
3381-process by which a family member or medical professional can apply.
3382-Sec. 49. Section 53-202m of the general statutes is repealed. (Effective
3383-from passage)
18+Section 1. Section 29-35 of the general statutes is repealed and the 1
19+following is substituted in lieu thereof (Effective October 1, 2023): 2
20+(a) (1) No person shall carry any pistol or revolver upon [his or her] 3
21+such person's person, except when such person is within the dwelling 4
22+house or place of business of such person, without a permit to carry the 5
23+same issued as provided in section 29-28, as amended by this act. 6
24+(2) No person shall knowingly carry any firearm openly, except when 7
25+such person is within the dwelling house, on land leased or owned by 8
26+the person appurtenant to such dwelling house or within the place of 9
27+business of such person, or such person is engaged in firearm training 10
28+or bona fide hunting activity. For the purposes of this subdivision, a 11
29+person shall not be deemed to be carrying a firearm openly if such 12
30+person has taken reasonable measures to conceal the fact that such 13
31+person is carrying a firearm. A fleeting glimpse of a firearm shall not 14
32+constitute a violation of this subdivision. 15
33+(3) No person shall carry any firearm upon such person's person in 16
34+any establishment with a permit for on-premises alcohol consumption 17
35+pursuant to chapter 545, unless such establishment is the dwelling 18 Substitute Bill No. 6667
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42+house or place of business of such person. 19
43+(4) The provisions of this subsection shall not apply to the carrying of 20
44+any [pistol or revolver] firearm by any: [parole] 21
45+(A) (i) Parole officer or peace officer of this state, or [any] (ii) parole 22
46+officer or peace officer of any other state while engaged in the pursuit of 23
47+official duties; 24
48+(B) Department of Motor Vehicles inspector appointed under section 25
49+14-8 and certified pursuant to section 7-294d; [, or parole officer or peace 26
50+officer of any other state while engaged in the pursuit of official duties, 27
51+or federal] 28
52+(C) Federal marshal or federal law enforcement agent; [, or to any 29
53+member] 30
54+(D) Member of the armed forces of the United States, as defined in 31
55+section 27-103, or of the state, as defined in section 27-2, when on duty 32
56+or going to or from duty; [, or to any member] 33
57+(E) Member of any military organization when on parade or when 34
58+going to or from any place of assembly; [, or to the transportation of 35
59+pistols or revolvers] 36
60+(F) Person transporting a firearm as merchandise; [, or to any person 37
61+transporting any pistol or revolver while] 38
62+(G) Person transporting a firearm contained in the package in which 39
63+[it] such firearm was originally wrapped at the time of sale and while 40
64+transporting the same from the place of sale to the purchaser's residence 41
65+or place of business; [, or to any person] 42
66+(H) Person transporting a firearm as part of the process of removing 43
67+such person's household goods or effects from one place to another; [, 44
68+or to any person while] 45
69+(I) Person transporting [any such pistol or revolver] a firearm from 46 Substitute Bill No. 6667
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76+such person's place of residence or business to a place or [individual] 47
77+person where or by whom such [pistol or revolver] firearm is to be 48
78+repaired or while returning to such person's place of residence or 49
79+business after the same has been repaired; [, or to any person] 50
80+(J) Person transporting a [pistol or revolver] firearm in or through the 51
81+state for the purpose of taking part in competitions, taking part in 52
82+[formal pistol or revolver] firearm training, repairing such [pistol or 53
83+revolver] firearm or attending any meeting or exhibition of an organized 54
84+collectors' group if such person is a bona fide resident of the United 55
85+States and is permitted to possess and carry a [pistol or revolver] firearm 56
86+in the state or subdivision of the United States in which such person 57
87+resides; [, or to any person] 58
88+(K) Person transporting a [pistol or revolver] firearm to and from a 59
89+testing range at the request of the issuing authority; [, or to any person] 60
90+or 61
91+(L) Person transporting an antique pistol or revolver, as defined in 62
92+section 29-33, as amended by this act. 63
93+(5) For the purposes of this subsection, ["formal pistol or revolver 64
94+training"] "firearm training" means [pistol or revolver] firearm training 65
95+at a [locally approved or permitted] firing range, [or] training facility or 66
96+fish and game club or sporting club, and ["transporting a pistol or 67
97+revolver"] "transporting a firearm" means transporting a [pistol or 68
98+revolver] firearm that is unloaded and, if such [pistol or revolver] 69
99+firearm is being transported in a motor vehicle, is not readily accessible 70
100+or directly accessible from the passenger compartment of the vehicle or, 71
101+if such [pistol or revolver] firearm is being transported in a motor 72
102+vehicle that does not have a compartment separate from the passenger 73
103+compartment, such [pistol or revolver] firearm shall be contained in a 74
104+locked container other than the glove compartment or console. Nothing 75
105+in this section shall be construed to prohibit the carrying of a [pistol or 76
106+revolver] firearm during [formal pistol or revolver] firearm training or 77
107+repair. 78 Substitute Bill No. 6667
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114+(b) The holder of a permit issued pursuant to section 29-28, as 79
115+amended by this act, shall carry such permit upon one's person while 80
116+carrying such pistol or revolver. Such holder shall present his or her 81
117+permit upon the request of a law enforcement officer who has 82
118+reasonable suspicion of a crime for purposes of verification of the 83
119+validity of the permit or identification of the holder, provided such 84
120+holder is carrying a pistol or revolver that is observed by such law 85
121+enforcement officer. 86
122+(c) Not later than February 1, 2025, and annually thereafter, each law 87
123+enforcement unit, as defined in section 7-294a, shall prepare and submit 88
124+a report to the Institute for Municipal and Regional Policy at The 89
125+University of Connecticut concerning any stops conducted on suspicion 90
126+of a violation of subdivision (2) of subsection (a) of this section during 91
127+the preceding calendar year, except that the initial report shall be based 92
128+on the fifteen months preceding January 1, 2025. Such report shall be 93
129+submitted electronically using a standardized method and form 94
130+disseminated jointly by the Institute for Municipal and Regional Policy 95
131+and the Police Officer Standards and Training Council. The 96
132+standardized method and form shall allow compilation of statistics on 97
133+each incident, including, but not limited to, the race and gender of the 98
134+person stopped, provided the identification of such characteristics shall 99
135+be based on the observation and perception of the police officer. The 100
136+Institute for Municipal and Regional Policy and the Police Officer 101
137+Standards and Training Council may revise the standardized method 102
138+and form and disseminate such revisions to law enforcement units. Each 103
139+law enforcement unit shall, prior to submission of any such report 104
140+pursuant to this subsection, redact any information from such report 105
141+that may identify a minor, witness or victim. 106
142+(d) The Institute for Municipal and Regional Policy at The University 107
143+of Connecticut shall, within available appropriations, review the 108
144+incidents reported pursuant to subsection (c) of this section. Not later 109
145+than December 1, 2025, and annually thereafter, the institute shall 110
146+report, in accordance with the provisions of section 11-4a, the results of 111 Substitute Bill No. 6667
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153+any such review, including any recommendations, to the Governor and 112
154+the joint standing committees of the General Assembly having 113
155+cognizance of matters relating to the judiciary, public safety and 114
156+municipalities. 115
157+Sec. 2. Section 29-36a of the general statutes is repealed and the 116
158+following is substituted in lieu thereof (Effective from passage): 117
159+(a) No person shall complete the manufacture of a firearm without 118
160+subsequently (1) obtaining a unique serial number or other mark of 119
161+identification from the Department of Emergency Services and Public 120
162+Protection pursuant to subsection (b) of this section, and (2) engraving 121
163+upon or permanently affixing to the firearm such serial number or other 122
164+mark in a manner that conforms with the requirements imposed on 123
165+licensed importers and licensed manufacturers of firearms pursuant to 124
166+18 USC 923(i), as amended from time to time, and any regulation 125
167+adopted thereunder. 126
168+(b) Not later than thirty days after a person completes the 127
169+manufacture of a firearm, [or ninety days after the Department of 128
170+Emergency Services and Public Protection provides notice in 129
171+accordance with section 29-36b that the system to distribute a unique 130
172+serial number or other mark of identification pursuant to this section is 131
173+operational, whichever date is later,] such person shall notify the 132
174+department of such manufacture and provide any identifying 133
175+information to the department concerning the firearm and the owner of 134
176+such firearm, in a manner prescribed by the Commissioner of 135
177+Emergency Services and Public Protection. Upon receiving a properly 136
178+submitted request for a unique serial number or other mark of 137
179+identification from a person who completes manufacture of a firearm, 138
180+the department shall determine if such person is prohibited from 139
181+purchasing a firearm and if not, shall issue to such person a unique serial 140
182+number or other mark of identification immediately and in no instance 141
183+more than three business days after the department receives such 142
184+request. Issuance of a unique serial number or other mark of 143
185+identification pursuant to this subsection shall not be evidence that the 144 Substitute Bill No. 6667
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192+firearm is otherwise lawfully possessed. 145
193+(c) (1) On and after January 1, 2024, no person shall possess a firearm 146
194+without a serial number or other mark of identification unless such 147
195+person has (A) declared possession of such firearm pursuant to 148
196+subdivision (2) or (3) of this subsection, or (B) applied to obtain a unique 149
197+serial number or other mark of identification from the Department of 150
198+Emergency Services and Public Protection pursuant to subsections (a) 151
199+and (b) of this section and such person has not yet received such serial 152
200+number or other mark of identification. 153
201+(2) Any person who, prior to January 1, 2024, lawfully possesses a 154
202+firearm without a serial number or other mark of identification 155
203+manufactured prior to October 1, 2019, shall apply by January 1, 2024, 156
204+or, if such person is a member of the military or naval forces of this state 157
205+or of the United States and is unable to apply by January 1, 2024, because 158
206+such member is or was on official duty outside of this state, shall apply 159
207+within ninety days of returning to the state to the department to declare 160
208+possession of such firearm. Such application shall be made on such form 161
209+and in such manner as the Commissioner of Emergency Services and 162
210+Public Protection prescribes. 163
211+(3) Any person who moves into the state in lawful possession of a 164
212+firearm without a serial number or other mark of identification shall, 165
213+within ninety days, either (A) obtain a unique serial number or other 166
214+mark of identification from the department and engrave upon or 167
215+permanently affix to the firearm such serial number or other mark 168
216+pursuant to subsection (a) of this section, (B) render such firearm 169
217+permanently inoperable, (C) sell such firearm to a federally licensed 170
218+firearm dealer, or (D) remove such firearm from the state, except that 171
219+any person who is a member of the military or naval forces of this state 172
220+or of the United States, is in lawful possession of a firearm without a 173
221+serial number or other mark of identification and has been transferred 174
222+into the state after January 1, 2024, may, within ninety days of arriving 175
223+in the state, apply to the department to declare possession of such 176
224+firearm. 177 Substitute Bill No. 6667
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231+(4) For purposes of this subsection, "lawfully possesses", with respect 178
232+to a firearm without a serial number or other mark of identification, 179
233+means that a person has (A) actual and lawful possession of such 180
234+firearm, (B) constructive possession of such firearm pursuant to a lawful 181
235+purchase that was transacted prior to or on the date preceding the 182
236+effective date of this section, regardless of whether the firearm was 183
237+delivered to the purchaser prior to or on the date preceding the effective 184
238+date of this section, which lawful purchase is evidenced by a writing 185
239+sufficient to indicate that (i) a contract for sale was made between the 186
240+parties prior to or on the date preceding the effective date of this section, 187
241+for the purchase of the firearm, or (ii) full or partial payment for the 188
242+firearm was made by the purchaser to the seller of the firearm prior to 189
243+or on the date preceding the effective date of this section, or (C) actual 190
244+possession under subparagraph (A) of this subdivision, or constructive 191
245+possession under subparagraph (B) of this subdivision, as evidenced by 192
246+a written statement made under penalty of false statement on such form 193
247+as the commissioner prescribes. 194
248+(5) The department may adopt regulations, in accordance with the 195
249+provisions of chapter 54, to establish procedures with respect to 196
250+applications under this subsection. Notwithstanding the provisions of 197
251+sections 1-210 and 1-211, the name and address of a person who has 198
252+declared possession of a firearm without a serial number or other mark 199
253+of identification shall be confidential and shall not be disclosed, except 200
254+such records may be disclosed to (A) law enforcement agencies and 201
255+employees of the United States Probation Office acting in the 202
256+performance of their duties and parole officers within the Department 203
257+of Correction acting in the performance of their duties, and (B) the 204
258+Commissioner of Mental Health and Addiction Services to carry out the 205
259+provisions of subsection (c) of section 17a-500. 206
260+(6) (A) Except as provided in this subsection, no person within this 207
261+state shall distribute, import into this state, keep for sale, offer or expose 208
262+for sale or purchase a firearm without a serial number or other mark of 209
263+identification. 210 Substitute Bill No. 6667
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270+(B) The provisions of subparagraph (A) of this subdivision shall not 211
271+apply to the transfer of a firearm without a serial number or other mark 212
272+of identification (i) the possession of which has been declared to the 213
273+department pursuant to this section, by bequest or intestate succession, 214
274+or, upon the death of a testator or settlor: (I) To a trust, or (II) from a 215
275+trust to a beneficiary; or (ii) to a police department or the Department of 216
276+Emergency Services and Public Protection. 217
277+[(c)] (d) The provisions of subsections (a), [and] (b) and (c) of this 218
278+section shall not apply to the manufacture of a firearm manufactured 219
279+using an unfinished frame or lower receiver on which a serial number 220
280+or other mark has been engraved or permanently affixed pursuant to 221
281+subsection (c) of section 53-206j. 222
282+[(d)] (e) No person shall transfer to another person any firearm 223
283+manufactured in violation of this section. 224
284+[(e)] (f) The provisions of this section shall not apply to (1) the 225
285+manufacture of firearms by a federally licensed firearm manufacturer, 226
286+(2) (A) any antique firearm, as defined in 18 USC 921, as amended from 227
287+time to time, or (B) any firearm manufactured prior to [the effective date 228
288+of this section] December 16, 1968, provided such firearm is otherwise 229
289+lawfully possessed, or (3) delivery or transfer of a firearm to a law 230
290+enforcement agency. 231
291+[(f)] (g) No person shall knowingly, recklessly or with criminal 232
292+negligence facilitate, aid or abet the manufacture of a firearm (1) by a 233
293+person or for a person who is otherwise prohibited by law from 234
294+purchasing or possessing a firearm, or (2) that a person is otherwise 235
295+prohibited by law from purchasing or possessing. 236
296+[(g)] (h) If the court finds that a violation of this section is not of a 237
297+serious nature and that the person charged with such violation (1) will 238
298+probably not offend in the future, (2) has not previously been convicted 239
299+of a violation of this section, and (3) has not previously had a 240
300+prosecution under this section suspended pursuant to this subsection, 241 Substitute Bill No. 6667
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307+the court may order suspension of prosecution. The court shall not order 242
308+suspension of prosecution unless the accused person has acknowledged 243
309+that he or she understands the consequences of the suspension of 244
310+prosecution. Any person for whom prosecution is suspended shall agree 245
311+to the tolling of any statute of limitations with respect to such violation 246
312+and to a waiver of his or her right to a speedy trial. Such person shall 247
313+appear in court and shall be released to the supervision of the Court 248
314+Support Services Division for such period, not exceeding two years, and 249
315+under such conditions as the court shall order. If the person refuses to 250
316+accept, or, having accepted, violates such conditions, the court shall 251
317+terminate the suspension of prosecution and the case shall be brought 252
318+to trial. If such person satisfactorily completes such person's period of 253
319+probation, he or she may apply for dismissal of the charges against such 254
320+person and the court, on finding such satisfactory completion, shall 255
321+dismiss such charges. If the person does not apply for dismissal of the 256
322+charges against such person after satisfactorily completing such 257
323+person's period of probation, the court, upon receipt of a report 258
324+submitted by the Court Support Services Division that the person 259
325+satisfactorily completed such person's period of probation, may on its 260
326+own motion make a finding of such satisfactory completion and dismiss 261
327+such charges. Upon dismissal, all records of such charges shall be erased 262
328+pursuant to section 54-142a. An order of the court denying a motion to 263
329+dismiss the charges against a person who has completed such person's 264
330+period of probation or terminating the participation of a defendant in 265
331+such program shall be a final judgment for purposes of appeal. 266
332+[(h)] (i) Any person who violates any provision of this section shall 267
333+be guilty of a class C felony for which two years of the sentence imposed 268
334+may not be suspended or reduced by the court, and five thousand 269
335+dollars of the fine imposed may not be remitted or reduced by the court 270
336+unless the court states on the record its reasons for remitting or reducing 271
337+such fine, and any firearm found in the possession of any person in 272
338+violation of any provision of this section shall be forfeited. 273
339+[(i)] (j) For purposes of this section, "manufacture" means to fabricate 274 Substitute Bill No. 6667
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346+or construct a firearm including the initial assembly, "firearm" means 275
347+firearm, as defined in section 53a-3, as amended by this act, and "law 276
348+enforcement agency" means law enforcement agency, as defined in 277
349+section 29-1i. 278
350+Sec. 3. Section 29-33 of the general statutes is repealed and the 279
351+following is substituted in lieu thereof (Effective from passage): 280
352+(a) No person, firm or corporation shall sell, deliver or otherwise 281
353+transfer any pistol or revolver to any person who is prohibited from 282
354+possessing a pistol or revolver as provided in section 53a-217c, as 283
355+amended by this act. 284
356+(b) On and after October 1, 1995, no person may purchase or receive 285
357+any pistol or revolver unless such person holds a valid permit to carry a 286
358+pistol or revolver issued pursuant to subsection (b) of section 29-28, as 287
359+amended by this act, a valid permit to sell at retail a pistol or revolver 288
360+issued pursuant to subsection (a) of section 29-28, as amended by this 289
361+act, or a valid eligibility certificate for a pistol or revolver issued 290
362+pursuant to section 29-36f, as amended by this act, or is a federal 291
363+marshal, parole officer or peace officer. 292
364+(c) No person, firm or corporation shall sell, deliver or otherwise 293
365+transfer any pistol or revolver except upon written application on a form 294
366+prescribed and furnished by the Commissioner of Emergency Services 295
367+and Public Protection. Such person, firm or corporation shall ensure that 296
368+all questions on the application are answered properly prior to releasing 297
369+the pistol or revolver and shall retain the application, which shall be 298
370+attached to the federal sale or transfer document, for at least twenty 299
371+years or until such vendor goes out of business. Such application shall 300
372+be available for inspection during normal business hours by law 301
373+enforcement officials. No sale, delivery or other transfer of any pistol or 302
374+revolver shall be made unless the person making the purchase or to 303
375+whom the same is delivered or transferred is personally known to the 304
376+person selling such pistol or revolver or making delivery or transfer 305
377+thereof or provides evidence of his identity in the form of a motor 306 Substitute Bill No. 6667
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384+vehicle operator's license, identity card issued pursuant to section 1-1h 307
385+or valid passport. No sale, delivery or other transfer of any pistol or 308
386+revolver shall be made until the person, firm or corporation making 309
387+such transfer obtains an authorization number from the Commissioner 310
388+of Emergency Services and Public Protection. Said commissioner shall 311
389+perform the national instant criminal background check and make a 312
390+reasonable effort to determine whether there is any reason that would 313
391+prohibit such applicant from possessing a pistol or revolver as provided 314
392+in section 53a-217c, as amended by this act. If the commissioner 315
393+determines the existence of such a reason, the commissioner shall (1) 316
394+deny the sale and no pistol or revolver shall be sold, delivered or 317
395+otherwise transferred by such person, firm or corporation to such 318
396+applicant, and (2) inform the chief of police of the town in which the 319
397+applicant resides, or, where there is no chief of police, the warden of the 320
398+borough or the first selectman of the town, as the case may be, that there 321
399+exists a reason that would prohibit such applicant from possessing a 322
400+pistol or revolver. 323
401+(d) No person, firm or corporation shall sell, deliver or otherwise 324
402+transfer any pistol or revolver, other than at wholesale, unless such 325
403+pistol or revolver is equipped with a reusable trigger lock, gun lock or 326
404+gun locking device appropriate for such pistol or revolver, which lock 327
405+or device shall be constructed of material sufficiently strong to prevent 328
406+it from being easily disabled and have a locking mechanism accessible 329
407+by key or by electronic or other mechanical accessory specific to such 330
408+lock or device to prevent unauthorized removal. No pistol or revolver 331
409+shall be loaded or contain therein any gunpowder or other explosive or 332
410+any bullet, ball or shell when such pistol or revolver is sold, delivered 333
411+or otherwise transferred. 334
412+(e) Upon the sale, delivery or other transfer of any pistol or revolver, 335
413+the person making the purchase or to whom the same is delivered or 336
414+transferred shall sign a receipt for such pistol or revolver, which shall 337
415+contain the name and address of such person, the date of sale, the 338
416+caliber, make, model and manufacturer's number and a general 339 Substitute Bill No. 6667
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423+description of such pistol or revolver, the identification number of such 340
424+person's permit to carry pistols or revolvers, issued pursuant to 341
425+subsection (b) of section 29-28, as amended by this act, permit to sell at 342
426+retail pistols or revolvers, issued pursuant to subsection (a) of said 343
427+section, or eligibility certificate for a pistol or revolver, issued pursuant 344
428+to section 29-36f, as amended by this act, if any, and the authorization 345
429+number designated for the transfer by the Department of Emergency 346
430+Services and Public Protection. The person, firm or corporation selling 347
431+such pistol or revolver or making delivery or transfer thereof shall (1) 348
432+give one copy of the receipt to the person making the purchase of such 349
433+pistol or revolver or to whom the same is delivered or transferred, (2) 350
434+retain one copy of the receipt for at least five years, and (3) send, by first 351
435+class mail, or electronically transmit, within forty-eight hours of such 352
436+sale, delivery or other transfer, (A) one copy of the receipt to the 353
437+Commissioner of Emergency Services and Public Protection, and (B) one 354
438+copy of the receipt to the chief of police of the municipality in which the 355
439+transferee resides or, where there is no chief of police, the chief executive 356
440+officer of the municipality, as defined in section 7-148, in which the 357
441+transferee resides or, if designated by such chief executive officer, the 358
442+resident state trooper serving such municipality or a state police officer 359
443+of the state police troop having jurisdiction over such municipality. 360
444+(f) (1) Except as provided in subdivision (2) of this subsection, (A) no 361
445+person shall sell, deliver or otherwise transfer more than one pistol or 362
446+revolver to any individual during a thirty-day period, and (B) no person 363
447+shall sell, deliver or otherwise transfer a pistol or revolver to any 364
448+individual who has purchased a pistol or revolver in the previous thirty 365
449+days. 366
450+(2) The provisions of this subsection shall not apply to (A) any firearm 367
451+transferred to a federal, state or municipal law enforcement agency, or 368
452+any firearm legally transferred under the provisions of section 29-36k, 369
453+(B) the exchange of a pistol or revolver purchased by an individual from 370
454+a federally licensed firearm dealer for another pistol or revolver from 371
455+the same federally licensed firearms dealer within thirty days of the 372 Substitute Bill No. 6667
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462+original transaction, provided that the federally licensed firearm dealer 373
463+reports the transaction to the Commissioner of Emergency Services and 374
464+Public Protection, (C) as otherwise provided in subsection (g) or (h) of 375
465+this section, (D) any firearm transferred by bequest or intestate 376
466+succession, or, upon the death of a testator or settlor: (i) To a trust, or (ii) 377
467+from a trust to a beneficiary, or (E) a transfer to a museum at a fixed 378
468+location that is open to the public and displays firearms as part of an 379
469+educational mission. 380
470+[(f)] (g) The provisions of this section shall not apply to antique pistols 381
471+or revolvers. An antique pistol or revolver, for the purposes of this 382
472+section, means any pistol or revolver which was manufactured in or 383
473+before 1898 and any replica of such pistol or revolver provided such 384
474+replica is not designed or redesigned for using rimfire or conventional 385
475+centerfire fixed ammunition except rimfire or conventional centerfire 386
476+fixed ammunition which is no longer manufactured in the United States 387
477+and not readily available in the ordinary channel of commercial trade. 388
478+[(g)] (h) The provisions of this section shall not apply to the sale, 389
479+delivery or transfer of pistols or revolvers between (1) a federally-390
480+licensed firearm manufacturer and a federally-licensed firearm dealer, 391
481+(2) a federally-licensed firearm importer and a federally-licensed 392
482+firearm dealer, or (3) federally-licensed firearm dealers. 393
483+[(h)] (i) If the court finds that a violation of this section is not of a 394
484+serious nature and that the person charged with such violation (1) will 395
485+probably not offend in the future, (2) has not previously been convicted 396
486+of a violation of this section, and (3) has not previously had a 397
487+prosecution under this section suspended pursuant to this subsection, 398
488+the court may order suspension of prosecution. The court shall not order 399
489+suspension of prosecution unless the accused person has acknowledged 400
490+that he understands the consequences of the suspension of prosecution. 401
491+Any person for whom prosecution is suspended shall agree to the 402
492+tolling of any statute of limitations with respect to such violation and to 403
493+a waiver of his right to a speedy trial. Such person shall appear in court 404
494+and shall be released to the supervision of the Court Support Services 405 Substitute Bill No. 6667
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501+Division for such period, not exceeding two years, and under such 406
502+conditions as the court shall order. If the person refuses to accept, or, 407
503+having accepted, violates such conditions, the court shall terminate the 408
504+suspension of prosecution and the case shall be brought to trial. If such 409
505+person satisfactorily completes his period of probation, he may apply 410
506+for dismissal of the charges against him and the court, on finding such 411
507+satisfactory completion, shall dismiss such charges. If the person does 412
508+not apply for dismissal of the charges against him after satisfactorily 413
509+completing his period of probation, the court, upon receipt of a report 414
510+submitted by the Court Support Services Division that the person 415
511+satisfactorily completed his period of probation, may on its own motion 416
512+make a finding of such satisfactory completion and dismiss such 417
513+charges. Upon dismissal, all records of such charges shall be erased 418
514+pursuant to section 54-142a. An order of the court denying a motion to 419
515+dismiss the charges against a person who has completed his period of 420
516+probation or terminating the participation of a defendant in such 421
517+program shall be a final judgment for purposes of appeal. 422
518+[(i)] (j) Any person who violates any provision of this section shall be 423
519+guilty of a class C felony for which two years of the sentence imposed 424
520+may not be suspended or reduced by the court, and five thousand 425
521+dollars of the fine imposed may not be remitted or reduced by the court 426
522+unless the court states on the record its reasons for remitting or reducing 427
523+such fine, except that any person who sells, delivers or otherwise 428
524+transfers a pistol or revolver in violation of the provisions of this section 429
525+knowing that such pistol or revolver is stolen or that the manufacturer's 430
526+number or other mark of identification on such pistol or revolver has 431
527+been altered, removed or obliterated, shall be guilty of a class B felony 432
528+for which three years of the sentence imposed may not be suspended or 433
529+reduced by the court, and ten thousand dollars of the fine imposed may 434
530+not be remitted or reduced by the court unless the court states on the 435
531+record its reasons for remitting or reducing such fine, and any pistol or 436
532+revolver found in the possession of any person in violation of any 437
533+provision of this section shall be forfeited. 438 Substitute Bill No. 6667
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540+Sec. 4. Subsection (a) of section 29-28 of the general statutes is 439
541+repealed and the following is substituted in lieu thereof (Effective July 1, 440
542+2023): 441
543+(a) (1) No person who sells ten or more [pistols or revolvers] firearms 442
544+in a calendar year or is a federally licensed firearm dealer shall advertise, 443
545+sell, deliver, or offer or expose for sale or delivery, or have in such 444
546+person's possession with intent to sell or deliver, any pistol or revolver 445
547+at retail without having a local permit, and, on or after October 1, 2023, 446
548+a state license therefor issued as provided in this subsection. 447
549+(2) The chief of police or, where there is no chief of police, the chief 448
550+executive officer of the municipality, as defined in section 7-148, or, if 449
551+designated by such chief executive officer, the resident state trooper 450
552+serving such municipality or a state police officer of the state police 451
553+troop having jurisdiction over such municipality, may, upon the 452
554+application of any person, issue a permit in such form as may be 453
555+prescribed by the Commissioner of Emergency Services and Public 454
556+Protection for the sale at retail of [pistols and revolvers] firearms within 455
557+the jurisdiction of the authority issuing such permit. No local permit for 456
558+the sale at retail of [any pistol or revolver] firearms shall be issued unless 457
559+(A) if the application is filed prior to October 1, 2023, the applicant holds 458
560+a valid eligibility certificate for a pistol or revolver issued pursuant to 459
561+section 29-36f, as amended by this act, or a valid state permit to carry a 460
562+pistol or revolver issued pursuant to subsection (b) of this section; and 461
563+(B) the applicant submits documentation sufficient to establish that local 462
564+zoning requirements have been met for the location where the sale is to 463
565+take place. [, except that any person selling or exchanging a pistol or 464
566+revolver for the enhancement of a personal collection or for a hobby or 465
567+who sells all or part of such person's personal collection of pistols or 466
568+revolvers shall not be required to submit such documentation for the 467
569+location where the sale or exchange is to take place.] 468
570+(3) The commissioner shall, upon the application of any person in 469
571+such form and manner as may be prescribed by the commissioner, issue 470
572+a state license to sell firearms at retail if the application includes: 471 Substitute Bill No. 6667
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579+(A) Such person's valid federal firearms license; 472
580+(B) For each individual listed as a responsible person, as defined in 473
581+27 CFR 479.11, as amended from time to time, on such federal firearms 474
582+license, a valid state permit to carry a pistol or revolver issued to such 475
583+individual pursuant to subsection (b) of this section; 476
584+(C) A valid local permit issued pursuant to subdivision (2) of this 477
585+subsection; and 478
586+(D) Any other materials required by the commissioner. 479
587+(4) Each person who holds a state license to sell firearms at retail shall 480
588+apply to renew such license every five years in such form and manner 481
589+as may be prescribed by the commissioner. 482
590+(5) (A) For sufficient cause found pursuant to subparagraph (B) of 483
591+this subdivision, the commissioner may suspend or revoke a license 484
592+issued pursuant to subdivision (3) of this subsection, issue fines of not 485
593+more than twenty-five thousand dollars per violation, accept an offer in 486
594+compromise or refuse to grant or renew a state license issued pursuant 487
595+to subdivision (3) of this subsection or place such licensee on probation, 488
596+place conditions on such licensee or take other actions permitted by law. 489
597+Information from inspections and investigations conducted by the 490
598+Department of Emergency Services and Public Protection related to 491
599+administrative complaints or cases shall not be subject to disclosure 492
600+under the Freedom of Information Act, as defined in section 1-200, 493
601+except after the department has entered into a settlement agreement, or 494
602+concluded its investigation or inspection as evidenced by case closure, 495
603+provided that nothing in this section shall prevent the department from 496
604+sharing information with other state and federal agencies and law 497
605+enforcement as it relates to investigating violations of law. 498
606+(B) Any of the following shall constitute sufficient cause for such 499
607+action by the commissioner, including, but not limited to: 500
608+(i) Furnishing of false or fraudulent information in any application or 501 Substitute Bill No. 6667
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615+failure to comply with representations made in any application; 502
616+(ii) False, misleading or deceptive representations to the public or the 503
617+department; 504
618+(iii) Failure to maintain effective controls against theft of firearms, 505
619+including, but not limited to, failure to install or maintain the burglar 506
620+alarm system required under section 29-37d; 507
621+(iv) An adverse administrative decision or delinquency assessment 508
622+from the Department of Revenue Services; 509
623+(v) Failure to cooperate or give information to the department, local 510
624+law enforcement authorities or any other enforcement agency upon any 511
625+matter arising out of conduct at the premises of the licensee; 512
626+(vi) Revocation, or suspension of the permit to carry a pistol or 513
627+revolver, or federal firearms license required pursuant to subdivision (3) 514
628+of this subsection; 515
629+(vii) Failure to acquire an authorization number for a firearm transfer 516
630+pursuant to sections 29-36l and 29-37a, as amended by this act; 517
631+(viii) Failure to verify that the recipient of a firearm is eligible to 518
632+receive such firearm; 519
633+(ix) Transfer of a firearm to a person ineligible to receive such firearm, 520
634+unless the licensee relied in good faith on the information provided to 521
635+such licensee by the department in verifying the eligibility of such 522
636+ineligible person; 523
637+(x) Evidence that the licensee is not a suitable person to hold a state 524
638+license; and 525
639+(xi) Failure to comply with any other provision of sections 29-28 to 526
640+29-37s, inclusive, as amended by this act, or any other provision of state 527
641+or federal law regarding the manner in which licensed persons may 528
642+lawfully sell or otherwise transfer firearms. 529 Substitute Bill No. 6667
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649+(6) State licenses issued pursuant to this subsection may not be 530
650+transferred. 531
651+Sec. 5. Subsection (d) of section 29-28 of the general statutes is 532
652+repealed and the following is substituted in lieu thereof (Effective July 1, 533
653+2023): 534
654+(d) Notwithstanding the provisions of sections 1-210 and 1-211, the 535
655+name and address of a person issued a local permit to sell firearms at 536
656+retail [pistols and revolvers] pursuant to subsection (a) of this section or 537
657+a state or a temporary state permit to carry a pistol or revolver pursuant 538
658+to subsection (b) of this section, or a local permit to carry pistols and 539
659+revolvers issued by local authorities prior to October 1, 2001, shall be 540
660+confidential and shall not be disclosed, except (1) such information may 541
661+be disclosed to law enforcement officials acting in the performance of 542
662+their duties, including, but not limited to, employees of the United 543
663+States Probation Office acting in the performance of their duties and 544
664+parole officers within the Department of Correction acting in the 545
665+performance of their duties, (2) the issuing authority may disclose such 546
666+information to the extent necessary to comply with a request made 547
667+pursuant to section 29-33, as amended by this act, 29-37a, as amended 548
668+by this act, or 29-38m, as amended by this act, for verification that such 549
669+state or temporary state permit is still valid and has not been suspended 550
670+or revoked, and the local authority may disclose such information to the 551
671+extent necessary to comply with a request made pursuant to section 29-552
672+33, as amended by this act, 29-37a, as amended by this act, or 29-38m, as 553
673+amended by this act, for verification that a local permit is still valid and 554
674+has not been suspended or revoked, and (3) such information may be 555
675+disclosed to the Commissioner of Mental Health and Addiction Services 556
676+to carry out the provisions of subsection (c) of section 17a-500. 557
677+Sec. 6. Subsection (a) of section 29-30 of the general statutes is 558
678+repealed and the following is substituted in lieu thereof (Effective July 1, 559
679+2023): 560
680+(a) The fee for each local permit originally issued under the 561 Substitute Bill No. 6667
681+
682+
683+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
684+R02-HB.docx }
685+19 of 93
686+
687+provisions of subsection (a) of section 29-28, as amended by this act, for 562
688+the sale at retail of [pistols and revolvers] firearms shall be two hundred 563
689+dollars and for each renewal of such permit two hundred dollars. The 564
690+fee for each state license originally issued under the provisions of 565
691+subsection (a) of section 29-28, as amended by this act, shall be two 566
692+hundred dollars and for each renewal of such license two hundred 567
693+dollars, except that any person who applies for such state license prior 568
694+to October 1, 2023, and is in possession of a local permit to sell or deliver 569
695+pistols or revolvers at retail on the date such person applies shall not be 570
696+charged any fee for such person's initial application. The fee for each 571
697+state permit originally issued under the provisions of subsection (b) of 572
698+section 29-28, as amended by this act, for the carrying of pistols and 573
699+revolvers shall be one hundred forty dollars plus sufficient funds as 574
700+required to be transmitted to the Federal Bureau of Investigation to 575
701+cover the cost of a national criminal history records check. The local 576
702+authority shall forward sufficient funds for the national criminal history 577
703+records check to the commissioner no later than five business days after 578
704+receipt by the local authority of the application for the temporary state 579
705+permit. Seventy dollars shall be retained by the local authority. Upon 580
706+approval by the local authority of the application for a temporary state 581
707+permit, seventy dollars shall be sent to the commissioner. The fee to 582
708+renew each state permit originally issued under the provisions of 583
709+subsection (b) of section 29-28, as amended by this act, shall be seventy 584
710+dollars. Upon deposit of such fees in the General Fund, ten dollars of 585
711+each fee shall be credited within thirty days to the appropriation for the 586
712+Department of Emergency Services and Public Protection to a separate 587
713+nonlapsing account for the purposes of the issuance of permits under 588
714+subsections (a) and (b) of section 29-28, as amended by this act. 589
715+Sec. 7. Section 29-31 of the general statutes is repealed and the 590
716+following is substituted in lieu thereof (Effective October 1, 2023): 591
717+No sale of any [pistol or revolver] firearm shall be made except in the 592
718+room, store or place described in the [permit for the sale of pistols and 593
719+revolvers] local permit and state license to sell firearms at retail, and 594 Substitute Bill No. 6667
720+
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722+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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724+20 of 93
725+
726+such local permit and state license or a copy [thereof] of each certified 595
727+by the authority issuing the same shall be exposed to view within the 596
728+room, store or place where [pistols or revolvers] firearms are sold or 597
729+offered or exposed for sale. No sale or delivery of any [pistol or revolver] 598
730+firearm shall be made unless the purchaser or person to whom the same 599
731+is to be delivered is personally known to the vendor of such [pistol or 600
732+revolver] firearm or the person making delivery thereof or unless the 601
733+person making such purchase or to whom delivery thereof is to be made 602
734+provides evidence of his or her identity. The vendor of any [pistol or 603
735+revolver] firearm shall keep a record of each [pistol or revolver] firearm 604
736+sold in a book kept for that purpose, which record shall be in such form 605
737+as is prescribed by 27 CFR 478.125. The vendor of any [pistol or revolver] 606
738+firearm shall make such record available for inspection upon the request 607
739+of any sworn member of an organized local police department or the 608
740+Division of State Police within the Department of Emergency Services 609
741+and Public Protection or any investigator assigned to the state-wide 610
742+firearms trafficking task force established under section 29-38e or any 611
743+investigator employed by a federal law enforcement agency. 612
744+Sec. 8. Subsection (b) of section 29-32b of the general statutes is 613
745+repealed and the following is substituted in lieu thereof (Effective October 614
746+1, 2023): 615
747+(b) Any person aggrieved by any refusal to issue or renew a license, 616
748+permit or certificate under the provisions of section 29-28, as amended 617
749+by this act, 29-36f, 29-37p, as amended by this act, or 29-38n or by any 618
750+limitation or revocation of a license, permit or certificate issued under 619
751+any of said sections, or by a refusal or failure of any issuing authority to 620
752+furnish an application as provided in section 29-28a, may, within ninety 621
753+days after receipt of notice of such refusal, limitation or revocation, or 622
754+refusal or failure to supply an application as provided in section 29-28a, 623
755+and without prejudice to any other course of action open to such person 624
756+in law or in equity, appeal to the board. On such appeal the board shall 625
757+inquire into and determine the facts, de novo, and unless it finds that 626
758+such a refusal, limitation or revocation, or such refusal or failure to 627 Substitute Bill No. 6667
759+
760+
761+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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763+21 of 93
764+
765+supply an application, as the case may be, would be for just and proper 628
766+cause, it shall order such license, permit or certificate to be issued, 629
767+renewed or restored, or the limitation removed or modified, as the case 630
768+may be. If the refusal was for failure to document compliance with local 631
769+zoning requirements, under subsection (a) of section 29-28, as amended 632
770+by this act, the board shall not issue a permit. 633
771+Sec. 9. Section 29-33 of the general statutes, as amended by section 3 634
772+of this act, is repealed and the following is substituted in lieu thereof 635
773+(Effective October 1, 2023): 636
774+(a) No person, firm or corporation shall sell, deliver or otherwise 637
775+transfer any pistol or revolver to any person who is prohibited from 638
776+possessing a pistol or revolver as provided in section 53a-217c, as 639
777+amended by this act. 640
778+(b) [On and after October 1, 1995, no] No person may purchase or 641
779+receive any pistol or revolver unless such person holds a valid permit to 642
780+carry a pistol or revolver issued pursuant to subsection (b) of section 29-643
781+28, as amended by this act, a valid local permit and state license to sell 644
782+firearms at retail [a pistol or revolver] issued pursuant to subsection (a) 645
783+of section 29-28, as amended by this act, or a valid eligibility certificate 646
784+for a pistol or revolver issued pursuant to section 29-36f, as amended by 647
785+this act, or is a federal marshal, parole officer or peace officer. 648
786+(c) No person, firm or corporation shall sell, deliver or otherwise 649
787+transfer any pistol or revolver except upon written application on a form 650
788+prescribed and furnished by the Commissioner of Emergency Services 651
789+and Public Protection. Such person, firm or corporation shall ensure that 652
790+all questions on the application are answered properly prior to releasing 653
791+the pistol or revolver and shall retain the application, which shall be 654
792+attached to the federal sale or transfer document, for at least twenty 655
793+years or until such vendor goes out of business. Such application shall 656
794+be available for inspection during normal business hours by law 657
795+enforcement officials. No sale, delivery or other transfer of any pistol or 658
796+revolver shall be made unless the person making the purchase or to 659 Substitute Bill No. 6667
797+
798+
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801+22 of 93
802+
803+whom the same is delivered or transferred is personally known to the 660
804+person selling such pistol or revolver or making delivery or transfer 661
805+thereof or provides evidence of his identity in the form of a motor 662
806+vehicle operator's license, identity card issued pursuant to section 1-1h 663
807+or valid passport. No sale, delivery or other transfer of any pistol or 664
808+revolver shall be made until the person, firm or corporation making 665
809+such transfer obtains an authorization number from the Commissioner 666
810+of Emergency Services and Public Protection. Said commissioner shall 667
811+perform the national instant criminal background check and make a 668
812+reasonable effort to determine whether there is any reason that would 669
813+prohibit such applicant from possessing a pistol or revolver as provided 670
814+in section 53a-217c, as amended by this act. If the commissioner 671
815+determines the existence of such a reason, the commissioner shall (1) 672
816+deny the sale and no pistol or revolver shall be sold, delivered or 673
817+otherwise transferred by such person, firm or corporation to such 674
818+applicant, and (2) inform the chief of police of the town in which the 675
819+applicant resides, or, where there is no chief of police, the warden of the 676
820+borough or the first selectman of the town, as the case may be, that there 677
821+exists a reason that would prohibit such applicant from possessing a 678
822+pistol or revolver. 679
823+(d) No person, firm or corporation shall sell, deliver or otherwise 680
824+transfer any pistol or revolver, other than at wholesale, unless such 681
825+pistol or revolver is equipped with a reusable trigger lock, gun lock or 682
826+gun locking device appropriate for such pistol or revolver, which lock 683
827+or device shall be constructed of material sufficiently strong to prevent 684
828+it from being easily disabled and have a locking mechanism accessible 685
829+by key or by electronic or other mechanical accessory specific to such 686
830+lock or device to prevent unauthorized removal. No pistol or revolver 687
831+shall be loaded or contain therein any gunpowder or other explosive or 688
832+any bullet, ball or shell when such pistol or revolver is sold, delivered 689
833+or otherwise transferred. 690
834+(e) Upon the sale, delivery or other transfer of any pistol or revolver, 691
835+the person making the purchase or to whom the same is delivered or 692 Substitute Bill No. 6667
836+
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840+23 of 93
841+
842+transferred shall sign a receipt for such pistol or revolver, which shall 693
843+contain the name and address of such person, the date of sale, the 694
844+caliber, make, model and manufacturer's number and a general 695
845+description of such pistol or revolver, the identification number of such 696
846+person's permit to carry pistols or revolvers, issued pursuant to 697
847+subsection (b) of section 29-28, as amended by this act, local permit and 698
848+state license to sell firearms at retail, [pistols or revolvers,] issued 699
849+pursuant to subsection (a) of said section, or eligibility certificate for a 700
850+pistol or revolver, issued pursuant to section 29-36f, as amended by this 701
851+act, if any, and the authorization number designated for the transfer by 702
852+the Department of Emergency Services and Public Protection. The 703
853+person, firm or corporation selling such pistol or revolver or making 704
854+delivery or transfer thereof shall (1) give one copy of the receipt to the 705
855+person making the purchase of such pistol or revolver or to whom the 706
856+same is delivered or transferred, (2) retain one copy of the receipt for at 707
857+least five years, and (3) send, by first class mail, or electronically 708
858+transmit, within forty-eight hours of such sale, delivery or other 709
859+transfer, (A) one copy of the receipt to the Commissioner of Emergency 710
860+Services and Public Protection, and (B) one copy of the receipt to the 711
861+chief of police of the municipality in which the transferee resides or, 712
862+where there is no chief of police, the chief executive officer of the 713
863+municipality, as defined in section 7-148, in which the transferee resides 714
864+or, if designated by such chief executive officer, the resident state 715
865+trooper serving such municipality or a state police officer of the state 716
866+police troop having jurisdiction over such municipality. 717
867+(f) (1) Except as provided in subdivision (2) of this subsection, (A) no 718
868+person shall sell, deliver or otherwise transfer more than one pistol or 719
869+revolver to any individual during a thirty-day period, and (B) no person 720
870+shall sell, deliver or otherwise transfer a pistol or revolver to any 721
871+individual who has purchased a pistol or revolver in the previous thirty 722
872+days. 723
873+(2) The provisions of this subsection shall not apply to (A) any firearm 724
874+transferred to a federal, state or municipal law enforcement agency, or 725 Substitute Bill No. 6667
875+
876+
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879+24 of 93
880+
881+any firearm legally transferred under the provisions of section 29-36k, 726
882+(B) the exchange of a pistol or revolver purchased by an individual from 727
883+a federally licensed firearm dealer for another pistol or revolver from 728
884+the same federally licensed firearms dealer within thirty days of the 729
885+original transaction, provided that the federally licensed firearm dealer 730
886+reports the transaction to the Commissioner of Emergency Services and 731
887+Public Protection, (C) as otherwise provided in subsection (g) or (h) of 732
888+this section, (D) any firearm transferred by bequest or intestate 733
889+succession, or, upon the death of a testator or settlor: (i) To a trust, or (ii) 734
890+from a trust to a beneficiary, or (E) a transfer to a museum at a fixed 735
891+location that is open to the public and displays firearms as part of an 736
892+educational mission. 737
893+(g) The provisions of this section shall not apply to antique pistols or 738
894+revolvers. An antique pistol or revolver, for the purposes of this section, 739
895+means any pistol or revolver which was manufactured in or before 1898 740
896+and any replica of such pistol or revolver provided such replica is not 741
897+designed or redesigned for using rimfire or conventional centerfire fixed 742
898+ammunition except rimfire or conventional centerfire fixed ammunition 743
899+which is no longer manufactured in the United States and not readily 744
900+available in the ordinary channel of commercial trade. 745
901+(h) The provisions of this section shall not apply to the sale, delivery 746
902+or transfer of pistols or revolvers between (1) a federally-licensed 747
903+firearm manufacturer and a federally-licensed firearm dealer, (2) a 748
904+federally-licensed firearm importer and a federally-licensed firearm 749
905+dealer, or (3) federally-licensed firearm dealers. 750
906+(i) If the court finds that a violation of this section is not of a serious 751
907+nature and that the person charged with such violation (1) will probably 752
908+not offend in the future, (2) has not previously been convicted of a 753
909+violation of this section, and (3) has not previously had a prosecution 754
910+under this section suspended pursuant to this subsection, the court may 755
911+order suspension of prosecution. The court shall not order suspension 756
912+of prosecution unless the accused person has acknowledged that he 757
913+understands the consequences of the suspension of prosecution. Any 758 Substitute Bill No. 6667
914+
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918+25 of 93
919+
920+person for whom prosecution is suspended shall agree to the tolling of 759
921+any statute of limitations with respect to such violation and to a waiver 760
922+of his right to a speedy trial. Such person shall appear in court and shall 761
923+be released to the supervision of the Court Support Services Division for 762
924+such period, not exceeding two years, and under such conditions as the 763
925+court shall order. If the person refuses to accept, or, having accepted, 764
926+violates such conditions, the court shall terminate the suspension of 765
927+prosecution and the case shall be brought to trial. If such person 766
928+satisfactorily completes his period of probation, he may apply for 767
929+dismissal of the charges against him and the court, on finding such 768
930+satisfactory completion, shall dismiss such charges. If the person does 769
931+not apply for dismissal of the charges against him after satisfactorily 770
932+completing his period of probation, the court, upon receipt of a report 771
933+submitted by the Court Support Services Division that the person 772
934+satisfactorily completed his period of probation, may on its own motion 773
935+make a finding of such satisfactory completion and dismiss such 774
936+charges. Upon dismissal, all records of such charges shall be erased 775
937+pursuant to section 54-142a. An order of the court denying a motion to 776
938+dismiss the charges against a person who has completed his period of 777
939+probation or terminating the participation of a defendant in such 778
940+program shall be a final judgment for purposes of appeal. 779
941+(j) Any person who violates any provision of this section shall be 780
942+guilty of a class C felony for which two years of the sentence imposed 781
943+may not be suspended or reduced by the court, and five thousand 782
944+dollars of the fine imposed may not be remitted or reduced by the court 783
945+unless the court states on the record its reasons for remitting or reducing 784
946+such fine, except that any person who sells, delivers or otherwise 785
947+transfers a pistol or revolver in violation of the provisions of this section 786
948+knowing that such pistol or revolver is stolen or that the manufacturer's 787
949+number or other mark of identification on such pistol or revolver has 788
950+been altered, removed or obliterated, shall be guilty of a class B felony 789
951+for which three years of the sentence imposed may not be suspended or 790
952+reduced by the court, and ten thousand dollars of the fine imposed may 791
953+not be remitted or reduced by the court unless the court states on the 792 Substitute Bill No. 6667
954+
955+
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958+26 of 93
959+
960+record its reasons for remitting or reducing such fine, and any pistol or 793
961+revolver found in the possession of any person in violation of any 794
962+provision of this section shall be forfeited. 795
963+Sec. 10. Section 29-36l of the general statutes is repealed and the 796
964+following is substituted in lieu thereof (Effective October 1, 2023): 797
965+(a) The Commissioner of Emergency Services and Public Protection 798
966+shall establish a state database that any person, firm or corporation who 799
967+sells or otherwise transfers firearms may access, by telephone or other 800
968+electronic means in addition to the telephone, for information to be 801
969+supplied immediately, on whether a permit to carry a pistol or revolver, 802
970+issued pursuant to subsection (b) of section 29-28, as amended by this 803
971+act, a [permit] state license to sell firearms at retail, [a pistol or revolver,] 804
972+issued pursuant to subsection (a) of section 29-28, as amended by this 805
973+act, an eligibility certificate for a pistol or revolver, issued pursuant to 806
974+section 29-36f, as amended by this act, or a long gun eligibility 807
975+certificate, issued pursuant to section 29-37p, as amended by this act, is 808
976+valid and has not been revoked or suspended. 809
977+(b) Upon establishment of the database, the commissioner shall notify 810
978+each person, firm or corporation holding a [permit] state license to sell 811
979+firearms at retail [pistols or revolvers] issued pursuant to subsection (a) 812
980+of section 29-28, as amended by this act, of the existence and purpose of 813
981+the system and the means to be used to access the database. 814
982+(c) The Department of Emergency Services and Public Protection 815
983+shall establish days and hours during which the telephone number or 816
984+other electronic means shall be operational for purposes of responding 817
985+to inquiries, taking into consideration the normal business hours of 818
986+retail firearm businesses. 819
987+(d) (1) The Department of Emergency Services and Public Protection 820
988+shall be the point of contact for initiating a background check through 821
989+the National Instant Criminal Background Check System (NICS), 822
990+established under section 103 of the Brady Handgun Violence 823 Substitute Bill No. 6667
991+
992+
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995+27 of 93
996+
997+Prevention Act, on individuals purchasing firearms. 824
998+(2) The Department of Emergency Services and Public Protection, 825
999+Department of Mental Health and Addiction Services and Judicial 826
1000+Department shall, in accordance with state and federal law regarding 827
1001+confidentiality, enter into a memorandum of understanding with the 828
1002+Federal Bureau of Investigation for the purpose of implementing the 829
1003+National Instant Criminal Background Check System in the state. The 830
1004+Department of Emergency Services and Public Protection shall report 831
1005+the name, date of birth and physical description of any person 832
1006+prohibited from possessing a firearm pursuant to 18 USC 922(g) or (n) 833
1007+to the National Instant Criminal Background Check System Index, 834
1008+Denied Persons Files. 835
1009+(e) Any person, firm or corporation that contacts the Department of 836
1010+Emergency Services and Public Protection to access the database 837
1011+established under this section and determine if a person is eligible to 838
1012+receive or possess a firearm shall not be held civilly liable for the sale or 839
1013+transfer of a firearm to a person whose receipt or possession of such 840
1014+firearm is unlawful or for refusing to sell or transfer a firearm to a person 841
1015+who may lawfully receive or possess such firearm if such person, firm 842
1016+or corporation relied, in good faith, on the information provided to such 843
1017+person, firm or corporation by said department, unless the conduct of 844
1018+such person, firm or corporation was unreasonable or reckless. 845
1019+(f) Any person, firm or corporation that sells, delivers or otherwise 846
1020+transfers any firearm pursuant to section 29-33, as amended by this act, 847
1021+or 29-37a, as amended by this act, shall contact the Department of 848
1022+Emergency Services and Public Protection to access the database 849
1023+established under this section and receive an authorization number for 850
1024+such sale, delivery or transfer. The provisions of this subsection shall not 851
1025+apply to: (1) Any sale, delivery or transfer of an antique firearm 852
1026+manufactured in or before 1898, including any firearm with a 853
1027+matchlock, flintlock, percussion cap or similar type of ignition system 854
1028+manufactured in or before 1898; (2) any sale, delivery or transfer of any 855
1029+replica of any firearm described in subdivision (1) of this subsection if 856 Substitute Bill No. 6667
1030+
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1034+28 of 93
1035+
1036+such replica uses rimfire or conventional centerfire fixed ammunition 857
1037+which is no longer manufactured in the United States and which is not 858
1038+readily available in the ordinary channels of commercial trade; (3) 859
1039+transactions between persons who are licensed as firearms importers or 860
1040+collectors, manufacturers or dealers pursuant to 18 USC 921 et seq.; (4) 861
1041+the transfer of firearms to and from gunsmiths for purposes of repair 862
1042+only; and (5) any sale, delivery or transfer of any firearm to any agency 863
1043+of the United States, the state of Connecticut or any local government. 864
1044+(g) No person shall complete the transfer of actual possession of any 865
1045+firearm for which an authorization number is required under this 866
1046+section until the eleventh calendar day or later after receipt of such 867
1047+authorization number. 868
1048+Sec. 11. Section 29-37a of the general statutes is repealed and the 869
1049+following is substituted in lieu thereof (Effective October 1, 2023): 870
1050+(a) For the purposes of this section, "long gun" means a firearm, as 871
1051+defined in section 53a-3, as amended by this act, other than a pistol or 872
1052+revolver. 873
1053+(b) (1) Except as provided in subdivision (2) of this subsection, no 874
1054+person, firm or corporation may sell, deliver or otherwise transfer, at 875
1055+retail, any long gun to any person under [eighteen] twenty-one years of 876
1056+age. 877
1057+(2) [No person, firm or corporation may sell, deliver or otherwise 878
1058+transfer, at retail, any semi-automatic centerfire rifle that has or accepts 879
1059+a magazine with a capacity exceeding five rounds to any person under 880
1060+twenty-one years of age.] The provisions of this [subdivision] subsection 881
1061+shall not apply to the sale, delivery or transfer of [such a rifle] any long 882
1062+gun to any person who is a member or employee of an organized local 883
1063+police department, the Department of Emergency Services and Public 884
1064+Protection or the Department of Correction or a member of the military 885
1065+or naval forces of this state or of the United States for use in the 886
1066+discharge of their duties. 887 Substitute Bill No. 6667
1067+
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1071+29 of 93
1072+
1073+(c) [On and after April 1, 2014, no] No person may purchase or receive 888
1074+any long gun unless such person holds a valid long gun eligibility 889
1075+certificate issued pursuant to section 29-37p, as amended by this act, a 890
1076+valid permit to carry a pistol or revolver issued pursuant to subsection 891
1077+(b) of section 29-28, as amended by this act, a valid [permit] state license 892
1078+to sell firearms at retail [a pistol or revolver] issued pursuant to 893
1079+subsection (a) of section 29-28, as amended by this act, or a valid 894
1080+eligibility certificate for a pistol or revolver issued pursuant to section 895
1081+29-36f, as amended by this act. 896
1082+(d) No person, firm or corporation may sell, deliver or otherwise 897
1083+transfer, at retail, any long gun to any person unless such person makes 898
1084+application on a form prescribed and furnished by the Commissioner of 899
1085+Emergency Services and Public Protection, which shall be attached by 900
1086+the transferor to the federal sale or transfer document and filed and 901
1087+retained by the transferor for at least twenty years or until such 902
1088+transferor goes out of business. Such application shall be available for 903
1089+inspection during normal business hours by law enforcement officials. 904
1090+No such sale, delivery or other transfer of any long gun shall be made 905
1091+until the person, firm or corporation making such sale, delivery or 906
1092+transfer has ensured that such application has been completed properly 907
1093+and has obtained an authorization number from the Commissioner of 908
1094+Emergency Services and Public Protection for such sale, delivery or 909
1095+transfer. The Department of Emergency Services and Public Protection 910
1096+shall make every effort, including performing the national instant 911
1097+criminal background check, to determine if the applicant is eligible to 912
1098+receive such long gun. If it is determined that the applicant is ineligible 913
1099+to receive such long gun, the Commissioner of Emergency Services and 914
1100+Public Protection shall immediately notify the (1) person, firm or 915
1101+corporation to whom such application was made and no such long gun 916
1102+shall be sold, delivered or otherwise transferred to such applicant by 917
1103+such person, firm or corporation, and (2) chief of police of the town in 918
1104+which the applicant resides, or, where there is no chief of police, the 919
1105+warden of the borough or the first selectman of the town, as the case 920
1106+may be, that the applicant is not eligible to receive a long gun. When any 921 Substitute Bill No. 6667
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1112+
1113+long gun is delivered in connection with any sale or purchase, such long 922
1114+gun shall be enclosed in a package, the paper or wrapping of which shall 923
1115+be securely fastened, and no such long gun when delivered on any sale 924
1116+or purchase shall be loaded or contain any gunpowder or other 925
1117+explosive or any bullet, ball or shell. Upon the sale, delivery or other 926
1118+transfer of the long gun, the transferee shall sign in triplicate a receipt 927
1119+for such long gun, which shall contain the name, address and date and 928
1120+place of birth of such transferee, the date of such sale, delivery or 929
1121+transfer and the caliber, make, model and manufacturer's number and a 930
1122+general description thereof. Not later than twenty-four hours after such 931
1123+sale, delivery or transfer, the transferor shall send by first class mail or 932
1124+electronically transfer one receipt to the Commissioner of Emergency 933
1125+Services and Public Protection and one receipt to the chief of police of 934
1126+the municipality in which the transferee resides or, where there is no 935
1127+chief of police, the chief executive officer of the municipality, as defined 936
1128+in section 7-148, in which the transferee resides or, if designated by such 937
1129+chief executive officer, the resident state trooper serving such 938
1130+municipality or a state police officer of the state police troop having 939
1131+jurisdiction over such municipality, and shall retain one receipt, 940
1132+together with the original application, for at least five years. 941
1133+(e) No sale, delivery or other transfer of any long gun shall be made 942
1134+by a person who [is not a federally licensed firearm manufacturer, 943
1135+importer or dealer] does not possess a local permit and state license to 944
1136+sell firearms at retail issued pursuant to subsection (a) of section 29-28, 945
1137+as amended by this act, to a person who is not a federally licensed 946
1138+firearm manufacturer, importer or dealer unless: 947
1139+(1) The prospective transferor and prospective transferee comply 948
1140+with the provisions of subsection (d) of this section, [and] the 949
1141+prospective transferor has obtained an authorization number from the 950
1142+Commissioner of Emergency Services and Public Protection for such 951
1143+sale, delivery or transfer and the prospective transferor will have sold 952
1144+ten or fewer firearms in the current calendar year and is not a federally 953
1145+licensed firearm manufacturer, importer or dealer; or 954 Substitute Bill No. 6667
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1151+
1152+(2) The prospective transferor or prospective transferee requests a 955
1153+federally licensed firearm dealer to contact the Department of 956
1154+Emergency Services and Public Protection on behalf of such prospective 957
1155+transferor or prospective transferee and the federally licensed firearm 958
1156+dealer has obtained an authorization number from the Commissioner of 959
1157+Emergency Services and Public Protection for such sale, delivery or 960
1158+transfer, and the prospective transferor will have sold ten or fewer 961
1159+firearms in the current calendar year and is not a federally licensed 962
1160+firearm manufacturer, importer or dealer. 963
1161+(f) (1) [On and after January 1, 2014, for] For purposes of a transfer 964
1162+pursuant to subdivision (2) of subsection (e) of this section, a 965
1163+prospective transferor or prospective transferee may request a federally 966
1164+licensed firearm dealer to contact the Department of Emergency 967
1165+Services and Public Protection to obtain an authorization number for 968
1166+such sale, delivery or transfer. If a federally licensed firearm dealer 969
1167+consents to contact the department on behalf of the prospective 970
1168+transferor or prospective transferee, the prospective transferor or 971
1169+prospective transferee shall provide to such dealer the name, sex, race, 972
1170+date of birth and state of residence of the prospective transferee and, if 973
1171+necessary to verify the identity of the prospective transferee, may 974
1172+provide a unique numeric identifier including, but not limited to, a 975
1173+Social Security number, and additional identifiers including, but not 976
1174+limited to, height, weight, eye and hair color, and place of birth. The 977
1175+prospective transferee shall present to the dealer such prospective 978
1176+transferee's valid long gun eligibility certificate issued pursuant to 979
1177+section 29-37p, as amended by this act, valid permit to carry a pistol or 980
1178+revolver issued pursuant to subsection (b) of section 29-28, as amended 981
1179+by this act, valid [permit] state license to sell firearms at retail [a pistol 982
1180+or revolver] issued pursuant to subsection (a) of section 29-28, as 983
1181+amended by this act, or valid eligibility certificate for a pistol or revolver 984
1182+issued pursuant to section 29-36f, as amended by this act. The dealer 985
1183+may charge a fee for contacting the department on behalf of the 986
1184+prospective transferor or prospective transferee. 987 Substitute Bill No. 6667
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1190+
1191+(2) The Department of Emergency Services and Public Protection 988
1192+shall make every effort, including performing the national instant 989
1193+criminal background check, to determine if the prospective transferee is 990
1194+eligible to receive such long gun. The Commissioner of Emergency 991
1195+Services and Public Protection shall immediately notify the dealer of the 992
1196+department's determination and the dealer shall immediately notify the 993
1197+prospective transferor or prospective transferee of such determination. 994
1198+If the department determines the prospective transferee is ineligible to 995
1199+receive such long gun, no long gun shall be sold, delivered or otherwise 996
1200+transferred by the prospective transferor to the prospective transferee. 997
1201+If the department determines the prospective transferee is eligible to 998
1202+receive such long gun and provides an authorization number for such 999
1203+sale, delivery or transfer, the prospective transferor may proceed to sell, 1000
1204+deliver or otherwise transfer the long gun to the prospective transferee. 1001
1205+(3) Upon the sale, delivery or other transfer of the long gun, the 1002
1206+transferor or transferee shall complete a form, prescribed by the 1003
1207+Commissioner of Emergency Services and Public Protection, that 1004
1208+contains the name and address of the transferor, the name and address 1005
1209+of the transferee, the date and place of birth of such transferee, the 1006
1210+firearm permit or certificate number of the transferee, the firearm permit 1007
1211+or certificate number of the transferor, if any, the date of such sale, 1008
1212+delivery or transfer, the caliber, make, model and manufacturer's 1009
1213+number and a general description of such long gun and the 1010
1214+authorization number provided by the department. Not later than 1011
1215+twenty-four hours after such sale, delivery or transfer, the transferor 1012
1216+shall send by first class mail or electronically transfer one copy of such 1013
1217+form to the Commissioner of Emergency Services and Public Protection 1014
1218+and one copy to the chief of police of the municipality in which the 1015
1219+transferee resides or, where there is no chief of police, the chief executive 1016
1220+officer of the municipality, as defined in section 7-148, in which the 1017
1221+transferee resides or, if designated by such chief executive officer, the 1018
1222+resident state trooper serving such municipality or a state police officer 1019
1223+of the state police troop having jurisdiction over such municipality, and 1020
1224+shall retain one copy, for at least five years. 1021 Substitute Bill No. 6667
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1230+
1231+(g) [Prior to April 1, 2014, no sale, delivery or other transfer of any 1022
1232+long gun shall be made until the expiration of two weeks from the date 1023
1233+of the application, except that such waiting period shall not apply to any 1024
1234+federal marshal, parole officer or peace officer, or to the sale, delivery or 1025
1235+other transfer of (1) any long gun to a holder of a valid state permit to 1026
1236+carry a pistol or revolver issued under the provisions of section 29-28, a 1027
1237+valid eligibility certificate issued under the provisions of section 29-36f, 1028
1238+or a valid long gun eligibility certificate issued under the provisions of 1029
1239+section 29-37p, (2) any long gun to an active member of the armed forces 1030
1240+of the United States or of any reserve component thereof, (3) any long 1031
1241+gun to a holder of a valid hunting license issued pursuant to chapter 1032
1242+490, or (4) antique firearms. For the purposes of this subsection, "antique 1033
1243+firearm" means any firearm which was manufactured in or before 1898 1034
1244+and any replica of such firearm, provided such replica is not designed 1035
1245+or redesigned for using rimfire or conventional centerfire fixed 1036
1246+ammunition except rimfire or conventional centerfire fixed ammunition 1037
1247+which is no longer manufactured in the United States and not readily 1038
1248+available in the ordinary channel of commercial trade.] No person shall 1039
1249+complete the transfer of actual possession of any long gun for which an 1040
1250+authorization number is required under this section until the eleventh 1041
1251+calendar day or later after receipt of such authorization number. 1042
1252+(h) The provisions of subsections [(c) to (g)] (b) to (f), inclusive, of this 1043
1253+section shall not apply to the sale, delivery or transfer of (1) long guns 1044
1254+to (A) the Department of Emergency Services and Public Protection, 1045
1255+police departments, the Department of Correction, the Division of 1046
1256+Criminal Justice, the Department of Motor Vehicles, the Department of 1047
1257+Energy and Environmental Protection or the military or naval forces of 1048
1258+this state or of the United States, (B) a sworn and duly certified member 1049
1259+of an organized police department, the Division of State Police within 1050
1260+the Department of Emergency Services and Public Protection or the 1051
1261+Department of Correction, a chief inspector or inspector in the Division 1052
1262+of Criminal Justice, a salaried inspector of motor vehicles designated by 1053
1263+the Commissioner of Motor Vehicles, a conservation officer or special 1054
1264+conservation officer appointed by the Commissioner of Energy and 1055 Substitute Bill No. 6667
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1270+
1271+Environmental Protection pursuant to section 26-5, or a constable who 1056
1272+is certified by the Police Officer Standards and Training Council and 1057
1273+appointed by the chief executive authority of a town, city or borough to 1058
1274+perform criminal law enforcement duties, pursuant to a letter on the 1059
1275+letterhead of such department, division, commissioner or authority 1060
1276+authorizing the purchase and stating that the sworn member, inspector, 1061
1277+officer or constable will use the long gun in the discharge of official 1062
1278+duties, and that a records check indicates that the sworn member, 1063
1279+inspector, officer or constable has not been convicted of a crime of family 1064
1280+violence, for use by such sworn member, inspector, officer or constable 1065
1281+in the discharge of such sworn member's, inspector's, officer's or 1066
1282+constable's official duties or when off duty, (C) a member of the military 1067
1283+or naval forces of this state or of the United States, or (D) a nuclear 1068
1284+facility licensed by the United States Nuclear Regulatory Commission 1069
1285+for the purpose of providing security services at such facility, or any 1070
1286+contractor or subcontractor of such facility for the purpose of providing 1071
1287+security services at such facility; (2) long guns to or between federally 1072
1288+licensed firearm manufacturers, importers or dealers; (3) curios or relics, 1073
1289+as defined in 27 CFR 478.11, to or between federally licensed firearm 1074
1290+collectors; or (4) antique firearms. [, as defined in subsection (g) of this 1075
1291+section] For the purposes of this subsection, "antique firearm" means 1076
1292+any firearm which was manufactured in or before 1898 and any replica 1077
1293+of such firearm, provided such replica is not designed or redesigned for 1078
1294+using rimfire or conventional centerfire fixed ammunition except 1079
1295+rimfire or conventional centerfire fixed ammunition which is no longer 1080
1296+manufactured in the United States and not readily available in the 1081
1297+ordinary channel of commercial trade. 1082
1298+(i) If the court finds that a violation of this section is not of a serious 1083
1299+nature and that the person charged with such violation (1) will probably 1084
1300+not offend in the future, (2) has not previously been convicted of a 1085
1301+violation of this section, and (3) has not previously had a prosecution 1086
1302+under this section suspended pursuant to this subsection, it may order 1087
1303+suspension of prosecution. The court shall not order suspension of 1088
1304+prosecution unless the accused person has acknowledged that he 1089 Substitute Bill No. 6667
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1310+
1311+understands the consequences of the suspension of prosecution. Any 1090
1312+person for whom prosecution is suspended shall agree to the tolling of 1091
1313+any statute of limitations with respect to such violation and to a waiver 1092
1314+of his right to a speedy trial. Such person shall appear in court and shall 1093
1315+be released to the supervision of the Court Support Services Division for 1094
1316+such period, not exceeding two years, and under such conditions as the 1095
1317+court shall order. If the person refuses to accept, or, having accepted, 1096
1318+violates such conditions, the court shall terminate the suspension of 1097
1319+prosecution and the case shall be brought to trial. If such person 1098
1320+satisfactorily completes his period of probation, he may apply for 1099
1321+dismissal of the charges against him and the court, on finding such 1100
1322+satisfactory completion, shall dismiss such charges. If the person does 1101
1323+not apply for dismissal of the charges against him after satisfactorily 1102
1324+completing his period of probation, the court, upon receipt of a report 1103
1325+submitted by the Court Support Services Division that the person 1104
1326+satisfactorily completed his period of probation, may on its own motion 1105
1327+make a finding of such satisfactory completion and dismiss such 1106
1328+charges. Upon dismissal, all records of such charges shall be erased 1107
1329+pursuant to section 54-142a. An order of the court denying a motion to 1108
1330+dismiss the charges against a person who has completed his period of 1109
1331+probation or terminating the participation of a defendant in such 1110
1332+program shall be a final judgment for purposes of appeal. 1111
1333+(j) Any person who violates any provision of this section shall be 1112
1334+guilty of a class D felony, except that any person who sells, delivers or 1113
1335+otherwise transfers a long gun in violation of the provisions of this 1114
1336+section, knowing that such long gun is stolen or that the manufacturer's 1115
1337+number or other mark of identification on such long gun has been 1116
1338+altered, removed or obliterated, shall be guilty of a class B felony, and 1117
1339+any long gun found in the possession of any person in violation of any 1118
1340+provision of this section shall be forfeited. 1119
1341+Sec. 12. Section 29-37i of the general statutes is repealed and the 1120
1342+following is substituted in lieu thereof (Effective October 1, 2023): 1121
1343+No person shall store or keep any firearm, as defined in section 53a-1122 Substitute Bill No. 6667
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1349+
1350+3, as amended by this act, on any premises under such person's control 1123
1351+[if such person knows or reasonably should know that (1) a minor is 1124
1352+likely to gain access to the firearm without the permission of the parent 1125
1353+or guardian of the minor, (2) a resident of the premises is ineligible to 1126
1354+possess a firearm under state or federal law, (3) a resident of the 1127
1355+premises is subject to a risk protection order issued pursuant to section 1128
1356+29-38c, or (4) a resident of the premises poses a risk of imminent 1129
1357+personal injury to himself or herself or to another person,] unless such 1130
1358+person [(A)] (1) keeps the firearm in a securely locked box or other 1131
1359+container or in a manner which a reasonable person would believe to be 1132
1360+secure, or [(B)] (2) carries the firearm on his or her person or within such 1133
1361+close proximity thereto that such person can readily retrieve and use the 1134
1362+firearm as if such person carried the firearm on his or her person. [For 1135
1363+the purposes of this section, "minor" means any person under the age of 1136
1364+eighteen years.] 1137
1365+Sec. 13. Section 29-38b of the general statutes is repealed and the 1138
1366+following is substituted in lieu thereof (Effective October 1, 2023): 1139
1367+(a) The Commissioner of Emergency Services and Public Protection, 1140
1368+in fulfilling [his] the commissioner's obligations under sections 29-28 to 1141
1369+29-38, inclusive, as amended by this act, and section 53-202d, as 1142
1370+amended by this act, shall verify that any person who [, on or after 1143
1371+October 1, 1998,] applies for or seeks renewal of a [permit] state license 1144
1372+to sell firearms at retail, [a pistol or revolver,] a permit to carry a pistol 1145
1373+or revolver, an eligibility certificate for a pistol or revolver or a certificate 1146
1374+of possession for an assault weapon, or who [, on or after July 1, 2013,] 1147
1375+applies for or seeks renewal of a long gun eligibility certificate, has not 1148
1376+been confined in a hospital for persons with psychiatric disabilities, as 1149
1377+defined in section 17a-495, within the preceding sixty months by order 1150
1378+of a probate court or has not been voluntarily admitted to a hospital for 1151
1379+persons with psychiatric disabilities, as defined in section 17a-495, 1152
1380+within the preceding six months for care and treatment of a psychiatric 1153
1381+disability and not solely for being an alcohol-dependent person or a 1154
1382+drug-dependent person as those terms are defined in section 17a-680, by 1155 Substitute Bill No. 6667
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1388+
1389+making an inquiry to the Department of Mental Health and Addiction 1156
1390+Services in such a manner so as to only receive a report on the 1157
1391+commitment or admission status of the person with respect to whom the 1158
1392+inquiry is made including identifying information in accordance with 1159
1393+the provisions of subsection (b) of section 17a-500. 1160
1394+(b) If the Commissioner of Emergency Services and Public Protection 1161
1395+determines pursuant to subsection (a) of this section that a person has 1162
1396+been confined in a hospital for persons with psychiatric disabilities, as 1163
1397+defined in section 17a-495, within the preceding sixty months by order 1164
1398+of a probate court or has been voluntarily admitted to a hospital for 1165
1399+persons with psychiatric disabilities, as defined in section 17a-495, 1166
1400+within the preceding six months for care and treatment of a psychiatric 1167
1401+disability and not solely for being an alcohol-dependent person or a 1168
1402+drug-dependent person as those terms are defined in section 17a-680, 1169
1403+said commissioner shall report the status of such person's application 1170
1404+for or renewal of a [permit] state license to sell firearms at retail, [a pistol 1171
1405+or revolver,] a permit to carry a pistol or revolver, an eligibility 1172
1406+certificate for a pistol or revolver, a certificate of possession for an 1173
1407+assault weapon or a long gun eligibility certificate to the Commissioner 1174
1408+of Mental Health and Addiction Services for the purpose of fulfilling his 1175
1409+responsibilities under subsection (c) of section 17a-500. 1176
1410+Sec. 14. Section 29-38m of the general statutes is repealed and the 1177
1411+following is substituted in lieu thereof (Effective October 1, 2023): 1178
1412+(a) For the purposes of this section and sections 29-38n to 29-38p, 1179
1413+inclusive, "ammunition" means a loaded cartridge, consisting of a 1180
1414+primed case, propellant or projectile, designed for use in any firearm, 1181
1415+"firearm" has the meaning provided in section 53a-3, as amended by this 1182
1416+act, and "magazine" means any firearm magazine, belt, drum, feed strip 1183
1417+or similar device that accepts ammunition. 1184
1418+(b) No person, firm or corporation shall sell ammunition or an 1185
1419+ammunition magazine to any person under eighteen years of age. 1186 Substitute Bill No. 6667
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1425+
1426+(c) [On and after October 1, 2013, no] No person, firm or corporation 1187
1427+shall sell ammunition or an ammunition magazine to any person unless 1188
1428+such person holds a valid permit to carry a pistol or revolver issued 1189
1429+pursuant to subsection (b) of section 29-28, as amended by this act, a 1190
1430+valid local permit and state license to sell firearms at retail [a pistol or 1191
1431+revolver] issued pursuant to subsection (a) of section 29-28, as amended 1192
1432+by this act, a valid eligibility certificate for a pistol or revolver issued 1193
1433+pursuant to section 29-36f, as amended by this act, or a valid long gun 1194
1434+eligibility certificate issued pursuant to section 29-37p, as amended by 1195
1435+this act, and presents to the transferor such permit or certificate, or 1196
1436+unless such person holds a valid ammunition certificate issued pursuant 1197
1437+to section 29-38n and presents to the transferor such certificate and such 1198
1438+person's motor vehicle operator's license, passport or other valid form 1199
1439+of identification issued by the federal government or a state or 1200
1440+municipal government that contains such person's date of birth and 1201
1441+photograph. 1202
1442+(d) The provisions of [subsection] subsections (b) and (c) of this 1203
1443+section shall not apply to the sale of ammunition to (1) the Department 1204
1444+of Emergency Services and Public Protection, police departments, the 1205
1445+Department of Correction, the Division of Criminal Justice, the 1206
1446+Department of Motor Vehicles, the Department of Energy and 1207
1447+Environmental Protection or the military or naval forces of this state or 1208
1448+of the United States; (2) a sworn and duly certified member of an 1209
1449+organized police department, the Division of State Police within the 1210
1450+Department of Emergency Services and Public Protection or the 1211
1451+Department of Correction, a chief inspector or inspector in the Division 1212
1452+of Criminal Justice, a salaried inspector of motor vehicles designated by 1213
1453+the Commissioner of Motor Vehicles, a conservation officer or special 1214
1454+conservation officer appointed by the Commissioner of Energy and 1215
1455+Environmental Protection pursuant to section 26-5, or a constable who 1216
1456+is certified by the Police Officer Standards and Training Council and 1217
1457+appointed by the chief executive authority of a town, city or borough to 1218
1458+perform criminal law enforcement duties, for use by such sworn 1219
1459+member, inspector, officer or constable in the discharge of such sworn 1220 Substitute Bill No. 6667
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1465+
1466+member's, inspector's, officer's or constable's official duties or when off 1221
1467+duty; (3) a member of the military or naval forces of this state or of the 1222
1468+United States; (4) a nuclear facility licensed by the United States Nuclear 1223
1469+Regulatory Commission for the purpose of providing security services 1224
1470+at such facility, or any contractor or subcontractor of such facility for the 1225
1471+purpose of providing security services at such facility; or (5) a federally 1226
1472+licensed firearm manufacturer, importer, dealer or collector. 1227
1473+(e) Any person who violates any provision of this section shall be 1228
1474+guilty of a class D felony. 1229
1475+Sec. 15. Subsections (d) to (f), inclusive, of section 53-202f of the 1230
1476+general statutes are repealed and the following is substituted in lieu 1231
1477+thereof (Effective from passage): 1232
1478+(d) (1) Not later than December 31, 2013, any person who lawfully 1233
1479+possessed an assault weapon described in any provision of 1234
1480+subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, 1235
1481+as amended by this act, on April 4, 2013, which was lawful under the 1236
1482+provisions of sections 53-202a to 53-202k, inclusive, as amended by this 1237
1483+act, in effect on January 1, 2013, may transfer possession of the assault 1238
1484+weapon to a licensed gun dealer within or outside of this state for sale 1239
1485+outside of this state, and may transport the assault weapon to such 1240
1486+dealer for the purpose of making such transfer, without obtaining a 1241
1487+certificate of possession under section 53-202d, as amended by this act. 1242
1488+(2) Not later than December 31, 2023, any person who lawfully 1243
1489+possessed a 2023 assault weapon on the date immediately preceding the 1244
1490+effective date of this section, which was lawful under the provisions of 1245
1491+sections 53-202a to 53-202k, inclusive, as amended by this act, in effect 1246
1492+on January 1, 2023, may transfer possession of the 2023 assault weapon 1247
1493+to a licensed gun dealer within or outside of this state for sale outside of 1248
1494+this state, and may transport the 2023 assault weapon to such dealer for 1249
1495+the purpose of making such transfer, without obtaining a certificate of 1250
1496+possession under section 53-202d, as amended by this act. 1251 Substitute Bill No. 6667
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1501+40 of 93
1502+
1503+(e) (1) Not later than October 1, 2013, any licensed gun dealer, 1252
1504+pawnbroker licensed under section 21-40, or consignment shop 1253
1505+operator, as defined in section 21-39a, may transfer possession of an 1254
1506+assault weapon to any person who [(1)] (A) legally possessed the assault 1255
1507+weapon prior to or on April 4, 2013, [(2)] (B) placed the assault weapon 1256
1508+in the possession of such dealer, pawnbroker or operator prior to or on 1257
1509+April 4, 2013, pursuant to an agreement between such person and such 1258
1510+dealer, pawnbroker or operator for the sale of the assault weapon to a 1259
1511+third person, and [(3)] (C) is eligible to possess a firearm on the date of 1260
1512+such transfer. 1261
1513+(2) Not later than October 1, 2023, any licensed gun dealer, 1262
1514+pawnbroker licensed under section 21-40, or consignment shop 1263
1515+operator, as defined in section 21-39a, may transfer possession of a 2023 1264
1516+assault weapon to any person who (A) legally possessed the 2023 assault 1265
1517+weapon prior to the effective date of this section, (B) placed the 2023 1266
1518+assault weapon in the possession of such dealer, pawnbroker or 1267
1519+operator prior to the effective date of this section, pursuant to an 1268
1520+agreement between such person and such dealer, pawnbroker or 1269
1521+operator for the sale of the assault weapon to a third person, and (C) is 1270
1522+eligible to possess a firearm on the date of such transfer. 1271
1523+(f) The term "licensed gun dealer", as used in sections 53-202a to 53-1272
1524+202k, inclusive, as amended by this act, means a person who has a 1273
1525+federal firearms license, and (1) prior to October 1, 2023, a permit to sell 1274
1526+firearms pursuant to section 29-28, as amended by this act, or (2) on or 1275
1527+after October 1, 2023, a local permit and state license to sell firearms at 1276
1528+retail pursuant to section 29-28, as amended by this act. 1277
1529+Sec. 16. Subsection (a) of section 53-202w of the general statutes is 1278
1530+repealed and the following is substituted in lieu thereof (Effective October 1279
1531+1, 2023): 1280
1532+(a) As used in this section and section 53-202x, as amended by this 1281
1533+act: 1282 Substitute Bill No. 6667
1534+
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1538+41 of 93
1539+
1540+(1) "Large capacity magazine" means any firearm magazine, belt, 1283
1541+drum, feed strip or similar device that has the capacity of, or can be 1284
1542+readily restored or converted to accept, more than ten rounds of 1285
1543+ammunition, but does not include: (A) A feeding device that has been 1286
1544+permanently altered so that it cannot accommodate more than ten 1287
1545+rounds of ammunition, (B) a .22 caliber tube ammunition feeding 1288
1546+device, (C) a tubular magazine that is contained in a lever-action 1289
1547+firearm, or (D) a magazine that is permanently inoperable; 1290
1548+(2) "Lawfully possesses", with respect to a large capacity magazine, 1291
1549+means that a person has (A) actual and lawful possession of the large 1292
1550+capacity magazine, (B) constructive possession of the large capacity 1293
1551+magazine pursuant to a lawful purchase of a firearm that contains a 1294
1552+large capacity magazine that was transacted prior to or on April 4, 2013, 1295
1553+regardless of whether the firearm was delivered to the purchaser prior 1296
1554+to or on April 4, 2013, which lawful purchase is evidenced by a writing 1297
1555+sufficient to indicate that (i) a contract for sale was made between the 1298
1556+parties prior to or on April 4, 2013, for the purchase of the firearm, or (ii) 1299
1557+full or partial payment for the firearm was made by the purchaser to the 1300
1558+seller of the firearm prior to or on April 4, 2013, or (C) actual possession 1301
1559+under subparagraph (A) of this subdivision, or constructive possession 1302
1560+under subparagraph (B) of this subdivision, as evidenced by a written 1303
1561+statement made under penalty of false statement on such form as the 1304
1562+Commissioner of Emergency Services and Public Protection prescribes; 1305
1563+and 1306
1564+(3) "Licensed gun dealer" means a person who has a federal firearms 1307
1565+license and a local permit and state license to sell firearms pursuant to 1308
1566+section 29-28, as amended by this act. 1309
1567+Sec. 17. Subsection (e) of section 53-202x of the general statutes is 1310
1568+repealed and the following is substituted in lieu thereof (Effective October 1311
1569+1, 2023): 1312
1570+(e) (1) If an owner of a large capacity magazine transfers the large 1313
1571+capacity magazine to a licensed gun dealer, such dealer shall, at the time 1314 Substitute Bill No. 6667
1572+
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1576+42 of 93
1577+
1578+of delivery of the large capacity magazine, execute a certificate of 1315
1579+transfer. For any transfer prior to January 1, 2014, the dealer shall 1316
1580+provide to the Commissioner of Emergency Services and Public 1317
1581+Protection monthly reports, on such form as the commissioner 1318
1582+prescribes, regarding the number of transfers that the dealer has 1319
1583+accepted. For any transfer on or after January 1, 2014, the dealer shall 1320
1584+cause the certificate of transfer to be mailed or delivered to the 1321
1585+Commissioner of Emergency Services and Public Protection. The 1322
1586+certificate of transfer shall contain: (A) The date of sale or transfer; (B) 1323
1587+the name and address of the seller or transferor and the licensed gun 1324
1588+dealer, and their Social Security numbers or motor vehicle operator 1325
1589+license numbers, if applicable; (C) the licensed gun dealer's federal 1326
1590+firearms license number; and (D) a description of the large capacity 1327
1591+magazine. 1328
1592+(2) The licensed gun dealer shall present such dealer's federal 1329
1593+firearms license and seller's local permit and state license to the seller or 1330
1594+transferor for inspection at the time of purchase or transfer. 1331
1595+(3) The Commissioner of Emergency Services and Public Protection 1332
1596+shall maintain a file of all certificates of transfer at the commissioner's 1333
1597+central office. 1334
1598+Sec. 18. Subsection (b) of section 54-36e of the general statutes is 1335
1599+repealed and the following is substituted in lieu thereof (Effective October 1336
1600+1, 2023): 1337
1601+(b) Firearms and ammunition turned over to the state police pursuant 1338
1602+to subsection (a) of this section which are not destroyed or retained for 1339
1603+appropriate use shall be sold at public auctions, conducted by the 1340
1604+Commissioner of Administrative Services or said commissioner's 1341
1605+designee. Pistols and revolvers, as defined in section 53a-3, as amended 1342
1606+by this act, which are antiques, as defined in section 29-33, as amended 1343
1607+by this act, or curios or relics, as defined in the Code of Federal 1344
1608+Regulations, Title 27, Chapter 1, Part 178, or modern pistols and 1345
1609+revolvers which have a current retail value of one hundred dollars or 1346 Substitute Bill No. 6667
1610+
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1614+43 of 93
1615+
1616+more may be sold at such public auctions, provided such pistols and 1347
1617+revolvers shall be sold only to persons who have a valid local permit 1348
1618+and state license to sell [a pistol or revolver] firearms at retail, or a valid 1349
1619+permit to carry a pistol or revolver, issued pursuant to section 29-28, as 1350
1620+amended by this act. Rifles and shotguns, as defined in section 53a-3, as 1351
1621+amended by this act, shall be sold only to persons qualified under 1352
1622+federal law to purchase such rifles and shotguns and who have a valid 1353
1623+long gun eligibility certificate issued pursuant to section 29-37p, as 1354
1624+amended by this act. The proceeds of any such sale shall be paid to the 1355
1625+State Treasurer and deposited by the State Treasurer in the forfeit 1356
1626+firearms account within the General Fund. 1357
1627+Sec. 19. Subsection (e) of section 53-202l of the general statutes is 1358
1628+repealed and the following is substituted in lieu thereof (Effective from 1359
1629+passage): 1360
1630+(e) If the court finds that a violation of this section is not of a serious 1361
1631+nature and that the person charged with such violation (1) will probably 1362
1632+not offend in the future, (2) has not previously been convicted of a 1363
1633+violation of this section, and (3) has not previously had a prosecution 1364
1634+under this section suspended pursuant to this subsection, it may order 1365
1635+suspension of prosecution in accordance with the provisions of 1366
1636+subsection [(h)] (i) of section 29-33, as amended by this act. 1367
1637+Sec. 20. Subsection (g) of section 53-202w of the general statutes is 1368
1638+repealed and the following is substituted in lieu thereof (Effective from 1369
1639+passage): 1370
1640+(g) If the court finds that a violation of this section is not of a serious 1371
1641+nature and that the person charged with such violation (1) will probably 1372
1642+not offend in the future, (2) has not previously been convicted of a 1373
1643+violation of this section, and (3) has not previously had a prosecution 1374
1644+under this section suspended pursuant to this subsection, it may order 1375
1645+suspension of prosecution in accordance with the provisions of 1376
1646+subsection [(h)] (i) of section 29-33, as amended by this act. 1377 Substitute Bill No. 6667
1647+
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1651+44 of 93
1652+
1653+Sec. 21. Subsection (f) of section 53-206g of the general statutes is 1378
1654+repealed and the following is substituted in lieu thereof (Effective from 1379
1655+passage): 1380
1656+(f) If the court finds that a violation of this section is not of a serious 1381
1657+nature and that the person charged with such violation (1) will probably 1382
1658+not offend in the future, (2) has not previously been convicted of a 1383
1659+violation of this section, and (3) has not previously had a prosecution 1384
1660+under this section suspended pursuant to this subsection, it may order 1385
1661+suspension of prosecution in accordance with the provisions of 1386
1662+subsection [(h)] (i) of section 29-33, as amended by this act. 1387
1663+Sec. 22. Section 53a-217a of the general statutes is repealed and the 1388
1664+following is substituted in lieu thereof (Effective October 1, 2023): 1389
1665+(a) A person is guilty of criminally negligent storage of a firearm 1390
1666+when such person violates the provisions of section 29-37i, as amended 1391
1667+by this act. [and a minor or, a resident of the premises who is ineligible 1392
1668+to possess a firearm under state or federal law or who poses a risk of 1393
1669+imminent personal injury to himself or herself or to other individuals, 1394
1670+obtains the firearm and causes the injury or death of such minor, 1395
1671+resident or any other person. For the purposes of this section, "minor" 1396
1672+means any person under the age of eighteen years. 1397
1673+(b) The provisions of this section shall not apply if the minor obtains 1398
1674+the firearm as a result of an unlawful entry to any premises by any 1399
1675+person.] 1400
1676+[(c)] (b) Criminally negligent storage of a firearm is a class D felony. 1401
1677+Sec. 23. Section 54-66a of the general statutes is repealed and the 1402
1678+following is substituted in lieu thereof (Effective from passage): 1403
1679+Any bail bond posted in any criminal proceeding in this state shall be 1404
1680+automatically terminated and released whenever the defendant: (1) Is 1405
1681+granted accelerated rehabilitation pursuant to section 54-56e; (2) is 1406
1682+granted admission to the pretrial alcohol education program pursuant 1407 Substitute Bill No. 6667
1683+
1684+
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1687+45 of 93
1688+
1689+to section 54-56g; (3) is granted admission to the pretrial family violence 1408
1690+education program pursuant to section 46b-38c; (4) is granted admission 1409
1691+to the pretrial drug education and community service program 1410
1692+pursuant to section 54-56i; (5) has the complaint or information filed 1411
1693+against such defendant dismissed; (6) has the prosecution of the 1412
1694+complaint or information filed against such defendant terminated by 1413
1695+entry of a nolle prosequi; (7) is acquitted; (8) is sentenced by the court 1414
1696+and a stay of such sentence, if any, is lifted; (9) is granted admission to 1415
1697+the pretrial school violence prevention program pursuant to section 54-1416
1698+56j; (10) is charged with a violation of section 29-33, as amended by this 1417
1699+act, 53-202l or 53-202w, as amended by this act, and prosecution has 1418
1700+been suspended pursuant to subsection [(h)] (i) of section 29-33, as 1419
1701+amended by this act; (11) is charged with a violation of section 29-37a, 1420
1702+as amended by this act, and prosecution has been suspended pursuant 1421
1703+to subsection (i) of section 29-37a, as amended by this act; (12) is granted 1422
1704+admission to the supervised diversionary program for persons with 1423
1705+psychiatric disabilities, or persons who are veterans, pursuant to section 1424
1706+54-56l; (13) is granted admission to a diversionary program for young 1425
1707+persons charged with a motor vehicle violation or an alcohol-related 1426
1708+offense pursuant to section 54-56p; (14) is granted admission to the 1427
1709+pretrial drug intervention and community service program pursuant to 1428
1710+section 54-56q; or (15) is granted admission to the pretrial impaired 1429
1711+driving intervention program pursuant to section 54-56r. 1430
1712+Sec. 24. Subdivision (8) of section 54-280 of the general statutes is 1431
1713+repealed and the following is substituted in lieu thereof (Effective from 1432
1714+passage): 1433
1715+(8) "Offense committed with a deadly weapon" or "offense" means: 1434
1716+(A) A violation of subsection (c) of section 2-1e, subsection (e) of section 1435
1717+29-28, subsections (a) to (e), inclusive, or [(i)] (j) of section 29-33, as 1436
1718+amended by this act, section 29-34, subsection (a) of section 29-35, as 1437
1719+amended by this act, section 29-36, 29-36k, 29-37a, as amended by this 1438
1720+act, or 29-37e, subsection (c) of section 29-37g, section 29-37j, subsection 1439
1721+(b), (c) or (g) of section 53-202, section 53-202b, 53-202c, as amended by 1440 Substitute Bill No. 6667
1722+
1723+
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1726+46 of 93
1727+
1728+this act, 53-202j, 53-202k, 53-202l, as amended by this act, 53-202aa or 53-1441
1729+206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a, 1442
1730+53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212, 1443
1731+53a-216, 53a-217, 53a-217a, as amended by this act, 53a-217b or 53a-217c, 1444
1732+as amended by this act, or a second or subsequent violation of section 1445
1733+53-202g; or (B) a violation of any section of the general statutes which 1446
1734+constitutes a felony, as defined in section 53a-25, provided the court 1447
1735+makes a finding that, at the time of the offense, the offender used a 1448
1736+deadly weapon, or was armed with and threatened the use of or 1449
1737+displayed or represented by words or conduct that the offender 1450
1738+possessed a deadly weapon; 1451
1739+Sec. 25. Section 53-202a of the general statutes is repealed and the 1452
1740+following is substituted in lieu thereof (Effective from passage): 1453
1741+As used in this section and sections 53-202b to 53-202k, inclusive: 1454
1742+(1) "Assault weapon" means: 1455
1743+(A) (i) Any selective-fire firearm capable of fully automatic, 1456
1744+semiautomatic or burst fire at the option of the user or any of the 1457
1745+following specified semiautomatic firearms: Algimec Agmi; Armalite 1458
1746+AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance 1459
1747+Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty 1460
1748+model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; 1461
1749+Calico models M-900, M-950 and 100-P; Chartered Industries of 1462
1750+Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and 1463
1751+Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, 1464
1752+FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; 1465
1753+Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR 1466
1754+and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; 1467
1755+Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-1468
1756+10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; 1469
1757+Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock 1470
1758+model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto 1471
1759+Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; 1472 Substitute Bill No. 6667
1760+
1761+
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1764+47 of 93
1765+
1766+Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 1473
1767+revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and 1474
1768+Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol; 1475
1769+(ii) A part or combination of parts designed or intended to convert a 1476
1770+firearm into an assault weapon, as defined in subparagraph (A)(i) of this 1477
1771+subdivision, or any combination of parts from which an assault weapon, 1478
1772+as defined in subparagraph (A)(i) of this subdivision, may be rapidly 1479
1773+assembled if those parts are in the possession or under the control of the 1480
1774+same person; 1481
1775+(B) Any of the following specified semiautomatic centerfire rifles, or 1482
1776+copies or duplicates thereof with the capability of any such rifles, that 1483
1777+were in production prior to or on April 4, 2013: (i) AK-47; (ii) AK-74; (iii) 1484
1778+AKM; (iv) AKS-74U; (v) ARM; (vi) MAADI AK47; (vii) MAK90; (viii) 1485
1779+MISR; (ix) NHM90 and NHM91; (x) Norinco 56, 56S, 84S and 86S; (xi) 1486
1780+Poly Technologies AKS and AK47; (xii) SA 85; (xiii) SA 93; (xiv) VEPR; 1487
1781+(xv) WASR-10; (xvi) WUM; (xvii) Rock River Arms LAR-47; (xviii) 1488
1782+Vector Arms AK-47; (xix) AR-10; (xx) AR-15; (xxi) Bushmaster Carbon 1489
1783+15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster MOE Rifles; 1490
1784+(xxii) Colt Match Target Rifles; (xxiii) Armalite M15; (xxiv) Olympic 1491
1785+Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles; 1492
1786+(xxv) DPMS Tactical Rifles; (xxvi) Smith and Wesson M&P15 Rifles; 1493
1787+(xxvii) Rock River Arms LAR-15; (xxviii) Doublestar AR Rifles; (xxix) 1494
1788+Barrett REC7; (xxx) Beretta Storm; (xxxi) Calico Liberty 50, 50 Tactical, 1495
1789+100, 100 Tactical, I, I Tactical, II and II Tactical Rifles; (xxxii) Hi-Point 1496
1790+Carbine Rifles; (xxxiii) HK-PSG-1; (xxxiv) Kel-Tec Sub-2000, SU Rifles, 1497
1791+and RFB; (xxxv) Remington Tactical Rifle Model 7615; (xxxvi) SAR-8, 1498
1792+SAR-4800 and SR9; (xxxvii) SLG 95; (xxxviii) SLR 95 or 96; (xxxix) TNW 1499
1793+M230 and M2HB; (xl) Vector Arms UZI; (xli) Galil and Galil Sporter; 1500
1794+(xlii) Daewoo AR 100 and AR 110C; (xliii) Fabrique Nationale/FN 308 1501
1795+Match and L1A1 Sporter; (xliv) HK USC; (xlv) IZHMASH Saiga AK; 1502
1796+(xlvi) SIG Sauer 551-A1, 556, 516, 716 and M400 Rifles; (xlvii) Valmet 1503
1797+M62S, M71S and M78S; (xlviii) Wilkinson Arms Linda Carbine; and 1504
1798+(xlix) Barrett M107A1; 1505 Substitute Bill No. 6667
1799+
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1803+48 of 93
1804+
1805+(C) Any of the following specified semiautomatic pistols, or copies or 1506
1806+duplicates thereof with the capability of any such pistols, that were in 1507
1807+production prior to or on April 4, 2013: (i) Centurion 39 AK; (ii) Draco 1508
1808+AK-47; (iii) HCR AK-47; (iv) IO Inc. Hellpup AK-47; (v) Mini-Draco AK-1509
1809+47; (vi) Yugo Krebs Krink; (vii) American Spirit AR-15; (viii) Bushmaster 1510
1810+Carbon 15; (ix) Doublestar Corporation AR; (x) DPMS AR-15; (xi) 1511
1811+Olympic Arms AR-15; (xii) Rock River Arms LAR 15; (xiii) Calico 1512
1812+Liberty III and III Tactical Pistols; (xiv) Masterpiece Arms MPA Pistols 1513
1813+and Velocity Arms VMA Pistols; (xv) Intratec TEC-DC9 and AB-10; (xvi) 1514
1814+Colefire Magnum; (xvii) German Sport 522 PK and Chiappa Firearms 1515
1815+Mfour-22; (xviii) DSA SA58 PKP FAL; (xix) I.O. Inc. PPS-43C; (xx) Kel-1516
1816+Tec PLR-16 Pistol; (xxi) Sig Sauer P516 and P556 Pistols; and (xxii) 1517
1817+Thompson TA5 Pistols; 1518
1818+(D) Any of the following semiautomatic shotguns, or copies or 1519
1819+duplicates thereof with the capability of any such shotguns, that were in 1520
1820+production prior to or on April 4, 2013: All IZHMASH Saiga 12 1521
1821+Shotguns; 1522
1822+(E) Any semiautomatic firearm regardless of whether such firearm is 1523
1823+listed in subparagraphs (A) to (D), inclusive, of this subdivision, and 1524
1824+regardless of the date such firearm was produced, that meets the 1525
1825+following criteria: 1526
1826+(i) A semiautomatic, centerfire rifle that has an ability to accept a 1527
1827+detachable magazine and has at least one of the following: 1528
1828+(I) A folding or telescoping stock; 1529
1829+(II) Any grip of the weapon, including a pistol grip, a thumbhole 1530
1830+stock, or any other stock, the use of which would allow an individual to 1531
1831+grip the weapon, resulting in any finger on the trigger hand in addition 1532
1832+to the trigger finger being directly below any portion of the action of the 1533
1833+weapon when firing; 1534
1834+(III) A forward pistol grip; 1535 Substitute Bill No. 6667
1835+
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1839+49 of 93
1840+
1841+(IV) A flash suppressor; or 1536
1842+(V) A grenade launcher or flare launcher; or 1537
1843+(ii) A semiautomatic, centerfire rifle that has a fixed magazine with 1538
1844+the ability to accept more than ten rounds; or 1539
1845+(iii) A semiautomatic, centerfire rifle that has an overall length of less 1540
1846+than thirty inches; or 1541
1847+(iv) A semiautomatic pistol that has an ability to accept a detachable 1542
1848+magazine and has at least one of the following: 1543
1849+(I) An ability to accept a detachable ammunition magazine that 1544
1850+attaches at some location outside of the pistol grip; 1545
1851+(II) A threaded barrel capable of accepting a flash suppressor, 1546
1852+forward pistol grip or silencer; 1547
1853+(III) A shroud that is attached to, or partially or completely encircles, 1548
1854+the barrel and that permits the shooter to fire the firearm without being 1549
1855+burned, except a slide that encloses the barrel; or 1550
1856+(IV) A second hand grip; or 1551
1857+(v) A semiautomatic pistol with a fixed magazine that has the ability 1552
1858+to accept more than ten rounds; or 1553
1859+(vi) A semiautomatic shotgun that has both of the following: 1554
1860+(I) A folding or telescoping stock; and 1555
1861+(II) Any grip of the weapon, including a pistol grip, a thumbhole 1556
1862+stock, or any other stock, the use of which would allow an individual to 1557
1863+grip the weapon, resulting in any finger on the trigger hand in addition 1558
1864+to the trigger finger being directly below any portion of the action of the 1559
1865+weapon when firing; or 1560
1866+(vii) A semiautomatic shotgun that has the ability to accept a 1561 Substitute Bill No. 6667
1867+
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1871+50 of 93
1872+
1873+detachable magazine; or 1562
1874+(viii) A shotgun with a revolving cylinder; or 1563
1875+(ix) Any semiautomatic firearm that meets the criteria set forth in 1564
1876+subdivision (3) or (4) of subsection (a) of section 53-202a of the general 1565
1877+statutes, revision of 1958, revised to January 1, 2013; or 1566
1878+(F) A part or combination of parts designed or intended to convert a 1567
1879+firearm into an assault weapon, as defined in any provision of 1568
1880+subparagraphs (B) to (E), inclusive, of this subdivision, or any 1569
1881+combination of parts from which an assault weapon, as defined in any 1570
1882+provision of subparagraphs (B) to (E), inclusive, of this subdivision, may 1571
1883+be assembled if those parts are in the possession or under the control of 1572
1884+the same person; 1573
1885+(G) Any semiautomatic firearm regardless of whether such firearm is 1574
1886+listed in subparagraphs (A) to (D), inclusive, of this subdivision, and 1575
1887+regardless of the date such firearm was produced, that meets the 1576
1888+following criteria: 1577
1889+(i) A semiautomatic firearm, other than a pistol, revolver, rifle or 1578
1890+shotgun, that has at least one of the following: 1579
1891+(I) Any grip of the weapon, including a pistol grip, a thumbhole stock 1580
1892+or any other stock, the use of which would allow an individual to grip 1581
1893+the weapon, resulting in any finger on the trigger hand in addition to 1582
1894+the trigger finger being directly below any portion of the action of the 1583
1895+weapon when firing; 1584
1896+(II) An ability to accept a detachable ammunition magazine that 1585
1897+attaches at some location outside of the pistol grip; 1586
1898+(III) A fixed magazine with the ability to accept more than ten rounds; 1587
1899+(IV) A flash suppressor or silencer, or a threaded barrel capable of 1588
1900+accepting a flash suppressor or silencer; 1589 Substitute Bill No. 6667
1901+
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1905+51 of 93
1906+
1907+(V) A shroud that is attached to, or partially or completely encircles, 1590
1908+the barrel and that permits the shooter to fire the firearm without being 1591
1909+burned, except a slide that encloses the barrel; 1592
1910+(VI) A second hand grip; or 1593
1911+(VII) An arm brace or other stabilizing brace that could allow such 1594
1912+firearm to be fired from the shoulder, with or without a strap designed 1595
1913+to attach to an individual's arm; 1596
1914+(ii) A semiautomatic, rimfire rifle that has an ability to accept a 1597
1915+detachable magazine and has at least one of the following: 1598
1916+(I) A folding or telescoping stock; 1599
1917+(II) Any grip of the weapon, including a pistol grip, a thumbhole 1600
1918+stock, or any other stock, the use of which would allow an individual to 1601
1919+grip the weapon, resulting in any finger on the trigger hand in addition 1602
1920+to the trigger finger being directly below any portion of the action of the 1603
1921+weapon when firing; 1604
1922+(III) A forward pistol grip; 1605
1923+(IV) A flash suppressor; or 1606
1924+(V) A grenade launcher or flare launcher; 1607
1925+(H) Any semiautomatic firearm that meets the criteria set forth in 1608
1926+subdivision (3) or (4) of subsection (a) of section 53-202a of the general 1609
1927+statutes, revision of 1958, revised to January 1, 2013, that was legally 1610
1928+manufactured prior to September 13, 1994; or 1611
1929+(I) A part or combination of parts designed or intended to convert a 1612
1930+firearm into an assault weapon, as defined in any provision of 1613
1931+subparagraph (G) or (H) of this subdivision, or any combination of parts 1614
1932+from which an assault weapon, as defined in any provision of 1615
1933+subparagraph (G) or (H) of this subdivision, may be assembled if those 1616
1934+parts are in the possession or under the control of the same person; 1617 Substitute Bill No. 6667
1935+
1936+
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1939+52 of 93
1940+
1941+(2) "Assault weapon" does not include (A) any firearm modified to 1618
1942+render it permanently inoperable, or (B) a part or any combination of 1619
1943+parts of an assault weapon, that are not assembled as an assault weapon, 1620
1944+when in the possession of a licensed gun dealer, as defined in subsection 1621
1945+(f) of section 53-202f, as amended by this act, or a gunsmith who is in 1622
1946+the licensed gun dealer's employ, for the purposes of servicing or 1623
1947+repairing lawfully possessed assault weapons under sections 53-202a to 1624
1948+53-202k, inclusive, as amended by this act; 1625
1949+(3) "Action of the weapon" means the part of the firearm that loads, 1626
1950+fires and ejects a cartridge, which part includes, but is not limited to, the 1627
1951+upper and lower receiver, charging handle, forward assist, magazine 1628
1952+release and shell deflector; 1629
1953+(4) "Detachable magazine" means an ammunition feeding device that 1630
1954+can be removed without disassembling the firearm action; 1631
1955+(5) "Firearm" means a firearm, as defined in section 53a-3, as amended 1632
1956+by this act; 1633
1957+(6) "Forward pistol grip" means any feature capable of functioning as 1634
1958+a grip that can be held by the nontrigger hand; 1635
1959+(7) "Lawfully possesses" means [, with] 1636
1960+(A) With respect to an assault weapon described in any provision of 1637
1961+subparagraphs (B) to (F), inclusive, of [this] subdivision (1) of this 1638
1962+section, [(A)] (i) actual possession that is lawful under sections 53-202b 1639
1963+to 53-202k, [(B)] (ii) constructive possession pursuant to a lawful 1640
1964+purchase transacted prior to or on April 4, 2013, regardless of whether 1641
1965+the assault weapon was delivered to the purchaser prior to or on April 1642
1966+4, 2013, which lawful purchase is evidenced by a writing sufficient to 1643
1967+indicate that [(i)] (I) a contract for sale was made between the parties 1644
1968+prior to or on April 4, 2013, for the purchase of the assault weapon, or 1645
1969+[(ii)] (II) full or partial payment for the assault weapon was made by the 1646
1970+purchaser to the seller of the assault weapon prior to or on April 4, 2013, 1647
1971+or [(C)] (iii) actual possession under subparagraph [(A)] (A)(i) of this 1648 Substitute Bill No. 6667
1972+
1973+
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1976+53 of 93
1977+
1978+subdivision, or constructive possession under subparagraph [(B)] (A)(ii) 1649
1979+of this subdivision, as evidenced by a written statement made under 1650
1980+penalty of false statement on such form as the Commissioner of 1651
1981+Emergency Services and Public Protection prescribes; or 1652
1982+(B) With respect to a 2023 assault weapon, (i) actual possession that 1653
1983+is lawful under sections 53-202b to 53-202k, inclusive, (ii) constructive 1654
1984+possession pursuant to a lawful purchase transacted prior to the 1655
1985+effective date of this section, regardless of whether such assault weapon 1656
1986+was delivered to the purchaser prior to the effective date of this section, 1657
1987+which lawful purchase is evidenced by a writing sufficient to indicate 1658
1988+that (I) a contract for sale was made between the parties prior to the 1659
1989+effective date of this section, for the purchase of such assault weapon, or 1660
1990+(II) full or partial payment for such assault weapon was made by the 1661
1991+purchaser to the seller of such assault weapon prior to the effective date 1662
1992+of this section, or (iii) actual possession under subparagraph (B)(i) of this 1663
1993+subdivision, or constructive possession under subparagraph (B)(ii) of 1664
1994+this subdivision, as evidenced by a written statement made under 1665
1995+penalty of false statement on such form as the Commissioner of 1666
1996+Emergency Services and Public Protection prescribes; 1667
1997+(8) "Pistol grip" means a grip or similar feature that can function as a 1668
1998+grip for the trigger hand; [and] 1669
1999+(9) "Second hand grip" means a grip or similar feature that can 1670
2000+function as a grip that is additional to the trigger hand grip; and 1671
2001+(10) "2023 assault weapon" means an assault weapon described in any 1672
2002+provision of subparagraphs (G) to (I), inclusive, of subdivision (1) of this 1673
2003+section. 1674
2004+Sec. 26. Section 53-202c of the general statutes is repealed and the 1675
2005+following is substituted in lieu thereof (Effective from passage): 1676
2006+(a) Except as provided in section 53-202e, any person who, within this 1677
2007+state, possesses an assault weapon, except as provided in sections 53-1678
2008+202a to 53-202k, inclusive, as amended by this act, and 53-202o, shall be 1679 Substitute Bill No. 6667
2009+
2010+
2011+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2013+54 of 93
2014+
2015+guilty of a class D felony and shall be sentenced to a term of 1680
2016+imprisonment of which one year may not be suspended or reduced by 1681
2017+the court, except that a first-time violation of this subsection shall be a 1682
2018+class A misdemeanor if (1) the person presents proof that such person 1683
2019+lawfully possessed the assault weapon (A) prior to October 1, 1993, with 1684
2020+respect to an assault weapon described in subparagraph (A) of 1685
2021+subdivision (1) of section 53-202a, as amended by this act, or (B) on April 1686
2022+4, 2013, under the provisions of sections 53-202a to 53-202k, inclusive, as 1687
2023+amended by this act, in effect on January 1, 2013, with respect to an 1688
2024+assault weapon described in any provision of subparagraphs (B) to (F), 1689
2025+inclusive, of subdivision (1) of section 53-202a, as amended by this act, 1690
2026+and (2) the person has otherwise possessed the assault weapon in 1691
2027+compliance with subsection (f) of section 53-202d. 1692
2028+(b) The provisions of subsection (a) of this section shall not apply to 1693
2029+the possession of assault weapons by: (1) The Department of Emergency 1694
2030+Services and Public Protection, police departments, the Department of 1695
2031+Correction, the Division of Criminal Justice, the Department of Motor 1696
2032+Vehicles, the Department of Energy and Environmental Protection or 1697
2033+the military or naval forces of this state or of the United States, (2) a 1698
2034+sworn and duly certified member of an organized police department, 1699
2035+the Division of State Police within the Department of Emergency 1700
2036+Services and Public Protection or the Department of Correction, a chief 1701
2037+inspector or inspector in the Division of Criminal Justice, a salaried 1702
2038+inspector of motor vehicles designated by the Commissioner of Motor 1703
2039+Vehicles, a conservation officer or special conservation officer appointed 1704
2040+by the Commissioner of Energy and Environmental Protection pursuant 1705
2041+to section 26-5, or a constable who is certified by the Police Officer 1706
2042+Standards and Training Council and appointed by the chief executive 1707
2043+authority of a town, city or borough to perform criminal law 1708
2044+enforcement duties, for use by such sworn member, inspector, officer or 1709
2045+constable in the discharge of such sworn member's, inspector's, officer's 1710
2046+or constable's official duties or when off duty, (3) a member of the 1711
2047+military or naval forces of this state or of the United States, or (4) a 1712
2048+nuclear facility licensed by the United States Nuclear Regulatory 1713 Substitute Bill No. 6667
2049+
2050+
2051+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2053+55 of 93
2054+
2055+Commission for the purpose of providing security services at such 1714
2056+facility, or any contractor or subcontractor of such facility for the 1715
2057+purpose of providing security services at such facility. 1716
2058+(c) The provisions of subsection (a) of this section shall not apply to 1717
2059+the possession of an assault weapon described in subparagraph (A) of 1718
2060+subdivision (1) of section 53-202a, as amended by this act, by any person 1719
2061+prior to July 1, 1994, if all of the following are applicable: 1720
2062+(1) The person is eligible under sections 53-202a to 53-202k, inclusive, 1721
2063+as amended by this act, to apply for a certificate of possession for the 1722
2064+assault weapon by July 1, 1994; 1723
2065+(2) The person lawfully possessed the assault weapon prior to 1724
2066+October 1, 1993; and 1725
2067+(3) The person is otherwise in compliance with sections 53-202a to 53-1726
2068+202k, inclusive, as amended by this act. 1727
2069+(d) The provisions of subsection (a) of this section shall not apply to 1728
2070+the possession of an assault weapon described in any provision of 1729
2071+subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, 1730
2072+as amended by this act, by any person prior to April 5, 2013, if all of the 1731
2073+following are applicable: 1732
2074+(1) The person is eligible under sections 53-202a to 53-202k, inclusive, 1733
2075+as amended by this act, to apply for a certificate of possession for the 1734
2076+assault weapon by January 1, 2014; 1735
2077+(2) The person lawfully possessed the assault weapon on April 4, 1736
2078+2013, under the provisions of sections 53-202a to 53-202k, inclusive, as 1737
2079+amended by this act, in effect on January 1, 2013; and 1738
2080+(3) The person is otherwise in compliance with sections 53-202a to 53-1739
2081+202k, inclusive, as amended by this act. 1740
2082+(e) The provisions of subsection (a) of this section shall not apply to 1741 Substitute Bill No. 6667
2083+
2084+
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2087+56 of 93
2088+
2089+the possession of a 2023 assault weapon by any person prior to January 1742
2090+1, 2024, if all of the following are applicable: 1743
2091+(1) The person is eligible under sections 53-202a to 53-202k, inclusive, 1744
2092+as amended by this act, to apply for a certificate of possession for such 1745
2093+assault weapon by January 1, 2024; 1746
2094+(2) The person lawfully possessed such assault weapon on the date 1747
2095+immediately preceding the effective date of this section, under the 1748
2096+provisions of sections 53-202a to 53-202k, inclusive, as amended by this 1749
2097+act, and section 53-202m of the general statutes, revision of 1958, revised 1750
2098+to January 1, 2023; and 1751
2099+(3) The person is otherwise in compliance with sections 53-202a to 53-1752
2100+202k, inclusive, as amended by this act. 1753
2101+[(e)] (f) The provisions of subsection (a) of this section shall not apply 1754
2102+to a person who is the executor or administrator of an estate that 1755
2103+includes an assault weapon, or the trustee of a trust that includes an 1756
2104+assault weapon, for which a certificate of possession has been issued 1757
2105+under section 53-202d, as amended by this act, if the assault weapon is 1758
2106+possessed at a place set forth in subdivision (1) of subsection (f) of 1759
2107+section 53-202d or as authorized by the Probate Court. 1760
2108+[(f)] (g) The provisions of subsection (a) of this section shall not apply 1761
2109+to the possession of a semiautomatic pistol that is defined as an assault 1762
2110+weapon in any provision of subparagraphs (B) to (F), inclusive, of 1763
2111+subdivision (1) of section 53-202a, as amended by this act, that the 1764
2112+Commissioner of Emergency Services and Public Protection designates 1765
2113+as being designed expressly for use in target shooting events at the 1766
2114+Olympic games sponsored by the International Olympic Committee 1767
2115+pursuant to regulations adopted under subdivision (4) of subsection (b) 1768
2116+of section 53-202b that is (1) possessed and transported in accordance 1769
2117+with subsection (f) of section 53-202d, or (2) possessed at or transported 1770
2118+to or from a collegiate, Olympic or target pistol shooting competition in 1771
2119+this state which is sponsored by, conducted under the auspices of, or 1772 Substitute Bill No. 6667
2120+
2121+
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2124+57 of 93
2125+
2126+approved by a law enforcement agency or a nationally or state 1773
2127+recognized entity that fosters proficiency in, or promotes education 1774
2128+about, firearms, provided such pistol is transported in the manner 1775
2129+prescribed in subsection (a) of section 53-202f. 1776
2130+Sec. 27. Subsections (a) and (b) of section 53-202d of the general 1777
2131+statutes are repealed and the following is substituted in lieu thereof 1778
2132+(Effective from passage): 1779
2133+(a) (1) (A) Except as provided in subparagraph (B) of this subdivision, 1780
2134+any person who lawfully possesses an assault weapon, as defined in 1781
2135+subparagraph (A) of subdivision (1) of section 53-202a, as amended by 1782
2136+this act, prior to October 1, 1993, shall apply by October 1, 1994, or, if 1783
2137+such person is a member of the military or naval forces of this state or of 1784
2138+the United States and is unable to apply by October 1, 1994, because such 1785
2139+member is or was on official duty outside of this state, shall apply within 1786
2140+ninety days of returning to the state to the Department of Emergency 1787
2141+Services and Public Protection, for a certificate of possession with 1788
2142+respect to such assault weapon. 1789
2143+(B) No person who lawfully possesses an assault weapon pursuant to 1790
2144+subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 1791
2145+by this act, shall be required to obtain a certificate of possession 1792
2146+pursuant to this subdivision with respect to an assault weapon used for 1793
2147+official duties, except that any person described in subdivision (2) of 1794
2148+subsection (b) of section 53-202c, as amended by this act, who purchases 1795
2149+an assault weapon, as defined in subparagraph (A) of subdivision (1) of 1796
2150+section 53-202a, as amended by this act, for use in the discharge of 1797
2151+official duties who retires or is otherwise separated from service shall 1798
2152+apply within ninety days of such retirement or separation from service 1799
2153+to the Department of Emergency Services and Public Protection for a 1800
2154+certificate of possession with respect to such assault weapon. 1801
2155+(2) (A) Except as provided in subparagraph (B) of this subdivision, 1802
2156+any person who lawfully possesses an assault weapon, as defined in any 1803
2157+provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 1804 Substitute Bill No. 6667
2158+
2159+
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2162+58 of 93
2163+
2164+section 53-202a, as amended by this act, on April 4, 2013, under the 1805
2165+provisions of sections 53-202a to 53-202k, inclusive, as amended by this 1806
2166+act, in effect on January 1, 2013, or any person who regains possession 1807
2167+of an assault weapon as defined in any provision of said subparagraphs 1808
2168+pursuant to subsection (e) of section 53-202f, or any person who lawfully 1809
2169+purchases a firearm on or after April 4, 2013, but prior to June 18, 2013, 1810
2170+that meets the criteria set forth in subdivision (3) or (4) of subsection (a) 1811
2171+of section 53-202a of the general statutes, revision of 1958, revised to 1812
2172+January 1, 2013, shall apply by January 1, 2014, or, if such person is a 1813
2173+member of the military or naval forces of this state or of the United 1814
2174+States and is unable to apply by January 1, 2014, because such member 1815
2175+is or was on official duty outside of this state, shall apply within ninety 1816
2176+days of returning to the state to the Department of Emergency Services 1817
2177+and Public Protection for a certificate of possession with respect to such 1818
2178+assault weapon. Any person who lawfully purchases a semiautomatic 1819
2179+pistol that is defined as an assault weapon in any provision of 1820
2180+subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, 1821
2181+as amended by this act, that the Commissioner of Emergency Services 1822
2182+and Public Protection designates as being designed expressly for use in 1823
2183+target shooting events at the Olympic games sponsored by the 1824
2184+International Olympic Committee pursuant to regulations adopted 1825
2185+under subdivision (4) of subsection (b) of section 53-202b shall apply 1826
2186+within ninety days of such purchase to the Department of Emergency 1827
2187+Services and Public Protection for a certificate of possession with respect 1828
2188+to such assault weapon. 1829
2189+(B) No person who lawfully possesses an assault weapon pursuant to 1830
2190+subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 1831
2191+by this act, shall be required to obtain a certificate of possession 1832
2192+pursuant to this subdivision with respect to an assault weapon used for 1833
2193+official duties, except that any person described in subdivision (2) of 1834
2194+subsection (b) of section 53-202c, as amended by this act, who purchases 1835
2195+an assault weapon, as defined in any provision of subparagraphs (B) to 1836
2196+(F), inclusive, of subdivision (1) of section 53-202a, as amended by this 1837
2197+act, for use in the discharge of official duties who retires or is otherwise 1838 Substitute Bill No. 6667
2198+
2199+
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2202+59 of 93
2203+
2204+separated from service shall apply within ninety days of such retirement 1839
2205+or separation from service to the Department of Emergency Services and 1840
2206+Public Protection for a certificate of possession with respect to such 1841
2207+assault weapon. 1842
2208+(3) Any person who obtained a certificate of possession for an assault 1843
2209+weapon, as defined in subparagraph (A) of subdivision (1) of section 53-1844
2210+202a, as amended by this act, prior to April 5, 2013, that is defined as an 1845
2211+assault weapon pursuant to any provision of subparagraphs (B) to (F), 1846
2212+inclusive, of subdivision (1) of section 53-202a, as amended by this act, 1847
2213+shall be deemed to have obtained a certificate of possession for such 1848
2214+assault weapon for the purposes of sections 53-202a to 53-202k, 1849
2215+inclusive, as amended by this act, and shall not be required to obtain a 1850
2216+subsequent certificate of possession for such assault weapon. 1851
2217+(4) (A) Except as provided in subparagraph (B) of this subdivision, 1852
2218+any person who lawfully possesses a 2023 assault weapon on the date 1853
2219+immediately preceding the effective date of this section, under the 1854
2220+provisions of sections 53-202a to 53-202k, inclusive, as amended by this 1855
2221+act, in effect on January 1, 2023, or any person who regains possession 1856
2222+of a 2023 assault weapon pursuant to subdivision (2) of subsection (e) of 1857
2223+section 53-202f, as amended by this act, shall apply by January 1, 2024, 1858
2224+or, if such person is a member of the military or naval forces of this state 1859
2225+or of the United States and is unable to apply by January 1, 2024, because 1860
2226+such member is or was on official duty outside of this state, shall apply 1861
2227+within ninety days of returning to the state to the Department of 1862
2228+Emergency Services and Public Protection for a certificate of possession 1863
2229+with respect to such assault weapon. 1864
2230+(B) No person who lawfully possesses an assault weapon pursuant to 1865
2231+subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 1866
2232+by this act, shall be required to obtain a certificate of possession 1867
2233+pursuant to this subdivision with respect to an assault weapon used for 1868
2234+official duties, except that any person described in subdivision (2) of 1869
2235+subsection (b) of section 53-202c, as amended by this act, who purchases 1870
2236+a 2023 assault weapon for use in the discharge of official duties who 1871 Substitute Bill No. 6667
2237+
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2241+60 of 93
2242+
2243+retires or is otherwise separated from service shall apply within ninety 1872
2244+days of such retirement or separation from service to the Department of 1873
2245+Emergency Services and Public Protection for a certificate of possession 1874
2246+with respect to such assault weapon. 1875
2247+(5) Any person who obtained a certificate of possession for an assault 1876
2248+weapon, as defined in any provision of subparagraphs (A) to (F), 1877
2249+inclusive, of subdivision (1) of section 53-202a, as amended by this act, 1878
2250+prior to the effective date of this section, that is a 2023 assault weapon 1879
2251+shall be deemed to have obtained a certificate of possession for such 1880
2252+assault weapon for the purposes of sections 53-202a to 53-202k, 1881
2253+inclusive, as amended by this act, and shall not be required to obtain a 1882
2254+subsequent certificate of possession for such assault weapon. 1883
2255+[(4)] (6) The certificate of possession shall contain a description of the 1884
2256+firearm that identifies it uniquely, including all identification marks, the 1885
2257+full name, address, date of birth and thumbprint of the owner, and any 1886
2258+other information as the department may deem appropriate. 1887
2259+[(5)] (7) The department shall adopt regulations, in accordance with 1888
2260+the provisions of chapter 54, to establish procedures with respect to the 1889
2261+application for and issuance of certificates of possession pursuant to this 1890
2262+section. Notwithstanding the provisions of sections 1-210 and 1-211, the 1891
2263+name and address of a person issued a certificate of possession shall be 1892
2264+confidential and shall not be disclosed, except such records may be 1893
2265+disclosed to (A) law enforcement agencies and employees of the United 1894
2266+States Probation Office acting in the performance of their duties and 1895
2267+parole officers within the Department of Correction acting in the 1896
2268+performance of their duties, and (B) the Commissioner of Mental Health 1897
2269+and Addiction Services to carry out the provisions of subsection (c) of 1898
2270+section 17a-500. 1899
2271+(b) (1) No assault weapon, as defined in subparagraph (A) of 1900
2272+subdivision (1) of section 53-202a, as amended by this act, possessed 1901
2273+pursuant to a certificate of possession issued under this section may be 1902
2274+sold or transferred on or after January 1, 1994, to any person within this 1903 Substitute Bill No. 6667
2275+
2276+
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2279+61 of 93
2280+
2281+state other than to a licensed gun dealer, as defined in subsection (f) of 1904
2282+section 53-202f, as amended by this act, or as provided in section 53-1905
2283+202e, or by bequest or intestate succession, or, upon the death of a 1906
2284+testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who 1907
2285+is eligible to possess the assault weapon. 1908
2286+(2) No assault weapon, as defined in any provision of subparagraphs 1909
2287+(B) to (F), inclusive, of subdivision (1) of section 53-202a, as amended by 1910
2288+this act, possessed pursuant to a certificate of possession issued under 1911
2289+this section may be sold or transferred on or after April 5, 2013, to any 1912
2290+person within this state other than to a licensed gun dealer, as defined 1913
2291+in subsection (f) of section 53-202f, as amended by this act, or as 1914
2292+provided in section 53-202e, or by bequest or intestate succession, or, 1915
2293+upon the death of a testator or settlor: (A) To a trust, or (B) from a trust 1916
2294+to a beneficiary who is eligible to possess the assault weapon. 1917
2295+(3) No 2023 assault weapon possessed pursuant to a certificate of 1918
2296+possession issued under this section may be sold or transferred on or 1919
2297+after the effective date of this section, to any person within this state 1920
2298+other than to a licensed gun dealer, or as provided in section 53-202e, or 1921
2299+by bequest or intestate succession, or, upon the death of a testator or 1922
2300+settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible 1923
2301+to possess the assault weapon. 1924
2302+Sec. 28. Subsection (b) of section 29-36n of the general statutes is 1925
2303+repealed and the following is substituted in lieu thereof (Effective from 1926
2304+passage): 1927
2305+(b) The Commissioner of Emergency Services and Public Protection, 1928
2306+in conjunction with the Chief State's Attorney and the Connecticut 1929
2307+Police Chiefs Association, shall update the protocol developed pursuant 1930
2308+to subsection (a) of this section to reflect the provisions of sections 29-1931
2309+7h, 29-28, as amended by this act, 29-28a, 29-29, 29-30, 29-32 and 29-35, 1932
2310+as amended by this act, subsections (b) and (h) of section 46b-15, 1933
2311+subsections (c) and (d) of section 46b-38c and sections 53-202a, as 1934
2312+amended by this act, 53-202l [, 53-202m] and 53a-217, as amended by 1935 Substitute Bill No. 6667
2313+
2314+
2315+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2317+62 of 93
2318+
2319+this act, and shall include in such protocol specific instructions for the 1936
2320+transfer, delivery or surrender of pistols and revolvers and other 1937
2321+firearms and ammunition when the assistance of more than one law 1938
2322+enforcement agency is necessary to effect the requirements of section 29-1939
2323+36k. 1940
2324+Sec. 29. Subsection (c) of section 53-202w of the general statutes is 1941
2325+repealed and the following is substituted in lieu thereof (Effective October 1942
2326+1, 2023): 1943
2327+(c) Except as provided in this section and section 53-202x, as amended 1944
2328+by this act, [: (1) Any person who possesses a large capacity magazine 1945
2329+on or after January 1, 2014, that was obtained prior to April 5, 2013, shall 1946
2330+commit an infraction and be fined not more than ninety dollars for a first 1947
2331+offense and shall be guilty of a class D felony for any subsequent offense, 1948
2332+and (2) any person who possesses a large capacity magazine on or after 1949
2333+January 1, 2014, that was obtained on or after April 5, 2013, shall be 1950
2334+guilty of a class D felony] any person who possesses a large capacity 1951
2335+magazine shall be guilty of a class D felony. 1952
2336+Sec. 30. Subsections (a) and (b) of section 29-37p of the general 1953
2337+statutes are repealed and the following is substituted in lieu thereof 1954
2338+(Effective October 1, 2023): 1955
2339+(a) Any person who is [eighteen] twenty-one years of age or older 1956
2340+may apply to the Commissioner of Emergency Services and Public 1957
2341+Protection for a long gun eligibility certificate. 1958
2342+(b) The Commissioner of Emergency Services and Public Protection 1959
2343+shall issue a long gun eligibility certificate unless said commissioner 1960
2344+finds that the applicant: (1) [Has] (A) For any application filed prior to 1961
2345+July 1, 2024, has failed to successfully complete a course approved by 1962
2346+the Commissioner of Emergency Services and Public Protection in the 1963
2347+safety and use of firearms including, but not limited to, a safety or 1964
2348+training course in the use of firearms available to the public offered by 1965
2349+a law enforcement agency, a private or public educational institution or 1966 Substitute Bill No. 6667
2350+
2351+
2352+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2354+63 of 93
2355+
2356+a firearms training school, utilizing instructors certified by the National 1967
2357+Rifle Association or the Department of Energy and Environmental 1968
2358+Protection and a safety or training course in the use of firearms 1969
2359+conducted by an instructor certified by the state or the National Rifle 1970
2360+Association, or (B) for any application filed on or after July 1, 2024, has 1971
2361+failed to successfully complete, not later than one year following the 1972
2362+submission of such application, a course approved by the Commissioner 1973
2363+of Emergency Services and Public Protection in the safety and use of 1974
2364+firearms conducted by an instructor certified by the National Rifle 1975
2365+Association or by the state, provided any such course includes at least 1976
2366+four hours of classroom training, including at least two hours of 1977
2367+instruction on state laws on ownership and use of firearms, and two 1978
2368+hours of live-fire training including training on pistols and revolvers; (2) 1979
2369+has been convicted of (A) a felony, (B) a misdemeanor violation of 1980
2370+section 21a-279 on or after October 1, 2015, [or] (C) a misdemeanor 1981
2371+violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-1982
2372+175, 53a-176, 53a-178 or 53a-181d during the preceding twenty years, or 1983
2373+(D) a misdemeanor violation of any law of this state that has been 1984
2374+designated as a family violence crime pursuant to section 46b-38h; (3) 1985
2375+has been convicted as delinquent for the commission of a serious 1986
2376+juvenile offense, as defined in section 46b-120; (4) has been discharged 1987
2377+from custody within the preceding twenty years after having been 1988
2378+found not guilty of a crime by reason of mental disease or defect 1989
2379+pursuant to section 53a-13; (5) has been confined in a hospital for 1990
2380+persons with psychiatric disabilities, as defined in section 17a-495, 1991
2381+within the preceding sixty months by order of a probate court; (6) has 1992
2382+been voluntarily admitted to a hospital for persons with psychiatric 1993
2383+disabilities, as defined in section 17a-495, within the preceding six 1994
2384+months for care and treatment of a psychiatric disability and not solely 1995
2385+for being an alcohol-dependent person or a drug-dependent person as 1996
2386+those terms are defined in section 17a-680; (7) is subject to a restraining 1997
2387+or protective order issued by a court in a case involving the use, 1998
2388+attempted use or threatened use of physical force against another 1999
2389+person, including an ex parte order issued pursuant to section 46b-15 or 2000
2390+46b-16a; (8) is subject to a firearms seizure order issued prior to June 1, 2001 Substitute Bill No. 6667
2391+
2392+
2393+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2395+64 of 93
2396+
2397+2022, pursuant to section 29-38c after notice and hearing, or a risk 2002
2398+protection order or risk protection investigation order issued on or after 2003
2399+June 1, 2022, pursuant to section 29-38c; (9) is prohibited from shipping, 2004
2400+transporting, possessing or receiving a firearm pursuant to [18 USC 2005
2401+922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9); or (10) is an alien illegally or 2006
2402+unlawfully in the United States. 2007
2403+Sec. 31. Subsection (b) of section 29-28 of the general statutes is 2008
2404+repealed and the following is substituted in lieu thereof (Effective October 2009
2405+1, 2023): 2010
2406+(b) Upon the application of any person having a bona fide permanent 2011
2407+residence within the jurisdiction of any such authority, such chief of 2012
2408+police or, where there is no chief of police, such chief executive officer 2013
2409+or designated resident state trooper or state police officer, as applicable, 2014
2410+may issue a temporary state permit to such person to carry a pistol or 2015
2411+revolver within the state, provided such authority shall find that such 2016
2412+applicant intends to make no use of any pistol or revolver which such 2017
2413+applicant may be permitted to carry under such permit other than a 2018
2414+lawful use and that such person is a suitable person to receive such 2019
2415+permit. If the applicant has a bona fide permanent residence within the 2020
2416+jurisdiction of any federally recognized Native American tribe within 2021
2417+the borders of the state, and such tribe has a law enforcement unit, as 2022
2418+defined in section 7-294a, the chief of police of such law enforcement 2023
2419+unit may issue a temporary state permit to such person pursuant to the 2024
2420+provisions of this subsection, and any chief of police of any other law 2025
2421+enforcement unit having jurisdiction over an area containing such 2026
2422+person's bona fide permanent residence shall not issue such temporary 2027
2423+state permit if such tribal law enforcement unit accepts applications for 2028
2424+temporary state permits. No state or temporary state permit to carry a 2029
2425+pistol or revolver shall be issued under this subsection if the applicant: 2030
2426+(1) (A) For any application filed prior to July 1, 2024, has failed to 2031
2427+successfully complete a course approved by the Commissioner of 2032
2428+Emergency Services and Public Protection in the safety and use of 2033
2429+pistols and revolvers including, but not limited to, a safety or training 2034 Substitute Bill No. 6667
2430+
2431+
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2434+65 of 93
2435+
2436+course in the use of pistols and revolvers available to the public offered 2035
2437+by a law enforcement agency, a private or public educational institution 2036
2438+or a firearms training school, utilizing instructors certified by the 2037
2439+National Rifle Association or the Department of Energy and 2038
2440+Environmental Protection and a safety or training course in the use of 2039
2441+pistols or revolvers conducted by an instructor certified by the state or 2040
2442+the National Rifle Association, and (B) for any application filed on or 2041
2443+after July 1, 2024, has failed to successfully complete, not later than one 2042
2444+year following the submission of such application, a course approved 2043
2445+by the Commissioner of Emergency Services and Public Protection in 2044
2446+the safety and use of firearms conducted by an instructor certified by 2045
2447+the National Rifle Association or by the state, provided any such course 2046
2448+includes at least four hours of classroom training, including at least two 2047
2449+hours of instruction on state laws on ownership and use of firearms, and 2048
2450+two hours of live-fire training including training on pistols and 2049
2451+revolvers. Any person wishing to provide such course, may apply in the 2050
2452+form and manner prescribed by the commissioner. The commissioner 2051
2453+shall approve or deny any application for provision of such a course not 2052
2454+later than July 1, 2024, in the case of an application submitted before 2053
2455+October 1, 2023; (2) has been convicted of (A) a felony, [or] (B) a 2054
2456+misdemeanor violation of section 21a-279 on or after October 1, 2015, 2055
2457+[or] (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-2056
2458+62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the 2057
2459+preceding twenty years, a misdemeanor violation of any law of this state 2058
2460+that has been designated as a family violence crime pursuant to section 2059
2461+46b-38h; (3) has been convicted as delinquent for the commission of a 2060
2462+serious juvenile offense, as defined in section 46b-120; [,] (4) has been 2061
2463+discharged from custody within the preceding twenty years after 2062
2464+having been found not guilty of a crime by reason of mental disease or 2063
2465+defect pursuant to section 53a-13; [,] (5) (A) has been confined in a 2064
2466+hospital for persons with psychiatric disabilities, as defined in section 2065
2467+17a-495, within the preceding sixty months by order of a probate court, 2066
2468+or (B) has been voluntarily admitted on or after October 1, 2013, to a 2067
2469+hospital for persons with psychiatric disabilities, as defined in section 2068
2470+17a-495, within the preceding six months for care and treatment of a 2069 Substitute Bill No. 6667
2471+
2472+
2473+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2475+66 of 93
2476+
2477+psychiatric disability and not solely for being an alcohol-dependent 2070
2478+person or a drug-dependent person, as those terms are defined in 2071
2479+section 17a-680; [,] (6) is subject to a restraining or protective order 2072
2480+issued by a court in a case involving the use, attempted use or 2073
2481+threatened use of physical force against another person, including an ex 2074
2482+parte order issued pursuant to section 46b-15 or 46b-16a; [,] (7) is subject 2075
2483+to a firearms seizure order issued prior to June 1, 2022, pursuant to 2076
2484+section 29-38c after notice and hearing, or a risk protection order or risk 2077
2485+protection investigation order issued on or after June 1, 2022, pursuant 2078
2486+to section 29-38c; [,] (8) is prohibited from shipping, transporting, 2079
2487+possessing or receiving a firearm pursuant to [18 USC 922(g)(4),] 18 USC 2080
2488+922(g)(2), (g)(4) or (g)(9); (9) is an alien illegally or unlawfully in the 2081
2489+United States; [,] or (10) is less than twenty-one years of age. Nothing in 2082
2490+this section shall require any person who holds a valid permit to carry a 2083
2491+pistol or revolver on [October 1, 1994] July 1, 2024, to participate in any 2084
2492+additional training in the safety and use of pistols and revolvers. No 2085
2493+person may apply for a temporary state permit to carry a pistol or 2086
2494+revolver more than once within any twelve-month period, and no 2087
2495+temporary state permit to carry a pistol or revolver shall be issued to 2088
2496+any person who has applied for such permit more than once within the 2089
2497+preceding twelve months. Any person who applies for a temporary state 2090
2498+permit to carry a pistol or revolver shall indicate in writing on the 2091
2499+application, under penalty of false statement in such manner as the 2092
2500+issuing authority prescribes, that such person has not applied for a 2093
2501+temporary state permit to carry a pistol or revolver within the past 2094
2502+twelve months. Upon issuance of a temporary state permit to carry a 2095
2503+pistol or revolver to the applicant, the local authority shall forward the 2096
2504+original application to the commissioner. Not later than sixty days after 2097
2505+receiving a temporary state permit, an applicant shall appear at a 2098
2506+location designated by the commissioner to receive the state permit. The 2099
2507+commissioner may then issue, to any holder of any temporary state 2100
2508+permit, a state permit to carry a pistol or revolver within the state. Upon 2101
2509+issuance of the state permit, the commissioner shall make available to 2102
2510+the permit holder a copy of the law regarding the permit holder's 2103
2511+responsibility to report the loss or theft of a firearm and the penalties 2104 Substitute Bill No. 6667
2512+
2513+
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2516+67 of 93
2517+
2518+associated with the failure to comply with such law. Upon issuance of 2105
2519+the state permit, the commissioner shall forward a record of such permit 2106
2520+to the local authority issuing the temporary state permit. The 2107
2521+commissioner shall retain records of all applications, whether approved 2108
2522+or denied. The copy of the state permit delivered to the permittee shall 2109
2523+be laminated and shall contain a full-face photograph of such permittee. 2110
2524+A person holding a state permit issued pursuant to this subsection shall 2111
2525+notify the issuing authority within two business days of any change of 2112
2526+such person's address. The notification shall include the old address and 2113
2527+the new address of such person. 2114
2528+Sec. 32. (NEW) (Effective January 1, 2024) (a) Except as provided in 2115
2529+subsection (b) of this section, no person shall sell, deliver or otherwise 2116
2530+transfer any semiautomatic pistol or revolver manufactured after 2117
2531+January 1, 2024, unless such pistol or revolver (1) is equipped with a 2118
2532+loaded chamber indicator, and (2) if the pistol or revolver accepts a 2119
2533+detachable magazine, is equipped with a magazine disconnect lockout. 2120
2534+(b) The provisions of this section shall not apply to (1) a federal, state 2121
2535+or municipal law enforcement agency purchasing pistols or revolvers 2122
2536+for use by officers in the performance of their law enforcement duties, 2123
2537+(2) any firearm legally transferred under the provisions of section 29-2124
2538+36k of the general statutes, or (3) as otherwise provided in subsection (f) 2125
2539+or (g) of section 29-33 of the general statutes, as amended by this act. 2126
2540+(c) For purposes of this section, "loaded chamber indicator" means a 2127
2541+device that plainly indicates that a cartridge is in the firing chamber and 2128
2542+"magazine disconnect lockout" means a mechanism that prevents a 2129
2543+semiautomatic pistol that has a detachable magazine from operating to 2130
2544+strike the primer of ammunition in the firing chamber when a 2131
2545+detachable magazine is not inserted in the semiautomatic pistol. 2132
2546+Sec. 33. Subsection (b) of section 29-36f of the general statutes is 2133
2547+repealed and the following is substituted in lieu thereof (Effective October 2134
2548+1, 2023): 2135 Substitute Bill No. 6667
2549+
2550+
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2553+68 of 93
2554+
2555+(b) The Commissioner of Emergency Services and Public Protection 2136
2556+shall issue an eligibility certificate unless said commissioner finds that 2137
2557+the applicant: (1) [Has] (A) For any application filed prior to July 1, 2024, 2138
2558+has failed to successfully complete a course approved by the 2139
2559+Commissioner of Emergency Services and Public Protection in the 2140
2560+safety and use of pistols and revolvers including, but not limited to, a 2141
2561+safety or training course in the use of pistols and revolvers available to 2142
2562+the public offered by a law enforcement agency, a private or public 2143
2563+educational institution or a firearms training school, utilizing instructors 2144
2564+certified by the National Rifle Association or the Department of Energy 2145
2565+and Environmental Protection and a safety or training course in the use 2146
2566+of pistols or revolvers conducted by an instructor certified by the state 2147
2567+or the National Rifle Association, or (B) for any application filed on or 2148
2568+after July 1, 2024, has failed to successfully complete, not later than one 2149
2569+year following the submission of such application, a course approved 2150
2570+by the Commissioner of Emergency Services and Public Protection in 2151
2571+the safety and use of firearms conducted by an instructor certified by 2152
2572+the National Rifle Association or by the state, provided any such course 2153
2573+includes at least four hours of classroom training, including at least two 2154
2574+hours of instruction on state laws on ownership and use of firearms, and 2155
2575+two hours of live-fire training including training on pistols and 2156
2576+revolvers; (2) has been convicted of (A) a felony, (B) a misdemeanor 2157
2577+violation of section 21a-279 on or after October 1, 2015, [or] (C) a 2158
2578+misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 2159
2579+53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the preceding 2160
2580+twenty years, or (D) a misdemeanor violation of any law of this state 2161
2581+that has been designated as a family violence crime pursuant to section 2162
2582+46b-38h; (3) has been convicted as delinquent for the commission of a 2163
2583+serious juvenile offense, as defined in section 46b-120 ; (4) has been 2164
2584+discharged from custody within the preceding twenty years after 2165
2585+having been found not guilty of a crime by reason of mental disease or 2166
2586+defect pursuant to section 53a-13; (5) (A) has been confined in a hospital 2167
2587+for persons with psychiatric disabilities, as defined in section 17a-495, 2168
2588+within the preceding sixty months by order of a probate court; or (B) has 2169
2589+been voluntarily admitted on or after October 1, 2013, to a hospital for 2170 Substitute Bill No. 6667
2590+
2591+
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2594+69 of 93
2595+
2596+persons with psychiatric disabilities, as defined in section 17a-495, 2171
2597+within the preceding six months for care and treatment of a psychiatric 2172
2598+disability and not solely for being an alcohol-dependent person or a 2173
2599+drug-dependent person as those terms are defined in section 17a-680; 2174
2600+(6) is subject to a restraining or protective order issued by a court in a 2175
2601+case involving the use, attempted use or threatened use of physical force 2176
2602+against another person, including an ex parte order issued pursuant to 2177
2603+section 46b-15 or section 46b-16a; (7) is subject to a firearms seizure 2178
2604+order issued prior to June 1, 2022, pursuant to section 29-38c after notice 2179
2605+and hearing, or a risk protection order or risk protection investigation 2180
2606+order issued on or after June 1, 2022, pursuant to section 29-38c; (8) is 2181
2607+prohibited from shipping, transporting, possessing or receiving a 2182
2608+firearm pursuant to [18 USC 922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9); 2183
2609+or (9) is an alien illegally or unlawfully in the United States. 2184
2610+Sec. 34. Section 53a-217 of the general statutes is repealed and the 2185
2611+following is substituted in lieu thereof (Effective October 1, 2023): 2186
2612+(a) A person is guilty of criminal possession of a firearm, ammunition 2187
2613+or an electronic defense weapon when such person possesses a firearm, 2188
2614+ammunition or an electronic defense weapon and (1) has been convicted 2189
2615+of (A) a felony committed prior to, on or after October 1, 2013, (B) a 2190
2616+misdemeanor violation of section 21a-279 on or after October 1, 2015, 2191
2617+[or] (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-2192
2618+62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d committed on 2193
2619+or after October 1, 2013, and during the preceding twenty years, or (D) 2194
2620+a misdemeanor violation of any law of this state that has been 2195
2621+designated as a family violence crime pursuant to section 46b-38h and 2196
2622+was committed on or after October 1, 2023, (2) has been convicted as 2197
2623+delinquent for the commission of a serious juvenile offense, as defined 2198
2624+in section 46b-120, (3) has been discharged from custody within the 2199
2625+preceding twenty years after having been found not guilty of a crime by 2200
2626+reason of mental disease or defect pursuant to section 53a-13, (4) knows 2201
2627+that such person is subject to (A) a restraining or protective order of a 2202
2628+court of this state that has been issued against such person, after notice 2203 Substitute Bill No. 6667
2629+
2630+
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2633+70 of 93
2634+
2635+has been provided to such person, in a case involving the use, attempted 2204
2636+use or threatened use of physical force against another person, or (B) a 2205
2637+foreign order of protection, as defined in section 46b-15a, that has been 2206
2638+issued against such person in a case involving the use, attempted use or 2207
2639+threatened use of physical force against another person, (5) (A) has been 2208
2640+confined on or after October 1, 2013, in a hospital for persons with 2209
2641+psychiatric disabilities, as defined in section 17a-495, within the 2210
2642+preceding sixty months by order of a probate court, or with respect to 2211
2643+any person who holds a valid permit or certificate that was issued or 2212
2644+renewed under the provisions of section 29-28, as amended by this act, 2213
2645+or 29-36f, as amended by this act, in effect prior to October 1, 2013, such 2214
2646+person has been confined in such hospital within the preceding twelve 2215
2647+months, or (B) has been voluntarily admitted on or after October 1, 2013, 2216
2648+to a hospital for persons with psychiatric disabilities, as defined in 2217
2649+section 17a-495, within the preceding six months for care and treatment 2218
2650+of a psychiatric disability, unless the person (i) was voluntarily admitted 2219
2651+solely for being an alcohol-dependent person or a drug-dependent 2220
2652+person as those terms are defined in section 17a-680, or (ii) is a police 2221
2653+officer who was voluntarily admitted and had his or her firearm, 2222
2654+ammunition or electronic defense weapon used in the performance of 2223
2655+the police officer's official duties returned in accordance with section 7-2224
2656+291d, (6) knows that such person is subject to a firearms seizure order 2225
2657+issued prior to June 1, 2022, pursuant to section 29-38c after notice and 2226
2658+an opportunity to be heard has been provided to such person, or a risk 2227
2659+protection order or risk protection investigation order issued on or after 2228
2660+June 1, 2022, pursuant to section 29-38c, or (7) is prohibited from 2229
2661+shipping, transporting, possessing or receiving a firearm pursuant to [18 2230
2662+USC 922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9). For the purposes of this 2231
2663+section, "convicted" means having a judgment of conviction entered by 2232
2664+a court of competent jurisdiction, "ammunition" means a loaded 2233
2665+cartridge, consisting of a primed case, propellant or projectile, designed 2234
2666+for use in any firearm, and a motor vehicle violation for which a 2235
2667+sentence to a term of imprisonment of more than one year may be 2236
2668+imposed shall be deemed an unclassified felony. 2237 Substitute Bill No. 6667
2669+
2670+
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2673+71 of 93
2674+
2675+(b) Criminal possession of a firearm, ammunition or an electronic 2238
2676+defense weapon is a class C felony, for which two years and one day of 2239
2677+the sentence imposed may not be suspended or reduced by the court, 2240
2678+and five thousand dollars of the fine imposed may not be remitted or 2241
2679+reduced by the court unless the court states on the record its reasons for 2242
2680+remitting or reducing such fine. 2243
2681+Sec. 35. Section 53a-217c of the general statutes is repealed and the 2244
2682+following is substituted in lieu thereof (Effective October 1, 2023): 2245
2683+(a) A person is guilty of criminal possession of a pistol or revolver 2246
2684+when such person possesses a pistol or revolver, as defined in section 2247
2685+29-27, and (1) has been convicted of (A) a felony committed prior to, on 2248
2686+or after October 1, 2013, (B) a misdemeanor violation of section 21a-279 2249
2687+committed on or after October 1, 2015, [or] (C) a misdemeanor violation 2250
2688+of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-2251
2689+176, 53a-178 or 53a-181d committed during the preceding twenty years, 2252
2690+or (D) a misdemeanor violation of any law of this state that has been 2253
2691+designated as a family violence crime pursuant to section 46b-38h and 2254
2692+was committed on or after October 1, 2023, (2) has been convicted as 2255
2693+delinquent for the commission of a serious juvenile offense, as defined 2256
2694+in section 46b-120, (3) has been discharged from custody within the 2257
2695+preceding twenty years after having been found not guilty of a crime by 2258
2696+reason of mental disease or defect pursuant to section 53a-13, (4) (A) has 2259
2697+been confined prior to October 1, 2013, in a hospital for persons with 2260
2698+psychiatric disabilities, as defined in section 17a-495, within the 2261
2699+preceding twelve months by order of a probate court, or has been 2262
2700+confined on or after October 1, 2013, in a hospital for persons with 2263
2701+psychiatric disabilities, as defined in section 17a-495, within the 2264
2702+preceding sixty months by order of a probate court, or, with respect to 2265
2703+any person who holds a valid permit or certificate that was issued or 2266
2704+renewed under the provisions of section 29-28, as amended by this act, 2267
2705+or 29-36f, as amended by this act, in effect prior to October 1, 2013, such 2268
2706+person has been confined in such hospital within the preceding twelve 2269
2707+months, or (B) has been voluntarily admitted on or after October 1, 2013, 2270 Substitute Bill No. 6667
2708+
2709+
2710+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2712+72 of 93
2713+
2714+to a hospital for persons with psychiatric disabilities, as defined in 2271
2715+section 17a-495, within the preceding six months for care and treatment 2272
2716+of a psychiatric disability, unless the person (i) was voluntarily admitted 2273
2717+solely for being an alcohol-dependent person or a drug-dependent 2274
2718+person as those terms are defined in section 17a-680, or (ii) is a police 2275
2719+officer who was voluntarily admitted and had his or her firearm, 2276
2720+ammunition or electronic defense weapon used in the performance of 2277
2721+the police officer's official duties returned in accordance with section 7-2278
2722+291d, (5) knows that such person is subject to (A) a restraining or 2279
2723+protective order of a court of this state that has been issued against such 2280
2724+person, after notice has been provided to such person, in a case 2281
2725+involving the use, attempted use or threatened use of physical force 2282
2726+against another person, or (B) a foreign order of protection, as defined 2283
2727+in section 46b-15a, that has been issued against such person in a case 2284
2728+involving the use, attempted use or threatened use of physical force 2285
2729+against another person, (6) knows that such person is subject to a 2286
2730+firearms seizure order issued prior to June 1, 2022, pursuant to section 2287
2731+29-38c after notice and an opportunity to be heard has been provided to 2288
2732+such person, or a risk protection order or risk protection investigation 2289
2733+order issued on or after June 1, 2022, pursuant to section 29-38c, (7) is 2290
2734+prohibited from shipping, transporting, possessing or receiving a 2291
2735+firearm pursuant to [18 USC 922(g)(4)] 18 USC 922(g)(2), (g)(4) or (g)(9), 2292
2736+or (8) is an alien illegally or unlawfully in the United States. For the 2293
2737+purposes of this section, "convicted" means having a judgment of 2294
2738+conviction entered by a court of competent jurisdiction. 2295
2739+(b) Criminal possession of a pistol or revolver is a class C felony, for 2296
2740+which two years of the sentence imposed may not be suspended or 2297
2741+reduced by the court, and five thousand dollars of the fine imposed may 2298
2742+not be remitted or reduced by the court unless the court states on the 2299
2743+record its reasons for remitting or reducing such fine. 2300
2744+Sec. 36. Subsection (a) of section 29-37b of the general statutes is 2301
2745+repealed and the following is substituted in lieu thereof (Effective October 2302
2746+1, 2023): 2303 Substitute Bill No. 6667
2747+
2748+
2749+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2751+73 of 93
2752+
2753+(a) Each person, firm or corporation which engages in the retail sale 2304
2754+of any [pistol or revolver] firearm, at the time of sale of any such [pistol 2305
2755+or revolver] firearm, shall (1) equip such [pistol or revolver] firearm 2306
2756+with a reusable trigger lock, gun lock or gun locking device appropriate 2307
2757+for such firearm, which lock or device shall be constructed of material 2308
2758+sufficiently strong to prevent it from being easily disabled and have a 2309
2759+locking mechanism accessible by key or by electronic or other 2310
2760+mechanical accessory specific to such lock or device to prevent 2311
2761+unauthorized removal, and (2) provide to the purchaser thereof a 2312
2762+written warning which shall state in block letters not less than one inch 2313
2763+in height: "UNLAWFUL STORAGE OF A LOADED FIREARM MAY 2314
2764+RESULT IN IMPRISONMENT OR FINE." 2315
2765+Sec. 37. Subsection (a) of section 53-205 of the general statutes is 2316
2766+repealed and the following is substituted in lieu thereof (Effective July 1, 2317
2767+2023): 2318
2768+(a) No person shall carry or possess in any vehicle or snowmobile any 2319
2769+[shotgun, rifle or muzzleloader of any gauge or caliber] firearm, other 2320
2770+than a pistol or revolver, while such [shotgun, rifle or muzzleloader] 2321
2771+firearm contains in the barrel, chamber or magazine any loaded shell or, 2322
2772+if such firearm is a muzzleloader, any cartridge capable of being 2323
2773+discharged or, if such firearm is a flintlock, when such muzzleloader has 2324
2774+a percussion cap in place or when the powder pan of a flintlock contains 2325
2775+powder. As used in this subsection, "muzzleloader" means a rifle or 2326
2776+shotgun that is incapable of firing a self-contained cartridge and must 2327
2777+be loaded at the muzzle end. 2328
2778+Sec. 38. Section 53-341b of the general statutes is repealed and the 2329
2779+following is substituted in lieu thereof (Effective October 1, 2023): 2330
2780+(a) No person, firm or corporation shall sell or deliver body armor to 2331
2781+another person unless the transferee (1) meets in person with the 2332
2782+transferor to accomplish the sale or delivery, and (2) possesses a permit 2333
2783+or certificate issued under the provisions of section 29-28, as amended 2334
2784+by this act, 29-36f, 29-37p, as amended by this act, or 29-38n. 2335 Substitute Bill No. 6667
2785+
2786+
2787+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2789+74 of 93
2790+
2791+(b) The provisions of subsection (a) of this section shall not apply to 2336
2792+the sale or delivery of body armor to (1) a sworn member or authorized 2337
2793+official of an organized local police department, the Division of State 2338
2794+Police within the Department of Emergency Services and Public 2339
2795+Protection, the Division of Criminal Justice, the Department of 2340
2796+Correction, the Board of Pardons and Paroles or the Department of 2341
2797+Motor Vehicles, (2) an authorized official of a municipality or the 2342
2798+Department of Administrative Services that purchases body armor on 2343
2799+behalf of an organized local police department, the Division of State 2344
2800+Police within the Department of Emergency Services and Public 2345
2801+Protection, the Division of Criminal Justice, the Department of 2346
2802+Correction, the Board of Pardons and Paroles or the Department of 2347
2803+Motor Vehicles, (3) a judicial marshal or probation officer or an 2348
2804+authorized official of the Judicial Branch who purchases body armor on 2349
2805+behalf of a probation officer or a judicial marshal, or (4) a member of the 2350
2806+National Guard or the armed forces reserve. 2351
2807+(c) As used in this section, "body armor" means any [material] item 2352
2808+designed to provide bullet penetration resistance and to be worn on or 2353
2809+under clothing on the body, [and to provide bullet penetration 2354
2810+resistance] like a vest or other article of clothing, or any plate designed 2355
2811+to provide bullet penetration resistance when inserted into such an item. 2356
2812+(d) Any person, firm or corporation that violates the provisions of this 2357
2813+section shall be guilty of a class B misdemeanor. 2358
2814+Sec. 39. Section 53a-3 of the general statutes is repealed and the 2359
2815+following is substituted in lieu thereof (Effective October 1, 2023): 2360
2816+Except where different meanings are expressly specified, the 2361
2817+following terms have the following meanings when used in this title: 2362
2818+(1) "Person" means a human being, and, where appropriate, a public 2363
2819+or private corporation, a limited liability company, an unincorporated 2364
2820+association, a partnership, a government or a governmental 2365
2821+instrumentality; 2366 Substitute Bill No. 6667
2822+
2823+
2824+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2826+75 of 93
2827+
2828+(2) "Possess" means to have physical possession or otherwise to 2367
2829+exercise dominion or control over tangible property; 2368
2830+(3) "Physical injury" means impairment of physical condition or pain; 2369
2831+(4) "Serious physical injury" means physical injury which creates a 2370
2832+substantial risk of death, or which causes serious disfigurement, serious 2371
2833+impairment of health or serious loss or impairment of the function of 2372
2834+any bodily organ; 2373
2835+(5) "Deadly physical force" means physical force which can be 2374
2836+reasonably expected to cause death or serious physical injury; 2375
2837+(6) "Deadly weapon" means any weapon, whether loaded or 2376
2838+unloaded, from which a shot may be discharged, or a switchblade knife, 2377
2839+gravity knife, billy, blackjack, bludgeon, or metal knuckles. The 2378
2840+definition of "deadly weapon" in this subdivision shall be deemed not 2379
2841+to apply to section 29-38 or 53-206; 2380
2842+(7) "Dangerous instrument" means any instrument, article or 2381
2843+substance which, under the circumstances in which it is used or 2382
2844+attempted or threatened to be used, is capable of causing death or 2383
2845+serious physical injury, and includes a "vehicle" as that term is defined 2384
2846+in this section and includes a dog that has been commanded to attack, 2385
2847+except a dog owned by a law enforcement agency of the state or any 2386
2848+political subdivision thereof or of the federal government when such 2387
2849+dog is in the performance of its duties under the direct supervision, care 2388
2850+and control of an assigned law enforcement officer; 2389
2851+(8) "Vehicle" means a "motor vehicle" as defined in section 14-1, a 2390
2852+snowmobile, any aircraft, or any vessel equipped for propulsion by 2391
2853+mechanical means or sail; 2392
2854+(9) "Peace officer" means a member of the Division of State Police 2393
2855+within the Department of Emergency Services and Public Protection or 2394
2856+an organized local police department, a chief inspector or inspector in 2395
2857+the Division of Criminal Justice, a state marshal while exercising 2396 Substitute Bill No. 6667
2858+
2859+
2860+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2862+76 of 93
2863+
2864+authority granted under any provision of the general statutes, a judicial 2397
2865+marshal in the performance of the duties of a judicial marshal, a 2398
2866+conservation officer or special conservation officer, as defined in section 2399
2867+26-5, a constable who performs criminal law enforcement duties, a 2400
2868+special policeman appointed under section 29-18, 29-18a, 29-18b or 29-2401
2869+19, an adult probation officer, an official of the Department of Correction 2402
2870+authorized by the Commissioner of Correction to make arrests in a 2403
2871+correctional institution or facility, any investigator in the investigations 2404
2872+unit of the office of the State Treasurer, an inspector of motor vehicles in 2405
2873+the Department of Motor Vehicles, who is certified under the provisions 2406
2874+of sections 7-294a to 7-294e, inclusive, a United States marshal or deputy 2407
2875+marshal, any special agent of the federal government authorized to 2408
2876+enforce the provisions of Title 21 of the United States Code, or a member 2409
2877+of a law enforcement unit of the Mashantucket Pequot Tribe or the 2410
2878+Mohegan Tribe of Indians of Connecticut created and governed by a 2411
2879+memorandum of agreement under section 47-65c who is certified as a 2412
2880+police officer by the Police Officer Standards and Training Council 2413
2881+pursuant to sections 7-294a to 7-294e, inclusive; 2414
2882+(10) "Firefighter" means any agent of a municipality whose duty it is 2415
2883+to protect life and property therein as a member of a duly constituted 2416
2884+fire department whether professional or volunteer; 2417
2885+(11) A person acts "intentionally" with respect to a result or to conduct 2418
2886+described by a statute defining an offense when his conscious objective 2419
2887+is to cause such result or to engage in such conduct; 2420
2888+(12) A person acts "knowingly" with respect to conduct or to a 2421
2889+circumstance described by a statute defining an offense when he is 2422
2890+aware that his conduct is of such nature or that such circumstance exists; 2423
2891+(13) A person acts "recklessly" with respect to a result or to a 2424
2892+circumstance described by a statute defining an offense when he is 2425
2893+aware of and consciously disregards a substantial and unjustifiable risk 2426
2894+that such result will occur or that such circumstance exists. The risk 2427
2895+must be of such nature and degree that disregarding it constitutes a 2428 Substitute Bill No. 6667
2896+
2897+
2898+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2900+77 of 93
2901+
2902+gross deviation from the standard of conduct that a reasonable person 2429
2903+would observe in the situation; 2430
2904+(14) A person acts with "criminal negligence" with respect to a result 2431
2905+or to a circumstance described by a statute defining an offense when he 2432
2906+fails to perceive a substantial and unjustifiable risk that such result will 2433
2907+occur or that such circumstance exists. The risk must be of such nature 2434
2908+and degree that the failure to perceive it constitutes a gross deviation 2435
2909+from the standard of care that a reasonable person would observe in the 2436
2910+situation; 2437
2911+(15) "Machine gun" means a weapon of any description, irrespective 2438
2912+of size, by whatever name known, loaded or unloaded, from which a 2439
2913+number of shots or bullets may be rapidly or automatically discharged 2440
2914+from a magazine with one continuous pull of the trigger and includes a 2441
2915+submachine gun; 2442
2916+(16) "Rifle" means a weapon designed or redesigned, made or 2443
2917+remade, and intended to be fired from the shoulder and designed or 2444
2918+redesigned and made or remade to use the energy of the explosive in a 2445
2919+fixed metallic cartridge to fire only a single projectile through a rifled 2446
2920+bore for each single pull of the trigger; 2447
2921+(17) "Shotgun" means a weapon designed or redesigned, made or 2448
2922+remade, and intended to be fired from the shoulder and designed or 2449
2923+redesigned and made or remade to use the energy of the explosive in a 2450
2924+fixed shotgun shell to fire through a smooth bore either a number of ball 2451
2925+shot or a single projectile for each single pull of the trigger; 2452
2926+(18) "Pistol" or "revolver" means any firearm having a barrel less than 2453
2927+twelve inches; 2454
2928+(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, 2455
2929+shotgun, pistol, revolver or other weapon, whether loaded or unloaded 2456
2930+from which a shot may be discharged; 2457
2931+(20) "Electronic defense weapon" means a weapon which by 2458 Substitute Bill No. 6667
2932+
2933+
2934+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2936+78 of 93
2937+
2938+electronic impulse or current is capable of immobilizing a person 2459
2939+temporarily, including a stun gun or other conductive energy device; 2460
2940+(21) "Martial arts weapon" means a nunchaku, kama, kasari-fundo, 2461
2941+octagon sai, tonfa or chinese star; 2462
2942+(22) "Employee of an emergency medical service organization" means 2463
2943+an ambulance driver, emergency medical technician or paramedic as 2464
2944+defined in section 19a-175; 2465
2945+(23) "Railroad property" means all tangible property owned, leased 2466
2946+or operated by a railroad carrier including, but not limited to, a right-of-2467
2947+way, track, roadbed, bridge, yard, shop, station, tunnel, viaduct, trestle, 2468
2948+depot, warehouse, terminal or any other structure or appurtenance or 2469
2949+equipment owned, leased or used in the operation of a railroad carrier 2470
2950+including a train, locomotive, engine, railroad car, signals or safety 2471
2951+device or work equipment or rolling stock; 2472
2952+(24) "Serious firearm offense" means a violation of section 29-36, 29-2473
2953+36a, as amended by this act, or 53-202w, as amended by this act, 2474
2954+possession of a stolen firearm or a firearm that is altered in a manner 2475
2955+that renders the firearm unlawful; and 2476
2956+(25) "Serious firearm offender" means a person who stands (A) twice 2477
2957+convicted of a serious firearm offense, (B) convicted of a serious firearm 2478
2958+offense and was previously convicted of a violation of section 29-36, 29-2479
2959+36a, as amended by this act, subdivision (1) of subsection (a) of section 2480
2960+53a-217, as amended by this act, or subdivision (1) of subsection (a) of 2481
2961+section 53a-217c, as amended by this act, or (C) convicted of a serious 2482
2962+firearm offense and was previously convicted of two or more additional 2483
2963+felony offenses. 2484
2964+Sec. 40. Section 53a-32 of the general statutes is repealed and the 2485
2965+following is substituted in lieu thereof (Effective October 1, 2023): 2486
2966+(a) At any time during the period of probation or conditional 2487
2967+discharge, the court or any judge thereof may issue a warrant for the 2488 Substitute Bill No. 6667
2968+
2969+
2970+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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2972+79 of 93
2973+
2974+arrest of a defendant for violation of any of the conditions of probation 2489
2975+or conditional discharge, or may issue a notice to appear to answer to a 2490
2976+charge of such violation, which notice shall be personally served upon 2491
2977+the defendant. Whenever a probation officer has probable cause to 2492
2978+believe that a person on probation who is a serious firearm offender has 2493
2979+violated a condition of probation, or knows that a person on probation 2494
2980+for a felony conviction has been arrested for the commission of a serious 2495
2981+firearm offense, such probation officer shall apply to the court or any 2496
2982+judge thereof for a warrant for the arrest of such person for violation of 2497
2983+a condition or conditions of probation or conditional discharge. Any 2498
2984+such warrant shall authorize all officers named therein to return the 2499
2985+defendant to the custody of the court or to any suitable detention facility 2500
2986+designated by the court. Whenever a probation officer has probable 2501
2987+cause to believe that a person has violated a condition of such person's 2502
2988+probation, such probation officer (1) may notify any police officer that 2503
2989+such person has, in such officer's judgment, violated the conditions of 2504
2990+such person's probation, and [such] (2) shall notify such police officer if 2505
2991+such person is a serious firearm offender or is on probation for a felony 2506
2992+conviction and has been arrested for the commission of a serious firearm 2507
2993+offense. Such notice shall be sufficient warrant for the police officer to 2508
2994+arrest such person and return such person to the custody of the court or 2509
2995+to any suitable detention facility designated by the court. Whenever a 2510
2996+probation officer so notifies a police officer, the probation officer shall 2511
2997+notify the victim of the offense for which such person is on probation, 2512
2998+and any victim advocate assigned to assist the victim, provided the 2513
2999+probation officer has been provided with the name and contact 2514
3000+information for such victim or victim advocate. Any probation officer 2515
3001+may arrest any defendant on probation without a warrant or may 2516
3002+deputize any other officer with power to arrest to do so by giving such 2517
3003+other officer a written statement setting forth that the defendant has, in 2518
3004+the judgment of the probation officer, violated the conditions of the 2519
3005+defendant's probation. Such written statement, delivered with the 2520
3006+defendant by the arresting officer to the official in charge of any 2521
3007+correctional center or other place of detention, shall be sufficient 2522
3008+warrant for the detention of the defendant. After making such an arrest, 2523 Substitute Bill No. 6667
3009+
3010+
3011+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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3013+80 of 93
3014+
3015+such probation officer shall present to the detaining authorities a similar 2524
3016+statement of the circumstances of violation. [Provisions] Except as 2525
3017+provided in subsection (e) of this section, provisions regarding release 2526
3018+on bail of persons charged with a crime shall be applicable to any 2527
3019+defendant arrested under the provisions of this section. Upon such 2528
3020+arrest and detention, the probation officer shall immediately so notify 2529
3021+the court or any judge thereof. 2530
3022+(b) When the defendant is presented for arraignment on the charge 2531
3023+of violation of any of the conditions of probation or conditional 2532
3024+discharge, the court shall review any conditions previously imposed on 2533
3025+the defendant and may order, as a condition of the pretrial release of the 2534
3026+defendant, that the defendant comply with any or all of such conditions 2535
3027+in addition to any conditions imposed pursuant to section 54-64a, as 2536
3028+amended by this act. Unless the court, pursuant to subsection (c) of 2537
3029+section 54-64a, as amended by this act, orders that the defendant remain 2538
3030+under the supervision of a probation officer or other designated person 2539
3031+or organization, the defendant shall be supervised by the Court Support 2540
3032+Services Division of the Judicial Branch in accordance with subsection 2541
3033+(a) of section 54-63b. 2542
3034+(c) Upon notification by the probation officer of the arrest of the 2543
3035+defendant or upon an arrest by warrant as herein provided, the court 2544
3036+shall cause the defendant to be brought before it without unnecessary 2545
3037+delay for a hearing on the violation charges. At such hearing the 2546
3038+defendant shall be informed of the manner in which such defendant is 2547
3039+alleged to have violated the conditions of such defendant's probation or 2548
3040+conditional discharge, shall be advised by the court that such defendant 2549
3041+has the right to retain counsel and, if indigent, shall be entitled to the 2550
3042+services of the public defender, and shall have the right to cross-examine 2551
3043+witnesses and to present evidence in such defendant's own behalf. 2552
3044+Unless good cause is shown, a charge of violation of any of the 2553
3045+conditions of probation or conditional discharge shall be disposed of or 2554
3046+scheduled for a hearing not later than one hundred twenty days after 2555
3047+the defendant is arraigned on such charge, except, if the defendant is a 2556 Substitute Bill No. 6667
3048+
3049+
3050+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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3052+81 of 93
3053+
3054+serious firearm offender, or is on probation for a felony conviction and 2557
3055+has been arrested for the commission of a serious firearm offense, such 2558
3056+charge shall be disposed of or scheduled for a hearing not later than 2559
3057+sixty days after the defendant is arraigned on such charge. 2560
3058+(d) If such violation is established and the violation consisted of the 2561
3059+commission of a serious firearm offense or the defendant is a serious 2562
3060+firearm offender, the court shall revoke the sentence of probation or 2563
3061+conditional discharge, otherwise, the court may: (1) Continue the 2564
3062+sentence of probation or conditional discharge; (2) modify or enlarge the 2565
3063+conditions of probation or conditional discharge; (3) extend the period 2566
3064+of probation or conditional discharge, provided the original period with 2567
3065+any extensions shall not exceed the periods authorized by section 2568
3066+53a-29; or (4) revoke the sentence of probation or conditional discharge. 2569
3067+If such sentence is revoked, the court shall require the defendant to serve 2570
3068+the sentence imposed or impose any lesser sentence. Any such lesser 2571
3069+sentence may include a term of imprisonment, all or a portion of which 2572
3070+may be suspended entirely or after a period set by the court, followed 2573
3071+by a period of probation with such conditions as the court may establish. 2574
3072+No such revocation shall be ordered, except upon consideration of the 2575
3073+whole record and unless such violation is established by the 2576
3074+introduction of reliable and probative evidence and by a preponderance 2577
3075+of the evidence. 2578
3076+(e) Provisions regarding release on bail of any serious firearm 2579
3077+offender arrested pursuant to this section who is charged with a crime, 2580
3078+or any felony offender arrested pursuant to this section for a serious 2581
3079+firearm offense, shall be applicable to such serious firearm offender 2582
3080+provided that, for the purpose of applying such provisions, there shall 2583
3081+be a rebuttable presumption that such serious firearm offender poses a 2584
3082+danger to the safety of other persons. 2585
3083+Sec. 41. Section 54-64a of the general statutes is repealed and the 2586
3084+following is substituted in lieu thereof (Effective October 1, 2023): 2587
3085+(a) (1) Except as provided in subdivision (2) of this subsection and 2588 Substitute Bill No. 6667
3086+
3087+
3088+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
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3090+82 of 93
3091+
3092+subsection (b) or (c) of this section, when any arrested person is 2589
3093+presented before the Superior Court, said court shall, in bailable 2590
3094+offenses, promptly order the release of such person upon the first of the 2591
3095+following conditions of release found sufficient to reasonably ensure the 2592
3096+appearance of the arrested person in court: (A) Upon execution of a 2593
3097+written promise to appear without special conditions, (B) upon 2594
3098+execution of a written promise to appear with nonfinancial conditions, 2595
3099+(C) upon execution of a bond without surety in no greater amount than 2596
3100+necessary, or (D) upon execution of a bond with surety in no greater 2597
3101+amount than necessary, but in no event shall a judge prohibit a bond 2598
3102+from being posted by surety. In addition to or in conjunction with any 2599
3103+of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 2600
3104+this subdivision the court may, when it has reason to believe that the 2601
3105+person is drug-dependent and where necessary, reasonable and 2602
3106+appropriate, order the person to submit to a urinalysis drug test and to 2603
3107+participate in a program of periodic drug testing and treatment. The 2604
3108+results of any such drug test shall not be admissible in any criminal 2605
3109+proceeding concerning such person. 2606
3110+(2) If the arrested person is charged with no offense other than a 2607
3111+misdemeanor, the court shall not impose financial conditions of release 2608
3112+on the person unless (A) the person is charged with a family violence 2609
3113+crime, as defined in section 46b-38a, or (B) the person requests such 2610
3114+financial conditions, or (C) the court makes a finding on the record that 2611
3115+there is a likely risk that (i) the arrested person will fail to appear in 2612
3116+court, as required, or (ii) the arrested person will obstruct or attempt to 2613
3117+obstruct justice, or threaten, injure or intimidate or attempt to threaten, 2614
3118+injure or intimidate a prospective witness or juror, or (iii) the arrested 2615
3119+person will engage in conduct that threatens the safety of himself or 2616
3120+herself or another person. In making a finding described in this 2617
3121+subsection, the court may consider past criminal history, including any 2618
3122+prior record of failing to appear as required in court that resulted in any 2619
3123+conviction for a violation of section 53a-172 or any conviction during the 2620
3124+previous ten years for a violation of section 53a-173 and any other 2621
3125+pending criminal cases of the person charged with a misdemeanor. 2622 Substitute Bill No. 6667
3126+
3127+
3128+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3129+R02-HB.docx }
3130+83 of 93
3131+
3132+(3) The court may, in determining what conditions of release will 2623
3133+reasonably ensure the appearance of the arrested person in court, 2624
3134+consider the following factors: (A) The nature and circumstances of the 2625
3135+offense, (B) such person's record of previous convictions, (C) such 2626
3136+person's past record of appearance in court, (D) such person's family 2627
3137+ties, (E) such person's employment record, (F) such person's financial 2628
3138+resources, character and mental condition, (G) such person's community 2629
3139+ties, and (H) in the case of a violation of section 53a-222a, as amended 2630
3140+by this act, when the condition of release was issued for a family 2631
3141+violence crime, as defined in section 46b-38a, the heightened risk posed 2632
3142+to victims of family violence by violations of conditions of release. 2633
3143+(b) (1) [When] Except as provided in subsection (c) of this section, any 2634
3144+arrested person charged with the commission of a class A felony, a class 2635
3145+B felony, except a violation of section 53a-86 or 53a-122, a class C felony, 2636
3146+except a violation of section 53a-87, 53a-152 or 53a-153, or a class D 2637
3147+felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-2638
3148+95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence 2639
3149+crime, as defined in section 46b-38a, is presented before the Superior 2640
3150+Court, said court shall, in bailable offenses, promptly order the release 2641
3151+of such person upon the first of the following conditions of release found 2642
3152+sufficient to reasonably ensure the appearance of the arrested person in 2643
3153+court and that the safety of any other person will not be endangered: (A) 2644
3154+Upon such person's execution of a written promise to appear without 2645
3155+special conditions, (B) upon such person's execution of a written 2646
3156+promise to appear with nonfinancial conditions, (C) upon such person's 2647
3157+execution of a bond without surety in no greater amount than necessary, 2648
3158+or (D) upon such person's execution of a bond with surety in no greater 2649
3159+amount than necessary, but in no event shall a judge prohibit a bond 2650
3160+from being posted by surety. In addition to or in conjunction with any 2651
3161+of the conditions enumerated in subparagraphs (A) to (D), inclusive, of 2652
3162+this subdivision, the court may, when it has reason to believe that the 2653
3163+person is drug-dependent and where necessary, reasonable and 2654
3164+appropriate, order the person to submit to a urinalysis drug test and to 2655
3165+participate in a program of periodic drug testing and treatment. The 2656 Substitute Bill No. 6667
3166+
3167+
3168+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3169+R02-HB.docx }
3170+84 of 93
3171+
3172+results of any such drug test shall not be admissible in any criminal 2657
3173+proceeding concerning such person. 2658
3174+(2) The court may, in determining what conditions of release will 2659
3175+reasonably ensure the appearance of the arrested person in court and 2660
3176+that the safety of any other person will not be endangered, consider the 2661
3177+following factors: (A) The nature and circumstances of the offense, (B) 2662
3178+such person's record of previous convictions, (C) such person's past 2663
3179+record of appearance in court after being admitted to bail, (D) such 2664
3180+person's family ties, (E) such person's employment record, (F) such 2665
3181+person's financial resources, character and mental condition, (G) such 2666
3182+person's community ties, (H) the number and seriousness of charges 2667
3183+pending against the arrested person, (I) the weight of the evidence 2668
3184+against the arrested person, (J) the arrested person's history of violence, 2669
3185+(K) whether the arrested person has previously been convicted of 2670
3186+similar offenses while released on bond, (L) the likelihood based upon 2671
3187+the expressed intention of the arrested person that such person will 2672
3188+commit another crime while released, and (M) the heightened risk 2673
3189+posed to victims of family violence by violations of conditions of release 2674
3190+and court orders of protection. 2675
3191+(3) When imposing conditions of release under this subsection, the 2676
3192+court shall state for the record any factors under subdivision (2) of this 2677
3193+subsection that it considered and the findings that it made as to the 2678
3194+danger, if any, that the arrested person might pose to the safety of any 2679
3195+other person upon the arrested person's release that caused the court to 2680
3196+impose the specific conditions of release that it imposed. 2681
3197+(c) (1) When any arrested person charged with the commission of a 2682
3198+serious firearm offense, as defined in section 53a-3, as amended by this 2683
3199+act, is (A) a serious firearm offender, (B) has two previous convictions 2684
3200+for a violation of section 29-35, as amended by this act, 29-36, 29-36a, as 2685
3201+amended by this act, 53-202, 53-202a, as amended by this act, 53-202b, 2686
3202+53-202c, 53-202w, as amended by this act, 53-202aa, 53-206i, 53a-54a, 2687
3203+53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-59, 53a-2688
3204+60, 53a-60a, 53a-134, 53a-212, 53a-216, 53a-217, as amended by this act, 2689 Substitute Bill No. 6667
3205+
3206+
3207+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3208+R02-HB.docx }
3209+85 of 93
3210+
3211+53a-217b or 53a-217c, as amended by this act, or (C) two or more 2690
3212+convictions during the five-year period immediately prior to the current 2691
3213+arrest for a violation of section 21a-277, 21a-278, 53a-122 or 53a-123, is 2692
3214+presented before the Superior Court, the court shall, in bailable offenses, 2693
3215+promptly order the release of such person after establishing a bond 2694
3216+amount found sufficient to reasonably ensure the appearance of the 2695
3217+arrested person in court, and that the safety of any other person will not 2696
3218+be endangered and upon such person's execution of a bond with or 2697
3219+without surety in no greater amount than necessary. The prosecutorial 2698
3220+official shall petition for the arrested person to deposit at least thirty per 2699
3221+cent of the bond amount directly with the court, and there shall be a 2700
3222+rebuttable presumption that the safety of other persons will be 2701
3223+endangered without the granting of such petition. Additionally, the 2702
3224+court may, when it has reason to believe that the person is drug-2703
3225+dependent and where necessary, reasonable and appropriate, order the 2704
3226+person to submit to a urinalysis drug test and to participate in a program 2705
3227+of periodic drug testing and treatment. The results of any such drug test 2706
3228+shall not be admissible in any criminal proceeding concerning such 2707
3229+person. 2708
3230+(2) When any arrested person charged with the commission of a 2709
3231+serious firearm offense, as defined in section 53a-3, as amended by this 2710
3232+act, other than a person described in subdivision (1) of this subsection, 2711
3233+is presented before the Superior Court, the court shall, in bailable 2712
3234+offenses, promptly order the release of such person upon the first of the 2713
3235+following conditions of release found sufficient to reasonably ensure the 2714
3236+appearance of the arrested person in court and that the safety of any 2715
3237+other person will not be endangered: (A) Upon such person's execution 2716
3238+of a written promise to appear without special conditions, (B) upon such 2717
3239+person's execution of a written promise to appear with nonfinancial 2718
3240+conditions, (C) upon such person's execution of a bond without surety 2719
3241+in no greater amount than necessary, or (D) upon such person's 2720
3242+execution of a bond with surety in no greater amount than necessary, 2721
3243+but in no event shall a judge prohibit a bond from being posted by 2722
3244+surety. The prosecutorial official may petition the court to deem such 2723 Substitute Bill No. 6667
3245+
3246+
3247+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3248+R02-HB.docx }
3249+86 of 93
3250+
3251+person a serious risk to the safety of another person or persons. The 2724
3252+prosecutorial official may present any information developed by 2725
3253+federal, state and local law enforcement agencies in the course of a 2726
3254+criminal investigation or enforcement action, including, but not limited 2727
3255+to, social media posts, pictures or videos threatening violence, claiming 2728
3256+responsibility for violence or suggesting possession of a firearm. If the 2729
3257+court finds that the arrested person poses a serious risk to the safety of 2730
3258+another person or persons, the arrested person may only be released 2731
3259+pursuant to subparagraph (C) or (D) of this subdivision and the arrested 2732
3260+person shall be required to deposit at least thirty per cent of any bond 2733
3261+amount directly with the court. Additionally, the court may, when it has 2734
3262+reason to believe that the person is drug-dependent and where 2735
3263+necessary, reasonable and appropriate, order the person to submit to a 2736
3264+urinalysis drug test and to participate in a program of periodic drug 2737
3265+testing and treatment. The results of any such drug test shall not be 2738
3266+admissible in any criminal proceeding concerning such person. 2739
3267+(3) The court may, in determining what conditions of release will 2740
3268+reasonably ensure the appearance of the arrested person in court and 2741
3269+that the safety of any other person will not be endangered, consider the 2742
3270+following factors: (A) The nature and circumstances of the offense, (B) 2743
3271+such person's record of previous convictions, (C) such person's past 2744
3272+record of appearances in court after being admitted to bail, (D) such 2745
3273+person's family ties, (E) such person's employment record, (F) such 2746
3274+person's financial resources, character and mental condition, (G) such 2747
3275+person's community ties, (H) the number and seriousness of charges 2748
3276+pending against the arrested person, (I) the weight of the evidence 2749
3277+against the arrested person, (J) the arrested person's history of violence, 2750
3278+(K) whether the arrested person has previously been convicted of 2751
3279+similar offenses while released on bond, and (L) the likelihood based 2752
3280+upon the expressed intention of the arrested person that such person 2753
3281+will commit another crime while released. 2754
3282+(4) When imposing conditions of release under this subsection, the 2755
3283+court shall state for the record any factors under subdivision (3) of this 2756 Substitute Bill No. 6667
3284+
3285+
3286+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3287+R02-HB.docx }
3288+87 of 93
3289+
3290+subsection that it considered and the findings that it made as to the 2757
3291+danger, if any, that the arrested person might pose to the safety of any 2758
3292+other person upon the arrested person's release that caused the court to 2759
3293+impose the specific conditions of release that the court imposed. 2760
3294+[(c)] (d) If the court determines that a nonfinancial condition of 2761
3295+release should be imposed pursuant to subparagraph (B) of subdivision 2762
3296+(1) of subsection (a) or (b) of this section, the court shall order the pretrial 2763
3297+release of the person subject to the least restrictive condition or 2764
3298+combination of conditions that the court determines will reasonably 2765
3299+ensure the appearance of the arrested person in court and, with respect 2766
3300+to the release of the person pursuant to subsection (b) or (c) of this 2767
3301+section, that the safety of any other person will not be endangered, 2768
3302+which conditions may include an order that the arrested person do one 2769
3303+or more of the following: (1) Remain under the supervision of a 2770
3304+designated person or organization; (2) comply with specified 2771
3305+restrictions on such person's travel, association or place of abode; (3) not 2772
3306+engage in specified activities, including the use or possession of a 2773
3307+dangerous weapon, an intoxicant or a controlled substance; (4) provide 2774
3308+sureties of the peace pursuant to section 54-56f under supervision of a 2775
3309+designated bail commissioner or intake, assessment and referral 2776
3310+specialist employed by the Judicial Branch; (5) avoid all contact with an 2777
3311+alleged victim of the crime and with a potential witness who may testify 2778
3312+concerning the offense; (6) maintain employment or, if unemployed, 2779
3313+actively seek employment; (7) maintain or commence an educational 2780
3314+program; (8) be subject to electronic monitoring; or (9) satisfy any other 2781
3315+condition that is reasonably necessary to ensure the appearance of the 2782
3316+person in court and that the safety of any other person will not be 2783
3317+endangered. The court shall state on the record its reasons for imposing 2784
3318+any such nonfinancial condition. 2785
3319+[(d)] (e) If the arrested person is not released, the court shall order 2786
3320+him committed to the custody of the Commissioner of Correction until 2787
3321+he is released or discharged in due course of law. 2788
3322+[(e)] (f) The court may require that the person subject to electronic 2789 Substitute Bill No. 6667
3323+
3324+
3325+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3326+R02-HB.docx }
3327+88 of 93
3328+
3329+monitoring pursuant to subsection [(c)] (d) of this section pay directly to 2790
3330+the electronic monitoring service provider a fee for the cost of such 2791
3331+electronic monitoring services. If the court finds that the person subject 2792
3332+to electronic monitoring is indigent and unable to pay the costs of 2793
3333+electronic monitoring services, the court shall waive such costs. Any 2794
3334+contract entered into by the Judicial Branch and the electronic 2795
3335+monitoring service provider shall include a provision stating that the 2796
3336+total cost for electronic monitoring services shall not exceed five dollars 2797
3337+per day. Such amount shall be indexed annually to reflect the rate of 2798
3338+inflation. 2799
3339+Sec. 42. Section 54-64f of the general statutes is repealed and the 2800
3340+following is substituted in lieu thereof (Effective October 1, 2023): 2801
3341+(a) Upon application by the prosecuting authority alleging that a 2802
3342+defendant has violated the conditions of the defendant's release, the 2803
3343+court may, if probable cause is found, order that the defendant appear 2804
3344+in court for an evidentiary hearing upon such allegations. An order to 2805
3345+appear shall be served upon the defendant by any law enforcement 2806
3346+officer delivering a copy to the defendant personally, or by leaving it at 2807
3347+the defendant's usual place of abode with a person of suitable age and 2808
3348+discretion then residing therein, or mailing it by registered or certified 2809
3349+mail to the last-known address of the defendant. 2810
3350+(b) [If] Except as provided in subsection (d) of this section, if the court, 2811
3351+after an evidentiary hearing at which hearsay or secondary evidence 2812
3352+shall be admissible, finds by clear and convincing evidence that the 2813
3353+defendant has violated reasonable conditions imposed on the 2814
3354+defendant's release it may impose different or additional conditions 2815
3355+upon the defendant's release. If the defendant is on release with respect 2816
3356+to an offense for which a term of imprisonment of ten or more years may 2817
3357+be imposed and the court, after an evidentiary hearing at which hearsay 2818
3358+or secondary evidence shall be admissible, finds by clear and convincing 2819
3359+evidence that the defendant has violated reasonable conditions of the 2820
3360+defendant's release and that the safety of any other person is 2821
3361+endangered while the defendant is on release, it may revoke such 2822 Substitute Bill No. 6667
3362+
3363+
3364+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3365+R02-HB.docx }
3366+89 of 93
3367+
3368+release. The revocation of a defendant's release pursuant to this 2823
3369+subsection shall cause any bond posted in the criminal proceeding to be 2824
3370+automatically terminated and the surety to be released. 2825
3371+(c) [If] Except as provided in subsection (d) of this section, if the 2826
3372+defendant is a serious firearm offender or is on release with respect to a 2827
3373+serious firearm offense as defined in section 53a-3, as amended by this 2828
3374+act, or the defendant is on release with respect to an offense for which a 2829
3375+term of imprisonment of ten or more years may be imposed and the 2830
3376+court, after an evidentiary hearing at which hearsay or secondary 2831
3377+evidence shall be admissible, finds by clear and convincing evidence 2832
3378+that the safety of any other person is endangered while the defendant is 2833
3379+on release and that there is probable cause to believe that the defendant 2834
3380+has committed a federal, state or local crime while on release, there shall 2835
3381+be a rebuttable presumption that the defendant's release should be 2836
3382+revoked. 2837
3383+(d) If the defendant is a serious firearm offender as defined in section 2838
3384+53a-3, as amended by this act, and is on release with respect to any 2839
3385+offense and the court, after an evidentiary hearing at which hearsay or 2840
3386+secondary evidence shall be admissible, finds by the preponderance of 2841
3387+the evidence that there is probable cause to believe that the defendant 2842
3388+has committed a serious firearm offense, as defined in section 53a-3, as 2843
3389+amended by this act, while on release, or if the defendant is on release 2844
3390+with respect to any offense referenced in subsection (c) of section 54-64a, 2845
3391+as amended by this act, and the court, after an evidentiary hearing at 2846
3392+which hearsay or secondary evidence shall be admissible, finds by the 2847
3393+preponderance of evidence that there is probable cause to believe that 2848
3394+the defendant has committed a serious firearm offense, the defendant's 2849
3395+release shall be revoked. 2850
3396+[(d)] (e) The revocation of a defendant's release pursuant to this 2851
3397+section shall cause any bond posted in the criminal proceeding to be 2852
3398+automatically terminated and the surety to be released. 2853
3399+(f) If the defendant commits a serious firearm offense while on 2854 Substitute Bill No. 6667
3400+
3401+
3402+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3403+R02-HB.docx }
3404+90 of 93
3405+
3406+pretrial release and is subsequently convicted of any offense for which 2855
3407+the defendant was on pretrial release and a serious firearm offense 2856
3408+committed while on pretrial release, any bond posted in the criminal 2857
3409+proceeding for the offense for which the defendant was on pretrial 2858
3410+release shall be forfeited. 2859
3411+Sec. 43. Section 54-127 of the general statutes is repealed and the 2860
3412+following is substituted in lieu thereof (Effective October 1, 2023): 2861
3413+The request of the Commissioner of Correction or any officer of the 2862
3414+Department of Correction so designated by the commissioner, or of the 2863
3415+Board of Pardons and Paroles or its chairman shall be sufficient warrant 2864
3416+to authorize any officer of the Department of Correction or any officer 2865
3417+authorized by law to serve criminal process within this state, to return 2866
3418+any [convict or inmate] parolee on parole into actual custody; and any 2867
3419+such officer, police officer, constable or state marshal shall arrest and 2868
3420+hold any parolee [or inmate] when so requested, without any written 2869
3421+warrant, and the commissioner shall make such request if the parolee is 2870
3422+a serious firearm offender, as defined in section 53a-3, as amended by 2871
3423+this act, and is arrested while on parole for a felony offense, or if the 2872
3424+parolee is arrested for a serious firearm offense as defined in section 53a-2873
3425+3, as amended by this act. 2874
3426+Sec. 44. (NEW) (Effective from passage) (a) For the purposes of this 2875
3427+section, "firearm-related crime docket" means a docket in a geographical 2876
3428+area separate and apart from other criminal matters for the hearing of 2877
3429+firearm-related matters. 2878
3430+(b) Not later than December 31, 2023, the Chief Court Administrator 2879
3431+shall establish a firearm-related crime docket to serve the geographical 2880
3432+area courts in Fairfield, Hartford, New Haven and Waterbury. The Chief 2881
3433+Court Administrator shall establish policies and procedures to 2882
3434+implement such firearm-related crime docket. 2883
3435+Sec. 45. (NEW) (Effective October 1, 2023) Notwithstanding any 2884
3436+provision of the general statutes, any peace officer who is a sworn 2885 Substitute Bill No. 6667
3437+
3438+
3439+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3440+R02-HB.docx }
3441+91 of 93
3442+
3443+member of a law enforcement agency or any prosecutorial official who 2886
3444+is aware of any person released on parole or serving probation who 2887
3445+poses a serious threat to public safety, may file an emergency petition 2888
3446+with the supervisory staff of the probation or parole office, as applicable, 2889
3447+and a copy of such petition with the office of the Chief State's Attorney. 2890
3448+Such petition shall cite risk factors pointing to the person released on 2891
3449+parole or serving probation as a serious threat to public safety and may 2892
3450+present any information developed by federal, state and local law 2893
3451+enforcement agencies in the course of a criminal investigation or 2894
3452+enforcement action, including, but not limited to, social media posts, 2895
3453+pictures or videos threatening violence, claiming responsibility for 2896
3454+violence or suggesting possession of a firearm. Not later than forty-eight 2897
3455+hours after receiving such petition, the supervisory staff of the probation 2898
3456+or parole office, as applicable, shall (1) seek a warrant for such person 2899
3457+serving probation for a violation of such probation, as applicable, or (2) 2900
3458+provide the rationale for not taking an action described in subdivision 2901
3459+(1) of this section. 2902
3460+Sec. 46. Subsection (a) of section 53a-222 of the general statutes is 2903
3461+repealed and the following is substituted in lieu thereof (Effective October 2904
3462+1, 2023): 2905
3463+(a) A person is guilty of violation of conditions of release in the first 2906
3464+degree when, while charged with the commission of a felony, such 2907
3465+person is released pursuant to subsection (b) of section 54-63c, 2908
3466+subsection (c) of section 54-63d or subsection [(c)] (d) of section 54-64a, 2909
3467+as amended by this act, and intentionally violates one or more of the 2910
3468+imposed conditions of release. 2911
3469+Sec. 47. Subsection (a) of section 53a-222a of the general statutes is 2912
3470+repealed and the following is substituted in lieu thereof (Effective October 2913
3471+1, 2023): 2914
3472+(a) A person is guilty of violation of conditions of release in the 2915
3473+second degree when, while charged with the commission of a 2916
3474+misdemeanor or motor vehicle violation for which a sentence to a term 2917 Substitute Bill No. 6667
3475+
3476+
3477+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3478+R02-HB.docx }
3479+92 of 93
3480+
3481+of imprisonment may be imposed, such person is released pursuant to 2918
3482+subsection (b) of section 54-63c, subsection (c) of section 54-63d or 2919
3483+subsection [(c)] (d) of section 54-64a, as amended by this act, and 2920
3484+intentionally violates one or more of the imposed conditions of release. 2921
3485+Sec. 48. Section 53-202m of the general statutes is repealed. (Effective 2922
3486+from passage) 2923
3487+This act shall take effect as follows and shall amend the following
3488+sections:
3489+
3490+Section 1 October 1, 2023 29-35
3491+Sec. 2 from passage 29-36a
3492+Sec. 3 from passage 29-33
3493+Sec. 4 July 1, 2023 29-28(a)
3494+Sec. 5 July 1, 2023 29-28(d)
3495+Sec. 6 July 1, 2023 29-30(a)
3496+Sec. 7 October 1, 2023 29-31
3497+Sec. 8 October 1, 2023 29-32b(b)
3498+Sec. 9 October 1, 2023 29-33
3499+Sec. 10 October 1, 2023 29-36l
3500+Sec. 11 October 1, 2023 29-37a
3501+Sec. 12 October 1, 2023 29-37i
3502+Sec. 13 October 1, 2023 29-38b
3503+Sec. 14 October 1, 2023 29-38m
3504+Sec. 15 from passage 53-202f(d) to (f)
3505+Sec. 16 October 1, 2023 53-202w(a)
3506+Sec. 17 October 1, 2023 53-202x(e)
3507+Sec. 18 October 1, 2023 54-36e(b)
3508+Sec. 19 from passage 53-202l(e)
3509+Sec. 20 from passage 53-202w(g)
3510+Sec. 21 from passage 53-206g(f)
3511+Sec. 22 October 1, 2023 53a-217a
3512+Sec. 23 from passage 54-66a
3513+Sec. 24 from passage 54-280(8)
3514+Sec. 25 from passage 53-202a
3515+Sec. 26 from passage 53-202c
3516+Sec. 27 from passage 53-202d(a) and (b)
3517+Sec. 28 from passage 29-36n(b) Substitute Bill No. 6667
3518+
3519+
3520+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06667-
3521+R02-HB.docx }
3522+93 of 93
3523+
3524+Sec. 29 October 1, 2023 53-202w(c)
3525+Sec. 30 October 1, 2023 29-37p(a) and (b)
3526+Sec. 31 October 1, 2023 29-28(b)
3527+Sec. 32 January 1, 2024 New section
3528+Sec. 33 October 1, 2023 29-36f(b)
3529+Sec. 34 October 1, 2023 53a-217
3530+Sec. 35 October 1, 2023 53a-217c
3531+Sec. 36 October 1, 2023 29-37b(a)
3532+Sec. 37 July 1, 2023 53-205(a)
3533+Sec. 38 October 1, 2023 53-341b
3534+Sec. 39 October 1, 2023 53a-3
3535+Sec. 40 October 1, 2023 53a-32
3536+Sec. 41 October 1, 2023 54-64a
3537+Sec. 42 October 1, 2023 54-64f
3538+Sec. 43 October 1, 2023 54-127
3539+Sec. 44 from passage New section
3540+Sec. 45 October 1, 2023 New section
3541+Sec. 46 October 1, 2023 53a-222(a)
3542+Sec. 47 October 1, 2023 53a-222a(a)
3543+Sec. 48 from passage Repealer section
3544+
3545+
3546+JUD Joint Favorable Subst.
3547+APP Joint Favorable
33843548