LCO No. 4130 1 of 13 General Assembly Raised Bill No. 6684 January Session, 2023 LCO No. 4130 Referred to Committee on PUBLIC SAFETY AND SECURITY Introduced by: (PS) AN ACT EXCLUDING CERTAIN TARGET SHOOTING PISTOLS FROM PROVISIONS ON ASSAULT WEAPONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2023) (a) Not later than October 1, 1 2023, the Commissioner of Emergency Services and Public Protection 2 shall (1) identify semiautomatic pistols that are defined as assault 3 weapons in any provision of subparagraphs (B) to (F), inclusive, of 4 subdivision (1) of section 53-202a of the general statutes and are 5 designed for use in target shooting that are sanctioned by a United 6 States or international target shooting organization or for use in the 7 Olympic Games, and (2) post a list of such pistols on the Internet web 8 site of the Department of Emergency Services and Public Protection. 9 Such list shall be used for the purposes of identifying semiautomatic 10 pistols that may be sold pursuant to subdivision (4) of subsection (b) of 11 section 53-202b of the general statutes, as amended by this act, or that 12 may be possessed pursuant to subsection (f) of section 53-202c of the 13 general statutes, as amended by this act, or subparagraph (A) of 14 subdivision (2) of subsection (a) or subdivision (7) of subsection (f) of 15 section 53-202d of the general statutes, as amended by this act. 16 Raised Bill No. 6684 LCO No. 4130 2 of 13 (b) The commissioner shall review the list posted pursuant to 17 subsection (a) of this section not less frequently than annually and make 18 any revisions to such list as the commissioner deems necessary. 19 Sec. 2. Section 53-202b of the general statutes is repealed and the 20 following is substituted in lieu thereof (Effective October 1, 2023): 21 (a) (1) Any person who, within this state, distributes, transports or 22 imports into the state, keeps for sale, or offers or exposes for sale, or who 23 gives any assault weapon, except as provided by sections 53-202a to 53-24 202k, inclusive, shall be guilty of a class C felony and shall be sentenced 25 to a term of imprisonment of which two years may not be suspended or 26 reduced by the court. 27 (2) Any person who transfers, sells or gives any assault weapon to a 28 person under eighteen years of age in violation of subdivision (1) of this 29 subsection shall be sentenced to a term of imprisonment of six years, 30 which shall not be suspended or reduced by the court and shall be in 31 addition and consecutive to the term of imprisonment imposed under 32 subdivision (1) of this subsection. 33 (b) The provisions of subsection (a) of this section shall not apply to: 34 (1) The sale of assault weapons to: (A) The Department of Emergency 35 Services and Public Protection, police departments, the Department of 36 Correction, the Division of Criminal Justice, the Department of Motor 37 Vehicles, the Department of Energy and Environmental Protection or 38 the military or naval forces of this state or of the United States, [;](B) a 39 sworn and duly certified member of an organized police department, 40 the Division of State Police within the Department of Emergency 41 Services and Public Protection or the Department of Correction, a chief 42 inspector or inspector in the Division of Criminal Justice, a salaried 43 inspector of motor vehicles designated by the Commissioner of Motor 44 Vehicles, a conservation officer or special conservation officer appointed 45 by the Commissioner of Energy and Environmental Protection pursuant 46 to section 26-5, or a constable who is certified by the Police Officer 47 Standards and Training Council and appointed by the chief executive 48 Raised Bill No. 6684 LCO No. 4130 3 of 13 authority of a town, city or borough to perform criminal law 49 enforcement duties, pursuant to a letter on the letterhead of such 50 department, division, commissioner or authority authorizing the 51 purchase and stating that the sworn member, inspector, officer or 52 constable will use the assault weapon in the discharge of official duties, 53 and that a records check indicates that the sworn member, inspector, 54 officer or constable has not been convicted of a crime of family violence, 55 for use by such sworn member, inspector, officer or constable in the 56 discharge of such sworn member's, inspector's, officer's or constable's 57 official duties or when off duty, (C) a member of the military or naval 58 forces of this state or of the United States, or (D) a nuclear facility 59 licensed by the United States Nuclear Regulatory Commission for the 60 purpose of providing security services at such facility, or any contractor 61 or subcontractor of such facility for the purpose of providing security 62 services at such facility; 63 (2) A person who is the executor or administrator of an estate that 64 includes an assault weapon for which a certificate of possession has 65 been issued under section 53-202d, as amended by this act, which is 66 disposed of as authorized by the Probate Court, if the disposition is 67 otherwise permitted by sections 53-202a to 53-202k, inclusive; 68 (3) The transfer of an assault weapon for which a certificate of 69 possession has been issued under section 53-202d, as amended by this 70 act, by bequest or intestate succession, or, upon the death of a testator 71 or settlor: (A) To a trust, or (B) from a trust to a beneficiary who is 72 eligible to possess the assault weapon; 73 (4) The sale of a semiautomatic pistol that is defined as an assault 74 weapon in any provision of subparagraphs (B) to (F), inclusive, of 75 subdivision (1) of section 53-202a that the Commissioner of Emergency 76 Services and Public Protection [designates as being designed expressly 77 for use in target shooting events at the Olympic games sponsored by the 78 International Olympic Committee pursuant to regulations adopted 79 under this subdivision] identifies on a list posted on the Internet web 80 site of the Department of Emergency Services and Public Protection 81 Raised Bill No. 6684 LCO No. 4130 4 of 13 pursuant to section 1 of this act, and for which the purchaser signs a 82 form prescribed by the commissioner and provided by the seller that 83 indicates that the pistol will be used by the purchaser primarily for 84 target shooting practice and events. [The Commissioner of Emergency 85 Services and Public Protection shall adopt regulations, in accordance 86 with chapter 54, to designate semiautomatic pistols that are defined as 87 assault weapons in any provision of subparagraphs (B) to (F), inclusive, 88 of subdivision (1) of section 53-202a that may be sold pursuant to this 89 subdivision, provided the use of such pistols is sanctioned by the 90 International Olympic Committee and USA Shooting, or any 91 subsequent corresponding governing board for international shooting 92 competition in the United States.] 93 Sec. 3. Section 53-202c of the general statutes is repealed and the 94 following is substituted in lieu thereof (Effective October 1, 2023): 95 (a) Except as provided in section 53-202e, any person who, within this 96 state, possesses an assault weapon, except as provided in sections 53-97 202a to 53-202k, inclusive, and 53-202o, shall be guilty of a class D felony 98 and shall be sentenced to a term of imprisonment of which one year may 99 not be suspended or reduced by the court, except that a first-time 100 violation of this subsection shall be a class A misdemeanor if (1) the 101 person presents proof that such person lawfully possessed the assault 102 weapon (A) prior to October 1, 1993, with respect to an assault weapon 103 described in subparagraph (A) of subdivision (1) of section 53-202a, or 104 (B) on April 4, 2013, under the provisions of sections 53-202a to 53-202k, 105 inclusive, in effect on January 1, 2013, with respect to an assault weapon 106 described in any provision of subparagraphs (B) to (F), inclusive, of 107 subdivision (1) of section 53-202a, and (2) the person has otherwise 108 possessed the assault weapon in compliance with subsection (f) of 109 section 53-202d, as amended by this act. 110 (b) The provisions of subsection (a) of this section shall not apply to 111 the possession of assault weapons by: (1) The Department of Emergency 112 Services and Public Protection, police departments, the Department of 113 Correction, the Division of Criminal Justice, the Department of Motor 114 Raised Bill No. 6684 LCO No. 4130 5 of 13 Vehicles, the Department of Energy and Environmental Protection or 115 the military or naval forces of this state or of the United States, (2) a 116 sworn and duly certified member of an organized police department, 117 the Division of State Police within the Department of Emergency 118 Services and Public Protection or the Department of Correction, a chief 119 inspector or inspector in the Division of Criminal Justice, a salaried 120 inspector of motor vehicles designated by the Commissioner of Motor 121 Vehicles, a conservation officer or special conservation officer appointed 122 by the Commissioner of Energy and Environmental Protection pursuant 123 to section 26-5, or a constable who is certified by the Police Officer 124 Standards and Training Council and appointed by the chief executive 125 authority of a town, city or borough to perform criminal law 126 enforcement duties, for use by such sworn member, inspector, officer or 127 constable in the discharge of such sworn member's, inspector's, officer's 128 or constable's official duties or when off duty, (3) a member of the 129 military or naval forces of this state or of the United States, or (4) a 130 nuclear facility licensed by the United States Nuclear Regulatory 131 Commission for the purpose of providing security services at such 132 facility, or any contractor or subcontractor of such facility for the 133 purpose of providing security services at such facility. 134 (c) The provisions of subsection (a) of this section shall not apply to 135 the possession of an assault weapon described in subparagraph (A) of 136 subdivision (1) of section 53-202a by any person prior to July 1, 1994, if 137 all of the following are applicable: 138 (1) The person is eligible under sections 53-202a to 53-202k, inclusive, 139 to apply for a certificate of possession for the assault weapon by July 1, 140 1994; 141 (2) The person lawfully possessed the assault weapon prior to 142 October 1, 1993; and 143 (3) The person is otherwise in compliance with sections 53-202a to 53-144 202k, inclusive. 145 (d) The provisions of subsection (a) of this section shall not apply to 146 Raised Bill No. 6684 LCO No. 4130 6 of 13 the possession of an assault weapon described in any provision of 147 subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a 148 by any person prior to April 5, 2013, if all of the following are applicable: 149 (1) The person is eligible under sections 53-202a to 53-202k, inclusive, 150 to apply for a certificate of possession for the assault weapon by January 151 1, 2014; 152 (2) The person lawfully possessed the assault weapon on April 4, 153 2013, under the provisions of sections 53-202a to 53-202k, inclusive, in 154 effect on January 1, 2013; and 155 (3) The person is otherwise in compliance with sections 53-202a to 53-156 202k, inclusive. 157 (e) The provisions of subsection (a) of this section shall not apply to a 158 person who is the executor or administrator of an estate that includes an 159 assault weapon, or the trustee of a trust that includes an assault weapon, 160 for which a certificate of possession has been issued under section 53-161 202d, as amended by this act, if the assault weapon is possessed at a 162 place set forth in subdivision (1) of subsection (f) of section 53-202d, as 163 amended by this act, or as authorized by the Probate Court. 164 (f) The provisions of subsection (a) of this section shall not apply to 165 the possession of a semiautomatic pistol that is defined as an assault 166 weapon in any provision of subparagraphs (B) to (F), inclusive, of 167 subdivision (1) of section 53-202a that the Commissioner of Emergency 168 Services and Public Protection [designates as being designed expressly 169 for use in target shooting events at the Olympic games sponsored by the 170 International Olympic Committee pursuant to regulations adopted 171 under subdivision (4) of subsection (b) of section 53-202b] identifies on 172 a list posted on the Internet web site of the Department of Emergency 173 Services and Public Protection pursuant to section 1 of this act, that is 174 (1) possessed and transported in accordance with subsection (f) of 175 section 53-202d, as amended by this act, or (2) possessed at or 176 transported to or from a collegiate, Olympic or target pistol shooting 177 competition in this state which is sponsored by, conducted under the 178 Raised Bill No. 6684 LCO No. 4130 7 of 13 auspices of, or approved by a law enforcement agency or a nationally or 179 state recognized entity that fosters proficiency in, or promotes education 180 about, firearms, provided such pistol is transported in the manner 181 prescribed in subsection (a) of section 53-202f. 182 Sec. 4. Section 53-202d of the general statutes is repealed and the 183 following is substituted in lieu thereof (Effective October 1, 2023): 184 (a) (1) (A) Except as provided in subparagraph (B) of this subdivision, 185 any person who lawfully possesses an assault weapon, as defined in 186 subparagraph (A) of subdivision (1) of section 53-202a, prior to October 187 1, 1993, shall apply by October 1, 1994, or, if such person is a member of 188 the military or naval forces of this state or of the United States and is 189 unable to apply by October 1, 1994, because such member is or was on 190 official duty outside of this state, shall apply within ninety days of 191 returning to the state to the Department of Emergency Services and 192 Public Protection, for a certificate of possession with respect to such 193 assault weapon. 194 (B) No person who lawfully possesses an assault weapon pursuant to 195 subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 196 by this act, shall be required to obtain a certificate of possession 197 pursuant to this subdivision with respect to an assault weapon used for 198 official duties, except that any person described in subdivision (2) of 199 subsection (b) of section 53-202c, as amended by this act, who purchases 200 an assault weapon, as defined in subparagraph (A) of subdivision (1) of 201 section 53-202a, for use in the discharge of official duties who retires or 202 is otherwise separated from service shall apply within ninety days of 203 such retirement or separation from service to the Department of 204 Emergency Services and Public Protection for a certificate of possession 205 with respect to such assault weapon. 206 (2) (A) Except as provided in subparagraph (B) of this subdivision, 207 any person who lawfully possesses an assault weapon, as defined in any 208 provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 209 section 53-202a, on April 4, 2013, under the provisions of sections 53-210 Raised Bill No. 6684 LCO No. 4130 8 of 13 202a to 53-202k, inclusive, in effect on January 1, 2013, or any person 211 who regains possession of an assault weapon as defined in any 212 provision of said subparagraphs pursuant to subsection (e) of section 213 53-202f, or any person who lawfully purchases a firearm on or after 214 April 4, 2013, but prior to June 18, 2013, that meets the criteria set forth 215 in subdivision (3) or (4) of subsection (a) of section 53-202a of the general 216 statutes, revision of 1958, revised to January 1, 2013, shall apply by 217 January 1, 2014, or, if such person is a member of the military or naval 218 forces of this state or of the United States and is unable to apply by 219 January 1, 2014, because such member is or was on official duty outside 220 of this state, shall apply within ninety days of returning to the state to 221 the Department of Emergency Services and Public Protection for a 222 certificate of possession with respect to such assault weapon. Any 223 person who lawfully purchases a semiautomatic pistol that is defined as 224 an assault weapon in any provision of subparagraphs (B) to (F), 225 inclusive, of subdivision (1) of section 53-202a that the Commissioner of 226 Emergency Services and Public Protection [designates as being 227 designed expressly for use in target shooting events at the Olympic 228 games sponsored by the International Olympic Committee pursuant to 229 regulations adopted under subdivision (4) of subsection (b) of section 230 53-202b] identifies on a list posted on the Internet web site of the 231 Department of Emergency Services and Public Protection pursuant to 232 section 1 of this act, shall apply within ninety days of such purchase to 233 the Department of Emergency Services and Public Protection for a 234 certificate of possession with respect to such assault weapon. 235 (B) No person who lawfully possesses an assault weapon pursuant to 236 subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 237 by this act, shall be required to obtain a certificate of possession 238 pursuant to this subdivision with respect to an assault weapon used for 239 official duties, except that any person described in subdivision (2) of 240 subsection (b) of section 53-202c, as amended by this act, who purchases 241 an assault weapon, as defined in any provision of subparagraphs (B) to 242 (F), inclusive, of subdivision (1) of section 53-202a for use in the 243 discharge of official duties who retires or is otherwise separated from 244 Raised Bill No. 6684 LCO No. 4130 9 of 13 service shall apply within ninety days of such retirement or separation 245 from service to the Department of Emergency Services and Public 246 Protection for a certificate of possession with respect to such assault 247 weapon. 248 (3) Any person who obtained a certificate of possession for an assault 249 weapon, as defined in subparagraph (A) of subdivision (1) of section 53-250 202a, prior to April 5, 2013, that is defined as an assault weapon 251 pursuant to any provision of subparagraphs (B) to (F), inclusive, of 252 subdivision (1) of section 53-202a shall be deemed to have obtained a 253 certificate of possession for such assault weapon for the purposes of 254 sections 53-202a to 53-202k, inclusive, and shall not be required to obtain 255 a subsequent certificate of possession for such assault weapon. 256 (4) The certificate of possession shall contain a description of the 257 firearm that identifies it uniquely, including all identification marks, the 258 full name, address, date of birth and thumbprint of the owner, and any 259 other information as the department may deem appropriate. 260 (5) The department shall adopt regulations, in accordance with the 261 provisions of chapter 54, to establish procedures with respect to the 262 application for and issuance of certificates of possession pursuant to this 263 section. Notwithstanding the provisions of sections 1-210 and 1-211, the 264 name and address of a person issued a certificate of possession shall be 265 confidential and shall not be disclosed, except such records may be 266 disclosed to (A) law enforcement agencies and employees of the United 267 States Probation Office acting in the performance of their duties and 268 parole officers within the Department of Correction acting in the 269 performance of their duties, and (B) the Commissioner of Mental Health 270 and Addiction Services to carry out the provisions of subsection (c) of 271 section 17a-500. 272 (b) (1) No assault weapon, as defined in subparagraph (A) of 273 subdivision (1) of section 53-202a, possessed pursuant to a certificate of 274 possession issued under this section may be sold or transferred on or 275 after January 1, 1994, to any person within this state other than to a 276 Raised Bill No. 6684 LCO No. 4130 10 of 13 licensed gun dealer, as defined in subsection (f) of section 53-202f, or as 277 provided in section 53-202e, or by bequest or intestate succession, or, 278 upon the death of a testator or settlor: (A) To a trust, or (B) from a trust 279 to a beneficiary who is eligible to possess the assault weapon. 280 (2) No assault weapon, as defined in any provision of subparagraphs 281 (B) to (F), inclusive, of subdivision (1) of section 53-202a, possessed 282 pursuant to a certificate of possession issued under this section may be 283 sold or transferred on or after April 5, 2013, to any person within this 284 state other than to a licensed gun dealer, as defined in subsection (f) of 285 section 53-202f, or as provided in section 53-202e, or by bequest or 286 intestate succession, or, upon the death of a testator or settlor: (A) To a 287 trust, or (B) from a trust to a beneficiary who is eligible to possess the 288 assault weapon. 289 (c) Any person who obtains title to an assault weapon for which a 290 certificate of possession has been issued under this section by bequest 291 or intestate succession shall, within ninety days of obtaining title, apply 292 to the Department of Emergency Services and Public Protection for a 293 certificate of possession as provided in subsection (a) of this section, 294 render the assault weapon permanently inoperable, sell the assault 295 weapon to a licensed gun dealer or remove the assault weapon from the 296 state. 297 (d) Any person who moves into the state in lawful possession of an 298 assault weapon, shall, within ninety days, either render the assault 299 weapon permanently inoperable, sell the assault weapon to a licensed 300 gun dealer or remove the assault weapon from this state, except that any 301 person who is a member of the military or naval forces of this state or of 302 the United States, is in lawful possession of an assault weapon and has 303 been transferred into the state after October 1, 1994, may, within ninety 304 days of arriving in the state, apply to the Department of Emergency 305 Services and Public Protection for a certificate of possession with respect 306 to such assault weapon. 307 (e) If an owner of an assault weapon sells or transfers the assault 308 Raised Bill No. 6684 LCO No. 4130 11 of 13 weapon to a licensed gun dealer, such dealer shall, at the time of 309 delivery of the assault weapon, execute a certificate of transfer and cause 310 the certificate of transfer to be mailed or delivered to the Commissioner 311 of Emergency Services and Public Protection. The certificate of transfer 312 shall contain: (1) The date of sale or transfer; (2) the name and address 313 of the seller or transferor and the licensed gun dealer, their Social 314 Security numbers or motor vehicle operator license numbers, if 315 applicable; (3) the licensed gun dealer's federal firearms license number 316 and seller's permit number; (4) a description of the assault weapon, 317 including the caliber of the assault weapon and its make, model and 318 serial number; and (5) any other information the commissioner 319 prescribes. The licensed gun dealer shall present such dealer's motor 320 vehicle operator's license or Social Security card, federal firearms license 321 and seller's permit to the seller or transferor for inspection at the time of 322 purchase or transfer. The Commissioner of Emergency Services and 323 Public Protection shall maintain a file of all certificates of transfer at the 324 commissioner's central office. 325 (f) Any person who has been issued a certificate of possession for an 326 assault weapon under this section may possess the assault weapon only 327 under the following conditions: 328 (1) At that person's residence, place of business or other property 329 owned by that person, or on property owned by another person with 330 the owner's express permission; 331 (2) While on the premises of a target range of a public or private club 332 or organization organized for the purpose of practicing shooting at 333 targets; 334 (3) While on a target range which holds a regulatory or business 335 license for the purpose of practicing shooting at that target range; 336 (4) While on the premises of a licensed shooting club; 337 (5) While attending any exhibition, display or educational project 338 which is about firearms and which is sponsored by, conducted under 339 Raised Bill No. 6684 LCO No. 4130 12 of 13 the auspices of, or approved by a law enforcement agency or a 340 nationally or state recognized entity that fosters proficiency in, or 341 promotes education about, firearms; 342 (6) While transporting the assault weapon between any of the places 343 set forth in this subsection, or to any licensed gun dealer, as defined in 344 subsection (f) of section 53-202f, for servicing or repair pursuant to 345 subsection (c) of section 53-202f, provided the assault weapon is 346 transported as required by section 53-202f; 347 (7) With respect to a nonresident of this state, while transporting a 348 semiautomatic pistol that is defined as an assault weapon in any 349 provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 350 section 53-202a that the Commissioner of Emergency Services and 351 Public Protection [designates as being designed expressly for use in 352 target shooting events at the Olympic games sponsored by the 353 International Olympic Committee pursuant to regulations adopted 354 under subdivision (4) of subsection (b) of section 53-202b] identifies on 355 a list posted on the Internet web site of the Department of Emergency 356 Services and Public Protection pursuant to section 1 of this act, into or 357 through this state in order to attend any exhibition, display or 358 educational project described in subdivision (5) of this subsection, or to 359 participate in a collegiate, Olympic or target pistol shooting competition 360 in this state which is sponsored by, conducted under the auspices of, or 361 approved by a law enforcement agency or a nationally or state 362 recognized entity that fosters proficiency in, or promotes education 363 about, firearms, provided (A) such pistol is transported into or through 364 this state not more than forty-eight hours prior to or after such 365 exhibition, display, project or competition, (B) such pistol is unloaded 366 and carried in a locked carrying case and the ammunition for such pistol 367 is carried in a separate locked container, (C) such nonresident has not 368 been convicted of a felony in this state or of an offense in another state 369 that would constitute a felony if committed in this state, and (D) such 370 nonresident has in his or her possession a pistol permit or firearms 371 registration card if such permit or card is required for possession of such 372 pistol under the laws of his or her state of residence. 373 Raised Bill No. 6684 LCO No. 4130 13 of 13 Sec. 5. (Effective October 1, 2023) Notwithstanding the provisions of 374 chapter 54 of the general statutes, sections 53-202b-1 to 53-202b-5, 375 inclusive, of the regulations of Connecticut state agencies are repealed. 376 Sec. 6. (Effective October 1, 2023) Not later than January 1, 2024, the 377 Secretary of the State shall update the official compilation of the 378 regulations of Connecticut state agencies posted on the eRegulations 379 System to comply with the provisions of chapter 54 of the general 380 statutes and section 5 of this act.381 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2023 New section Sec. 2 October 1, 2023 53-202b Sec. 3 October 1, 2023 53-202c Sec. 4 October 1, 2023 53-202d Sec. 5 October 1, 2023 New section Sec. 6 October 1, 2023 New section Statement of Purpose: To require the Commissioner of Emergency Services and Public Protection to publish a list excluding certain target shooting pistols from the provisions on assault weapons, and repeal existing regulations regarding such pistols. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]