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OLR Bill Analysis
sHB 6817
AN ACT CONCERNING A TEMPORARY PERMIT TO CARRY A
PISTOL OR REVOLVER, A RESPONSE PLAN FOR A MASS
SHOOTING EVENT, AND THE POSTING OF A PERSON'S RIGHTS
ASSOCIATED WITH OWNING, POSSESSING AND CARRYING A
FIREARM.
SUMMARY
This bill makes changes affecting handgun (pistol) carry permits, the
state’s response to mass shooting events, and police notices of certain
firearm-related rights.
It requires the Department of Emergency Services and Public
Protection (DESPP) commissioner to make a decision on a handgun
permit application if the applicant presents an affidavit that the local
authority failed to expressly deny a temporary state permit application
during the required timeframe. Among other things, it also requires the
local authority or DESPP to give a detailed written response when
denying an application.
The bill requires DESPP’s civil preparedness plan to include a
response plan for a mass shooting event, which the bill describes as a
shooting of four or more people within a three-mile radius within 24
hours. The response plan must include coordination between certain
parties to determine, among other things, what led to the shooting. This
group must report to the DESPP commissioner, who then must report
to the governor and certain legislators.
The bill also requires, as part of the response to a mass shooting, that
(1) grief counselors and mental health professionals be deployed to help
family members or other people closely connected to the victims and (2)
the DESPP commissioner and chief state’s attorney coordinate, and
report on, an investigation of each mass shooting event. 2023HB-06817-R000635-BA.DOCX
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Lastly, the bill requires law enforcement units to post public notices
informing people of various firearm-related rights, including specified
information about the permit process and the right to own, possess, and
carry firearms.
EFFECTIVE DATE: October 1, 2023, except the provisions on mass
shooting events are effective upon passage.
§ 1 — HANDGUN CARRY PERMIT
By law, handgun permits are issued under a two-part process,
requiring approval from both the local authority (e.g., the police chief)
and DESPP. The local official investigates applicants, including doing a
background check, and issues a temporary state permit, and the State
Police conducts state and national criminal history record checks on the
applicants and issues the five-year state permit.
Existing law requires the local authority to make its decision within
eight weeks. The bill requires the local authority, if denying the
application, to give the applicant a detailed written reason for doing so.
Under current law, DESPP must make its decision (or inform the
applicant that the department is still waiting for the results of the
national criminal background check) within eight weeks after the local
authority sends its approval. The bill eliminates the DESPP eight-week
deadline and provides that the local authority’s failure to complete its
review of the temporary permit application is not grounds for the
commissioner to deny the state permit.
The bill requires DESPP to make its decision (or inform the applicant
about the pending background check) if, at least nine weeks after the
local authority accepted the application, the applicant presents an
affidavit attesting to the local authority’s failure to supply written
reasons for denying it. The bill also requires DESPP, if denying an
application, to give details in its written response.
The bill eliminates a provision requiring immediate revocation of a
temporary state permit if grounds for its denial become known after it
was issued. But the law continues to allow the DESPP commissioner to 2023HB-06817-R000635-BA.DOCX
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revoke any temporary state handgun permit or five-year permit for
cause, and requires him to revoke it upon (1) a permit holder’s
conviction of a felony or disqualifying misdemeanor or (2) the
occurrence of any other event that would disqualify the person from
getting the permit (CGS § 29-32).
§ 2 — MASS SHOOTING EVENT RESPONSE
Response Plan
By law, the DESPP commissioner must oversee the development of
the state’s civil preparedness plan and program (i.e., the State Response
Framework), which is subject to the governor’s approval. The bill
requires the plan and program to include a response plan for mass
shooting events.
The bill requires the commissioner, as part of any response plan for a
mass shooting event, to include provisions for coordinating a meeting
with DESPP; local police; community leaders, including religious
leaders; and representatives from the Project Longevity Initiative (a
comprehensive, community-based initiative to reduce gun violence that
operates in Bridgeport, Hartford, New Haven, and Waterbury).
The meeting’s purpose is to determine the following:
1. why the shooting event occurred and what circumstances led to
it,
2. whether there were warning signs that it would occur,
3. steps the community can take to prevent further shooting events,
and
4. whether there are available resources to help the community
respond to the event.
The bill requires the participants, after the meeting concludes, to
report their findings to the DESPP commissioner. The commissioner
must review and report the findings, and any other information he
deems pertinent, to the governor, House and Senate majority and 2023HB-06817-R000635-BA.DOCX
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minority leaders, and Public Safety and Security Committee. The report
must include any recommendations for legislative action to reduce mass
shooting events.
Grief Counselors and Mental Health Professionals
The bill requires the DESPP commissioner to coordinate with the
public health commissioner in deploying grief counselors and mental
health professionals to provide mental health services after mass
shooting events for the victim’s family members or other people closely
associated with the victims. These counselors and professionals must be
deployed to (1) local community outreach groups in and around the
impacted area and (2) any school or higher education institution where
any of the shooting’s victims or perpetrators were enrolled.
Shooting Investigation
The bill requires the DESPP commissioner to coordinate, along with
the chief state’s attorney’s office, an investigation into each mass
shooting event. The investigation must consider the following:
1. how the perpetrator acquired any firearm used in the event,
2. whether those firearms were acquired legally,
3. whether a large capacity magazine was used in the shooting
(state law generally bans the possession or sale of these
magazines, which hold more than 10 rounds of ammunition),
and
4. the backgrounds of the perpetrator and victims.
For each investigation, the commissioner and chief state’s attorney
must report (1) the investigation’s summary and findings, including any
determination of what caused the event, and (2) any recommendations
to prevent future mass shooting events. They must report to the
governor; the House and Senate majority and minority leaders; the
Public Safety and Security Committee; and the chief elected official and
legislative body of the municipality where the mass shooting occurred. 2023HB-06817-R000635-BA.DOCX
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§ 3 — POLICE NOTICE OF FIREARM RIGHTS
The bill requires the administrative head of each law enforcement
unit to ensure that all police stations, headquarters, or barracks under
its jurisdiction post certain information about firearm-related rights, in
a conspicuous place that is readily available for the public to view.
Specifically, he or she must post a statement informing people of the
following rights:
1. to request and get an application for a handgun carry permit;
2. to submit the application no later than one week after their
request to do so;
3. to be informed in writing, within eight weeks after applying, of
the decision on the application;
4. to file an appeal if the application is denied; and
5. their state and federal constitutional right to own, possess, and
carry a firearm to protect their home or family as they so lawfully
choose.
Under the bill, as under existing law, an “administrative head of each
law enforcement unit” includes the DESPP commissioner, board of
police commissioners, police chief or superintendent, or other authority
in charge of a law enforcement unit (CGS § 7-291e). A “law enforcement
unit” is a state or municipal agency or department (or tribal agency or
department created and governed under a memorandum of agreement)
whose primary functions include enforcing criminal or traffic laws;
preserving public order; protecting life and property; or preventing,
detecting, or investigating crime (CGS § 7-294a).
BACKGROUND
Related Bill
sHB 6667, reported favorably by the Judiciary Committee, makes
numerous changes to firearm laws, such as generally (1) prohibiting the
open carry of firearms, (2) prohibiting the purchase of more than one 2023HB-06817-R000635-BA.DOCX
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handgun in a 30-day period, and (3) raising the minimum age to buy
long guns from 18 to 21.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 30 Nay 6 (03/28/2023)