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General Assembly Substitute Bill No. 6839
January Session, 2023
AN ACT CONCERNING TEMPORARY STATE PERMITS TO CARRY A
PISTOL OR REVOLVER ISSUED BY TRIBAL POLICE DEPARTMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 29-28 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2023): 2
(a) No person who sells ten or more pistols or revolvers in a 3
calendar year or is a federally licensed firearm dealer shall advertise, 4
sell, deliver, or offer or expose for sale or delivery, or have in such 5
person's possession with intent to sell or deliver, any pistol or revolver 6
at retail without having a permit therefor issued as provided in this 7
subsection. The chief of police or, where there is no chief of police, the 8
chief executive officer, as defined in section 7-193, of the municipality, 9
as defined in section 7-148, or, if designated by such chief executive 10
officer, the resident state trooper serving such municipality or a state 11
police officer of the state police troop having jurisdiction over such 12
municipality, may, upon the application of any person, issue a permit 13
in such form as may be prescribed by the Commissioner of Emergency 14
Services and Public Protection for the sale at retail of pistols and 15
revolvers within the jurisdiction of the authority issuing such permit. 16
No permit for the sale at retail of any pistol or revolver shall be issued 17
unless the applicant holds a valid eligibility certificate for a pistol or 18
revolver issued pursuant to section 29-36f or a valid state permit to 19
carry a pistol or revolver issued pursuant to subsection (b) of this 20
section and the applicant submits documentation sufficient to establish 21 Substitute Bill No. 6839
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that local zoning requirements have been met for the location where 22
the sale is to take place, except that any person selling or exchanging a 23
pistol or revolver for the enhancement of a personal collection or for a 24
hobby or who sells all or part of such person's personal collection of 25
pistols or revolvers shall not be required to submit such 26
documentation for the location where the sale or exchange is to take 27
place. 28
(b) Upon the application of any person having a bona fide 29
permanent residence within the jurisdiction of any such authority, 30
such chief of police or, where there is no chief of police, such chief 31
executive officer, as defined in section 7-193, or, if designated by such 32
chief executive officer, a resident state trooper or state police officer, as 33
applicable, may issue a temporary state permit to such person to carry 34
a pistol or revolver within the state, provided such authority shall find 35
that such applicant intends to make no use of any pistol or revolver 36
which such applicant may be permitted to carry under such permit 37
other than a lawful use and that such person is a suitable person to 38
receive such permit. Such applicant shall submit to a state and national 39
criminal history records check in accordance with section 29-17a. If the 40
applicant has a bona fide permanent residence within the jurisdiction 41
of any federally recognized Native American tribe within the borders 42
of the state, and such tribe has a law enforcement unit, as defined in 43
section 7-294a, the chief of police of such law enforcement unit may 44
issue a temporary state permit to such person pursuant to the 45
provisions of this subsection, and any chief of police of any other law 46
enforcement unit having jurisdiction over an area containing such 47
person's bona fide permanent residence shall not issue such temporary 48
state permit if such tribal law enforcement unit accepts applications for 49
temporary state permits. Such applicant shall submit to a state and 50
national criminal history records check in accordance with section 29-51
17a. No state or temporary state permit to carry a pistol or revolver 52
shall be issued under this subsection if the applicant (1) has failed to 53
successfully complete a course approved by the Commissioner of 54
Emergency Services and Public Protection in the safety and use of 55 Substitute Bill No. 6839
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pistols and revolvers including, but not limited to, a safety or training 56
course in the use of pistols and revolvers available to the public offered 57
by a law enforcement agency, a private or public educational 58
institution or a firearms training school, utilizing instructors certified 59
by the National Rifle Association or the Department of Energy and 60
Environmental Protection and a safety or training course in the use of 61
pistols or revolvers conducted by an instructor certified by the state or 62
the National Rifle Association, (2) has been convicted of (A) a felony, 63
or (B) a misdemeanor violation of section 21a-279 on or after October 1, 64
2015, or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 65
53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the 66
preceding twenty years, (3) has been convicted as delinquent for the 67
commission of a serious juvenile offense, as defined in section 46b-120, 68
(4) has been discharged from custody within the preceding twenty 69
years after having been found not guilty of a crime by reason of mental 70
disease or defect pursuant to section 53a-13, (5) (A) has been confined 71
in a hospital for persons with psychiatric disabilities, as defined in 72
section 17a-495, within the preceding sixty months by order of a 73
probate court, or (B) has been voluntarily admitted on or after October 74
1, 2013, to a hospital for persons with psychiatric disabilities, as 75
defined in section 17a-495, within the preceding six months for care 76
and treatment of a psychiatric disability and not solely for being an 77
alcohol-dependent person or a drug-dependent person, as those terms 78
are defined in section 17a-680, (6) is subject to a restraining or 79
protective order issued by a court in a case involving the use, 80
attempted use or threatened use of physical force against another 81
person, including an ex parte order issued pursuant to section 46b-15 82
or 46b-16a, (7) is subject to a firearms seizure order issued prior to June 83
1, 2022, pursuant to section 29-38c after notice and hearing, or a risk 84
protection order or risk protection investigation order issued on or 85
after June 1, 2022, pursuant to section 29-38c, (8) is prohibited from 86
shipping, transporting, possessing or receiving a firearm pursuant to 87
18 USC 922(g)(4), (9) is an alien illegally or unlawfully in the United 88
States, or (10) is less than twenty-one years of age. Nothing in this 89
section shall require any person who holds a valid permit to carry a 90 Substitute Bill No. 6839
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pistol or revolver on October 1, 1994, to participate in any additional 91
training in the safety and use of pistols and revolvers. No person may 92
apply for a temporary state permit to carry a pistol or revolver more 93
than once within any twelve-month period, and no temporary state 94
permit to carry a pistol or revolver shall be issued to any person who 95
has applied for such permit more than once within the preceding 96
twelve months. Any person who applies for a temporary state permit 97
to carry a pistol or revolver shall indicate in writing on the application, 98
under penalty of false statement in such manner as the issuing 99
authority prescribes, that such person has not applied for a temporary 100
state permit to carry a pistol or revolver within the past twelve 101
months. Upon issuance of a temporary state permit to carry a pistol or 102
revolver to the applicant, the local authority, or the chief of police of a 103
law enforcement unit of any federally recognized Native American 104
tribe within the borders of the state as referenced in this subsection, 105
shall forward the original application to the commissioner. Not later 106
than sixty days after receiving a temporary state permit, an applicant 107
shall appear at a location designated by the commissioner to receive 108
the state permit. The commissioner may then issue, to any holder of 109
any temporary state permit, a state permit to carry a pistol or revolver 110
within the state. Upon issuance of the state permit, the commissioner 111
shall make available to the permit holder a copy of the law regarding 112
the permit holder's responsibility to report the loss or theft of a firearm 113
and the penalties associated with the failure to comply with such law. 114
Upon issuance of the state permit, the commissioner shall forward a 115
record of such permit to the local authority, or the chief of police of a 116
law enforcement unit of any federally recognized Native American 117
tribe within the borders of the state as referenced in this subsection, 118
issuing the temporary state permit. The commissioner shall retain 119
records of all applications, whether approved or denied. The copy of 120
the state permit delivered to the permittee shall be laminated and shall 121
contain a full-face photograph of such permittee. A person holding a 122
state permit issued pursuant to this subsection shall notify the issuing 123
authority within two business days of any change of such person's 124
address. The notification shall include the old address and the new 125 Substitute Bill No. 6839
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address of such person. 126
(c) No issuing authority may require any sworn member of the 127
Department of Emergency Services and Public Protection or an 128
organized local police department to furnish such sworn member's 129
residence address in a permit application. The issuing authority shall 130
allow each such sworn member who has a permit to carry a pistol or 131
revolver issued by such authority to revise such member's application 132
to include a business or post office address in lieu of the residence 133
address. The issuing authority shall notify each such member of the 134
right to revise such application. 135
(d) Notwithstanding the provisions of sections 1-210 and 1-211, the 136
name and address of a person issued a permit to sell at retail pistols 137
and revolvers pursuant to subsection (a) of this section or a state or a 138
temporary state permit to carry a pistol or revolver pursuant to 139
subsection (b) of this section, or a local permit to carry pistols and 140
revolvers issued by local authorities prior to October 1, 2001, shall be 141
confidential and shall not be disclosed, except (1) such information 142
may be disclosed to law enforcement officials acting in the 143
performance of their duties, including, but not limited to, employees of 144
the United States Probation Office acting in the performance of their 145
duties and parole officers within the Department of Correction acting 146
in the performance of their duties, (2) the issuing authority may 147
disclose such information to the extent necessary to comply with a 148
request made pursuant to section 29-33, 29-37a or 29-38m for 149
verification that such state or temporary state permit is still valid and 150
has not been suspended or revoked, and the local authority may 151
disclose such information to the extent necessary to comply with a 152
request made pursuant to section 29-33, 29-37a or 29-38m for 153
verification that a local permit is still valid and has not been suspended 154
or revoked, and (3) such information may be disclosed to the 155
Commissioner of Mental Health and Addiction Services to carry out 156
the provisions of subsection (c) of section 17a-500. 157
(e) The issuance of any permit to carry a pistol or revolver does not 158 Substitute Bill No. 6839
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thereby authorize the possession or carrying of a pistol or revolver in 159
any premises where the possession or carrying of a pistol or revolver is 160
otherwise prohibited by law or is prohibited by the person who owns 161
or exercises control over such premises. 162
(f) Any bona fide resident of the United States having no bona fide 163
permanent residence within the jurisdiction of any local authority in 164
the state, but who has a permit or license to carry a pistol or revolver 165
issued by the authority of another state or subdivision of the United 166
States, may apply directly to the Commissioner of Emergency Services 167
and Public Protection for a permit to carry a pistol or revolver in this 168
state. All provisions of subsections (b), (c), (d) and (e) of this section 169
shall apply to applications for a permit received by the commissioner 170
under this subsection. Such applicant shall submit to a state and 171
national criminal history records check in accordance with section 29-172
17a. 173
Sec. 2. Section 29-28a of the general statutes is repealed and the 174
following is substituted in lieu thereof (Effective July 1, 2023): 175
(a) Requests for temporary state permits under section 29-28, as 176
amended by this act, shall be submitted to the chief of police, the chief 177
of police of a law enforcement unit of any federally recognized Native 178
American tribe within the borders of the state as referenced in 179
subsection (b) of section 29-28, as amended by this act, or, where there 180
is no chief of police, to the chief executive officer, as defined in section 181
7-193, of the municipality, as defined in section 7-148, or, if designated 182
by such chief executive officer, the resident state trooper serving such 183
municipality or a state police officer of the state police troop having 184
jurisdiction over such municipality, on application forms prescribed by 185
the Commissioner of Emergency Services and Public Protection. Upon 186
written request by any person for a temporary state permit not on a 187
prescribed application form, or upon request by any person for such 188
application form, the local authority, or the chief of police of a law 189
enforcement unit of any federally recognized Native American tribe 190
within the borders of the state as referenced in subsection (b) of section 191 Substitute Bill No. 6839
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29-28, as amended by this act, shall supply such forms. When any such 192
request is made in person at the office of the local authority, the local 193
authority, or the chief of police of a law enforcement unit of any 194
federally recognized Native American tribe within the borders of the 195
state as referenced in subsection (b) of section 29-28, as amended by 196
this act, shall supply such application form immediately. When any 197
such request is made in any other manner, the local authority, or the 198
chief of police of a law enforcement unit of any federally recognized 199
Native American tribe within the borders of the state as referenced in 200
subsection (b) of section 29-28, as amended by this act, shall supply 201
such application form not later than one week after receiving such 202
request. If such application form is not supplied within the time limits 203
required by this section, the request therefor shall constitute a 204
sufficient application. If any local authority, or the chief of police of a 205
law enforcement unit of any federally recognized Native American 206
tribe within the borders of the state as referenced in subsection (b) of 207
section 29-28, as amended by this act, fails to supply an application 208
form upon the request of any person, such person may request an 209
application form from the Commissioner of Emergency Services and 210
Public Protection or any barracks of the Division of State Police, and 211
the time limits and procedures set forth in this section for handling 212
requests for such forms shall be applicable. 213
(b) The local authority, or the chief of police of a law enforcement 214
unit of any federally recognized Native American tribe within the 215
borders of the state as referenced in subsection (b) of section 29-28, as 216
amended by this act, shall, not later than eight weeks after a sufficient 217
application for a temporary state permit has been made, inform the 218
applicant that such applicant's request for a temporary state permit has 219
been approved or denied. The local authority, or the chief of police of a 220
law enforcement unit of any federally recognized Native American 221
tribe within the borders of the state as referenced in subsection (b) of 222
section 29-28, as amended by this act, shall forward a copy of the 223
application indicating approval or denial of the temporary state permit 224
to the Commissioner of Emergency Services and Public Protection. If 225 Substitute Bill No. 6839
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the local authority, or the chief of police of a law enforcement unit of 226
any federally recognized Native American tribe within the borders of 227
the state as referenced in subsection (b) of section 29-28, as amended 228
by this act, has denied the application for a temporary state permit, no 229
state permit may be issued. The commissioner shall, not later than 230
eight weeks after receiving an application indicating approval from the 231
local authority, or the chief of police of a law enforcement unit of any 232
federally recognized Native American tribe within the borders of the 233
state as referenced in subsection (b) of section 29-28, as amended by 234
this act, inform the applicant in writing that the applicant's application 235
for a state permit has been approved or denied, or that the results of 236
the national criminal history records check have not been received. If 237
grounds for denial become known after a temporary state permit has 238
been obtained, the temporary state permit shall be immediately 239
revoked pursuant to section 29-32. 240
Sec. 3. Section 29-29 of the general statutes is repealed and the 241
following is substituted in lieu thereof (Effective July 1, 2023): 242
(a) No temporary state permit for carrying any pistol or revolver 243
shall be issued under the provisions of section 29-28, as amended by 244
this act, unless the applicant for such permit gives to the local 245
authority, or the chief of police of a law enforcement unit of any 246
federally recognized Native American tribe within the borders of the 247
state as referenced in subsection (b) of section 29-28, as amended by 248
this act, upon its request, full information concerning the applicant's 249
criminal record. The local authority, or the chief of police of a law 250
enforcement unit of any federally recognized Native American tribe 251
within the borders of the state as referenced in subsection (b) of section 252
29-28, as amended by this act, shall require the applicant to submit to 253
state and national criminal history records checks. The local authority, 254
or the chief of police of a law enforcement unit of any federally 255
recognized Native American tribe within the borders of the state as 256
referenced in subsection (b) of section 29-28, as amended by this act, 257
shall take a full description of such applicant and make an 258
investigation concerning the applicant's suitability to carry any such 259 Substitute Bill No. 6839
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weapons. 260
(b) The local authority, or the chief of police of a law enforcement 261
unit of any federally recognized Native American tribe within the 262
borders of the state as referenced in subsection (b) of section 29-28, as 263
amended by this act, or the commissioner in the case of an application 264
pursuant to subsection (f) of section 29-28, as amended by this act, 265
shall take the fingerprints of such applicant or conduct any other 266
method of positive identification required by the State Police Bureau of 267
Identification or the Federal Bureau of Investigation. [, unless the local 268
authority or the commissioner determines that the fingerprints of such 269
applicant have been previously taken and the applicant's identity 270
established, and such applicant presents identification that the local 271
authority or the commissioner verifies as valid.] The local authority, 272
the chief of police of a law enforcement unit of any federally 273
recognized Native American tribe within the borders of the state as 274
referenced in subsection (b) of section 29-28, as amended by this act, or 275
the commissioner shall record the date the fingerprints were taken in 276
the applicant's file and, within five business days of such date, shall 277
forward such fingerprints [or] and other positive identifying 278
information to the State Police Bureau of Identification which shall 279
conduct criminal history records checks in accordance with section 29-280
17a. 281
(c) The local authority, or the chief of police of a law enforcement 282
unit of any federally recognized Native American tribe within the 283
borders of the state as referenced in subsection (b) of section 29-28, as 284
amended by this act, may, in its discretion, issue a temporary state 285
permit before a national criminal history records check relative to such 286
applicant's record has been received. Upon receipt of the results of 287
such national criminal history records check, the commissioner shall 288
send a copy of the results of such national criminal history records 289
check to the local authority, or the chief of police of a law enforcement 290
unit of any federally recognized Native American tribe within the 291
borders of the state as referenced in subsection (b) of section 29-28, as 292
amended by this act, which shall inform the applicant and render a 293 Substitute Bill No. 6839
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decision on the application within one week of the receipt of such 294
results. If such results have not been received within eight weeks after 295
a sufficient application for a permit has been made, the local authority, 296
or the chief of police of a law enforcement unit of any federally 297
recognized Native American tribe within the borders of the state as 298
referenced in subsection (b) of section 29-28, as amended by this act, 299
shall inform the applicant of such delay, in writing. No temporary 300
state permit shall be issued if the local authority, or the chief of police 301
of a law enforcement unit of any federally recognized Native 302
American tribe within the borders of the state as referenced in 303
subsection (b) of section 29-28, as amended by this act, has reason to 304
believe the applicant has ever been convicted of a felony, or that any 305
other condition exists for which the issuance of a permit for possession 306
of a pistol or revolver is prohibited under state or federal law. 307
(d) The commissioner may investigate any applicant for a state 308
permit and shall investigate each applicant for renewal of a state 309
permit to ensure that such applicant is eligible under state law for such 310
permit or for renewal of such permit. 311
(e) No state permit may be issued unless either the local authority, 312
the chief of police of a law enforcement unit of any federally 313
recognized Native American tribe within the borders of the state as 314
referenced in subsection (b) of section 29-28, as amended by this act or 315
the commissioner has received the results of the national criminal 316
history records check. 317
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 29-28
Sec. 2 July 1, 2023 29-28a
Sec. 3 July 1, 2023 29-29
PS Joint Favorable Subst.