15 | | - | Section 1. Section 29-28 of the general statutes is repealed and the |
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16 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
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17 | | - | (a) No person who sells ten or more pistols or revolvers in a calendar |
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18 | | - | year or is a federally licensed firearm dealer shall advertise, sell, deliver, |
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19 | | - | or offer or expose for sale or delivery, or have in such person's |
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20 | | - | possession with intent to sell or deliver, any pistol or revolver at retail |
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21 | | - | without having a permit therefor issued as provided in this subsection. |
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22 | | - | The chief of police or, where there is no chief of police, the chief |
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23 | | - | executive officer, as defined in section 7-193, of the municipality, as |
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24 | | - | defined in section 7-148, or, if designated by such chief executive officer, |
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25 | | - | the resident state trooper serving such municipality or a state police |
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26 | | - | officer of the state police troop having jurisdiction over such |
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27 | | - | municipality, may, upon the application of any person, issue a permit |
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28 | | - | in such form as may be prescribed by the Commissioner of Emergency |
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29 | | - | Services and Public Protection for the sale at retail of pistols and |
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30 | | - | revolvers within the jurisdiction of the authority issuing such permit. |
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31 | | - | No permit for the sale at retail of any pistol or revolver shall be issued Substitute House Bill No. 6839 |
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| 16 | + | Section 1. Section 29-28 of the general statutes is repealed and the 1 |
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| 17 | + | following is substituted in lieu thereof (Effective July 1, 2023): 2 |
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| 18 | + | (a) No person who sells ten or more pistols or revolvers in a 3 |
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| 19 | + | calendar year or is a federally licensed firearm dealer shall advertise, 4 |
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| 20 | + | sell, deliver, or offer or expose for sale or delivery, or have in such 5 |
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| 21 | + | person's possession with intent to sell or deliver, any pistol or revolver 6 |
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| 22 | + | at retail without having a permit therefor issued as provided in this 7 |
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| 23 | + | subsection. The chief of police or, where there is no chief of police, the 8 |
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| 24 | + | chief executive officer, as defined in section 7-193, of the municipality, 9 |
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| 25 | + | as defined in section 7-148, or, if designated by such chief executive 10 |
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| 26 | + | officer, the resident state trooper serving such municipality or a state 11 |
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| 27 | + | police officer of the state police troop having jurisdiction over such 12 |
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| 28 | + | municipality, may, upon the application of any person, issue a permit 13 |
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| 29 | + | in such form as may be prescribed by the Commissioner of Emergency 14 |
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| 30 | + | Services and Public Protection for the sale at retail of pistols and 15 |
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| 31 | + | revolvers within the jurisdiction of the authority issuing such permit. 16 |
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| 32 | + | No permit for the sale at retail of any pistol or revolver shall be issued 17 |
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| 33 | + | unless the applicant holds a valid eligibility certificate for a pistol or 18 |
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| 34 | + | revolver issued pursuant to section 29-36f or a valid state permit to 19 |
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| 35 | + | carry a pistol or revolver issued pursuant to subsection (b) of this 20 |
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| 36 | + | section and the applicant submits documentation sufficient to establish 21 Substitute Bill No. 6839 |
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35 | | - | unless the applicant holds a valid eligibility certificate for a pistol or |
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36 | | - | revolver issued pursuant to section 29-36f or a valid state permit to carry |
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37 | | - | a pistol or revolver issued pursuant to subsection (b) of this section and |
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38 | | - | the applicant submits documentation sufficient to establish that local |
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39 | | - | zoning requirements have been met for the location where the sale is to |
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40 | | - | take place, except that any person selling or exchanging a pistol or |
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41 | | - | revolver for the enhancement of a personal collection or for a hobby or |
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42 | | - | who sells all or part of such person's personal collection of pistols or |
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43 | | - | revolvers shall not be required to submit such documentation for the |
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44 | | - | location where the sale or exchange is to take place. |
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45 | | - | (b) Upon the application of any person having a bona fide permanent |
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46 | | - | residence within the jurisdiction of any such authority, such chief of |
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47 | | - | police or, where there is no chief of police, such chief executive officer, |
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48 | | - | as defined in section 7-193, or, if designated by such chief executive |
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49 | | - | officer, a resident state trooper or state police officer, as applicable, may |
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50 | | - | issue a temporary state permit to such person to carry a pistol or |
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51 | | - | revolver within the state, provided such authority shall find that such |
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52 | | - | applicant intends to make no use of any pistol or revolver which such |
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53 | | - | applicant may be permitted to carry under such permit other than a |
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54 | | - | lawful use and that such person is a suitable person to receive such |
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55 | | - | permit. Such applicant shall submit to a state and national criminal |
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56 | | - | history records check in accordance with section 29-17a. If the applicant |
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57 | | - | has a bona fide permanent residence within the jurisdiction of any |
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58 | | - | federally recognized Native American tribe within the borders of the |
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59 | | - | state, and such tribe has a law enforcement unit, as defined in section 7- |
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60 | | - | 294a, the chief of police of such law enforcement unit may issue a |
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61 | | - | temporary state permit to such person pursuant to the provisions of this |
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62 | | - | subsection, and any chief of police of any other law enforcement unit |
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63 | | - | having jurisdiction over an area containing such person's bona fide |
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64 | | - | permanent residence shall not issue such temporary state permit if such |
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65 | | - | tribal law enforcement unit accepts applications for temporary state |
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66 | | - | permits. Such applicant shall submit to a state and national criminal Substitute House Bill No. 6839 |
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68 | | - | Public Act No. 23-130 3 of 17 |
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| 41 | + | that local zoning requirements have been met for the location where 22 |
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| 42 | + | the sale is to take place, except that any person selling or exchanging a 23 |
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| 43 | + | pistol or revolver for the enhancement of a personal collection or for a 24 |
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| 44 | + | hobby or who sells all or part of such person's personal collection of 25 |
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| 45 | + | pistols or revolvers shall not be required to submit such 26 |
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| 46 | + | documentation for the location where the sale or exchange is to take 27 |
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| 47 | + | place. 28 |
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| 48 | + | (b) Upon the application of any person having a bona fide 29 |
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| 49 | + | permanent residence within the jurisdiction of any such authority, 30 |
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| 50 | + | such chief of police or, where there is no chief of police, such chief 31 |
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| 51 | + | executive officer, as defined in section 7-193, or, if designated by such 32 |
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| 52 | + | chief executive officer, a resident state trooper or state police officer, as 33 |
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| 53 | + | applicable, may issue a temporary state permit to such person to carry 34 |
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| 54 | + | a pistol or revolver within the state, provided such authority shall find 35 |
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| 55 | + | that such applicant intends to make no use of any pistol or revolver 36 |
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| 56 | + | which such applicant may be permitted to carry under such permit 37 |
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| 57 | + | other than a lawful use and that such person is a suitable person to 38 |
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| 58 | + | receive such permit. Such applicant shall submit to a state and national 39 |
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| 59 | + | criminal history records check in accordance with section 29-17a. If the 40 |
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| 60 | + | applicant has a bona fide permanent residence within the jurisdiction 41 |
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| 61 | + | of any federally recognized Native American tribe within the borders 42 |
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| 62 | + | of the state, and such tribe has a law enforcement unit, as defined in 43 |
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| 63 | + | section 7-294a, the chief of police of such law enforcement unit may 44 |
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| 64 | + | issue a temporary state permit to such person pursuant to the 45 |
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| 65 | + | provisions of this subsection, and any chief of police of any other law 46 |
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| 66 | + | enforcement unit having jurisdiction over an area containing such 47 |
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| 67 | + | person's bona fide permanent residence shall not issue such temporary 48 |
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| 68 | + | state permit if such tribal law enforcement unit accepts applications for 49 |
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| 69 | + | temporary state permits. Such applicant shall submit to a state and 50 |
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| 70 | + | national criminal history records check in accordance with section 29-51 |
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| 71 | + | 17a. No state or temporary state permit to carry a pistol or revolver 52 |
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| 72 | + | shall be issued under this subsection if the applicant (1) has failed to 53 |
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| 73 | + | successfully complete a course approved by the Commissioner of 54 |
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| 74 | + | Emergency Services and Public Protection in the safety and use of 55 Substitute Bill No. 6839 |
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70 | | - | history records check in accordance with section 29-17a. No state or |
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71 | | - | temporary state permit to carry a pistol or revolver shall be issued under |
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72 | | - | this subsection if the applicant (1) has failed to successfully complete a |
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73 | | - | course approved by the Commissioner of Emergency Services and |
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74 | | - | Public Protection in the safety and use of pistols and revolvers |
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75 | | - | including, but not limited to, a safety or training course in the use of |
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76 | | - | pistols and revolvers available to the public offered by a law |
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77 | | - | enforcement agency, a private or public educational institution or a |
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78 | | - | firearms training school, utilizing instructors certified by the National |
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79 | | - | Rifle Association or the Department of Energy and Environmental |
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80 | | - | Protection and a safety or training course in the use of pistols or |
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81 | | - | revolvers conducted by an instructor certified by the state or the |
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82 | | - | National Rifle Association, (2) has been convicted of (A) a felony, or (B) |
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83 | | - | a misdemeanor violation of section 21a-279 on or after October 1, 2015, |
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84 | | - | or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a- |
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85 | | - | 62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the |
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86 | | - | preceding twenty years, (3) has been convicted as delinquent for the |
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87 | | - | commission of a serious juvenile offense, as defined in section 46b-120, |
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88 | | - | (4) has been discharged from custody within the preceding twenty years |
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89 | | - | after having been found not guilty of a crime by reason of mental disease |
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90 | | - | or defect pursuant to section 53a-13, (5) (A) has been confined in a |
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91 | | - | hospital for persons with psychiatric disabilities, as defined in section |
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92 | | - | 17a-495, within the preceding sixty months by order of a probate court, |
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93 | | - | or (B) has been voluntarily admitted on or after October 1, 2013, to a |
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94 | | - | hospital for persons with psychiatric disabilities, as defined in section |
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95 | | - | 17a-495, within the preceding six months for care and treatment of a |
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96 | | - | psychiatric disability and not solely for being an alcohol-dependent |
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97 | | - | person or a drug-dependent person, as those terms are defined in |
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98 | | - | section 17a-680, (6) is subject to a restraining or protective order issued |
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99 | | - | by a court in a case involving the use, attempted use or threatened use |
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100 | | - | of physical force against another person, including an ex parte order |
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101 | | - | issued pursuant to section 46b-15 or 46b-16a, (7) is subject to a firearms |
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102 | | - | seizure order issued prior to June 1, 2022, pursuant to section 29-38c Substitute House Bill No. 6839 |
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106 | | - | after notice and hearing, or a risk protection order or risk protection |
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107 | | - | investigation order issued on or after June 1, 2022, pursuant to section |
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108 | | - | 29-38c, (8) is prohibited from shipping, transporting, possessing or |
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109 | | - | receiving a firearm pursuant to 18 USC 922(g)(4), (9) is an alien illegally |
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110 | | - | or unlawfully in the United States, or (10) is less than twenty-one years |
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111 | | - | of age. Nothing in this section shall require any person who holds a |
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112 | | - | valid permit to carry a pistol or revolver on October 1, 1994, to |
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113 | | - | participate in any additional training in the safety and use of pistols and |
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114 | | - | revolvers. No person may apply for a temporary state permit to carry a |
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115 | | - | pistol or revolver more than once within any twelve-month period, and |
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116 | | - | no temporary state permit to carry a pistol or revolver shall be issued to |
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117 | | - | any person who has applied for such permit more than once within the |
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118 | | - | preceding twelve months. Any person who applies for a temporary state |
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119 | | - | permit to carry a pistol or revolver shall indicate in writing on the |
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120 | | - | application, under penalty of false statement in such manner as the |
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121 | | - | issuing authority prescribes, that such person has not applied for a |
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122 | | - | temporary state permit to carry a pistol or revolver within the past |
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123 | | - | twelve months. Upon issuance of a temporary state permit to carry a |
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124 | | - | pistol or revolver to the applicant, the local authority, or the chief of |
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125 | | - | police of a law enforcement unit of any federally recognized Native |
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126 | | - | American tribe within the borders of the state as referenced in this |
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127 | | - | subsection, shall forward the original application to the commissioner. |
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128 | | - | Not later than sixty days after receiving a temporary state permit, an |
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129 | | - | applicant shall appear at a location designated by the commissioner to |
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130 | | - | receive the state permit. The commissioner may then issue, to any |
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131 | | - | holder of any temporary state permit, a state permit to carry a pistol or |
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132 | | - | revolver within the state. Upon issuance of the state permit, the |
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133 | | - | commissioner shall make available to the permit holder a copy of the |
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134 | | - | law regarding the permit holder's responsibility to report the loss or |
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135 | | - | theft of a firearm and the penalties associated with the failure to comply |
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136 | | - | with such law. Upon issuance of the state permit, the commissioner shall |
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137 | | - | forward a record of such permit to the local authority, or the chief of |
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138 | | - | police of a law enforcement unit of any federally recognized Native Substitute House Bill No. 6839 |
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| 79 | + | pistols and revolvers including, but not limited to, a safety or training 56 |
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| 80 | + | course in the use of pistols and revolvers available to the public offered 57 |
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| 81 | + | by a law enforcement agency, a private or public educational 58 |
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| 82 | + | institution or a firearms training school, utilizing instructors certified 59 |
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| 83 | + | by the National Rifle Association or the Department of Energy and 60 |
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| 84 | + | Environmental Protection and a safety or training course in the use of 61 |
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| 85 | + | pistols or revolvers conducted by an instructor certified by the state or 62 |
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| 86 | + | the National Rifle Association, (2) has been convicted of (A) a felony, 63 |
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| 87 | + | or (B) a misdemeanor violation of section 21a-279 on or after October 1, 64 |
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| 88 | + | 2015, or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 65 |
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| 89 | + | 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the 66 |
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| 90 | + | preceding twenty years, (3) has been convicted as delinquent for the 67 |
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| 91 | + | commission of a serious juvenile offense, as defined in section 46b-120, 68 |
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| 92 | + | (4) has been discharged from custody within the preceding twenty 69 |
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| 93 | + | years after having been found not guilty of a crime by reason of mental 70 |
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| 94 | + | disease or defect pursuant to section 53a-13, (5) (A) has been confined 71 |
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| 95 | + | in a hospital for persons with psychiatric disabilities, as defined in 72 |
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| 96 | + | section 17a-495, within the preceding sixty months by order of a 73 |
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| 97 | + | probate court, or (B) has been voluntarily admitted on or after October 74 |
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| 98 | + | 1, 2013, to a hospital for persons with psychiatric disabilities, as 75 |
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| 99 | + | defined in section 17a-495, within the preceding six months for care 76 |
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| 100 | + | and treatment of a psychiatric disability and not solely for being an 77 |
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| 101 | + | alcohol-dependent person or a drug-dependent person, as those terms 78 |
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| 102 | + | are defined in section 17a-680, (6) is subject to a restraining or 79 |
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| 103 | + | protective order issued by a court in a case involving the use, 80 |
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| 104 | + | attempted use or threatened use of physical force against another 81 |
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| 105 | + | person, including an ex parte order issued pursuant to section 46b-15 82 |
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| 106 | + | or 46b-16a, (7) is subject to a firearms seizure order issued prior to June 83 |
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| 107 | + | 1, 2022, pursuant to section 29-38c after notice and hearing, or a risk 84 |
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| 108 | + | protection order or risk protection investigation order issued on or 85 |
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| 109 | + | after June 1, 2022, pursuant to section 29-38c, (8) is prohibited from 86 |
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| 110 | + | shipping, transporting, possessing or receiving a firearm pursuant to 87 |
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| 111 | + | 18 USC 922(g)(4), (9) is an alien illegally or unlawfully in the United 88 |
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| 112 | + | States, or (10) is less than twenty-one years of age. Nothing in this 89 |
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| 113 | + | section shall require any person who holds a valid permit to carry a 90 Substitute Bill No. 6839 |
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142 | | - | American tribe within the borders of the state as referenced in this |
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143 | | - | subsection, issuing the temporary state permit. The commissioner shall |
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144 | | - | retain records of all applications, whether approved or denied. The copy |
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145 | | - | of the state permit delivered to the permittee shall be laminated and |
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146 | | - | shall contain a full-face photograph of such permittee. A person holding |
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147 | | - | a state permit issued pursuant to this subsection shall notify the issuing |
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148 | | - | authority within two business days of any change of such person's |
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149 | | - | address. The notification shall include the old address and the new |
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150 | | - | address of such person. |
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151 | | - | (c) No issuing authority may require any sworn member of the |
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152 | | - | Department of Emergency Services and Public Protection or an |
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153 | | - | organized local police department to furnish such sworn member's |
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154 | | - | residence address in a permit application. The issuing authority shall |
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155 | | - | allow each such sworn member who has a permit to carry a pistol or |
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156 | | - | revolver issued by such authority to revise such member's application |
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157 | | - | to include a business or post office address in lieu of the residence |
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158 | | - | address. The issuing authority shall notify each such member of the |
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159 | | - | right to revise such application. |
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160 | | - | (d) Notwithstanding the provisions of sections 1-210 and 1-211, the |
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161 | | - | name and address of a person issued a permit to sell at retail pistols and |
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162 | | - | revolvers pursuant to subsection (a) of this section or a state or a |
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163 | | - | temporary state permit to carry a pistol or revolver pursuant to |
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164 | | - | subsection (b) of this section, or a local permit to carry pistols and |
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165 | | - | revolvers issued by local authorities prior to October 1, 2001, shall be |
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166 | | - | confidential and shall not be disclosed, except (1) such information may |
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167 | | - | be disclosed to law enforcement officials acting in the performance of |
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168 | | - | their duties, including, but not limited to, employees of the United |
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169 | | - | States Probation Office acting in the performance of their duties and |
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170 | | - | parole officers within the Department of Correction acting in the |
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171 | | - | performance of their duties, (2) the issuing authority may disclose such |
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172 | | - | information to the extent necessary to comply with a request made Substitute House Bill No. 6839 |
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174 | | - | Public Act No. 23-130 6 of 17 |
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| 118 | + | pistol or revolver on October 1, 1994, to participate in any additional 91 |
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| 119 | + | training in the safety and use of pistols and revolvers. No person may 92 |
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| 120 | + | apply for a temporary state permit to carry a pistol or revolver more 93 |
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| 121 | + | than once within any twelve-month period, and no temporary state 94 |
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| 122 | + | permit to carry a pistol or revolver shall be issued to any person who 95 |
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| 123 | + | has applied for such permit more than once within the preceding 96 |
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| 124 | + | twelve months. Any person who applies for a temporary state permit 97 |
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| 125 | + | to carry a pistol or revolver shall indicate in writing on the application, 98 |
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| 126 | + | under penalty of false statement in such manner as the issuing 99 |
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| 127 | + | authority prescribes, that such person has not applied for a temporary 100 |
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| 128 | + | state permit to carry a pistol or revolver within the past twelve 101 |
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| 129 | + | months. Upon issuance of a temporary state permit to carry a pistol or 102 |
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| 130 | + | revolver to the applicant, the local authority, or the chief of police of a 103 |
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| 131 | + | law enforcement unit of any federally recognized Native American 104 |
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| 132 | + | tribe within the borders of the state as referenced in this subsection, 105 |
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| 133 | + | shall forward the original application to the commissioner. Not later 106 |
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| 134 | + | than sixty days after receiving a temporary state permit, an applicant 107 |
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| 135 | + | shall appear at a location designated by the commissioner to receive 108 |
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| 136 | + | the state permit. The commissioner may then issue, to any holder of 109 |
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| 137 | + | any temporary state permit, a state permit to carry a pistol or revolver 110 |
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| 138 | + | within the state. Upon issuance of the state permit, the commissioner 111 |
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| 139 | + | shall make available to the permit holder a copy of the law regarding 112 |
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| 140 | + | the permit holder's responsibility to report the loss or theft of a firearm 113 |
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| 141 | + | and the penalties associated with the failure to comply with such law. 114 |
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| 142 | + | Upon issuance of the state permit, the commissioner shall forward a 115 |
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| 143 | + | record of such permit to the local authority, or the chief of police of a 116 |
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| 144 | + | law enforcement unit of any federally recognized Native American 117 |
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| 145 | + | tribe within the borders of the state as referenced in this subsection, 118 |
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| 146 | + | issuing the temporary state permit. The commissioner shall retain 119 |
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| 147 | + | records of all applications, whether approved or denied. The copy of 120 |
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| 148 | + | the state permit delivered to the permittee shall be laminated and shall 121 |
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| 149 | + | contain a full-face photograph of such permittee. A person holding a 122 |
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| 150 | + | state permit issued pursuant to this subsection shall notify the issuing 123 |
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| 151 | + | authority within two business days of any change of such person's 124 |
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| 152 | + | address. The notification shall include the old address and the new 125 Substitute Bill No. 6839 |
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176 | | - | pursuant to section 29-33, as amended by this act, 29-37a, as amended |
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177 | | - | by this act, or 29-38m for verification that such state or temporary state |
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178 | | - | permit is still valid and has not been suspended or revoked, and the |
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179 | | - | local authority may disclose such information to the extent necessary to |
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180 | | - | comply with a request made pursuant to section 29-33, as amended by |
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181 | | - | this act, 29-37a, as amended by this act. or 29-38m for verification that a |
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182 | | - | local permit is still valid and has not been suspended or revoked, and |
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183 | | - | (3) such information may be disclosed to the Commissioner of Mental |
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184 | | - | Health and Addiction Services to carry out the provisions of subsection |
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185 | | - | (c) of section 17a-500. |
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186 | | - | (e) The issuance of any permit to carry a pistol or revolver does not |
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187 | | - | thereby authorize the possession or carrying of a pistol or revolver in |
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188 | | - | any premises where the possession or carrying of a pistol or revolver is |
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189 | | - | otherwise prohibited by law or is prohibited by the person who owns or |
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190 | | - | exercises control over such premises. |
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191 | | - | (f) Any bona fide resident of the United States having no bona fide |
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192 | | - | permanent residence within the jurisdiction of any local authority in the |
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193 | | - | state, but who has a permit or license to carry a pistol or revolver issued |
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194 | | - | by the authority of another state or subdivision of the United States, may |
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195 | | - | apply directly to the Commissioner of Emergency Services and Public |
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196 | | - | Protection for a permit to carry a pistol or revolver in this state. All |
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197 | | - | provisions of subsections (b), (c), (d) and (e) of this section shall apply |
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198 | | - | to applications for a permit received by the commissioner under this |
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199 | | - | subsection. Such applicant shall submit to a state and national criminal |
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200 | | - | history records check in accordance with section 29-17a. |
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201 | | - | Sec. 2. Section 29-28a of the general statutes is repealed and the |
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202 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
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203 | | - | (a) Requests for temporary state permits under section 29-28, as |
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204 | | - | amended by this act, shall be submitted to the chief of police, the chief |
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205 | | - | of police of a law enforcement unit of any federally recognized Native Substitute House Bill No. 6839 |
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209 | | - | American tribe within the borders of the state as referenced in |
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210 | | - | subsection (b) of section 29-28, as amended by this act, or, where there |
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211 | | - | is no chief of police, to the chief executive officer, as defined in section |
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212 | | - | 7-193, of the municipality, as defined in section 7-148, or, if designated |
---|
213 | | - | by such chief executive officer, the resident state trooper serving such |
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214 | | - | municipality or a state police officer of the state police troop having |
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215 | | - | jurisdiction over such municipality, on application forms prescribed by |
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216 | | - | the Commissioner of Emergency Services and Public Protection. Upon |
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217 | | - | written request by any person for a temporary state permit not on a |
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218 | | - | prescribed application form, or upon request by any person for such |
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219 | | - | application form, the local authority, or the chief of police of a law |
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220 | | - | enforcement unit of any federally recognized Native American tribe |
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221 | | - | within the borders of the state as referenced in subsection (b) of section |
---|
222 | | - | 29-28, as amended by this act, shall supply such forms. When any such |
---|
223 | | - | request is made in person at the office of the local authority, the local |
---|
224 | | - | authority, or the chief of police of a law enforcement unit of any |
---|
225 | | - | federally recognized Native American tribe within the borders of the |
---|
226 | | - | state as referenced in subsection (b) of section 29-28, as amended by this |
---|
227 | | - | act, shall supply such application form immediately. When any such |
---|
228 | | - | request is made in any other manner, the local authority, or the chief of |
---|
229 | | - | police of a law enforcement unit of any federally recognized Native |
---|
230 | | - | American tribe within the borders of the state as referenced in |
---|
231 | | - | subsection (b) of section 29-28, as amended by this act, shall supply such |
---|
232 | | - | application form not later than one week after receiving such request. If |
---|
233 | | - | such application form is not supplied within the time limits required by |
---|
234 | | - | this section, the request therefor shall constitute a sufficient application. |
---|
235 | | - | If any local authority, or the chief of police of a law enforcement unit of |
---|
236 | | - | any federally recognized Native American tribe within the borders of |
---|
237 | | - | the state as referenced in subsection (b) of section 29-28, as amended by |
---|
238 | | - | this act, fails to supply an application form upon the request of any |
---|
239 | | - | person, such person may request an application form from the |
---|
240 | | - | Commissioner of Emergency Services and Public Protection or any |
---|
241 | | - | barracks of the Division of State Police, and the time limits and Substitute House Bill No. 6839 |
---|
| 157 | + | address of such person. 126 |
---|
| 158 | + | (c) No issuing authority may require any sworn member of the 127 |
---|
| 159 | + | Department of Emergency Services and Public Protection or an 128 |
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| 160 | + | organized local police department to furnish such sworn member's 129 |
---|
| 161 | + | residence address in a permit application. The issuing authority shall 130 |
---|
| 162 | + | allow each such sworn member who has a permit to carry a pistol or 131 |
---|
| 163 | + | revolver issued by such authority to revise such member's application 132 |
---|
| 164 | + | to include a business or post office address in lieu of the residence 133 |
---|
| 165 | + | address. The issuing authority shall notify each such member of the 134 |
---|
| 166 | + | right to revise such application. 135 |
---|
| 167 | + | (d) Notwithstanding the provisions of sections 1-210 and 1-211, the 136 |
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| 168 | + | name and address of a person issued a permit to sell at retail pistols 137 |
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| 169 | + | and revolvers pursuant to subsection (a) of this section or a state or a 138 |
---|
| 170 | + | temporary state permit to carry a pistol or revolver pursuant to 139 |
---|
| 171 | + | subsection (b) of this section, or a local permit to carry pistols and 140 |
---|
| 172 | + | revolvers issued by local authorities prior to October 1, 2001, shall be 141 |
---|
| 173 | + | confidential and shall not be disclosed, except (1) such information 142 |
---|
| 174 | + | may be disclosed to law enforcement officials acting in the 143 |
---|
| 175 | + | performance of their duties, including, but not limited to, employees of 144 |
---|
| 176 | + | the United States Probation Office acting in the performance of their 145 |
---|
| 177 | + | duties and parole officers within the Department of Correction acting 146 |
---|
| 178 | + | in the performance of their duties, (2) the issuing authority may 147 |
---|
| 179 | + | disclose such information to the extent necessary to comply with a 148 |
---|
| 180 | + | request made pursuant to section 29-33, 29-37a or 29-38m for 149 |
---|
| 181 | + | verification that such state or temporary state permit is still valid and 150 |
---|
| 182 | + | has not been suspended or revoked, and the local authority may 151 |
---|
| 183 | + | disclose such information to the extent necessary to comply with a 152 |
---|
| 184 | + | request made pursuant to section 29-33, 29-37a or 29-38m for 153 |
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| 185 | + | verification that a local permit is still valid and has not been suspended 154 |
---|
| 186 | + | or revoked, and (3) such information may be disclosed to the 155 |
---|
| 187 | + | Commissioner of Mental Health and Addiction Services to carry out 156 |
---|
| 188 | + | the provisions of subsection (c) of section 17a-500. 157 |
---|
| 189 | + | (e) The issuance of any permit to carry a pistol or revolver does not 158 Substitute Bill No. 6839 |
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245 | | - | procedures set forth in this section for handling requests for such forms |
---|
246 | | - | shall be applicable. |
---|
247 | | - | (b) The local authority, or the chief of police of a law enforcement unit |
---|
248 | | - | of any federally recognized Native American tribe within the borders of |
---|
249 | | - | the state as referenced in subsection (b) of section 29-28, as amended by |
---|
250 | | - | this act, shall, not later than eight weeks after a sufficient application for |
---|
251 | | - | a temporary state permit has been made, inform the applicant that such |
---|
252 | | - | applicant's request for a temporary state permit has been approved or |
---|
253 | | - | denied. The local authority, or the chief of police of a law enforcement |
---|
254 | | - | unit of any federally recognized Native American tribe within the |
---|
255 | | - | borders of the state as referenced in subsection (b) of section 29-28, as |
---|
256 | | - | amended by this act, shall forward a copy of the application indicating |
---|
257 | | - | approval or denial of the temporary state permit to the Commissioner |
---|
258 | | - | of Emergency Services and Public Protection. If the local authority, or |
---|
259 | | - | the chief of police of a law enforcement unit of any federally recognized |
---|
260 | | - | Native American tribe within the borders of the state as referenced in |
---|
261 | | - | subsection (b) of section 29-28, as amended by this act, has denied the |
---|
262 | | - | application for a temporary state permit, no state permit may be issued. |
---|
263 | | - | The commissioner shall, not later than eight weeks after receiving an |
---|
264 | | - | application indicating approval from the local authority, or the chief of |
---|
265 | | - | police of a law enforcement unit of any federally recognized Native |
---|
266 | | - | American tribe within the borders of the state as referenced in |
---|
267 | | - | subsection (b) of section 29-28, as amended by this act, inform the |
---|
268 | | - | applicant in writing that the applicant's application for a state permit |
---|
269 | | - | has been approved or denied, or that the results of the national criminal |
---|
270 | | - | history records check have not been received. If grounds for denial |
---|
271 | | - | become known after a temporary state permit has been obtained, the |
---|
272 | | - | temporary state permit shall be immediately revoked pursuant to |
---|
273 | | - | section 29-32. |
---|
274 | | - | Sec. 3. Section 29-29 of the general statutes is repealed and the |
---|
275 | | - | following is substituted in lieu thereof (Effective July 1, 2023): Substitute House Bill No. 6839 |
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277 | | - | Public Act No. 23-130 9 of 17 |
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| 194 | + | thereby authorize the possession or carrying of a pistol or revolver in 159 |
---|
| 195 | + | any premises where the possession or carrying of a pistol or revolver is 160 |
---|
| 196 | + | otherwise prohibited by law or is prohibited by the person who owns 161 |
---|
| 197 | + | or exercises control over such premises. 162 |
---|
| 198 | + | (f) Any bona fide resident of the United States having no bona fide 163 |
---|
| 199 | + | permanent residence within the jurisdiction of any local authority in 164 |
---|
| 200 | + | the state, but who has a permit or license to carry a pistol or revolver 165 |
---|
| 201 | + | issued by the authority of another state or subdivision of the United 166 |
---|
| 202 | + | States, may apply directly to the Commissioner of Emergency Services 167 |
---|
| 203 | + | and Public Protection for a permit to carry a pistol or revolver in this 168 |
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| 204 | + | state. All provisions of subsections (b), (c), (d) and (e) of this section 169 |
---|
| 205 | + | shall apply to applications for a permit received by the commissioner 170 |
---|
| 206 | + | under this subsection. Such applicant shall submit to a state and 171 |
---|
| 207 | + | national criminal history records check in accordance with section 29-172 |
---|
| 208 | + | 17a. 173 |
---|
| 209 | + | Sec. 2. Section 29-28a of the general statutes is repealed and the 174 |
---|
| 210 | + | following is substituted in lieu thereof (Effective July 1, 2023): 175 |
---|
| 211 | + | (a) Requests for temporary state permits under section 29-28, as 176 |
---|
| 212 | + | amended by this act, shall be submitted to the chief of police, the chief 177 |
---|
| 213 | + | of police of a law enforcement unit of any federally recognized Native 178 |
---|
| 214 | + | American tribe within the borders of the state as referenced in 179 |
---|
| 215 | + | subsection (b) of section 29-28, as amended by this act, or, where there 180 |
---|
| 216 | + | is no chief of police, to the chief executive officer, as defined in section 181 |
---|
| 217 | + | 7-193, of the municipality, as defined in section 7-148, or, if designated 182 |
---|
| 218 | + | by such chief executive officer, the resident state trooper serving such 183 |
---|
| 219 | + | municipality or a state police officer of the state police troop having 184 |
---|
| 220 | + | jurisdiction over such municipality, on application forms prescribed by 185 |
---|
| 221 | + | the Commissioner of Emergency Services and Public Protection. Upon 186 |
---|
| 222 | + | written request by any person for a temporary state permit not on a 187 |
---|
| 223 | + | prescribed application form, or upon request by any person for such 188 |
---|
| 224 | + | application form, the local authority, or the chief of police of a law 189 |
---|
| 225 | + | enforcement unit of any federally recognized Native American tribe 190 |
---|
| 226 | + | within the borders of the state as referenced in subsection (b) of section 191 Substitute Bill No. 6839 |
---|
279 | | - | (a) No temporary state permit for carrying any pistol or revolver shall |
---|
280 | | - | be issued under the provisions of section 29-28, as amended by this act, |
---|
281 | | - | unless the applicant for such permit gives to the local authority, or the |
---|
282 | | - | chief of police of a law enforcement unit of any federally recognized |
---|
283 | | - | Native American tribe within the borders of the state as referenced in |
---|
284 | | - | subsection (b) of section 29-28, as amended by this act, upon its request, |
---|
285 | | - | full information concerning the applicant's criminal record. The local |
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286 | | - | authority, or the chief of police of a law enforcement unit of any |
---|
287 | | - | federally recognized Native American tribe within the borders of the |
---|
288 | | - | state as referenced in subsection (b) of section 29-28, as amended by this |
---|
289 | | - | act, shall require the applicant to submit to state and national criminal |
---|
290 | | - | history records checks. The local authority, or the chief of police of a law |
---|
291 | | - | enforcement unit of any federally recognized Native American tribe |
---|
292 | | - | within the borders of the state as referenced in subsection (b) of section |
---|
293 | | - | 29-28, as amended by this act, shall take a full description of such |
---|
294 | | - | applicant and make an investigation concerning the applicant's |
---|
295 | | - | suitability to carry any such weapons. |
---|
296 | | - | (b) The local authority, or the chief of police of a law enforcement unit |
---|
297 | | - | of any federally recognized Native American tribe within the borders of |
---|
298 | | - | the state as referenced in subsection (b) of section 29-28, as amended by |
---|
299 | | - | this act, or the commissioner in the case of an application pursuant to |
---|
300 | | - | subsection (f) of section 29-28, as amended by this act, shall take the |
---|
301 | | - | fingerprints of such applicant or conduct any other method of positive |
---|
302 | | - | identification required by the State Police Bureau of Identification or the |
---|
303 | | - | Federal Bureau of Investigation. [, unless the local authority or the |
---|
304 | | - | commissioner determines that the fingerprints of such applicant have |
---|
305 | | - | been previously taken and the applicant's identity established, and such |
---|
306 | | - | applicant presents identification that the local authority or the |
---|
307 | | - | commissioner verifies as valid.] The local authority, the chief of police |
---|
308 | | - | of a law enforcement unit of any federally recognized Native American |
---|
309 | | - | tribe within the borders of the state as referenced in subsection (b) of |
---|
310 | | - | section 29-28, as amended by this act, or the commissioner shall record Substitute House Bill No. 6839 |
---|
314 | | - | the date the fingerprints were taken in the applicant's file and, within |
---|
315 | | - | five business days of such date, shall forward such fingerprints [or] and |
---|
316 | | - | other positive identifying information to the State Police Bureau of |
---|
317 | | - | Identification which shall conduct criminal history records checks in |
---|
318 | | - | accordance with section 29-17a. |
---|
319 | | - | (c) The local authority, or the chief of police of a law enforcement unit |
---|
320 | | - | of any federally recognized Native American tribe within the borders of |
---|
321 | | - | the state as referenced in subsection (b) of section 29-28, as amended by |
---|
322 | | - | this act, may, in its discretion, issue a temporary state permit before a |
---|
323 | | - | national criminal history records check relative to such applicant's |
---|
324 | | - | record has been received. Upon receipt of the results of such national |
---|
325 | | - | criminal history records check, the commissioner shall send a copy of |
---|
326 | | - | the results of such national criminal history records check to the local |
---|
327 | | - | authority, or the chief of police of a law enforcement unit of any |
---|
328 | | - | federally recognized Native American tribe within the borders of the |
---|
329 | | - | state as referenced in subsection (b) of section 29-28, as amended by this |
---|
330 | | - | act, which shall inform the applicant and render a decision on the |
---|
331 | | - | application within one week of the receipt of such results. If such results |
---|
332 | | - | have not been received within eight weeks after a sufficient application |
---|
333 | | - | for a permit has been made, the local authority, or the chief of police of |
---|
334 | | - | a law enforcement unit of any federally recognized Native American |
---|
335 | | - | tribe within the borders of the state as referenced in subsection (b) of |
---|
336 | | - | section 29-28, as amended by this act, shall inform the applicant of such |
---|
337 | | - | delay, in writing. No temporary state permit shall be issued if the local |
---|
338 | | - | authority, or the chief of police of a law enforcement unit of any |
---|
339 | | - | federally recognized Native American tribe within the borders of the |
---|
340 | | - | state as referenced in subsection (b) of section 29-28, as amended by this |
---|
341 | | - | act, has reason to believe the applicant has ever been convicted of a |
---|
342 | | - | felony, or that any other condition exists for which the issuance of a |
---|
343 | | - | permit for possession of a pistol or revolver is prohibited under state or |
---|
344 | | - | federal law. Substitute House Bill No. 6839 |
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| 231 | + | 29-28, as amended by this act, shall supply such forms. When any such 192 |
---|
| 232 | + | request is made in person at the office of the local authority, the local 193 |
---|
| 233 | + | authority, or the chief of police of a law enforcement unit of any 194 |
---|
| 234 | + | federally recognized Native American tribe within the borders of the 195 |
---|
| 235 | + | state as referenced in subsection (b) of section 29-28, as amended by 196 |
---|
| 236 | + | this act, shall supply such application form immediately. When any 197 |
---|
| 237 | + | such request is made in any other manner, the local authority, or the 198 |
---|
| 238 | + | chief of police of a law enforcement unit of any federally recognized 199 |
---|
| 239 | + | Native American tribe within the borders of the state as referenced in 200 |
---|
| 240 | + | subsection (b) of section 29-28, as amended by this act, shall supply 201 |
---|
| 241 | + | such application form not later than one week after receiving such 202 |
---|
| 242 | + | request. If such application form is not supplied within the time limits 203 |
---|
| 243 | + | required by this section, the request therefor shall constitute a 204 |
---|
| 244 | + | sufficient application. If any local authority, or the chief of police of a 205 |
---|
| 245 | + | law enforcement unit of any federally recognized Native American 206 |
---|
| 246 | + | tribe within the borders of the state as referenced in subsection (b) of 207 |
---|
| 247 | + | section 29-28, as amended by this act, fails to supply an application 208 |
---|
| 248 | + | form upon the request of any person, such person may request an 209 |
---|
| 249 | + | application form from the Commissioner of Emergency Services and 210 |
---|
| 250 | + | Public Protection or any barracks of the Division of State Police, and 211 |
---|
| 251 | + | the time limits and procedures set forth in this section for handling 212 |
---|
| 252 | + | requests for such forms shall be applicable. 213 |
---|
| 253 | + | (b) The local authority, or the chief of police of a law enforcement 214 |
---|
| 254 | + | unit of any federally recognized Native American tribe within the 215 |
---|
| 255 | + | borders of the state as referenced in subsection (b) of section 29-28, as 216 |
---|
| 256 | + | amended by this act, shall, not later than eight weeks after a sufficient 217 |
---|
| 257 | + | application for a temporary state permit has been made, inform the 218 |
---|
| 258 | + | applicant that such applicant's request for a temporary state permit has 219 |
---|
| 259 | + | been approved or denied. The local authority, or the chief of police of a 220 |
---|
| 260 | + | law enforcement unit of any federally recognized Native American 221 |
---|
| 261 | + | tribe within the borders of the state as referenced in subsection (b) of 222 |
---|
| 262 | + | section 29-28, as amended by this act, shall forward a copy of the 223 |
---|
| 263 | + | application indicating approval or denial of the temporary state permit 224 |
---|
| 264 | + | to the Commissioner of Emergency Services and Public Protection. If 225 Substitute Bill No. 6839 |
---|
348 | | - | (d) The commissioner may investigate any applicant for a state |
---|
349 | | - | permit and shall investigate each applicant for renewal of a state permit |
---|
350 | | - | to ensure that such applicant is eligible under state law for such permit |
---|
351 | | - | or for renewal of such permit. |
---|
352 | | - | (e) No state permit may be issued unless either the local authority, |
---|
353 | | - | the chief of police of a law enforcement unit of any federally recognized |
---|
354 | | - | Native American tribe within the borders of the state as referenced in |
---|
355 | | - | subsection (b) of section 29-28, as amended by this act or the |
---|
356 | | - | commissioner has received the results of the national criminal history |
---|
357 | | - | records check. |
---|
358 | | - | Sec. 4. Subsection (a) of section 29-30 of the general statutes is |
---|
359 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
---|
360 | | - | 2023): |
---|
361 | | - | (a) The fee for each permit originally issued under the provisions of |
---|
362 | | - | subsection (a) of section 29-28, as amended by this act, for the sale at |
---|
363 | | - | retail of pistols and revolvers shall be two hundred dollars and for each |
---|
364 | | - | renewal of such permit two hundred dollars. The fee for each state |
---|
365 | | - | permit originally issued under the provisions of subsection (b) of section |
---|
366 | | - | 29-28, as amended by this act, for the carrying of pistols and revolvers |
---|
367 | | - | shall be one hundred forty dollars plus sufficient funds as required to |
---|
368 | | - | be transmitted to the Federal Bureau of Investigation to cover the cost |
---|
369 | | - | of a national criminal history records check. The local authority, or the |
---|
370 | | - | chief of police of a law enforcement unit of any federally recognized |
---|
371 | | - | Native American tribe within the borders of the state as referenced in |
---|
372 | | - | subsection (b) of section 29-28, as amended by this act, shall forward |
---|
373 | | - | sufficient funds for the national criminal history records check to the |
---|
374 | | - | commissioner no later than five business days after receipt by the local |
---|
375 | | - | authority, or such chief of police of a law enforcement unit of any |
---|
376 | | - | federally recognized Native American tribe, of the application for the |
---|
377 | | - | temporary state permit. Seventy dollars shall be retained by the local |
---|
378 | | - | authority, or such chief of police of a law enforcement unit of any Substitute House Bill No. 6839 |
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380 | | - | Public Act No. 23-130 12 of 17 |
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| 269 | + | the local authority, or the chief of police of a law enforcement unit of 226 |
---|
| 270 | + | any federally recognized Native American tribe within the borders of 227 |
---|
| 271 | + | the state as referenced in subsection (b) of section 29-28, as amended 228 |
---|
| 272 | + | by this act, has denied the application for a temporary state permit, no 229 |
---|
| 273 | + | state permit may be issued. The commissioner shall, not later than 230 |
---|
| 274 | + | eight weeks after receiving an application indicating approval from the 231 |
---|
| 275 | + | local authority, or the chief of police of a law enforcement unit of any 232 |
---|
| 276 | + | federally recognized Native American tribe within the borders of the 233 |
---|
| 277 | + | state as referenced in subsection (b) of section 29-28, as amended by 234 |
---|
| 278 | + | this act, inform the applicant in writing that the applicant's application 235 |
---|
| 279 | + | for a state permit has been approved or denied, or that the results of 236 |
---|
| 280 | + | the national criminal history records check have not been received. If 237 |
---|
| 281 | + | grounds for denial become known after a temporary state permit has 238 |
---|
| 282 | + | been obtained, the temporary state permit shall be immediately 239 |
---|
| 283 | + | revoked pursuant to section 29-32. 240 |
---|
| 284 | + | Sec. 3. Section 29-29 of the general statutes is repealed and the 241 |
---|
| 285 | + | following is substituted in lieu thereof (Effective July 1, 2023): 242 |
---|
| 286 | + | (a) No temporary state permit for carrying any pistol or revolver 243 |
---|
| 287 | + | shall be issued under the provisions of section 29-28, as amended by 244 |
---|
| 288 | + | this act, unless the applicant for such permit gives to the local 245 |
---|
| 289 | + | authority, or the chief of police of a law enforcement unit of any 246 |
---|
| 290 | + | federally recognized Native American tribe within the borders of the 247 |
---|
| 291 | + | state as referenced in subsection (b) of section 29-28, as amended by 248 |
---|
| 292 | + | this act, upon its request, full information concerning the applicant's 249 |
---|
| 293 | + | criminal record. The local authority, or the chief of police of a law 250 |
---|
| 294 | + | enforcement unit of any federally recognized Native American tribe 251 |
---|
| 295 | + | within the borders of the state as referenced in subsection (b) of section 252 |
---|
| 296 | + | 29-28, as amended by this act, shall require the applicant to submit to 253 |
---|
| 297 | + | state and national criminal history records checks. The local authority, 254 |
---|
| 298 | + | or the chief of police of a law enforcement unit of any federally 255 |
---|
| 299 | + | recognized Native American tribe within the borders of the state as 256 |
---|
| 300 | + | referenced in subsection (b) of section 29-28, as amended by this act, 257 |
---|
| 301 | + | shall take a full description of such applicant and make an 258 |
---|
| 302 | + | investigation concerning the applicant's suitability to carry any such 259 Substitute Bill No. 6839 |
---|
382 | | - | federally recognized Native American tribe. Upon approval by the local |
---|
383 | | - | authority, or such chief of police of a law enforcement unit of any |
---|
384 | | - | federally recognized Native American tribe, of the application for a |
---|
385 | | - | temporary state permit, seventy dollars shall be sent to the |
---|
386 | | - | commissioner. The fee to renew each state permit originally issued |
---|
387 | | - | under the provisions of subsection (b) of section 29-28, as amended by |
---|
388 | | - | this act, shall be seventy dollars. Upon deposit of such fees in the |
---|
389 | | - | General Fund, ten dollars of each fee shall be credited within thirty days |
---|
390 | | - | to the appropriation for the Department of Emergency Services and |
---|
391 | | - | Public Protection to a separate nonlapsing account for the purposes of |
---|
392 | | - | the issuance of permits under subsections (a) and (b) of section 29-28, as |
---|
393 | | - | amended by this act. |
---|
394 | | - | Sec. 5. Subsection (c) of section 29-33 of the general statutes is |
---|
395 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
---|
396 | | - | 2023): |
---|
397 | | - | (c) No person, firm or corporation shall sell, deliver or otherwise |
---|
398 | | - | transfer any pistol or revolver except upon written application on a form |
---|
399 | | - | prescribed and furnished by the Commissioner of Emergency Services |
---|
400 | | - | and Public Protection. Such person, firm or corporation shall ensure that |
---|
401 | | - | all questions on the application are answered properly prior to releasing |
---|
402 | | - | the pistol or revolver and shall retain the application, which shall be |
---|
403 | | - | attached to the federal sale or transfer document, for at least twenty |
---|
404 | | - | years or until such vendor goes out of business. Such application shall |
---|
405 | | - | be available for inspection during normal business hours by law |
---|
406 | | - | enforcement officials. No sale, delivery or other transfer of any pistol or |
---|
407 | | - | revolver shall be made unless the person making the purchase or to |
---|
408 | | - | whom the same is delivered or transferred is personally known to the |
---|
409 | | - | person selling such pistol or revolver or making delivery or transfer |
---|
410 | | - | thereof or provides evidence of his identity in the form of a motor |
---|
411 | | - | vehicle operator's license, identity card issued pursuant to section 1-1h |
---|
412 | | - | or valid passport. No sale, delivery or other transfer of any pistol or Substitute House Bill No. 6839 |
---|
416 | | - | revolver shall be made until the person, firm or corporation making |
---|
417 | | - | such transfer obtains an authorization number from the Commissioner |
---|
418 | | - | of Emergency Services and Public Protection. Said commissioner shall |
---|
419 | | - | perform the national instant criminal background check and make a |
---|
420 | | - | reasonable effort to determine whether there is any reason that would |
---|
421 | | - | prohibit such applicant from possessing a pistol or revolver as provided |
---|
422 | | - | in section 53a-217c. If the commissioner determines the existence of such |
---|
423 | | - | a reason, the commissioner shall (1) deny the sale and no pistol or |
---|
424 | | - | revolver shall be sold, delivered or otherwise transferred by such |
---|
425 | | - | person, firm or corporation to such applicant, and (2) inform the chief of |
---|
426 | | - | police of the town in which the applicant resides, or, where there is no |
---|
427 | | - | chief of police, the warden of the borough or the first selectman of the |
---|
428 | | - | town, or the chief of police of a law enforcement unit of any federally |
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429 | | - | recognized Native American tribe within the borders of the state as |
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430 | | - | referenced in subsection (b) of section 29-28, as amended by this act, if |
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431 | | - | the applicant has a bona fide permanent residence within the |
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432 | | - | jurisdiction of such tribe, as the case may be, that there exists a reason |
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433 | | - | that would prohibit such applicant from possessing a pistol or revolver. |
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434 | | - | Sec. 6. Subsection (e) of section 29-33 of the general statutes is |
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435 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
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436 | | - | 2023): |
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437 | | - | (e) Upon the sale, delivery or other transfer of any pistol or revolver, |
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438 | | - | the person making the purchase or to whom the same is delivered or |
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439 | | - | transferred shall sign a receipt for such pistol or revolver, which shall |
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440 | | - | contain the name and address of such person, the date of sale, the |
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441 | | - | caliber, make, model and manufacturer's number and a general |
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442 | | - | description of such pistol or revolver, the identification number of such |
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443 | | - | person's permit to carry pistols or revolvers, issued pursuant to |
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444 | | - | subsection (b) of section 29-28, as amended by this act, permit to sell at |
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445 | | - | retail pistols or revolvers, issued pursuant to subsection (a) of said |
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446 | | - | section, or eligibility certificate for a pistol or revolver, issued pursuant Substitute House Bill No. 6839 |
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| 307 | + | weapons. 260 |
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| 308 | + | (b) The local authority, or the chief of police of a law enforcement 261 |
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| 309 | + | unit of any federally recognized Native American tribe within the 262 |
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| 310 | + | borders of the state as referenced in subsection (b) of section 29-28, as 263 |
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| 311 | + | amended by this act, or the commissioner in the case of an application 264 |
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| 312 | + | pursuant to subsection (f) of section 29-28, as amended by this act, 265 |
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| 313 | + | shall take the fingerprints of such applicant or conduct any other 266 |
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| 314 | + | method of positive identification required by the State Police Bureau of 267 |
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| 315 | + | Identification or the Federal Bureau of Investigation. [, unless the local 268 |
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| 316 | + | authority or the commissioner determines that the fingerprints of such 269 |
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| 317 | + | applicant have been previously taken and the applicant's identity 270 |
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| 318 | + | established, and such applicant presents identification that the local 271 |
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| 319 | + | authority or the commissioner verifies as valid.] The local authority, 272 |
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| 320 | + | the chief of police of a law enforcement unit of any federally 273 |
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| 321 | + | recognized Native American tribe within the borders of the state as 274 |
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| 322 | + | referenced in subsection (b) of section 29-28, as amended by this act, or 275 |
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| 323 | + | the commissioner shall record the date the fingerprints were taken in 276 |
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| 324 | + | the applicant's file and, within five business days of such date, shall 277 |
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| 325 | + | forward such fingerprints [or] and other positive identifying 278 |
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| 326 | + | information to the State Police Bureau of Identification which shall 279 |
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| 327 | + | conduct criminal history records checks in accordance with section 29-280 |
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| 328 | + | 17a. 281 |
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| 329 | + | (c) The local authority, or the chief of police of a law enforcement 282 |
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| 330 | + | unit of any federally recognized Native American tribe within the 283 |
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| 331 | + | borders of the state as referenced in subsection (b) of section 29-28, as 284 |
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| 332 | + | amended by this act, may, in its discretion, issue a temporary state 285 |
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| 333 | + | permit before a national criminal history records check relative to such 286 |
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| 334 | + | applicant's record has been received. Upon receipt of the results of 287 |
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| 335 | + | such national criminal history records check, the commissioner shall 288 |
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| 336 | + | send a copy of the results of such national criminal history records 289 |
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| 337 | + | check to the local authority, or the chief of police of a law enforcement 290 |
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| 338 | + | unit of any federally recognized Native American tribe within the 291 |
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| 339 | + | borders of the state as referenced in subsection (b) of section 29-28, as 292 |
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| 340 | + | amended by this act, which shall inform the applicant and render a 293 Substitute Bill No. 6839 |
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450 | | - | to section 29-36f, if any, and the authorization number designated for |
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451 | | - | the transfer by the Department of Emergency Services and Public |
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452 | | - | Protection. The person, firm or corporation selling such pistol or |
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453 | | - | revolver or making delivery or transfer thereof shall (1) give one copy |
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454 | | - | of the receipt to the person making the purchase of such pistol or |
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455 | | - | revolver or to whom the same is delivered or transferred, (2) retain one |
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456 | | - | copy of the receipt for at least five years, and (3) send, by first class mail, |
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457 | | - | or electronically transmit, within forty-eight hours of such sale, delivery |
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458 | | - | or other transfer, (A) one copy of the receipt to the Commissioner of |
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459 | | - | Emergency Services and Public Protection, and (B) one copy of the |
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460 | | - | receipt to the chief of police of the municipality in which the transferee |
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461 | | - | resides or, where there is no chief of police, the chief executive officer of |
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462 | | - | the municipality, as defined in section 7-148, in which the transferee |
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463 | | - | resides or, if designated by such chief executive officer, the resident state |
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464 | | - | trooper serving such municipality or a state police officer of the state |
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465 | | - | police troop having jurisdiction over such municipality, or the chief of |
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466 | | - | police of a law enforcement unit of any federally recognized Native |
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467 | | - | American tribe within the borders of the state as referenced in |
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468 | | - | subsection (b) of section 29-28, as amended by this act, if the transferee |
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469 | | - | has a bona fide permanent residence within the jurisdiction of such |
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470 | | - | tribe. |
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471 | | - | Sec. 7. Subsection (d) of section 29-37a of the general statutes is |
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472 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
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473 | | - | 2023): |
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474 | | - | (d) No person, firm or corporation may sell, deliver or otherwise |
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475 | | - | transfer, at retail, any long gun to any person unless such person makes |
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476 | | - | application on a form prescribed and furnished by the Commissioner of |
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477 | | - | Emergency Services and Public Protection, which shall be attached by |
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478 | | - | the transferor to the federal sale or transfer document and filed and |
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479 | | - | retained by the transferor for at least twenty years or until such |
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480 | | - | transferor goes out of business. Such application shall be available for Substitute House Bill No. 6839 |
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| 343 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06839-R01-HB.docx } 10 of 10 |
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482 | | - | Public Act No. 23-130 15 of 17 |
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| 345 | + | decision on the application within one week of the receipt of such 294 |
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| 346 | + | results. If such results have not been received within eight weeks after 295 |
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| 347 | + | a sufficient application for a permit has been made, the local authority, 296 |
---|
| 348 | + | or the chief of police of a law enforcement unit of any federally 297 |
---|
| 349 | + | recognized Native American tribe within the borders of the state as 298 |
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| 350 | + | referenced in subsection (b) of section 29-28, as amended by this act, 299 |
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| 351 | + | shall inform the applicant of such delay, in writing. No temporary 300 |
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| 352 | + | state permit shall be issued if the local authority, or the chief of police 301 |
---|
| 353 | + | of a law enforcement unit of any federally recognized Native 302 |
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| 354 | + | American tribe within the borders of the state as referenced in 303 |
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| 355 | + | subsection (b) of section 29-28, as amended by this act, has reason to 304 |
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| 356 | + | believe the applicant has ever been convicted of a felony, or that any 305 |
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| 357 | + | other condition exists for which the issuance of a permit for possession 306 |
---|
| 358 | + | of a pistol or revolver is prohibited under state or federal law. 307 |
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| 359 | + | (d) The commissioner may investigate any applicant for a state 308 |
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| 360 | + | permit and shall investigate each applicant for renewal of a state 309 |
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| 361 | + | permit to ensure that such applicant is eligible under state law for such 310 |
---|
| 362 | + | permit or for renewal of such permit. 311 |
---|
| 363 | + | (e) No state permit may be issued unless either the local authority, 312 |
---|
| 364 | + | the chief of police of a law enforcement unit of any federally 313 |
---|
| 365 | + | recognized Native American tribe within the borders of the state as 314 |
---|
| 366 | + | referenced in subsection (b) of section 29-28, as amended by this act or 315 |
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| 367 | + | the commissioner has received the results of the national criminal 316 |
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| 368 | + | history records check. 317 |
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| 369 | + | This act shall take effect as follows and shall amend the following |
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| 370 | + | sections: |
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484 | | - | inspection during normal business hours by law enforcement officials. |
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485 | | - | No such sale, delivery or other transfer of any long gun shall be made |
---|
486 | | - | until the person, firm or corporation making such sale, delivery or |
---|
487 | | - | transfer has ensured that such application has been completed properly |
---|
488 | | - | and has obtained an authorization number from the Commissioner of |
---|
489 | | - | Emergency Services and Public Protection for such sale, delivery or |
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490 | | - | transfer. The Department of Emergency Services and Public Protection |
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491 | | - | shall make every effort, including performing the national instant |
---|
492 | | - | criminal background check, to determine if the applicant is eligible to |
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493 | | - | receive such long gun. If it is determined that the applicant is ineligible |
---|
494 | | - | to receive such long gun, the Commissioner of Emergency Services and |
---|
495 | | - | Public Protection shall immediately notify the (1) person, firm or |
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496 | | - | corporation to whom such application was made and no such long gun |
---|
497 | | - | shall be sold, delivered or otherwise transferred to such applicant by |
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498 | | - | such person, firm or corporation, and (2) chief of police of the town in |
---|
499 | | - | which the applicant resides, or, where there is no chief of police, the |
---|
500 | | - | warden of the borough or the first selectman of the town, or the chief of |
---|
501 | | - | police of a law enforcement unit of any federally recognized Native |
---|
502 | | - | American tribe within the borders of the state as referenced in |
---|
503 | | - | subsection (b) of section 29-28, as amended by this act, if the applicant |
---|
504 | | - | has a bona fide permanent residence within the jurisdiction of such |
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505 | | - | tribe, as the case may be, that the applicant is not eligible to receive a |
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506 | | - | long gun. When any long gun is delivered in connection with any sale |
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507 | | - | or purchase, such long gun shall be enclosed in a package, the paper or |
---|
508 | | - | wrapping of which shall be securely fastened, and no such long gun |
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509 | | - | when delivered on any sale or purchase shall be loaded or contain any |
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510 | | - | gunpowder or other explosive or any bullet, ball or shell. Upon the sale, |
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511 | | - | delivery or other transfer of the long gun, the transferee shall sign in |
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512 | | - | triplicate a receipt for such long gun, which shall contain the name, |
---|
513 | | - | address and date and place of birth of such transferee, the date of such |
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514 | | - | sale, delivery or transfer and the caliber, make, model and |
---|
515 | | - | manufacturer's number and a general description thereof. Not later than |
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516 | | - | twenty-four hours after such sale, delivery or transfer, the transferor Substitute House Bill No. 6839 |
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| 372 | + | Section 1 July 1, 2023 29-28 |
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| 373 | + | Sec. 2 July 1, 2023 29-28a |
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| 374 | + | Sec. 3 July 1, 2023 29-29 |
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518 | | - | Public Act No. 23-130 16 of 17 |
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519 | | - | |
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520 | | - | shall send by first class mail or electronically transfer one receipt to the |
---|
521 | | - | Commissioner of Emergency Services and Public Protection and one |
---|
522 | | - | receipt to the chief of police of the municipality in which the transferee |
---|
523 | | - | resides or, where there is no chief of police, the chief executive officer of |
---|
524 | | - | the municipality, as defined in section 7-148, in which the transferee |
---|
525 | | - | resides or, if designated by such chief executive officer, the resident state |
---|
526 | | - | trooper serving such municipality or a state police officer of the state |
---|
527 | | - | police troop having jurisdiction over such municipality, or the chief of |
---|
528 | | - | police of a law enforcement unit of any federally recognized Native |
---|
529 | | - | American tribe within the borders of the state as referenced in |
---|
530 | | - | subsection (b) of section 29-28, as amended by this act, if the transferee |
---|
531 | | - | has a bona fide permanent residence within the jurisdiction of such |
---|
532 | | - | tribe, and shall retain one receipt, together with the original application, |
---|
533 | | - | for at least five years. |
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534 | | - | Sec. 8. Subdivision (3) of subsection (f) of section 29-37a of the general |
---|
535 | | - | statutes is repealed and the following is substituted in lieu thereof |
---|
536 | | - | (Effective July 1, 2023): |
---|
537 | | - | (3) Upon the sale, delivery or other transfer of the long gun, the |
---|
538 | | - | transferor or transferee shall complete a form, prescribed by the |
---|
539 | | - | Commissioner of Emergency Services and Public Protection, that |
---|
540 | | - | contains the name and address of the transferor, the name and address |
---|
541 | | - | of the transferee, the date and place of birth of such transferee, the |
---|
542 | | - | firearm permit or certificate number of the transferee, the firearm permit |
---|
543 | | - | or certificate number of the transferor, if any, the date of such sale, |
---|
544 | | - | delivery or transfer, the caliber, make, model and manufacturer's |
---|
545 | | - | number and a general description of such long gun and the |
---|
546 | | - | authorization number provided by the department. Not later than |
---|
547 | | - | twenty-four hours after such sale, delivery or transfer, the transferor |
---|
548 | | - | shall send by first class mail or electronically transfer one copy of such |
---|
549 | | - | form to the Commissioner of Emergency Services and Public Protection |
---|
550 | | - | and one copy to the chief of police of the municipality in which the Substitute House Bill No. 6839 |
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551 | | - | |
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552 | | - | Public Act No. 23-130 17 of 17 |
---|
553 | | - | |
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554 | | - | transferee resides or, where there is no chief of police, the chief executive |
---|
555 | | - | officer of the municipality, as defined in section 7-148, in which the |
---|
556 | | - | transferee resides or, if designated by such chief executive officer, the |
---|
557 | | - | resident state trooper serving such municipality or a state police officer |
---|
558 | | - | of the state police troop having jurisdiction over such municipality, or |
---|
559 | | - | the chief of police of a law enforcement unit of any federally recognized |
---|
560 | | - | Native American tribe within the borders of the state as referenced in |
---|
561 | | - | subsection (b) of section 29-28, as amended by this act, if the transferee |
---|
562 | | - | has a bona fide permanent residence within the jurisdiction of such |
---|
563 | | - | tribe, and shall retain one copy, for at least five years. |
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| 376 | + | PS Joint Favorable Subst. |
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