Connecticut 2023 Regular Session

Connecticut House Bill HB06839 Compare Versions

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5+General Assembly Substitute Bill No. 6839
6+January Session, 2023
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4-Substitute House Bill No. 6839
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6-Public Act No. 23-130
7-
8-
9-AN ACT CONCERNING TEMPORARY STATE PERMITS TO CARRY
10-A PISTOL OR REVOLVER ISSUED BY TRIBAL POLICE
11-DEPARTMENTS.
11+AN ACT CONCERNING TEMPORARY STATE PERMITS TO CARRY A
12+PISTOL OR REVOLVER ISSUED BY TRIBAL POLICE DEPARTMENTS.
1213 Be it enacted by the Senate and House of Representatives in General
1314 Assembly convened:
1415
15-Section 1. Section 29-28 of the general statutes is repealed and the
16-following is substituted in lieu thereof (Effective July 1, 2023):
17-(a) No person who sells ten or more pistols or revolvers in a calendar
18-year or is a federally licensed firearm dealer shall advertise, sell, deliver,
19-or offer or expose for sale or delivery, or have in such person's
20-possession with intent to sell or deliver, any pistol or revolver at retail
21-without having a permit therefor issued as provided in this subsection.
22-The chief of police or, where there is no chief of police, the chief
23-executive officer, as defined in section 7-193, of the municipality, as
24-defined in section 7-148, or, if designated by such chief executive officer,
25-the resident state trooper serving such municipality or a state police
26-officer of the state police troop having jurisdiction over such
27-municipality, may, upon the application of any person, issue a permit
28-in such form as may be prescribed by the Commissioner of Emergency
29-Services and Public Protection for the sale at retail of pistols and
30-revolvers within the jurisdiction of the authority issuing such permit.
31-No permit for the sale at retail of any pistol or revolver shall be issued Substitute House Bill No. 6839
16+Section 1. Section 29-28 of the general statutes is repealed and the 1
17+following is substituted in lieu thereof (Effective July 1, 2023): 2
18+(a) No person who sells ten or more pistols or revolvers in a 3
19+calendar year or is a federally licensed firearm dealer shall advertise, 4
20+sell, deliver, or offer or expose for sale or delivery, or have in such 5
21+person's possession with intent to sell or deliver, any pistol or revolver 6
22+at retail without having a permit therefor issued as provided in this 7
23+subsection. The chief of police or, where there is no chief of police, the 8
24+chief executive officer, as defined in section 7-193, of the municipality, 9
25+as defined in section 7-148, or, if designated by such chief executive 10
26+officer, the resident state trooper serving such municipality or a state 11
27+police officer of the state police troop having jurisdiction over such 12
28+municipality, may, upon the application of any person, issue a permit 13
29+in such form as may be prescribed by the Commissioner of Emergency 14
30+Services and Public Protection for the sale at retail of pistols and 15
31+revolvers within the jurisdiction of the authority issuing such permit. 16
32+No permit for the sale at retail of any pistol or revolver shall be issued 17
33+unless the applicant holds a valid eligibility certificate for a pistol or 18
34+revolver issued pursuant to section 29-36f or a valid state permit to 19
35+carry a pistol or revolver issued pursuant to subsection (b) of this 20
36+section and the applicant submits documentation sufficient to establish 21 Substitute Bill No. 6839
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33-Public Act No. 23-130 2 of 17
3438
35-unless the applicant holds a valid eligibility certificate for a pistol or
36-revolver issued pursuant to section 29-36f or a valid state permit to carry
37-a pistol or revolver issued pursuant to subsection (b) of this section and
38-the applicant submits documentation sufficient to establish that local
39-zoning requirements have been met for the location where the sale is to
40-take place, except that any person selling or exchanging a pistol or
41-revolver for the enhancement of a personal collection or for a hobby or
42-who sells all or part of such person's personal collection of pistols or
43-revolvers shall not be required to submit such documentation for the
44-location where the sale or exchange is to take place.
45-(b) Upon the application of any person having a bona fide permanent
46-residence within the jurisdiction of any such authority, such chief of
47-police or, where there is no chief of police, such chief executive officer,
48-as defined in section 7-193, or, if designated by such chief executive
49-officer, a resident state trooper or state police officer, as applicable, may
50-issue a temporary state permit to such person to carry a pistol or
51-revolver within the state, provided such authority shall find that such
52-applicant intends to make no use of any pistol or revolver which such
53-applicant may be permitted to carry under such permit other than a
54-lawful use and that such person is a suitable person to receive such
55-permit. Such applicant shall submit to a state and national criminal
56-history records check in accordance with section 29-17a. If the applicant
57-has a bona fide permanent residence within the jurisdiction of any
58-federally recognized Native American tribe within the borders of the
59-state, and such tribe has a law enforcement unit, as defined in section 7-
60-294a, the chief of police of such law enforcement unit may issue a
61-temporary state permit to such person pursuant to the provisions of this
62-subsection, and any chief of police of any other law enforcement unit
63-having jurisdiction over an area containing such person's bona fide
64-permanent residence shall not issue such temporary state permit if such
65-tribal law enforcement unit accepts applications for temporary state
66-permits. Such applicant shall submit to a state and national criminal Substitute House Bill No. 6839
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41+that local zoning requirements have been met for the location where 22
42+the sale is to take place, except that any person selling or exchanging a 23
43+pistol or revolver for the enhancement of a personal collection or for a 24
44+hobby or who sells all or part of such person's personal collection of 25
45+pistols or revolvers shall not be required to submit such 26
46+documentation for the location where the sale or exchange is to take 27
47+place. 28
48+(b) Upon the application of any person having a bona fide 29
49+permanent residence within the jurisdiction of any such authority, 30
50+such chief of police or, where there is no chief of police, such chief 31
51+executive officer, as defined in section 7-193, or, if designated by such 32
52+chief executive officer, a resident state trooper or state police officer, as 33
53+applicable, may issue a temporary state permit to such person to carry 34
54+a pistol or revolver within the state, provided such authority shall find 35
55+that such applicant intends to make no use of any pistol or revolver 36
56+which such applicant may be permitted to carry under such permit 37
57+other than a lawful use and that such person is a suitable person to 38
58+receive such permit. Such applicant shall submit to a state and national 39
59+criminal history records check in accordance with section 29-17a. If the 40
60+applicant has a bona fide permanent residence within the jurisdiction 41
61+of any federally recognized Native American tribe within the borders 42
62+of the state, and such tribe has a law enforcement unit, as defined in 43
63+section 7-294a, the chief of police of such law enforcement unit may 44
64+issue a temporary state permit to such person pursuant to the 45
65+provisions of this subsection, and any chief of police of any other law 46
66+enforcement unit having jurisdiction over an area containing such 47
67+person's bona fide permanent residence shall not issue such temporary 48
68+state permit if such tribal law enforcement unit accepts applications for 49
69+temporary state permits. Such applicant shall submit to a state and 50
70+national criminal history records check in accordance with section 29-51
71+17a. No state or temporary state permit to carry a pistol or revolver 52
72+shall be issued under this subsection if the applicant (1) has failed to 53
73+successfully complete a course approved by the Commissioner of 54
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
71-temporary state permit to carry a pistol or revolver shall be issued under
72-this subsection if the applicant (1) has failed to successfully complete a
73-course approved by the Commissioner of Emergency Services and
74-Public Protection in the safety and use of pistols and revolvers
75-including, but not limited to, a safety or training course in the use of
76-pistols and revolvers available to the public offered by a law
77-enforcement agency, a private or public educational institution or a
78-firearms training school, utilizing instructors certified by the National
79-Rifle Association or the Department of Energy and Environmental
80-Protection and a safety or training course in the use of pistols or
81-revolvers conducted by an instructor certified by the state or the
82-National Rifle Association, (2) has been convicted of (A) a felony, or (B)
83-a misdemeanor violation of section 21a-279 on or after October 1, 2015,
84-or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-
85-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the
86-preceding twenty years, (3) has been convicted as delinquent for the
87-commission of a serious juvenile offense, as defined in section 46b-120,
88-(4) has been discharged from custody within the preceding twenty years
89-after having been found not guilty of a crime by reason of mental disease
90-or defect pursuant to section 53a-13, (5) (A) has been confined in a
91-hospital for persons with psychiatric disabilities, as defined in section
92-17a-495, within the preceding sixty months by order of a probate court,
93-or (B) has been voluntarily admitted on or after October 1, 2013, to a
94-hospital for persons with psychiatric disabilities, as defined in section
95-17a-495, within the preceding six months for care and treatment of a
96-psychiatric disability and not solely for being an alcohol-dependent
97-person or a drug-dependent person, as those terms are defined in
98-section 17a-680, (6) is subject to a restraining or protective order issued
99-by a court in a case involving the use, attempted use or threatened use
100-of physical force against another person, including an ex parte order
101-issued pursuant to section 46b-15 or 46b-16a, (7) is subject to a firearms
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
107-investigation order issued on or after June 1, 2022, pursuant to section
108-29-38c, (8) is prohibited from shipping, transporting, possessing or
109-receiving a firearm pursuant to 18 USC 922(g)(4), (9) is an alien illegally
110-or unlawfully in the United States, or (10) is less than twenty-one years
111-of age. Nothing in this section shall require any person who holds a
112-valid permit to carry a pistol or revolver on October 1, 1994, to
113-participate in any additional training in the safety and use of pistols and
114-revolvers. No person may apply for a temporary state permit to carry a
115-pistol or revolver more than once within any twelve-month period, and
116-no temporary state permit to carry a pistol or revolver shall be issued to
117-any person who has applied for such permit more than once within the
118-preceding twelve months. Any person who applies for a temporary state
119-permit to carry a pistol or revolver shall indicate in writing on the
120-application, under penalty of false statement in such manner as the
121-issuing authority prescribes, that such person has not applied for a
122-temporary state permit to carry a pistol or revolver within the past
123-twelve months. Upon issuance of a temporary state permit to carry a
124-pistol or revolver to the applicant, the local authority, or the chief of
125-police of a law enforcement unit of any federally recognized Native
126-American tribe within the borders of the state as referenced in this
127-subsection, shall forward the original application to the commissioner.
128-Not later than sixty days after receiving a temporary state permit, an
129-applicant shall appear at a location designated by the commissioner to
130-receive the state permit. The commissioner may then issue, to any
131-holder of any temporary state permit, a state permit to carry a pistol or
132-revolver within the state. Upon issuance of the state permit, the
133-commissioner shall make available to the permit holder a copy of the
134-law regarding the permit holder's responsibility to report the loss or
135-theft of a firearm and the penalties associated with the failure to comply
136-with such law. Upon issuance of the state permit, the commissioner shall
137-forward a record of such permit to the local authority, or the chief of
138-police of a law enforcement unit of any federally recognized Native Substitute House Bill No. 6839
79+pistols and revolvers including, but not limited to, a safety or training 56
80+course in the use of pistols and revolvers available to the public offered 57
81+by a law enforcement agency, a private or public educational 58
82+institution or a firearms training school, utilizing instructors certified 59
83+by the National Rifle Association or the Department of Energy and 60
84+Environmental Protection and a safety or training course in the use of 61
85+pistols or revolvers conducted by an instructor certified by the state or 62
86+the National Rifle Association, (2) has been convicted of (A) a felony, 63
87+or (B) a misdemeanor violation of section 21a-279 on or after October 1, 64
88+2015, or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 65
89+53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the 66
90+preceding twenty years, (3) has been convicted as delinquent for the 67
91+commission of a serious juvenile offense, as defined in section 46b-120, 68
92+(4) has been discharged from custody within the preceding twenty 69
93+years after having been found not guilty of a crime by reason of mental 70
94+disease or defect pursuant to section 53a-13, (5) (A) has been confined 71
95+in a hospital for persons with psychiatric disabilities, as defined in 72
96+section 17a-495, within the preceding sixty months by order of a 73
97+probate court, or (B) has been voluntarily admitted on or after October 74
98+1, 2013, to a hospital for persons with psychiatric disabilities, as 75
99+defined in section 17a-495, within the preceding six months for care 76
100+and treatment of a psychiatric disability and not solely for being an 77
101+alcohol-dependent person or a drug-dependent person, as those terms 78
102+are defined in section 17a-680, (6) is subject to a restraining or 79
103+protective order issued by a court in a case involving the use, 80
104+attempted use or threatened use of physical force against another 81
105+person, including an ex parte order issued pursuant to section 46b-15 82
106+or 46b-16a, (7) is subject to a firearms seizure order issued prior to June 83
107+1, 2022, pursuant to section 29-38c after notice and hearing, or a risk 84
108+protection order or risk protection investigation order issued on or 85
109+after June 1, 2022, pursuant to section 29-38c, (8) is prohibited from 86
110+shipping, transporting, possessing or receiving a firearm pursuant to 87
111+18 USC 922(g)(4), (9) is an alien illegally or unlawfully in the United 88
112+States, or (10) is less than twenty-one years of age. Nothing in this 89
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
143-subsection, issuing the temporary state permit. The commissioner shall
144-retain records of all applications, whether approved or denied. The copy
145-of the state permit delivered to the permittee shall be laminated and
146-shall contain a full-face photograph of such permittee. A person holding
147-a state permit issued pursuant to this subsection shall notify the issuing
148-authority within two business days of any change of such person's
149-address. The notification shall include the old address and the new
150-address of such person.
151-(c) No issuing authority may require any sworn member of the
152-Department of Emergency Services and Public Protection or an
153-organized local police department to furnish such sworn member's
154-residence address in a permit application. The issuing authority shall
155-allow each such sworn member who has a permit to carry a pistol or
156-revolver issued by such authority to revise such member's application
157-to include a business or post office address in lieu of the residence
158-address. The issuing authority shall notify each such member of the
159-right to revise such application.
160-(d) Notwithstanding the provisions of sections 1-210 and 1-211, the
161-name and address of a person issued a permit to sell at retail pistols and
162-revolvers pursuant to subsection (a) of this section or a state or a
163-temporary state permit to carry a pistol or revolver pursuant to
164-subsection (b) of this section, or a local permit to carry pistols and
165-revolvers issued by local authorities prior to October 1, 2001, shall be
166-confidential and shall not be disclosed, except (1) such information may
167-be disclosed to law enforcement officials acting in the performance of
168-their duties, including, but not limited to, employees of the United
169-States Probation Office acting in the performance of their duties and
170-parole officers within the Department of Correction acting in the
171-performance of their duties, (2) the issuing authority may disclose such
172-information to the extent necessary to comply with a request made Substitute House Bill No. 6839
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118+pistol or revolver on October 1, 1994, to participate in any additional 91
119+training in the safety and use of pistols and revolvers. No person may 92
120+apply for a temporary state permit to carry a pistol or revolver more 93
121+than once within any twelve-month period, and no temporary state 94
122+permit to carry a pistol or revolver shall be issued to any person who 95
123+has applied for such permit more than once within the preceding 96
124+twelve months. Any person who applies for a temporary state permit 97
125+to carry a pistol or revolver shall indicate in writing on the application, 98
126+under penalty of false statement in such manner as the issuing 99
127+authority prescribes, that such person has not applied for a temporary 100
128+state permit to carry a pistol or revolver within the past twelve 101
129+months. Upon issuance of a temporary state permit to carry a pistol or 102
130+revolver to the applicant, the local authority, or the chief of police of a 103
131+law enforcement unit of any federally recognized Native American 104
132+tribe within the borders of the state as referenced in this subsection, 105
133+shall forward the original application to the commissioner. Not later 106
134+than sixty days after receiving a temporary state permit, an applicant 107
135+shall appear at a location designated by the commissioner to receive 108
136+the state permit. The commissioner may then issue, to any holder of 109
137+any temporary state permit, a state permit to carry a pistol or revolver 110
138+within the state. Upon issuance of the state permit, the commissioner 111
139+shall make available to the permit holder a copy of the law regarding 112
140+the permit holder's responsibility to report the loss or theft of a firearm 113
141+and the penalties associated with the failure to comply with such law. 114
142+Upon issuance of the state permit, the commissioner shall forward a 115
143+record of such permit to the local authority, or the chief of police of a 116
144+law enforcement unit of any federally recognized Native American 117
145+tribe within the borders of the state as referenced in this subsection, 118
146+issuing the temporary state permit. The commissioner shall retain 119
147+records of all applications, whether approved or denied. The copy of 120
148+the state permit delivered to the permittee shall be laminated and shall 121
149+contain a full-face photograph of such permittee. A person holding a 122
150+state permit issued pursuant to this subsection shall notify the issuing 123
151+authority within two business days of any change of such person's 124
152+address. The notification shall include the old address and the new 125 Substitute Bill No. 6839
175153
176-pursuant to section 29-33, as amended by this act, 29-37a, as amended
177-by this act, or 29-38m for verification that such state or temporary state
178-permit is still valid and has not been suspended or revoked, and the
179-local authority may disclose such information to the extent necessary to
180-comply with a request made pursuant to section 29-33, as amended by
181-this act, 29-37a, as amended by this act. or 29-38m for verification that a
182-local permit is still valid and has not been suspended or revoked, and
183-(3) such information may be disclosed to the Commissioner of Mental
184-Health and Addiction Services to carry out the provisions of subsection
185-(c) of section 17a-500.
186-(e) The issuance of any permit to carry a pistol or revolver does not
187-thereby authorize the possession or carrying of a pistol or revolver in
188-any premises where the possession or carrying of a pistol or revolver is
189-otherwise prohibited by law or is prohibited by the person who owns or
190-exercises control over such premises.
191-(f) Any bona fide resident of the United States having no bona fide
192-permanent residence within the jurisdiction of any local authority in the
193-state, but who has a permit or license to carry a pistol or revolver issued
194-by the authority of another state or subdivision of the United States, may
195-apply directly to the Commissioner of Emergency Services and Public
196-Protection for a permit to carry a pistol or revolver in this state. All
197-provisions of subsections (b), (c), (d) and (e) of this section shall apply
198-to applications for a permit received by the commissioner under this
199-subsection. Such applicant shall submit to a state and national criminal
200-history records check in accordance with section 29-17a.
201-Sec. 2. Section 29-28a of the general statutes is repealed and the
202-following is substituted in lieu thereof (Effective July 1, 2023):
203-(a) Requests for temporary state permits under section 29-28, as
204-amended by this act, shall be submitted to the chief of police, the chief
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
210-subsection (b) of section 29-28, as amended by this act, or, where there
211-is no chief of police, to the chief executive officer, as defined in section
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
214-municipality or a state police officer of the state police troop having
215-jurisdiction over such municipality, on application forms prescribed by
216-the Commissioner of Emergency Services and Public Protection. Upon
217-written request by any person for a temporary state permit not on a
218-prescribed application form, or upon request by any person for such
219-application form, the local authority, or the chief of police of a law
220-enforcement unit of any federally recognized Native American tribe
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
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
168+name and address of a person issued a permit to sell at retail pistols 137
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
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
242190
243-Public Act No. 23-130 8 of 17
244191
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
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
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
278227
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
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
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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
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
345265
346-Public Act No. 23-130 11 of 17
347266
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
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
381303
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
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414-Public Act No. 23-130 13 of 17
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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
429-recognized Native American tribe within the borders of the state as
430-referenced in subsection (b) of section 29-28, as amended by this act, if
431-the applicant has a bona fide permanent residence within the
432-jurisdiction of such tribe, as the case may be, that there exists a reason
433-that would prohibit such applicant from possessing a pistol or revolver.
434-Sec. 6. Subsection (e) of section 29-33 of the general statutes is
435-repealed and the following is substituted in lieu thereof (Effective July 1,
436-2023):
437-(e) Upon the sale, delivery or other transfer of any pistol or revolver,
438-the person making the purchase or to whom the same is delivered or
439-transferred shall sign a receipt for such pistol or revolver, which shall
440-contain the name and address of such person, the date of sale, the
441-caliber, make, model and manufacturer's number and a general
442-description of such pistol or revolver, the identification number of such
443-person's permit to carry pistols or revolvers, issued pursuant to
444-subsection (b) of section 29-28, as amended by this act, permit to sell at
445-retail pistols or revolvers, issued pursuant to subsection (a) of said
446-section, or eligibility certificate for a pistol or revolver, issued pursuant Substitute House Bill No. 6839
307+weapons. 260
308+(b) The local authority, or the chief of police of a law enforcement 261
309+unit of any federally recognized Native American tribe within the 262
310+borders of the state as referenced in subsection (b) of section 29-28, as 263
311+amended by this act, or the commissioner in the case of an application 264
312+pursuant to subsection (f) of section 29-28, as amended by this act, 265
313+shall take the fingerprints of such applicant or conduct any other 266
314+method of positive identification required by the State Police Bureau of 267
315+Identification or the Federal Bureau of Investigation. [, unless the local 268
316+authority or the commissioner determines that the fingerprints of such 269
317+applicant have been previously taken and the applicant's identity 270
318+established, and such applicant presents identification that the local 271
319+authority or the commissioner verifies as valid.] The local authority, 272
320+the chief of police of a law enforcement unit of any federally 273
321+recognized Native American tribe within the borders of the state as 274
322+referenced in subsection (b) of section 29-28, as amended by this act, or 275
323+the commissioner shall record the date the fingerprints were taken in 276
324+the applicant's file and, within five business days of such date, shall 277
325+forward such fingerprints [or] and other positive identifying 278
326+information to the State Police Bureau of Identification which shall 279
327+conduct criminal history records checks in accordance with section 29-280
328+17a. 281
329+(c) The local authority, or the chief of police of a law enforcement 282
330+unit of any federally recognized Native American tribe within the 283
331+borders of the state as referenced in subsection (b) of section 29-28, as 284
332+amended by this act, may, in its discretion, issue a temporary state 285
333+permit before a national criminal history records check relative to such 286
334+applicant's record has been received. Upon receipt of the results of 287
335+such national criminal history records check, the commissioner shall 288
336+send a copy of the results of such national criminal history records 289
337+check to the local authority, or the chief of police of a law enforcement 290
338+unit of any federally recognized Native American tribe within the 291
339+borders of the state as referenced in subsection (b) of section 29-28, as 292
340+amended by this act, which shall inform the applicant and render a 293 Substitute Bill No. 6839
447341
448-Public Act No. 23-130 14 of 17
449342
450-to section 29-36f, if any, and the authorization number designated for
451-the transfer by the Department of Emergency Services and Public
452-Protection. The person, firm or corporation selling such pistol or
453-revolver or making delivery or transfer thereof shall (1) give one copy
454-of the receipt to the person making the purchase of such pistol or
455-revolver or to whom the same is delivered or transferred, (2) retain one
456-copy of the receipt for at least five years, and (3) send, by first class mail,
457-or electronically transmit, within forty-eight hours of such sale, delivery
458-or other transfer, (A) one copy of the receipt to the Commissioner of
459-Emergency Services and Public Protection, and (B) one copy of the
460-receipt to the chief of police of the municipality in which the transferee
461-resides or, where there is no chief of police, the chief executive officer of
462-the municipality, as defined in section 7-148, in which the transferee
463-resides or, if designated by such chief executive officer, the resident state
464-trooper serving such municipality or a state police officer of the state
465-police troop having jurisdiction over such municipality, or the chief of
466-police of a law enforcement unit of any federally recognized Native
467-American tribe within the borders of the state as referenced in
468-subsection (b) of section 29-28, as amended by this act, if the transferee
469-has a bona fide permanent residence within the jurisdiction of such
470-tribe.
471-Sec. 7. Subsection (d) of section 29-37a of the general statutes is
472-repealed and the following is substituted in lieu thereof (Effective July 1,
473-2023):
474-(d) No person, firm or corporation may sell, deliver or otherwise
475-transfer, at retail, any long gun to any person unless such person makes
476-application on a form prescribed and furnished by the Commissioner of
477-Emergency Services and Public Protection, which shall be attached by
478-the transferor to the federal sale or transfer document and filed and
479-retained by the transferor for at least twenty years or until such
480-transferor goes out of business. Such application shall be available for Substitute House Bill No. 6839
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482-Public Act No. 23-130 15 of 17
345+decision on the application within one week of the receipt of such 294
346+results. If such results have not been received within eight weeks after 295
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
350+referenced in subsection (b) of section 29-28, as amended by this act, 299
351+shall inform the applicant of such delay, in writing. No temporary 300
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
354+American tribe within the borders of the state as referenced in 303
355+subsection (b) of section 29-28, as amended by this act, has reason to 304
356+believe the applicant has ever been convicted of a felony, or that any 305
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
359+(d) The commissioner may investigate any applicant for a state 308
360+permit and shall investigate each applicant for renewal of a state 309
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
367+the commissioner has received the results of the national criminal 316
368+history records check. 317
369+This act shall take effect as follows and shall amend the following
370+sections:
483371
484-inspection during normal business hours by law enforcement officials.
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
490-transfer. The Department of Emergency Services and Public Protection
491-shall make every effort, including performing the national instant
492-criminal background check, to determine if the applicant is eligible to
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
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
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
505-tribe, as the case may be, that the applicant is not eligible to receive a
506-long gun. When any long gun is delivered in connection with any sale
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
509-when delivered on any sale or purchase shall be loaded or contain any
510-gunpowder or other explosive or any bullet, ball or shell. Upon the sale,
511-delivery or other transfer of the long gun, the transferee shall sign in
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
514-sale, delivery or transfer and the caliber, make, model and
515-manufacturer's number and a general description thereof. Not later than
516-twenty-four hours after such sale, delivery or transfer, the transferor Substitute House Bill No. 6839
372+Section 1 July 1, 2023 29-28
373+Sec. 2 July 1, 2023 29-28a
374+Sec. 3 July 1, 2023 29-29
517375
518-Public Act No. 23-130 16 of 17
519-
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.
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
551-
552-Public Act No. 23-130 17 of 17
553-
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.
376+PS Joint Favorable Subst.
564377