76 | | - | for waterfowl hunting, [(16)] (E) prohibit crossing over lawns and lands 53 |
---|
77 | | - | under cultivation, [(17)] (F) prohibit damage to property, livestock and 54 |
---|
78 | | - | agricultural crops, [(18)] (G) prohibit, during specified periods on 55 |
---|
79 | | - | designated areas, the training, exercising and running of dogs under 56 |
---|
80 | | - | control or uncontrolled, [(19)] (H) prohibit the operation and parking of 57 |
---|
81 | | - | vehicles on designated portions of public and private roads, parking 58 |
---|
82 | | - | areas, lanes, passageways, rights-of-way, fields and lots, [(20)] (I) 59 |
---|
83 | | - | prohibit the discarding of bottles, glass, cans, paper, junk, litter and 60 |
---|
84 | | - | trash, [(21)] (J) control the launching, anchoring, mooring, storage and 61 |
---|
85 | | - | abandonment of boats, trailers and related equipment on properties 62 |
---|
86 | | - | under the control of the commissioner, [(22)] (K) specify [(A)] (i) the 63 |
---|
87 | | - | persons who shall wear fluorescent orange clothing, [(B)] (ii) the time 64 |
---|
88 | | - | periods during which such clothing shall be worn, and [(C)] (iii) the 65 |
---|
89 | | - | types and amounts of such clothing which shall be worn, on and after 66 |
---|
90 | | - | January 1, 1989, when hunting. 67 |
---|
| 82 | + | LCO No. 5895 3 of 16 |
---|
| 83 | + | |
---|
| 84 | + | prohibit hunting while on any road adjacent to any state park, state 50 |
---|
| 85 | + | forest, premises used for the breeding, rearing or holding in captivity of 51 |
---|
| 86 | + | wildlife or premises used for zoological purposes, [(15)] (D) establish 52 |
---|
| 87 | + | minimum distances between fixed positions, floating and drift blinds 53 |
---|
| 88 | + | for waterfowl hunting, [(16)] (E) prohibit crossing over lawns and lands 54 |
---|
| 89 | + | under cultivation, [(17)] (F) prohibit damage to property, livestock and 55 |
---|
| 90 | + | agricultural crops, [(18)] (G) prohibit, during specified periods on 56 |
---|
| 91 | + | designated areas, the training, exercising and running of dogs under 57 |
---|
| 92 | + | control or uncontrolled, [(19)] (H) prohibit the operation and parking of 58 |
---|
| 93 | + | vehicles on designated portions of public and private roads, parking 59 |
---|
| 94 | + | areas, lanes, passageways, rights-of-way, fields and lots, [(20)] (I) 60 |
---|
| 95 | + | prohibit the discarding of bottles, glass, cans, paper, junk, litter and 61 |
---|
| 96 | + | trash, [(21)] (J) control the launching, anchoring, mooring, storage and 62 |
---|
| 97 | + | abandonment of boats, trailers and related equipment on properties 63 |
---|
| 98 | + | under the control of the commissioner, [(22)] (K) specify [(A)] (i) the 64 |
---|
| 99 | + | persons who shall wear fluorescent orange clothing, [(B)] (ii) the time 65 |
---|
| 100 | + | periods during which such clothing shall be worn, and [(C)] (iii) the 66 |
---|
| 101 | + | types and amounts of such clothing which shall be worn, on and after 67 |
---|
| 102 | + | January 1, 1989, when hunting. 68 |
---|
| 103 | + | Sec. 3. Section 53-202w of the general statutes is repealed and the 69 |
---|
| 104 | + | following is substituted in lieu thereof (Effective July 1, 2025): 70 |
---|
| 105 | + | (a) As used in this section and section 53-202x: 71 |
---|
| 106 | + | (1) "Large capacity magazine" means any firearm magazine, belt, 72 |
---|
| 107 | + | drum, feed strip or similar device that has the capacity of, or can be 73 |
---|
| 108 | + | readily restored or converted to accept, more than ten rounds of 74 |
---|
| 109 | + | ammunition, but does not include: (A) A feeding device that has been 75 |
---|
| 110 | + | permanently altered so that it cannot accommodate more than ten 76 |
---|
| 111 | + | rounds of ammunition, (B) a .22 caliber tube ammunition feeding 77 |
---|
| 112 | + | device, (C) a tubular magazine that is contained in a lever-action 78 |
---|
| 113 | + | firearm, or (D) a magazine that is permanently inoperable; 79 |
---|
| 114 | + | (2) "Lawfully possesses", with respect to a large capacity magazine, 80 |
---|
| 115 | + | Raised Bill No. 7194 |
---|
| 116 | + | |
---|
| 117 | + | |
---|
| 118 | + | |
---|
| 119 | + | LCO No. 5895 4 of 16 |
---|
| 120 | + | |
---|
| 121 | + | means that a person has (A) actual and lawful possession of the large 81 |
---|
| 122 | + | capacity magazine, (B) constructive possession of the large capacity 82 |
---|
| 123 | + | magazine pursuant to a lawful purchase of a firearm that contains a 83 |
---|
| 124 | + | large capacity magazine that was transacted prior to or on April 4, 2013, 84 |
---|
| 125 | + | regardless of whether the firearm was delivered to the purchaser prior 85 |
---|
| 126 | + | to or on April 4, 2013, which lawful purchase is evidenced by a writing 86 |
---|
| 127 | + | sufficient to indicate that (i) a contract for sale was made between the 87 |
---|
| 128 | + | parties prior to or on April 4, 2013, for the purchase of the firearm, or (ii) 88 |
---|
| 129 | + | full or partial payment for the firearm was made by the purchaser to the 89 |
---|
| 130 | + | seller of the firearm prior to or on April 4, 2013, or (C) actual possession 90 |
---|
| 131 | + | under subparagraph (A) of this subdivision, or constructive possession 91 |
---|
| 132 | + | under subparagraph (B) of this subdivision, as evidenced by a written 92 |
---|
| 133 | + | statement made under penalty of false statement on such form as the 93 |
---|
| 134 | + | Commissioner of Emergency Services and Public Protection prescribes; 94 |
---|
| 135 | + | and 95 |
---|
| 136 | + | (3) "Licensed gun dealer" means a person who has a federal firearms 96 |
---|
| 137 | + | license and a permit to sell firearms pursuant to section 29-28. 97 |
---|
| 138 | + | (b) Except as provided in this section, on and after April 5, 2013, any 98 |
---|
| 139 | + | person who, within this state, distributes, imports into this state, keeps 99 |
---|
| 140 | + | for sale, offers or exposes for sale, or purchases a large capacity 100 |
---|
| 141 | + | magazine shall be guilty of a class D felony. On and after April 5, 2013, 101 |
---|
| 142 | + | any person who, within this state, transfers a large capacity magazine, 102 |
---|
| 143 | + | except as provided in subsection (f) of this section, shall be guilty of a 103 |
---|
| 144 | + | class D felony. 104 |
---|
| 145 | + | (c) Except as provided in this section and section 53-202x, any person 105 |
---|
| 146 | + | who possesses a large capacity magazine shall be guilty of a (1) class D 106 |
---|
| 147 | + | felony if such person is ineligible to possess a firearm under state or 107 |
---|
| 148 | + | federal law, or (2) class A misdemeanor if such person is not ineligible 108 |
---|
| 149 | + | to possess a firearm under state or federal law. 109 |
---|
| 150 | + | (d) A large capacity magazine may be possessed, purchased or 110 |
---|
| 151 | + | imported by: 111 |
---|
| 152 | + | Raised Bill No. 7194 |
---|
| 153 | + | |
---|
| 154 | + | |
---|
| 155 | + | |
---|
| 156 | + | LCO No. 5895 5 of 16 |
---|
| 157 | + | |
---|
| 158 | + | (1) The Department of Emergency Services and Public Protection, 112 |
---|
| 159 | + | police departments, the Department of Correction, the Division of 113 |
---|
| 160 | + | Criminal Justice, the Department of Motor Vehicles, the Department of 114 |
---|
| 161 | + | Energy and Environmental Protection or the military or naval forces of 115 |
---|
| 162 | + | this state or of the United States; 116 |
---|
| 163 | + | (2) A sworn and duly certified member of an organized police 117 |
---|
| 164 | + | department, the Division of State Police within the Department of 118 |
---|
| 165 | + | Emergency Services and Public Protection or the Department of 119 |
---|
| 166 | + | Correction, a chief inspector or inspector in the Division of Criminal 120 |
---|
| 167 | + | Justice, a salaried inspector of motor vehicles designated by the 121 |
---|
| 168 | + | Commissioner of Motor Vehicles, a conservation officer or special 122 |
---|
| 169 | + | conservation officer appointed by the Commissioner of Energy and 123 |
---|
| 170 | + | Environmental Protection pursuant to section 26-5, or a constable who 124 |
---|
| 171 | + | is certified by the Police Officer Standards and Training Council and 125 |
---|
| 172 | + | appointed by the chief executive authority of a town, city or borough to 126 |
---|
| 173 | + | perform criminal law enforcement duties, for use by such sworn 127 |
---|
| 174 | + | member, inspector, officer or constable in the discharge of such sworn 128 |
---|
| 175 | + | member's, inspector's, officer's or constable's official duties or when off 129 |
---|
| 176 | + | duty; 130 |
---|
| 177 | + | (3) A member of the military or naval forces of this state or of the 131 |
---|
| 178 | + | United States; 132 |
---|
| 179 | + | (4) A nuclear facility licensed by the United States Nuclear 133 |
---|
| 180 | + | Regulatory Commission for the purpose of providing security services 134 |
---|
| 181 | + | at such facility, or any contractor or subcontractor of such facility for the 135 |
---|
| 182 | + | purpose of providing security services at such facility; 136 |
---|
| 183 | + | (5) Any person who is sworn and acts as a policeman on behalf of an 137 |
---|
| 184 | + | armored car service pursuant to section 29-20 in the discharge of such 138 |
---|
| 185 | + | person's official duties; or 139 |
---|
| 186 | + | (6) Any person, firm or corporation engaged in the business of 140 |
---|
| 187 | + | manufacturing large capacity magazines in this state that manufactures, 141 |
---|
| 188 | + | purchases, tests or transports large capacity magazines in this state for 142 |
---|
| 189 | + | Raised Bill No. 7194 |
---|
| 190 | + | |
---|
| 191 | + | |
---|
| 192 | + | |
---|
| 193 | + | LCO No. 5895 6 of 16 |
---|
| 194 | + | |
---|
| 195 | + | sale within this state to persons specified in subdivisions (1) to (5), 143 |
---|
| 196 | + | inclusive, of this subsection or for sale outside this state, or a federally-144 |
---|
| 197 | + | licensed firearm manufacturer engaged in the business of 145 |
---|
| 198 | + | manufacturing firearms or large capacity magazines in this state that 146 |
---|
| 199 | + | manufactures, purchases, tests or transports firearms or large capacity 147 |
---|
| 200 | + | magazines in this state for sale within this state to persons specified in 148 |
---|
| 201 | + | subdivisions (1) to (5), inclusive, of this subsection or for sale outside 149 |
---|
| 202 | + | this state. 150 |
---|
| 203 | + | (e) A large capacity magazine may be possessed by: 151 |
---|
| 204 | + | (1) A licensed gun dealer; 152 |
---|
| 205 | + | (2) A gunsmith who is in a licensed gun dealer's employ, who 153 |
---|
| 206 | + | possesses such large capacity magazine for the purpose of servicing or 154 |
---|
| 207 | + | repairing a lawfully possessed large capacity magazine; 155 |
---|
| 208 | + | (3) A person, firm, corporation or federally-licensed firearm 156 |
---|
| 209 | + | manufacturer described in subdivision (6) of subsection (d) of this 157 |
---|
| 210 | + | section that possesses a large capacity magazine that is lawfully 158 |
---|
| 211 | + | possessed by another person for the purpose of servicing or repairing 159 |
---|
| 212 | + | the large capacity magazine; 160 |
---|
| 213 | + | (4) Any person who has declared possession of the magazine 161 |
---|
| 214 | + | pursuant to section 53-202x; or 162 |
---|
| 215 | + | (5) Any person who is the executor or administrator of an estate that 163 |
---|
| 216 | + | includes a large capacity magazine, or the trustee of a trust that includes 164 |
---|
| 217 | + | a large capacity magazine, the possession of which has been declared to 165 |
---|
| 218 | + | the Department of Emergency Services and Public Protection pursuant 166 |
---|
| 219 | + | to section 53-202x, which is disposed of as authorized by the Probate 167 |
---|
| 220 | + | Court, if the disposition is otherwise permitted by this section and 168 |
---|
| 221 | + | section 53-202x. 169 |
---|
| 222 | + | (f) Subsection (b) of this section shall not prohibit: 170 |
---|
| 223 | + | (1) The transfer of a large capacity magazine, the possession of which 171 |
---|
| 224 | + | Raised Bill No. 7194 |
---|
| 225 | + | |
---|
| 226 | + | |
---|
| 227 | + | |
---|
| 228 | + | LCO No. 5895 7 of 16 |
---|
| 229 | + | |
---|
| 230 | + | has been declared to the Department of Emergency Services and Public 172 |
---|
| 231 | + | Protection pursuant to section 53-202x, by bequest or intestate 173 |
---|
| 232 | + | succession, or, upon the death of a testator or settlor: (A) To a trust, or 174 |
---|
| 233 | + | (B) from a trust to a beneficiary; 175 |
---|
| 234 | + | (2) The transfer of a large capacity magazine to a police department 176 |
---|
| 235 | + | or the Department of Emergency Services and Public Protection; 177 |
---|
| 236 | + | (3) The transfer of a large capacity magazine to a licensed gun dealer 178 |
---|
| 237 | + | in accordance with section 53-202x; [or] 179 |
---|
| 238 | + | (4) The transfer of a large capacity magazine prior to October 1, 2013, 180 |
---|
| 239 | + | from a licensed gun dealer, pawnbroker licensed under section 21-40, or 181 |
---|
| 240 | + | consignment shop operator, as defined in section 21-39a, to any person 182 |
---|
| 241 | + | who (A) possessed the large capacity magazine prior to or on April 4, 183 |
---|
| 242 | + | 2013, (B) placed a firearm that such person legally possessed, with the 184 |
---|
| 243 | + | large capacity magazine included or attached, in the possession of such 185 |
---|
| 244 | + | dealer, pawnbroker or operator prior to or on April 4, 2013, pursuant to 186 |
---|
| 245 | + | an agreement between such person and such dealer, pawnbroker or 187 |
---|
| 246 | + | operator for the sale of the firearm to a third person, and (C) is eligible 188 |
---|
| 247 | + | to possess the firearm on the date of such transfer; or 189 |
---|
| 248 | + | (5) The transfer of a large capacity magazine within this state between 190 |
---|
| 249 | + | any of the persons specified in subdivisions (1) to (5), inclusive, of 191 |
---|
| 250 | + | subsection (e) of this section. 192 |
---|
| 251 | + | (g) The court may order suspension of prosecution in addition to any 193 |
---|
| 252 | + | other diversionary programs available to the defendant, if the court 194 |
---|
| 253 | + | finds that a violation of this section is not of a serious nature and that 195 |
---|
| 254 | + | the person charged with such violation (1) will probably not offend in 196 |
---|
| 255 | + | the future, (2) has not previously been convicted of a violation of this 197 |
---|
| 256 | + | section, and (3) has not previously had a prosecution under this section 198 |
---|
| 257 | + | suspended pursuant to this subsection, it may order suspension of 199 |
---|
| 258 | + | prosecution in accordance with the provisions of subsection (i) of section 200 |
---|
| 259 | + | 29-33. 201 |
---|
| 260 | + | Raised Bill No. 7194 |
---|
| 261 | + | |
---|
| 262 | + | |
---|
| 263 | + | |
---|
| 264 | + | LCO No. 5895 8 of 16 |
---|
| 265 | + | |
---|
| 266 | + | Sec. 4. Section 53-202d of the general statutes is repealed and the 202 |
---|
| 267 | + | following is substituted in lieu thereof (Effective July 1, 2025): 203 |
---|
| 268 | + | (a) (1) (A) Except as provided in subparagraph (B) of this subdivision, 204 |
---|
| 269 | + | any person who lawfully possesses an assault weapon, as defined in 205 |
---|
| 270 | + | subparagraph (A) of subdivision (1) of section 53-202a, prior to October 206 |
---|
| 271 | + | 1, 1993, shall apply by October 1, 1994, or, if such person is a member of 207 |
---|
| 272 | + | the military or naval forces of this state or of the United States and is 208 |
---|
| 273 | + | unable to apply by October 1, 1994, because such member is or was on 209 |
---|
| 274 | + | official duty outside of this state, shall apply within ninety days of 210 |
---|
| 275 | + | returning to the state to the Department of Emergency Services and 211 |
---|
| 276 | + | Public Protection, for a certificate of possession with respect to such 212 |
---|
| 277 | + | assault weapon. 213 |
---|
| 278 | + | (B) No person who lawfully possesses an assault weapon pursuant to 214 |
---|
| 279 | + | subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 215 |
---|
| 280 | + | required to obtain a certificate of possession pursuant to this subdivision 216 |
---|
| 281 | + | with respect to an assault weapon used for official duties, except that 217 |
---|
| 282 | + | any person described in subdivision (2) of subsection (b) of section 53-218 |
---|
| 283 | + | 202c who purchases an assault weapon, as defined in subparagraph (A) 219 |
---|
| 284 | + | of subdivision (1) of section 53-202a, for use in the discharge of official 220 |
---|
| 285 | + | duties who retires or is otherwise separated from service shall apply 221 |
---|
| 286 | + | within ninety days of such retirement or separation from service to the 222 |
---|
| 287 | + | Department of Emergency Services and Public Protection for a 223 |
---|
| 288 | + | certificate of possession with respect to such assault weapon. 224 |
---|
| 289 | + | (2) (A) Except as provided in subparagraph (B) of this subdivision, 225 |
---|
| 290 | + | any person who lawfully possesses an assault weapon, as defined in any 226 |
---|
| 291 | + | provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 227 |
---|
| 292 | + | section 53-202a, on April 4, 2013, under the provisions of sections 53-228 |
---|
| 293 | + | 202a to 53-202k, inclusive, in effect on January 1, 2013, or any person 229 |
---|
| 294 | + | who regains possession of an assault weapon as defined in any 230 |
---|
| 295 | + | provision of said subparagraphs pursuant to subsection (e) of section 231 |
---|
| 296 | + | 53-202f, or any person who lawfully purchases a firearm on or after 232 |
---|
| 297 | + | April 4, 2013, but prior to June 18, 2013, that meets the criteria set forth 233 |
---|
| 298 | + | Raised Bill No. 7194 |
---|
| 299 | + | |
---|
| 300 | + | |
---|
| 301 | + | |
---|
| 302 | + | LCO No. 5895 9 of 16 |
---|
| 303 | + | |
---|
| 304 | + | in subdivision (3) or (4) of subsection (a) of section 53-202a of the general 234 |
---|
| 305 | + | statutes, revision of 1958, revised to January 1, 2013, shall apply by 235 |
---|
| 306 | + | January 1, 2014, or, if such person is a member of the military or naval 236 |
---|
| 307 | + | forces of this state or of the United States and is unable to apply by 237 |
---|
| 308 | + | January 1, 2014, because such member is or was on official duty outside 238 |
---|
| 309 | + | of this state, shall apply within ninety days of returning to the state to 239 |
---|
| 310 | + | the Department of Emergency Services and Public Protection for a 240 |
---|
| 311 | + | certificate of possession with respect to such assault weapon. Any 241 |
---|
| 312 | + | person who lawfully purchases a semiautomatic pistol that is defined as 242 |
---|
| 313 | + | an assault weapon in any provision of subparagraphs (B) to (F), 243 |
---|
| 314 | + | inclusive, of subdivision (1) of section 53-202a that the Commissioner of 244 |
---|
| 315 | + | Emergency Services and Public Protection designates as being designed 245 |
---|
| 316 | + | expressly for use in target shooting events at the Olympic games 246 |
---|
| 317 | + | sponsored by the International Olympic Committee pursuant to 247 |
---|
| 318 | + | regulations adopted under subdivision (4) of subsection (b) of section 248 |
---|
| 319 | + | 53-202b shall apply within ninety days of such purchase to the 249 |
---|
| 320 | + | Department of Emergency Services and Public Protection for a 250 |
---|
| 321 | + | certificate of possession with respect to such assault weapon. 251 |
---|
| 322 | + | (B) No person who lawfully possesses an assault weapon pursuant to 252 |
---|
| 323 | + | subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 253 |
---|
| 324 | + | required to obtain a certificate of possession pursuant to this subdivision 254 |
---|
| 325 | + | with respect to an assault weapon used for official duties, except that 255 |
---|
| 326 | + | any person described in subdivision (2) of subsection (b) of section 53-256 |
---|
| 327 | + | 202c who purchases an assault weapon, as defined in any provision of 257 |
---|
| 328 | + | subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a 258 |
---|
| 329 | + | for use in the discharge of official duties who retires or is otherwise 259 |
---|
| 330 | + | separated from service shall apply within ninety days of such retirement 260 |
---|
| 331 | + | or separation from service to the Department of Emergency Services and 261 |
---|
| 332 | + | Public Protection for a certificate of possession with respect to such 262 |
---|
| 333 | + | assault weapon. 263 |
---|
| 334 | + | (3) Any person who obtained a certificate of possession for an assault 264 |
---|
| 335 | + | weapon, as defined in subparagraph (A) of subdivision (1) of section 53-265 |
---|
| 336 | + | 202a, prior to April 5, 2013, that is defined as an assault weapon 266 |
---|
| 337 | + | Raised Bill No. 7194 |
---|
| 338 | + | |
---|
| 339 | + | |
---|
| 340 | + | |
---|
| 341 | + | LCO No. 5895 10 of 16 |
---|
| 342 | + | |
---|
| 343 | + | pursuant to any provision of subparagraphs (B) to (F), inclusive, of 267 |
---|
| 344 | + | subdivision (1) of section 53-202a shall be deemed to have obtained a 268 |
---|
| 345 | + | certificate of possession for such assault weapon for the purposes of 269 |
---|
| 346 | + | sections 53-202a to 53-202k, inclusive, and shall not be required to obtain 270 |
---|
| 347 | + | a subsequent certificate of possession for such assault weapon. 271 |
---|
| 348 | + | (4) (A) Except as provided in subparagraphs (B) and (C) of this 272 |
---|
| 349 | + | subdivision, any person who lawfully possesses a 2023 assault weapon 273 |
---|
| 350 | + | on June 5, 2023, under the provisions of sections 53-202a to 53-202k, 274 |
---|
| 351 | + | inclusive, in effect on January 1, 2023, or any person who regains 275 |
---|
| 352 | + | possession of a 2023 assault weapon pursuant to subdivision (2) of 276 |
---|
| 353 | + | subsection (e) of section 53-202f, shall apply by May 1, 2024, or, if such 277 |
---|
| 354 | + | person is a member of the military or naval forces of this state or of the 278 |
---|
| 355 | + | United States and is unable to apply by May 1, 2024, because such 279 |
---|
| 356 | + | member is or was on official duty outside of this state, shall apply within 280 |
---|
| 357 | + | ninety days of returning to the state to the Department of Emergency 281 |
---|
| 358 | + | Services and Public Protection for a certificate of possession with respect 282 |
---|
| 359 | + | to such assault weapon. The Department of Emergency Services and 283 |
---|
| 360 | + | Public Protection shall accept applications both in paper and electronic 284 |
---|
| 361 | + | form, to the extent practicable, and shall not require such applications 285 |
---|
| 362 | + | be notarized. 286 |
---|
| 363 | + | (B) No person who lawfully possesses an assault weapon pursuant to 287 |
---|
| 364 | + | subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be 288 |
---|
| 365 | + | required to obtain a certificate of possession pursuant to this subdivision 289 |
---|
| 366 | + | with respect to an assault weapon used for official duties, except that 290 |
---|
| 367 | + | any person described in subdivision (2) of subsection (b) of section 53-291 |
---|
| 368 | + | 202c who purchases a 2023 assault weapon for use in the discharge of 292 |
---|
| 369 | + | official duties who retires or is otherwise separated from service shall 293 |
---|
| 370 | + | apply within ninety days of such retirement or separation from service 294 |
---|
| 371 | + | to the Department of Emergency Services and Public Protection for a 295 |
---|
| 372 | + | certificate of possession with respect to such assault weapon. 296 |
---|
| 373 | + | (C) Any person who lawfully possesses a 2023 assault weapon 297 |
---|
| 374 | + | pursuant to the provisions of subsection (f) of section 53-202c and whose 298 |
---|
| 375 | + | Raised Bill No. 7194 |
---|
| 376 | + | |
---|
| 377 | + | |
---|
| 378 | + | |
---|
| 379 | + | LCO No. 5895 11 of 16 |
---|
| 380 | + | |
---|
| 381 | + | Form 1 application to the Bureau of Alcohol, Tobacco, Firearms and 299 |
---|
| 382 | + | Explosives has not yet been processed may, instead of following the 300 |
---|
| 383 | + | procedure specified in subparagraph (A) of this subdivision, apply by 301 |
---|
| 384 | + | May 1, 2024, to the Department of Emergency Services and Public 302 |
---|
| 385 | + | Protection for a temporary certificate of possession with respect to such 303 |
---|
| 386 | + | assault weapon. Such temporary certificate of possession shall expire on 304 |
---|
| 387 | + | the earlier of January 1, 2027, and the date seven days succeeding a 305 |
---|
| 388 | + | denial of the Form 1 application. When the Form 1 application is 306 |
---|
| 389 | + | approved with respect to such assault weapon, such person may apply 307 |
---|
| 390 | + | to the Department of Emergency Services and Public Protection to 308 |
---|
| 391 | + | convert such temporary certificate of possession into a certificate of 309 |
---|
| 392 | + | possession with respect to such assault weapon. If a complete 310 |
---|
| 393 | + | application to convert is received, the Commissioner of Emergency 311 |
---|
| 394 | + | Services and Public Protection shall approve the application. For the 312 |
---|
| 395 | + | purposes of this subparagraph, a full and complete Form 1 application 313 |
---|
| 396 | + | submitted to the Department of Emergency Services and Public 314 |
---|
| 397 | + | Protection in a form and manner determined by the department shall be 315 |
---|
| 398 | + | sufficient to constitute a complete application for a temporary certificate 316 |
---|
| 399 | + | of possession, and a copy of the notice that a Form 1 application has 317 |
---|
| 400 | + | been approved shall constitute a complete application to convert a 318 |
---|
| 401 | + | temporary certificate of possession into a certificate of possession. The 319 |
---|
| 402 | + | Department of Emergency Services and Public Protection shall accept 320 |
---|
| 403 | + | applications under this subparagraph both in paper and electronic form, 321 |
---|
| 404 | + | to the extent practicable, and shall not require such applications to be 322 |
---|
| 405 | + | notarized. 323 |
---|
| 406 | + | (5) Any person who obtained a certificate of possession for an assault 324 |
---|
| 407 | + | weapon, as defined in any provision of subparagraphs (A) to (F), 325 |
---|
| 408 | + | inclusive, of subdivision (1) of section 53-202a prior to June 6, 2023, that 326 |
---|
| 409 | + | is also a 2023 assault weapon shall be deemed to have obtained a 327 |
---|
| 410 | + | certificate of possession for such assault weapon for the purposes of 328 |
---|
| 411 | + | sections 53-202a to 53-202k, inclusive, and shall not be required to obtain 329 |
---|
| 412 | + | a subsequent certificate of possession for such assault weapon. 330 |
---|
| 413 | + | (6) The certificate of possession shall contain a description of the 331 |
---|
| 414 | + | Raised Bill No. 7194 |
---|
| 415 | + | |
---|
| 416 | + | |
---|
| 417 | + | |
---|
| 418 | + | LCO No. 5895 12 of 16 |
---|
| 419 | + | |
---|
| 420 | + | firearm that identifies it uniquely, including all identification marks, the 332 |
---|
| 421 | + | full name, address, date of birth and thumbprint of the owner, and any 333 |
---|
| 422 | + | other information as the department may deem appropriate. 334 |
---|
| 423 | + | (7) The department shall adopt regulations, in accordance with the 335 |
---|
| 424 | + | provisions of chapter 54, to establish procedures with respect to the 336 |
---|
| 425 | + | application for and issuance of certificates of possession pursuant to this 337 |
---|
| 426 | + | section. Notwithstanding the provisions of sections 1-210 and 1-211, the 338 |
---|
| 427 | + | name and address of a person issued a certificate of possession shall be 339 |
---|
| 428 | + | confidential and shall not be disclosed, except such records may be 340 |
---|
| 429 | + | disclosed to (A) law enforcement agencies and employees of the United 341 |
---|
| 430 | + | States Probation Office acting in the performance of their duties and 342 |
---|
| 431 | + | parole officers within the Department of Correction acting in the 343 |
---|
| 432 | + | performance of their duties, and (B) the Commissioner of Mental Health 344 |
---|
| 433 | + | and Addiction Services to carry out the provisions of subsection (c) of 345 |
---|
| 434 | + | section 17a-500. 346 |
---|
| 435 | + | (b) (1) No assault weapon, as defined in subparagraph (A) of 347 |
---|
| 436 | + | subdivision (1) of section 53-202a, possessed pursuant to a certificate of 348 |
---|
| 437 | + | possession issued under this section may be sold or transferred on or 349 |
---|
| 438 | + | after January 1, 1994, to any person within this state other than to a 350 |
---|
| 439 | + | licensed gun dealer, as defined in subsection (f) of section 53-202f, or as 351 |
---|
| 440 | + | provided in section 53-202e, or as provided in subsection (g) of section 352 |
---|
| 441 | + | 53-202f, as amended by this act, or by bequest or intestate succession, or, 353 |
---|
| 442 | + | upon the death of a testator or settlor: (A) To a trust, or (B) from a trust 354 |
---|
| 443 | + | to a beneficiary who is eligible to possess the assault weapon. 355 |
---|
| 444 | + | (2) No assault weapon, as defined in any provision of subparagraphs 356 |
---|
| 445 | + | (B) to (F), inclusive, of subdivision (1) of section 53-202a, possessed 357 |
---|
| 446 | + | pursuant to a certificate of possession issued under this section may be 358 |
---|
| 447 | + | sold or transferred on or after April 5, 2013, to any person within this 359 |
---|
| 448 | + | state other than to a licensed gun dealer, as defined in subsection (f) of 360 |
---|
| 449 | + | section 53-202f, or as provided in section 53-202e, or as provided in 361 |
---|
| 450 | + | subsection (g) of section 53-202f, as amended by this act, or by bequest 362 |
---|
| 451 | + | or intestate succession, or, upon the death of a testator or settlor: (A) To 363 |
---|
| 452 | + | Raised Bill No. 7194 |
---|
| 453 | + | |
---|
| 454 | + | |
---|
| 455 | + | |
---|
| 456 | + | LCO No. 5895 13 of 16 |
---|
| 457 | + | |
---|
| 458 | + | a trust, or (B) from a trust to a beneficiary who is eligible to possess the 364 |
---|
| 459 | + | assault weapon. 365 |
---|
| 460 | + | (3) No 2023 assault weapon possessed pursuant to a certificate of 366 |
---|
| 461 | + | possession issued under this section may be sold or transferred on or 367 |
---|
| 462 | + | after June 6, 2023, to any person within this state other than to a licensed 368 |
---|
| 463 | + | gun dealer, or as provided in section 53-202e, or as provided in 369 |
---|
| 464 | + | subsection (g) of section 53-202f, as amended by this act, or by bequest 370 |
---|
| 465 | + | or intestate succession, or, upon the death of a testator or settlor: (A) To 371 |
---|
| 466 | + | a trust, or (B) from a trust to a beneficiary who is eligible to possess the 372 |
---|
| 467 | + | assault weapon. 373 |
---|
| 468 | + | (c) Any person who obtains title to an assault weapon for which a 374 |
---|
| 469 | + | certificate of possession has been issued under this section by (1) 375 |
---|
| 470 | + | transfer pursuant to subsection (g) of section 53-202f, as amended by 376 |
---|
| 471 | + | this act, or (2) bequest or intestate succession shall, within ninety days 377 |
---|
| 472 | + | of obtaining title, apply to the Department of Emergency Services and 378 |
---|
| 473 | + | Public Protection for a certificate of possession as provided in subsection 379 |
---|
| 474 | + | (a) of this section, render the assault weapon permanently inoperable, 380 |
---|
| 475 | + | sell the assault weapon to a licensed gun dealer or remove the assault 381 |
---|
| 476 | + | weapon from the state. 382 |
---|
| 477 | + | (d) Any person who moves into the state in lawful possession of an 383 |
---|
| 478 | + | assault weapon, shall, within ninety days, either render the assault 384 |
---|
| 479 | + | weapon permanently inoperable, sell the assault weapon to a licensed 385 |
---|
| 480 | + | gun dealer or remove the assault weapon from this state, except that any 386 |
---|
| 481 | + | person who is a member of the military or naval forces of this state or of 387 |
---|
| 482 | + | the United States, is in lawful possession of an assault weapon and has 388 |
---|
| 483 | + | been transferred into the state after October 1, 1994, may, within ninety 389 |
---|
| 484 | + | days of arriving in the state, apply to the Department of Emergency 390 |
---|
| 485 | + | Services and Public Protection for a certificate of possession with respect 391 |
---|
| 486 | + | to such assault weapon. 392 |
---|
| 487 | + | (e) If an owner of an assault weapon sells or transfers the assault 393 |
---|
| 488 | + | weapon to a licensed gun dealer, such dealer shall, at the time of 394 |
---|
| 489 | + | Raised Bill No. 7194 |
---|
| 490 | + | |
---|
| 491 | + | |
---|
| 492 | + | |
---|
| 493 | + | LCO No. 5895 14 of 16 |
---|
| 494 | + | |
---|
| 495 | + | delivery of the assault weapon, execute a certificate of transfer and cause 395 |
---|
| 496 | + | the certificate of transfer to be mailed or delivered to the Commissioner 396 |
---|
| 497 | + | of Emergency Services and Public Protection. The certificate of transfer 397 |
---|
| 498 | + | shall contain: (1) The date of sale or transfer; (2) the name and address 398 |
---|
| 499 | + | of the seller or transferor and the licensed gun dealer, their Social 399 |
---|
| 500 | + | Security numbers or motor vehicle operator license numbers, if 400 |
---|
| 501 | + | applicable; (3) the licensed gun dealer's federal firearms license number 401 |
---|
| 502 | + | and seller's permit number; (4) a description of the assault weapon, 402 |
---|
| 503 | + | including the caliber of the assault weapon and its make, model and 403 |
---|
| 504 | + | serial number; and (5) any other information the commissioner 404 |
---|
| 505 | + | prescribes. The licensed gun dealer shall present such dealer's motor 405 |
---|
| 506 | + | vehicle operator's license or Social Security card, federal firearms license 406 |
---|
| 507 | + | and seller's permit to the seller or transferor for inspection at the time of 407 |
---|
| 508 | + | purchase or transfer. The Commissioner of Emergency Services and 408 |
---|
| 509 | + | Public Protection shall maintain a file of all certificates of transfer at the 409 |
---|
| 510 | + | commissioner's central office. 410 |
---|
| 511 | + | (f) Any person who has been issued a certificate of possession for an 411 |
---|
| 512 | + | assault weapon under this section may possess the assault weapon only 412 |
---|
| 513 | + | under the following conditions: 413 |
---|
| 514 | + | (1) At that person's residence, place of business or other property 414 |
---|
| 515 | + | owned by that person, or on property owned by another person with 415 |
---|
| 516 | + | the owner's express permission; 416 |
---|
| 517 | + | (2) While on the premises of a target range of a public or private club 417 |
---|
| 518 | + | or organization organized for the purpose of practicing shooting at 418 |
---|
| 519 | + | targets; 419 |
---|
| 520 | + | (3) While on a target range which holds a regulatory or business 420 |
---|
| 521 | + | license for the purpose of practicing shooting at that target range; 421 |
---|
| 522 | + | (4) While on the premises of a licensed shooting club; 422 |
---|
| 523 | + | (5) While attending any exhibition, display or educational project 423 |
---|
| 524 | + | which is about firearms and which is sponsored by, conducted under 424 |
---|
| 525 | + | Raised Bill No. 7194 |
---|
| 526 | + | |
---|
| 527 | + | |
---|
| 528 | + | |
---|
| 529 | + | LCO No. 5895 15 of 16 |
---|
| 530 | + | |
---|
| 531 | + | the auspices of, or approved by a law enforcement agency or a 425 |
---|
| 532 | + | nationally or state recognized entity that fosters proficiency in, or 426 |
---|
| 533 | + | promotes education about, firearms; 427 |
---|
| 534 | + | (6) While transporting the assault weapon between any of the places 428 |
---|
| 535 | + | set forth in this subsection, or to any licensed gun dealer, as defined in 429 |
---|
| 536 | + | subsection (f) of section 53-202f, for servicing or repair pursuant to 430 |
---|
| 537 | + | subsection (c) of section 53-202f, or for purposes of a transfer pursuant 431 |
---|
| 538 | + | to subsection (g) of section 53-202f, as amended by this act, provided the 432 |
---|
| 539 | + | assault weapon is transported as required by section 53-202f, as 433 |
---|
| 540 | + | amended by this act; 434 |
---|
| 541 | + | (7) With respect to a nonresident of this state, while transporting a 435 |
---|
| 542 | + | semiautomatic pistol that is defined as an assault weapon in any 436 |
---|
| 543 | + | provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 437 |
---|
| 544 | + | section 53-202a that the Commissioner of Emergency Services and 438 |
---|
| 545 | + | Public Protection designates as being designed expressly for use in 439 |
---|
| 546 | + | target shooting events at the Olympic games sponsored by the 440 |
---|
| 547 | + | International Olympic Committee pursuant to regulations adopted 441 |
---|
| 548 | + | under subdivision (4) of subsection (b) of section 53-202b, into or 442 |
---|
| 549 | + | through this state in order to attend any exhibition, display or 443 |
---|
| 550 | + | educational project described in subdivision (5) of this subsection, or to 444 |
---|
| 551 | + | participate in a collegiate, Olympic or target pistol shooting competition 445 |
---|
| 552 | + | in this state which is sponsored by, conducted under the auspices of, or 446 |
---|
| 553 | + | approved by a law enforcement agency or a nationally or state 447 |
---|
| 554 | + | recognized entity that fosters proficiency in, or promotes education 448 |
---|
| 555 | + | about, firearms, provided (A) such pistol is transported into or through 449 |
---|
| 556 | + | this state not more than forty-eight hours prior to or after such 450 |
---|
| 557 | + | exhibition, display, project or competition, (B) such pistol is unloaded 451 |
---|
| 558 | + | and carried in a locked carrying case and the ammunition for such pistol 452 |
---|
| 559 | + | is carried in a separate locked container, (C) such nonresident has not 453 |
---|
| 560 | + | been convicted of a felony in this state or of an offense in another state 454 |
---|
| 561 | + | that would constitute a felony if committed in this state, and (D) such 455 |
---|
| 562 | + | nonresident has in his or her possession a pistol permit or firearms 456 |
---|
| 563 | + | registration card if such permit or card is required for possession of such 457 |
---|
| 564 | + | Raised Bill No. 7194 |
---|
| 565 | + | |
---|
| 566 | + | |
---|
| 567 | + | |
---|
| 568 | + | LCO No. 5895 16 of 16 |
---|
| 569 | + | |
---|
| 570 | + | pistol under the laws of his or her state of residence. 458 |
---|
| 571 | + | Sec. 5. Section 53-202f of the general statutes is amended by adding 459 |
---|
| 572 | + | subsection (g) as follows (Effective July 1, 2025): 460 |
---|
| 573 | + | (NEW) (g) (1) Any licensed gun dealer, as defined in subsection (f) of 461 |
---|
| 574 | + | this section, may take possession of any assault weapon from any 462 |
---|
| 575 | + | person to whom has been issued a certificate of possession for such 463 |
---|
| 576 | + | weapon pursuant to sections 53-202a to 53-202k, inclusive, for purposes 464 |
---|
| 577 | + | of transferring such assault weapon to another person pursuant to 465 |
---|
| 578 | + | subdivision (2) of this subsection. 466 |
---|
| 579 | + | (2) Any licensed gun dealer may transfer possession of any assault 467 |
---|
| 580 | + | weapon received pursuant to subdivision (1) of this subsection to a 468 |
---|
| 581 | + | person who lawfully possesses another assault weapon and to whom 469 |
---|
| 582 | + | has previously been issued a certificate of possession for such weapon 470 |
---|
| 583 | + | pursuant to sections 53-202a to 53-202k, inclusive. 471 |
---|