AN ACT CONCERNING THE REDUCTION OF GUN VIOLENCE.
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General Assembly
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| Raised Bill No. 1076 |
January Session, 2013
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| LCO No. 4227 |
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| Referred to Committee on PUBLIC SAFETY AND SECURITY |
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| Introduced by: |
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| (PS) |
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AN ACT CONCERNING THE REDUCTION OF GUN VIOLENCE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 53-202a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) As used in this section and sections 53-202b to 53-202k, inclusive, as amended by this act, "assault weapon" means:
(1) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol;
(2) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (1) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (1) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person;
(3) Any semiautomatic firearm not listed in subdivision (1) of this subsection that meets the following criteria:
(A) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following:
(i) A folding or telescoping stock;
(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) A bayonet mount;
(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) A grenade launcher; or
(B) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following:
(i) An ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer;
(iii) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) A manufactured weight of fifty ounces or more when the pistol is unloaded; and
(v) A semiautomatic version of an automatic firearm; or
(C) A semiautomatic shotgun that has at least two of the following:
(i) A folding or telescoping stock;
(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) A fixed magazine capacity in excess of five rounds; and
(iv) An ability to accept a detachable magazine; or
(4) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (3) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (3) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person;
(5) Any semiautomatic firearm that meets the following criteria:
(A) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(i) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(ii) A thumbhole stock;
(iii) A folding or telescoping stock;
(iv) A grenade launcher or flare launcher;
(v) A flash suppressor; or
(vi) A forward pistol grip; or
(B) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than ten rounds; or
(C) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches; or
(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(i) A threaded barrel, capable of accepting a flash suppressor, forward handgrip or silencer;
(ii) A second handgrip;
(iii) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer's hand, except a slide that encloses the barrel; or
(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip; or
(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than ten rounds; or
(F) A semiautomatic shotgun that has both of the following:
(i) A folding or telescoping stock; and
(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock or vertical handgrip; or
(G) A semiautomatic shotgun that has the ability to accept a detachable magazine; or
(H) Any shotgun with a revolving cylinder; or
(6) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (5) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (5) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person.
[(b)] (c) As used in this section and sections 53-202b to 53-202k, inclusive, as amended by this act, the term "assault weapon" does not include any firearm modified to render it permanently inoperable.
Sec. 2. Section 53-202b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) Any person who, within this state, distributes, transports or imports into the state, keeps for sale, or offers or exposes for sale, or who gives any assault weapon, except as provided by sections [29-37j and] 53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of section 53a-46a,] shall be guilty of a class C felony and shall be sentenced to a term of imprisonment of which two years may not be suspended or reduced.
(2) Any person who transfers, sells or gives any assault weapon to a person under eighteen years of age in violation of subdivision (1) of this subsection shall be sentenced to a term of imprisonment of six years, which shall not be suspended or reduced and shall be in addition and consecutive to the term of imprisonment imposed under subdivision (1) of this subsection.
(b) The provisions of subsection (a) of this section shall not apply to:
(1) The sale of assault weapons to the Department of Emergency Services and Public Protection, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties;
(2) A person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under section 53-202d, as amended by this act, which is disposed of as authorized by the Probate Court, if the disposition is otherwise permitted by sections [29-37j and] 53-202a to 53-202k, inclusive, as amended by this act; [, and subsection (h) of section 53a-46a;]
(3) The transfer by bequest or intestate succession of an assault weapon for which a certificate of possession has been issued under section 53-202d, as amended by this act.
Sec. 3. Section 53-202c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) Except as provided in section 53-202e, any person who, within this state, possesses [any] an assault weapon as defined in subdivision (1), (2), (3) or (4) of subsection (a) of section 53-202a, as amended by this act, except as provided in sections [29-37j,] 53-202a to 53-202k, inclusive, as amended by this act, and 53-202o, [and subsection (h) of section 53a-46a,] shall be guilty of a class D felony and shall be sentenced to a term of imprisonment of which one year may not be suspended or reduced; except that a first-time violation of this subsection shall be a class A misdemeanor if (1) the person presents proof that he lawfully possessed the assault weapon prior to October 1, 1993, and (2) the person has otherwise possessed the firearm in compliance with subsection [(d)] (g) of section 53-202d, as amended by this act.
(2) Except as provided in section 53-202e, any person who, within this state, possesses an assault weapon as defined in subdivision (5) or (6) of subsection (a) of section 53-202a, as amended by this act, except as provided in sections 53-202a to 53-202k, inclusive, as amended by this act, and 53-202o, shall be guilty of a class D felony and shall be sentenced to a term of imprisonment of which one year may not be suspended or reduced; except that a first-time violation of this subsection shall be a class A misdemeanor if (A) the person presents proof that he lawfully possessed the assault weapon prior to July 1, 2013, and (B) the person has otherwise possessed the firearm in compliance with subsection (g) of section 53-202d, as amended by this act.
(b) The provisions of subsection (a) of this section shall not apply to the possession of assault weapons by members or employees of the Department of Emergency Services and Public Protection, police departments, the Department of Correction or the military or naval forces of this state or of the United States for use in the discharge of their official duties; nor shall anything in sections [29-37j and] 53-202a to 53-202k, inclusive,as amended by this act, [and subsection (h) of section 53a-46a] prohibit the possession or use of assault weapons by sworn members of these agencies when on duty and the use is within the scope of their duties.
(c) (1) The provisions of subdivision (1) of subsection (a) of this section shall not apply to the possession of an assault weapon by any person prior to July 1, 1994, if all of the following are applicable:
[(1)] (A) The person is eligible under sections [29-37j and] 53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of section 53a-46a] to apply for a certificate of possession for the assault weapon by July 1, 1994;
[(2)] (B) The person lawfully possessed the assault weapon prior to October 1, 1993; and
[(3)] (C) The person is otherwise in compliance with sections [29-37j and] 53-202a to 53-202k, inclusive, as amended by this act. [, and subsection (h) of section 53a-46a.]
(2) The provisions of subdivision (2) of subsection (a) of this section shall not apply to the possession of an assault weapon by any person prior to April 1, 2014, if all of the following are applicable:
(A) The person is eligible under sections 53-202a to 53-202k, inclusive, as amended by this act, to apply for a certificate of possession for the assault weapon by April 1, 2014;
(B) The person lawfully possessed the assault weapon prior to July 1, 2013; and
(C) The person is otherwise in compliance with sections 53-202a to 53-202k, inclusive, as amended by this act.
(d) The provisions of subsection (a) of this section shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon for which a certificate of possession has been issued under section 53-202d, as amended by this act, if the assault weapon is possessed at a place set forth in subdivision (1) of subsection [(d)] (g) of section 53-202d, as amended by this act, or as authorized by the Probate Court.
Sec. 4. Section 53-202d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) Any person who lawfully possesses an assault weapon, as defined in subdivision (1), (2), (3) or (4) of subsection (a) of section 53-202a, as amended by this act, prior to October 1, 1993, shall apply by October 1, 1994, or, if such person is a member of the military or naval forces of this state or of the United States and is unable to apply by October 1, 1994, because he or she is or was on official duty outside of this state, shall apply within ninety days of returning to the state to the Department of Emergency Services and Public Protection, for a certificate of possession with respect to such assault weapon. The certificate shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth and thumbprint of the owner, and any other information as the department may deem appropriate.
(2) Any person who lawfully possesses an assault weapon, as defined in subdivision (5) or (6) of subsection (b) of section 53-202a, as amended by this act, prior to July 1, 2013, shall apply by April 1, 2014, or, if such person is a member of the military or naval forces of this state or of the United States and is unable to apply by April 1, 2014, because he or she is or was on official duty outside of this state, shall apply within ninety days of returning to the state to the Department of Emergency Services and Public Protection, for a certificate of possession with respect to such assault weapon. The certificate shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth and thumbprint of the owner, and any other information as the department may deem appropriate.
(b) The department shall adopt regulations in accordance with the provisions of chapter 54 to establish procedures with respect to the application for and issuance of certificates of possession pursuant to this section. Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a certificate of possession shall be confidential and shall not be disclosed, except such records may be disclosed to (1) law enforcement agencies and employees of the United States Probation Office acting in the performance of their duties, and (2) the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.
[(b)] (c) (1) No assault weapon possessed pursuant to subdivision (1) of subsection (a) of this section may be sold or transferred on or after January 1, 1994, to any person within this state other than to a licensed gun dealer, as defined in subsection (d) of section 53-202f, or as provided in section 53-202e, or by bequest or intestate succession.
(2) No assault weapon possessed pursuant to subdivision (2) of subsection (a) of this section may be sold or transferred on or after October 1, 2013, to any person within this state other than to a licensed gun dealer, as defined in subsection (d) of section 53-202f, or as provided in section 53-202e, or by bequest or intestate succession.
(d) Any person who obtains title to an assault weapon for which a certificate of possession has been issued under this section by bequest or intestate succession shall, within ninety days of obtaining title, apply to the Department of Emergency Services and Public Protection for a certificate of possession as provided in [subsection (a) of] this section, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer or remove the weapon from the state.
(e) (1) Any person who moves into the state in lawful possession of an assault weapon as defined in subdivision (1), (2), (3) or (4) of subsection (a) of section 53-202a, as amended by this act, shall, within ninety days, either render the weapon permanently inoperable, sell the weapon to a licensed gun dealer or remove the weapon from this state, except any person who is a member of the military or naval forces of this state or of the United States, is in lawful possession of an assault weapon and has been transferred into the state after October 1, 1994, may, within ninety days of arriving in the state, apply to the Department of Emergency Services and Public Protection for a certificate of possession with respect to such assault weapon.
(2) Any person who moves into the state in lawful possession of an assault weapon as defined in subdivision (5) or (6) of subsection (a) of section 53-202a, as amended by this act, shall, within ninety days, either render the weapon permanently inoperable, sell the weapon to a licensed gun dealer or remove the weapon from this state, except any person who is a member of the military or naval forces of this state or of the United States, is in lawful possession of an assault weapon and has been transferred into the state after April 1, 2014, may, within ninety days of arriving in the state, apply to the Department of Emergency Services and Public Protection for a certificate of possession with respect to such assault weapon.
[(c)] (f) If an owner of an assault weapon sells or transfers the weapon to a licensed gun dealer, he or she shall, at the time of delivery of the weapon, execute a certificate of transfer and cause the certificate to be mailed or delivered to the Commissioner of Emergency Services and Public Protection. The certificate shall contain: (1) The date of sale or transfer; (2) the name and address of the seller or transferor and the licensed gun dealer, their Social Security numbers or motor vehicle operator license numbers, if applicable; (3) the licensed gun dealer's federal firearms license number and seller's permit number; (4) a description of the weapon, including the caliber of the weapon and its make, model and serial number; and (5) any other information the commissioner prescribes. The licensed gun dealer shall present his or her motor vehicle operator's license or Social Security card, federal firearms license and seller's permit to the seller or transferor for inspection at the time of purchase or transfer. The Commissioner of Emergency Services and Public Protection shall maintain a file of all certificates of transfer at said commissioner's central office.
[(d)] (g) A person who has been issued a certificate of possession of an assault weapon under this section may possess [it] such assault weapon only under the following conditions:
(1) At that person's residence, place of business or other property owned by that person, or on property owned by another with the owner's express permission;
(2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets;
(3) While on a target range which holds a regulatory or business license for the purpose of practicing shooting at that target range;
(4) While on the premises of a licensed shooting club;
(5) While attending any exhibition, display or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms; or
(6) While transporting the assault weapon between any of the places mentioned in this subsection, or to any licensed gun dealer, as defined in subsection (d) of section 53-202f, for servicing or repair pursuant to subsection (c) of section 53-202f, provided the assault weapon is transported as required by section 53-202f.
Sec. 5. Subsection (a) of section 53-202f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) While transporting an assault weapon between any of the places mentioned in subdivisions (1) to (6), inclusive, of subsection [(d)] (g) of section 53-202d, as amended by this act, no person shall carry a loaded assault weapon concealed from public view or knowingly have, in any motor vehicle owned, operated or occupied by him (1) a loaded assault weapon, or (2) an unloaded assault weapon unless such weapon is kept in the trunk of such vehicle or in a case or other container which is inaccessible to the operator of or any passenger in such vehicle. Any person who violates the provisions of this subsection shall be fined not more than five hundred dollars or imprisoned not more than three years or both.
Sec. 6. Section 29-37a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) On and after October 1, 2013, no person, firm or corporation may sell, deliver or otherwise transfer, at retail, any firearm, as defined in section 53a-3, other than a pistol or revolver, to any person, and no person may purchase or receive such a firearm, unless such person holds a valid rifle permit issued pursuant to section 7 of this act, a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, as amended by this act, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (a) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f, as amended by this act, or is a federal marshal, parole officer or peace officer.
(b) No person, firm or corporation may sell, deliver or otherwise transfer, at retail, any firearm, as defined in section 53a-3, other than a pistol or revolver, to any person who is prohibited from possessing such firearm pursuant to state or federal law.
(c) No person, firm or corporation may sell, deliver or otherwise transfer, at retail, any firearm, as defined in section 53a-3, other than a pistol or revolver, to any person unless such person makes application on a form prescribed and furnished by the Commissioner of Emergency Services and Public Protection, which shall be attached by the vendor to the federal sale or transfer document and filed and retained by the vendor for at least twenty years or until such vendor goes out of business. Such application shall be available for inspection during normal business hours by law enforcement officials. No sale, [or] delivery or other transfer of any firearm shall be made until the expiration of two weeks from the date of the application, and until the person, firm or corporation making such sale, delivery or transfer has [insured] ensured that such application has been completed properly and has obtained an authorization number from the Commissioner of Emergency Services and Public Protection for such sale, delivery or transfer. The Department of Emergency Services and Public Protection shall make every effort, including performing the national instant criminal background check, to determine if the applicant is eligible to receive such firearm. If it is determined that the applicant is ineligible to receive such firearm, the Commissioner of Emergency Services and Public Protection shall immediately notify the person, firm or corporation to whom such application was made and no such firearm shall be sold, [or] delivered or otherwise transferred to such applicant by such person, firm or corporation. The Commissioner of Emergency Services and Public Protection shall not authorize the sale, delivery or other transfer of more than one such firearm to an applicant within a thirty-day period except to persons specified in subdivision (3) of subsection (g) of this section.
(d) When any firearm is delivered in connection with [the] any sale or purchase, such firearm shall be enclosed in a package, the paper or wrapping of which shall be securely fastened, and no such firearm when delivered on any sale or purchase shall be loaded or contain any gunpowder or other explosive or any bullet, ball or shell.
(e) No person, firm or corporation may sell, deliver or otherwise transfer any firearm pursuant to this section unless such firearm is equipped with a reusable trigger lock, gun lock or gun locking device appropriate for such firearm, which lock or device shall be constructed of material sufficiently strong to prevent it from being easily disabled and have a locking mechanism accessible by key or by electronic or other mechanical accessory specific to such lock or device to prevent unauthorized removal.
[(b)] (f) Upon the delivery of the firearm, the purchaser shall sign in triplicate a receipt for such firearm, which shall contain the name and address of such purchaser, the date of sale, caliber, make, model and manufacturer's number and a general description thereof. Not later than twenty-four hours after such delivery, the vendor shall send by first class mail or electronically transfer one receipt to the Commissioner of Emergency Services and Public Protection and one receipt to the chief of police or, where there is no chief of police, the warden of the borough or the first selectman, of the town in which the purchaser resides, or the designee of such warden or first selectman, and shall retain one receipt, together with the original application, for at least five years. The waiting period specified in subsection [(a)] (c) of this section during which delivery may not be made [and the provisions of this subsection] shall not apply to any federal marshal, parole officer or peace officer, or to the delivery at retail of (1) any firearm to a holder of a valid state rifle permit issued under the provisions of section 7 of this act, a valid state permit to carry a pistol or revolver issued under the provisions of section 29-28, as amended by this act, or a valid eligibility certificate issued under the provisions of section 29-36f, as amended by this act, (2) any firearm to an active member of the armed forces of the United States or of any reserve component thereof, [(3) any firearm to a holder of a valid hunting license issued pursuant to chapter 490, or (4)] or (3) antique firearms. For the purposes of this [section]subsection, "antique firearm" means any firearm which was manufactured in or before 1898 and any replica of such firearm, provided such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition except rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and not readily available in the ordinary channel of commercial trade.
(g) (1) On and after July 1, 2013, no person, firm or corporation may sell, deliver or otherwise transfer any firearm, as defined in section 53a-3, other than a pistol or revolver, to any person pursuant to this section if such person, firm or corporation has sold, delivered or transferred such a firearm to such person within the preceding thirty-day period.
(2) On and after July 1, 2013, no person may purchase or receive more than one firearm, as defined in section 53a-3, other than a pistol or revolver, pursuant to this section within any thirty-day period.
(3) The provisions of subdivisions (1) and (2) of this subsection shall not apply to the sale, delivery or transfer to, or purchase or receipt by:
(A) A federal or state law enforcement agency purchasing such a firearm for use by officers in the performance of their duties;
(B) A person who has purchased such a firearm and returns it to the seller for replacement with, or in exchange for, another such firearm; or
(C) A person whose firearm was lost or stolen, provided such person reported such loss or theft pursuant to section 53-202g and provides a copy of the police report concerning such loss or theft to the transferor.
(h) On and after October 1, 2013, no person, firm or corporation may sell, deliver or otherwise transfer, at retail, any ammunition for a firearm other than a pistol or revolver unless such person holds a valid state rifle permit issued pursuant to section 7 of this act, a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, as amended by this act, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (a) of section 29-28, or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f, as amended by this act.
(i) Any person who violates any provision of this section shall be guilty of a class D felony, except that any person who sells, delivers or otherwise transfers a firearm in violation of the provisions of this section, knowing that such firearm is stolen or that the manufacturer's number or other mark of identification on such firearm has been altered, removed or obliterated, shall be guilty of a class B felony.
Sec. 7. (NEW) (Effective July 1, 2013) (a) Upon the application of any person having a bona fide permanent residence within the jurisdiction of any town or borough, the chief of police or, where there is no chief of police, the warden of the borough or the first selectman of the town, as the case may be, or the designee of such warden or first selectman, may issue a temporary state rifle permit to such person, provided such authority finds that such applicant intends to make no use of any firearm other than a lawful use and that such person is a suitable person to receive such permit. No temporary state rifle permit or state rifle permit shall be issued under this subsection if the applicant (1) has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of firearms including, but not limited to, a safety or training course in the use of firearms available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of firearms conducted by an instructor certified by the state or the National Rifle Association, (2) has been convicted of a felony, (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120 of the general statutes, (4) has been discharged from custody (A) within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13 of the general statutes, or (B) at any time prior to the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13 of the general statutes, unless a psychiatrist or psychologist, as those terms are defined in section 17a-580 of the general statutes, has examined the applicant and certified within the preceding thirty days that the applicant is not a danger to himself or herself or others, (5) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495 of the general statutes, (A) within the preceding twelve months by order of a probate court, or (B) at any time prior to the preceding twelve months by order of a probate court unless a psychiatrist or psychologist, as those terms are defined in section 17a-580 of the general statutes, has examined the applicant and certified within the preceding thirty days that the applicant is not a danger to himself or herself or others, (6) has at any time been found not competent to stand trial pursuant to section 54-56d of the general statutes, unless a court has determined that the applicant has regained competency and a psychiatrist or psychologist, as those terms are defined in section 17a-580 of the general statutes, has certified within the preceding thirty days that the applicant is not a danger to himself or herself or others, (7) has been the subject of a report by a physician or mental health professional to a law enforcement agency that the physician or mental health professional believes in good faith that the applicant is a danger to himself or herself or others or poses a risk of imminent personal injury to himself or herself or others, unless a psychiatrist or psychologist, as those terms are defined in section 17a-580 of the general statutes, has examined the applicant and certified within the preceding thirty days that the applicant is not a danger to himself or herself or others, (8) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, (9) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c of the general statutes after notice and hearing, (10) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4), (11) is an alien illegally or unlawfully in the United States, or (12) is less than eighteen years of age. Upon issuance of a temporary state rifle permit to the applicant, the local authority shall forward the original application to the Commissioner of Emergency Services and Public Protection. Not later than sixty days after receiving a temporary state rifle permit, an applicant shall appear at a location designated by the commissioner to receive the state rifle permit. Said commissioner may then issue, to any holder of any temporary state rifle permit, a state rifle permit. Upon issuance of the state rifle permit, the commissioner shall make available to the permit holder a copy of the law regarding the permit holder's responsibility to report the loss or theft of a firearm and the penalties associated with the failure to comply with such law. Upon issuance of the state rifle permit, the commissioner shall forward a record of such permit to the local authority issuing the temporary state rifle permit. The commissioner shall retain records of all applications, whether approved or denied. The copy of the state rifle permit delivered to the permittee shall be laminated and shall contain a full-face photograph of such permittee. A person holding a state rifle permit issued pursuant to this subsection shall notify the issuing authority not later than two business days after any change of such person's address. The notification shall include the old address and the new address of such person.
(b) No issuing authority may require any sworn member of the Department of Emergency Services and Public Protection or an organized local police department to furnish such sworn member's residence address in a permit application. The issuing authority shall allow each such sworn member who has a rifle permit issued by such authority to revise such member's application to include a business or post office address in lieu of the residence address. The issuing authority shall notify each such member of the right to revise such application.
(c) Notwithstanding the provisions of sections 1-210 and 1-211 of the general statutes, the name and address of a person issued a temporary state rifle permit or a state rifle permit pursuant to this section, shall be confidential and shall not be disclosed, except (1) such information may be disclosed to law enforcement officials acting in the performance of their duties, including, but not limited to, employees of the United States Probation Office acting in the performance of their duties, (2) the issuing authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-37a of the general statutes, as amended by this act, for verification that such rifle permit is still valid and has not been suspended or revoked, and (3) such information may be disclosed to the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500 of the general statutes, as amended by this act.
(d) The issuance of any rifle permit does not thereby authorize the possession or carrying of a rifle or shotgun in any premises where the possession or carrying of a rifle or shotgun is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises.
(e) Any bona fide resident of the United States having no bona fide permanent residence within the jurisdiction of any local authority in the state, may apply directly to the Commissioner of Emergency Services and Public Protection for a rifle permit. All provisions of subsections (a), (b), (c) and (d) of this section shall apply to applications for a permit received by the commissioner under this subsection.
Sec. 8. (NEW) (Effective July 1, 2013) (a) Requests for temporary state rifle permits under section 7 of this act shall be submitted to the chief of police, or, where there is no chief of police, to the warden of the borough or the first selectman of the town, as the case may be, or to the designee of such warden or first selectman, on application forms prescribed by the Commissioner of Emergency Services and Public Protection. Upon written request by any person for a temporary state rifle permit not on a prescribed application form, or upon request by any person for such application form, the local authority shall supply such forms. When any such request is made in person at the office of the local authority, the local authority shall supply such application form immediately. When any such request is made in any other manner, the local authority shall supply such application form not later than one week after receiving such request. If such application form is not supplied within the time limits required by this section, the request therefor shall constitute a sufficient application. If any local authority fails to supply an application form upon the request of any person, such person may request an application form from the Commissioner of Emergency Services and Public Protection or any barracks of the Division of State Police, and the time limits and procedures set forth in this section for handling requests for such forms shall be applicable.
(b) The local authority shall, not later than eight weeks after a sufficient application for a temporary state rifle permit has been made, inform the applicant that such applicant's request for a temporary state rifle permit has been approved or denied. The local authority shall forward a copy of the application indicating approval or denial of the temporary state rifle permit to the Commissioner of Emergency Services and Public Protection. If the local authority has denied the application for a temporary state rifle permit, no state rifle permit may be issued. The commissioner shall, not later than eight weeks after receiving an application indicating approval from the local authority, inform the applicant in writing that the applicant's application for a state rifle permit has been approved or denied, or that the results of the national criminal history records check have not been received. If grounds for denial become known after a temporary state rifle permit has been obtained, the temporary state rifle permit shall be immediately revoked pursuant to section 6 of this act.
Sec. 9. (NEW) (Effective July 1, 2013) (a) No temporary state rifle permit shall be issued under the provisions of section 7 of this act unless the applicant for such permit gives to the local authority, upon its request, full information concerning the applicant's criminal record. The local authority shall require the applicant to submit to state and national criminal history records checks. The local authority shall take a full description of such applicant and make an investigation concerning the applicant's suitability to carry a rifle or shotgun.
(b) The local authority shall take the fingerprints of such applicant or conduct any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation, unless the local authority determines that the fingerprints of such applicant have been previously taken and the applicant's identity established, and such applicant presents identification that the local authority verifies as valid. The local authority shall record the date the fingerprints were taken in the applicant's file and, not later than five business days after such date, shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a of the general statutes.
(c) The local authority may, in its discretion, issue a temporary state rifle permit before a national criminal history records check relative to such applicant's record has been received. Upon receipt of the results of such national criminal history records check, the commissioner shall send a copy of the results of such national criminal history records check to the local authority, which shall inform the applicant and render a decision on the application not later than one week after the receipt of such results. If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant of such delay, in writing. No temporary state rifle permit shall be issued if the local authority has reason to believe the applicant has ever been convicted of a felony, or that any other condition exists for which the issuance of a permit for possession of a rifle or shotgun is prohibited under state or federal law.
(d) The commissioner may investigate any applicant for a state rifle permit to ensure that such applicant is eligible under state law for such permit. The commissioner shall investigate any applicant for renewal of a state rifle permit and conduct state and national criminal history records checks in accordance with section 27-17a of the general statutes to ensure that such applicant is eligible under state law for renewal of such permit.
(e) No state rifle permit may be issued unless either the local authority or the commissioner has received the results of the national criminal history records check. No state rifle permit may be renewed unless the commissioner has received the results of the national criminal history records check.
Sec. 10. (NEW) (Effective July 1, 2013) (a) The fee for each state rifle permit originally issued under the provisions of section 7 of this act shall be one hundred forty dollars plus sufficient funds as required to be transmitted to the Federal Bureau of Investigation to cover the cost of a national criminal history records check. The local authority shall forward sufficient funds for the national criminal history records check to the commissioner not later than five business days after receipt by the local authority of the application for the temporary state rifle permit. Seventy dollars shall be retained by the local authority. Upon approval by the local authority of the application for a temporary state rifle permit, seventy dollars shall be sent to the commissioner. The fee to renew each state rifle permit originally issued under the provisions of section 7 of this act shall be seventy dollars. Upon deposit of such fees in the General Fund, ten dollars of each fee shall be credited within thirty days to the appropriation for the Department of Emergency Services and Public Protection to a separate nonlapsing account for the purposes of the issuance of permits under section 7 of this act.
(b) A state rifle permit originally issued under the provisions of section 7 of this act shall expire five years after the date such permit becomes effective and each renewal of such permit shall expire five years after the expiration date of the state rifle permit being renewed.
(c) The renewal fee required pursuant to subsection (a) of this section shall apply for each renewal which is requested not earlier than thirty-one days before, and not later than thirty-one days after, the expiration date of the state rifle permit being renewed.
(d) No fee or portion of any fee paid under the provisions of this section for issuance or renewal of a state rifle permit shall be refundable except if such permit for which the fee or portion was paid was not issued or renewed. The portion of the fee expended on the national criminal history records check for any such permit that was not issued or renewed shall not be refunded.
(e) The issuing authority shall send a notice of the expiration of a state rifle permit issued pursuant to section 7 of this act, to the holder of such permit, by first class mail, not less than ninety days before such expiration, and shall enclose with such notice a form for the renewal of such permit. The holder of such permit may mail the form for renewal to the issuing authority and the issuing authority shall accept such form as a valid application for renewal, provided the holder (1) completed the form according to instructions provided by the Department of Emergency Services and Public Protection, (2) enclosed the appropriate fee to renew, in accordance with subsection (a) of this section, (3) enclosed a copy of proof of citizenship or legal residency of the holder, (4) enclosed a photograph of the holder that is either notarized or date stamped, and (5) is otherwise eligible for such permit pursuant to section 7 of this act. A state rifle permit issued pursuant to section 7 of this act, shall be valid for a period of ninety days after the expiration date, except with respect to any permit that has been revoked or for which revocation is pending, pursuant to section 11 of this act.
Sec. 11. (NEW) (Effective July 1, 2013) (a) For the purposes of this section, "conviction" means the entry of a judgment of conviction by any court of competent jurisdiction.
(b) Any temporary state rifle permit or state rifle permit issued pursuant to section 7 of this act may be revoked by the Commissioner of Emergency Services and Public Protection for cause and shall be revoked by said commissioner upon conviction of the holder of such permit of a felony or upon the occurrence of any event which would have disqualified the holder from being issued the temporary state rifle permit or state rifle permit pursuant to section 7 of this act. Upon the revocation of any temporary state rifle permit or state rifle permit, the person whose permit is revoked shall be notified in writing and such permit shall be forthwith delivered to the commissioner. Any law enforcement authority shall confiscate and immediately forward to the commissioner any temporary state rifle permit or state rifle permit that is illegally possessed by any person. The commissioner may revoke the temporary state rifle permit or state rifle permit based upon the commissioner's own investigation or upon the request of any law enforcement agency. Any person who fails to surrender any permit within five days of notification in writing of revocation thereof shall be guilty of a class C misdemeanor.
Sec. 12. Subsection (b) of section 29-32b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Any person aggrieved by any refusal to issue or renew a permit or certificate under the provisions of section 29-28, as amended by this act, or 29-36f or section 7 of this act, or by any limitation or revocation of a permit or certificate issued under any of said sections, or by a refusal or failure of any issuing authority to furnish an application as provided in section 29-28a or section 8 of this act, may, [within] not later than ninety days after receipt of notice of such refusal, limitation or revocation, or refusal or failure to supply an application as provided in section 29-28a or section 8 of this act, and without prejudice to any other course of action open to such person in law or in equity, appeal to the board. On such appeal the board shall inquire into and determine the facts, de novo, and unless it finds that such a refusal, limitation or revocation, or such refusal or failure to supply an application, as the case may be, would be for just and proper cause, it shall order such permit or certificate to be issued, renewed or restored, or the limitation removed or modified, as the case may be. If the refusal was for failure to document compliance with local zoning requirements, under subsection (a) of section 29-28, the board shall not issue a permit.
Sec. 13. Subsection (a) of section 29-36l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Commissioner of Emergency Services and Public Protection shall establish a state database that any person, firm or corporation who sells or otherwise transfers [pistols or revolvers] firearms may access, by telephone or other electronic means in addition to the telephone, for information to be supplied immediately, on whether a permit to carry a pistol or revolver, issued pursuant to subsection (b) of section 29-28, as amended by this act, a permit to sell at retail a pistol or revolver, issued pursuant to subsection (a) of section 29-28, [or] an eligibility certificate for a pistol or revolver, issued pursuant to section 29-36f, as amended by this act, or a rifle permit, issued pursuant to section 7 of this act, is valid and has not been revoked or suspended.
Sec. 14. Section 29-37 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Any person violating any provision of section 29-28 or 29-31 shall be fined not more than five hundred dollars or imprisoned not more than three years or both, and any pistol or revolver found in the possession of any person in violation of any of said provisions shall be forfeited.
(b) Any person violating any provision of subsection (a) of section 29-35 may be fined not more than one thousand dollars and shall be imprisoned not less than one year or more than five years, and, in the absence of any mitigating circumstances as determined by the court, one year of the sentence imposed may not be suspended or reduced by the court. The court shall specifically state the mitigating circumstances, or the absence thereof, in writing for the record. Any pistol or revolver found in the possession of any person in violation of any provision of subsection (a) of section 29-35 shall be forfeited.
(c) Any person violating any provision of subsection (b) of section 29-35 shall have committed an infraction and shall be fined thirty-five dollars.
(d) Any person violating any provision of section 7 of this act shall be fined not more than five hundred dollars or imprisoned not more than three years or both, and any rifle or shotgun found in the possession of such person shall be forfeited.
Sec. 15. Section 29-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Commissioner of Emergency Services and Public Protection, in fulfilling his obligations under sections 29-28 to 29-38, inclusive, as amended by this act, [and] section 53-202d and sections 7 to 11, inclusive, of this act, shall verify that any person who, on or after October 1, 1998, applies for or seeks renewal of a permit to sell at retail a pistol or revolver, a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver or a certificate of possession for an assault weapon, or who, on or after July 1, 2013, applies for or seeks renewal of a rifle permit, has not been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, by making an inquiry to the Department of Mental Health and Addiction Services in such a manner so as to only receive a report on the commitment status of the person with respect to whom the inquiry is made including identifying information in accordance with the provisions of subsection (b) of section 17a-500, as amended by this act.
(b) If the Commissioner of Emergency Services and Public Protection determines pursuant to subsection (a) of this section that a person has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, said commissioner shall report the status of such person's application for or renewal of a permit to sell at retail a pistol or revolver, a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, [or] a certificate of possession for an assault weapon or a rifle permit to the Commissioner of Mental Health and Addiction Services for the purpose of fulfilling his responsibilities under subsection (c) of section 17a-500, as amended by this act.
Sec. 16. Subsection (b) of section 54-36e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Firearms turned over to the state police pursuant to subsection (a) of this section which are not destroyed or retained for appropriate use shall be sold at public auctions, conducted by the Commissioner of Administrative Services or [such] said commissioner's designee. Pistols and revolvers, as defined in section 53a-3, which are antiques, as defined in section 29-33, or curios or relics, as defined in the Code of Federal Regulations, Title 27, Chapter 1, Part 178, or modern pistols and revolvers which have a current retail value of one hundred dollars or more may be sold at such public auctions, provided such pistols and revolvers shall be sold only to persons who have a valid permit to sell a pistol or revolver, or a valid permit to carry a pistol or revolver, issued pursuant to section 29-28, as amended by this act. Rifles and shotguns, as defined in section 53a-3, shall be sold only to persons qualified under federal law to purchase such rifles and shotguns and who have a valid rifle permit issued pursuant to section 7 of this act. The proceeds of any such sale shall be paid to the State Treasurer and deposited by the State Treasurer in the forfeit firearms account within the General Fund.
Sec. 17. Section 17a-500 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Each court of probate shall keep a record of the cases relating to persons with psychiatric disabilities coming before it under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, and the disposition of them. It shall also keep on file the original application and certificate of physicians required by said sections, or a microfilm duplicate of such records in accordance with regulations issued by the Probate Court Administrator. All records maintained in the courts of probate under the provisions of said sections shall be sealed and available only to the respondent or his or her counsel unless the Court of Probate, after hearing held with notice to the respondent, determines such records should be disclosed for cause shown.
(b) Notwithstanding the provisions of subsection (a) of this section, the Commissioner of Mental Health and Addiction Services, in accordance with section 17a-499, shall maintain information on commitment orders by a probate court and shall provide such information to the Commissioner of Emergency Services and Public Protection in fulfillment of his obligations under sections 29-28 to 29-38, inclusive, as amended by this act, sections 7 to 11, inclusive, of this act and section 53-202d, in such a manner as to report identifying information on the commitment status, including, but not limited to, name, address, sex, date of birth and date of commitment, for a person who applies for or holds a permit or certificate under said sections 29-28 to 29-38, as amended by this act, inclusive, sections 7 to 11, inclusive, of this act and section 53-202d. The Commissioner of Emergency Services and Public Protection shall maintain as confidential any such information provided to him and shall use such information only for purposes of fulfilling his obligations under sections 29-28 to 29-38, inclusive, as amended by this act, sections 7 to 11, inclusive, of this act andsection 53-202d, except that nothing in this section shall prohibit said commissioner from entering such information into evidence at a hearing held in accordance with section 29-32b.
(c) (1) The Commissioner of Mental Health and Addiction Services shall obtain from the Commissioner of Emergency Services and Public Protection the status of any firearm application, permit or certificate under sections 29-28 to 29-38, inclusive, as amended by this act, sections 7 to 11, inclusive, of this act and section 53-202d, of each person who is the subject of an order of commitment pursuant to section 17a-499, in such a manner so as to only receive a report on the firearm application, permit or certificate status of the person with respect to whom the inquiry is made.
(2) The Commissioner of Mental Health and Addiction Services shall report to the Commissioner of Emergency Services and Public Protection any commitment status and identifying information for any person who is an applicant for or holder of any permit or certificate under said sections 29-28 to 29-38, inclusive, as amended by this act, sections 7 to 11, inclusive, of this act and section 53-202d.
(3) The Commissioner of Mental Health and Addiction Services shall advise the hospital for psychiatric disabilities to which a person has been committed of the status of a firearm application, permit or certificate of such person under sections 29-28 to 29-38, inclusive, as amended by this act, sections 7 to 11, inclusive, of this act and section 53-202d, as reported by the Commissioner of Emergency Services and Public Protection for consideration by such hospital in any psychiatric treatment procedures.
(4) The Commissioner of Mental Health and Addiction Services and a hospital for psychiatric disabilities shall maintain as confidential any information provided to said commissioner or such hospital concerning the status of a firearm application, permit or certificate under sections 29-28 to 29-38, inclusive, as amended by this act, sections 7 to 11, inclusive, of this act and section 53-202d, of any person.
Sec. 18. Subsection (a) of section 53-202g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Any person who lawfully possesses an assault weapon under sections [29-37j and] 53-202a to 53-202k, inclusive, [and subsection (h) of section 53a-46a] or a firearm, as defined in section 53a-3, that is lost or stolen from such person shall report the loss or theft to the organized local police department for the town in which the loss or theft occurred or, if such town does not have an organized local police department, to the state police troop having jurisdiction for such town within seventy-two hours of when such person discovered or should have discovered the loss or theft. Such department or troop shall forthwith forward a copy of such report to the Commissioner of Emergency Services and Public Protection. The provisions of this subsection shall not apply to the loss or theft of an antique firearm as defined in [subsection (b) of] section 29-37a, as amended by this act.
Sec. 19. Subsection (c) of section 53-202aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) For the purposes of this section, "firearm" means "firearm" as defined in section 53a-3, but does not include a rifle or shotgun or an antique firearm as defined in [subsection (b) of] section 29-37a, as amended by this act.
Sec. 20. Subsection (b) of section 29-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Upon the application of any person having a bona fide residence or place of business within the jurisdiction of any such authority, such chief of police, warden or selectman may issue a temporary state permit to such person to carry a pistol or revolver within the state, provided such authority shall find that such applicant intends to make no use of any pistol or revolver which such applicant may be permitted to carry under such permit other than a lawful use and that such person is a suitable person to receive such permit. No state or temporary state permit to carry a pistol or revolver shall be issued under this subsection if the applicant (1) has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association, (2) has been convicted of a felony or of a violation of subsection (c) of section 21a-279 or section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (4) has been discharged from custody (A) within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, or (B) at any time prior to the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, unless a psychiatrist or psychologist, as those terms are defined in section 17a-580, has examined the applicant and certified within the preceding thirty days that the applicant is not a danger to himself or herself or others, (5) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, (A) within the preceding twelve months by order of a probate court, [(6)] or (B) at any time prior to the preceding twelve months by order of a probate court unless a psychiatrist or psychologist, as those terms are defined in section 17a-580, has examined the applicant and certified within the preceding thirty days that the applicant is not a danger to himself or herself or others, (6) has at any time been found not competent to stand trial pursuant to section 54-56d, unless a court has determined that the applicant has regained competency and a psychiatrist or psychologist, as those terms are defined in section 17a-580, has certified within the preceding thirty days that the applicant is not a danger to himself or herself or others, (7) has been the subject of a report by a physician or mental health professional to a law enforcement agency that the physician or mental health professional believes in good faith that the applicant is a danger to himself or herself or others or poses a risk of imminent personal injury to himself or herself or others, unless a psychiatrist or psychologist, as those terms are defined in section 17a-580, has examined the applicant and certified within the preceding thirty days that the applicant is not a danger to himself or herself or others, (8) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, [(7)] (9) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing, [(8)] (10) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4), [(9)] (11) is an alien illegally or unlawfully in the United States, or [(10)] (12) is less than twenty-one years of age. Nothing in this section shall require any person who holds a valid permit to carry a pistol or revolver on October 1, 1994, to participate in any additional training in the safety and use of pistols and revolvers. Upon issuance of a temporary state permit to the applicant, the local authority shall forward the original application to the commissioner. Not later than sixty days after receiving a temporary state permit, an applicant shall appear at a location designated by the commissioner to receive the state permit. Said commissioner may then issue, to any holder of any temporary state permit, a state permit to carry a pistol or revolver within the state. Upon issuance of the state permit, the commissioner shall make available to the permit holder a copy of the law regarding the permit holder's responsibility to report the loss or theft of a firearm and the penalties associated with the failure to comply with such law. Upon issuance of the state permit, the commissioner shall forward a record of such permit to the local authority issuing the temporary state permit. The commissioner shall retain records of all applications, whether approved or denied. The copy of the state permit delivered to the permittee shall be laminated and shall contain a full-face photograph of such permittee. A person holding a state permit issued pursuant to this subsection shall notify the issuing authority within two business days of any change of such person's address. The notification shall include the old address and the new address of such person.
Sec. 21. Subsection (b) of section 29-36f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The Commissioner of Emergency Services and Public Protection shall issue an eligibility certificate unless said commissioner finds that the applicant: (1) Has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association; (2) has been convicted of a felony or of a violation of subsection (c) of section 21a-279 or section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120; (4) has been discharged from custody (A)within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, or (B) at any time prior to the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, unless a psychiatrist or psychologist, as those terms are defined in section 17a-580, has examined the applicant and certified within the preceding thirty days that the applicant is not a danger to himself or herself or others; (5) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, (A) within the preceding twelve months by order of a probate court; [(6)] or (B) at any time prior to the preceding twelve months by order of a probate court unless a psychiatrist or psychologist, as those terms are defined in section 17a-580, has examined the applicant and certified within the preceding thirty days that the applicant is not a danger to himself or herself or others; (6) has at any time been found not competent to stand trial pursuant to section 54-56d, unless a court has determined that the applicant has regained competency and a psychiatrist or psychologist, as those terms are defined in section 17a-580, has certified within the preceding thirty days that the applicant is not a danger to himself or herself or others; (7) has been the subject of a report by a physician or mental health professional to a law enforcement agency that the physician or mental health professional believes in good faith that the applicant is a danger to himself or herself or others or poses a risk of imminent personal injury to himself or herself or others, unless a psychiatrist or psychologist, as those terms are defined in section 17a-580, has examined the applicant and certified within the preceding thirty days that the applicant is not a danger to himself or herself or others; (8) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person; [(7)] (9) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing; [(8)] (10) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4); or [(9)] (11) is an alien illegally or unlawfully in the United States.
Sec. 22. Section 29-36h of the general statutes is amended by adding subsection (f) as follows (Effective July 1, 2013):
(NEW) (f) The commissioner shall investigate each applicant for renewal of an eligibility certificate and conduct state and national criminal history records checks in accordance with section 29-17a to ensure that such applicant is eligible under state law for renewal of such eligibility certificate. No eligibility certificate may be renewed unless the commissioner has received the results of the national criminal history records check.
Sec. 23. (NEW) (Effective July 1, 2013) (a) No licensed importer, licensed manufacturer or licensed dealer shall transfer ammunition to a person in this state unless such licensed importer, licensed manufacturer or licensed dealer has verified the identity of the transferee by examining a valid identification document of the transferee that contains a photograph of the transferee.
(b) No licensed importer, licensed manufacturer or licensed dealer shall ship or transport any ammunition to any person in this state other than a licensed importer, licensed manufacturer or licensed dealer.
(c) As used in this section, "licensed importer", "licensed manufacturer", "licensed dealer" and "ammunition" have the meanings ascribed to them in 18 USC 921, and "identification document" has the meaning ascribed to it in 18 USC 1028(d).
Sec. 24. Section 53a-217d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) A person is guilty of criminal possession of body armor when [he] such person knowingly possesses body armor. [and has been (1) convicted of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony, except a conviction under section 53a-196a, a class B felony, except a conviction under section 53a-86, 53a-122 or 53a-196b, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153 or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or (2) convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120.]
(b) For the purposes of this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance. [and "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.]
(c) The provisions of subsection (a) of this section shall not apply to the possession of body armor by (1) a sworn member or authorized official of an organized local police department, the Division of State Police within the Department of Emergency Services and Public Protection, the Division of Criminal Justice, the Department of Correction, the Board of Pardons and Paroles, the Department of Motor Vehicles or the Judicial Branch, or (2) a member of the armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of the state, as defined in section 27-2.
[(c)] (d) Criminal possession of body armor is a class A misdemeanor.
Sec. 25. Section 53-341b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) No person, firm or corporation shall sell or deliver body armor to another person unless [the transferee meets in person with the transferor to accomplish the sale or delivery.
(b) The provisions of subsection (a) of this section shall not apply to the sale or delivery of body armor to] such other person is (1) a sworn member or authorized official of an organized local police department, the Division of State Police within the Department of Emergency Services and Public Protection, the Division of Criminal Justice, the Department of Correction, the Board of Pardons and Paroles or the Department of Motor Vehicles, (2) an authorized official of a municipality or the Department of Administrative Services [that] who purchases body armor on behalf of an organized local police department, the Division of State Police within the Department of Emergency Services and Public Protection, the Division of Criminal Justice, the Department of Correction, the Board of Pardons and Paroles or the Department of Motor Vehicles, (3) an authorized official of the Judicial Branch who purchases body armor on behalf of a probation officer, or (4) a member of the [National Guard or the armed forces reserve]armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of the state, as defined in section 27-2.
(c) As used in this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance.
(d) Any person, firm or corporation that violates the provisions of this section shall be guilty of a class B misdemeanor.
Sec. 26. (NEW) (Effective January 1, 2014) (a) For the purposes of sections 26 to 28, inclusive, of this act:
(1) "Commissioner" means the Commissioner of Emergency Services and Public Protection;
(2) "Convicted" means that a person has a judgment entered in this state against such person by a court upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment;
(3) "Department" means the Department of Emergency Services and Public Protection;
(4) "Firearm" means a firearm, as defined in section 53a-3 of the general statutes;
(5) "Gun offender" or "offender" means a person convicted of a gun offense;
(6) "Gun offense" or "offense" means: (A) A violation of subsection (c) of section 2-1e, subsection (e) of section 29-28, subsections (a) to (e), inclusive, or (i) of section 29-33, section 29-34, subsection (a) of section 29-35, section 29-36, 29-36k, 29-37a or 29-37e, subsection (c) of section 29-37g, section 29-37j, subsection (b), (c) or (g) of section 53-202, section 53-202b, 53-202c, 53-202j, 53-202k, 53-202l, 53-202aa or 53-206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a, 53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217b or 53a-217c, or a second or subsequent violation of section 53-202g of the general statutes; or (B) a violation of any section of the general statutes which constitutes a felony, as defined in section 53a-25 of the general statutes, provided the court makes a finding that, at the time of the violation, the person used a firearm, or was armed with and threatened the use of or displayed or represented by words or conduct that the person possessed a firearm;
(7) "Identifying factors" means fingerprints, a photographic image, and a description of any other identifying characteristics as may be required by the Commissioner of Emergency Services and Public Protection;
(8) "Not guilty by reason of mental disease or defect" means a finding by a court or jury of not guilty by reason of mental disease or defect pursuant to section 53a-13 of the general statutes notwithstanding any pending appeal or habeas corpus proceeding arising from such finding;
(9) "Registrant" means a person required to register under section 27 of this act;
(10) "Registry" means a central record system in this state that is established pursuant to this section and receives, maintains and disseminates to law enforcement agencies information on persons convicted or found not guilty by reason of mental disease or defect of a gun offense; and
(11) "Release into the community" means, with respect to a conviction or a finding of not guilty by reason of mental disease or defect of a gun offense, (A) any release by a court after such conviction or finding of not guilty by reason of mental disease or defect, a sentence of probation or any other sentence under section 53a-28 of the general statutes that does not result in the offender's immediate placement in the custody of the Commissioner of Correction; (B) release from a correctional facility at the discretion of the Board of Pardons and Paroles, by the Department of Correction to a program authorized by section 18-100c of the general statutes or upon completion of the maximum term or terms of the offender's sentence or sentences, or to the supervision of the Court Support Services Division in accordance with the terms of the offender's sentence; or (C) temporary leave to an approved residence by the Psychiatric Security Review Board pursuant to section 17a-587 of the general statutes, conditional release from a hospital for mental illness or a facility for persons with intellectual disability by the Psychiatric Security Review Board pursuant to section 17a-588 of the general statutes, or release upon termination of commitment to the Psychiatric Security Review Board.
(b) The Department of Emergency Services and Public Protection shall, not later than January 1, 2014, establish and maintain a registry of all persons required to register under section 27 of this act as offenders convicted of a gun offense. The department shall, in cooperation with the Office of the Chief Court Administrator, the Department of Correction and the Psychiatric Security Review Board, develop appropriate forms for use by agencies and individuals to report registration information, including changes of address. Upon receipt of registration information, the department shall enter the information into the registry and notify the local police department or state police troop having jurisdiction where the registrant resides or plans to reside. Upon receiving notification pursuant to section 27 of this act that a registrant has changed his or her address, the department shall enter the information into the registry and notify the local police departments or state police troops having jurisdiction where the registrant previously resided and the jurisdiction where the registrant has relocated. The Commissioner of Emergency Services and Public Protection shall also ensure that the name and residence address of each registrant is available through the Connecticut on-line law enforcement communication teleprocessing system maintained by the department. If a registrant reports a residence in another state, the department may notify the state police agency of that state or such other agency in that state that maintains registry information, if known.
(c) The Department of Emergency Services and Public Protection may suspend the registration of any person registered under section 27 of this act while such person is incarcerated, under civil commitment or residing outside this state. During the period that such registration is under suspension, the department may withdraw the registration information from access to law enforcement agencies. Upon the release of the registrant from incarceration or civil commitment or resumption of residency in this state by the registrant, the department shall reinstate the registration and redistribute the registration information in accordance with subsection (b) of this section. Suspension of registration shall not affect the date of expiration of the registration obligation of the registrant under section 27 of this act.
(d) The Department of Emergency Services and Public Protection shall include in the registry the most recent photographic image of each registrant taken by the department, the Department of Correction, a law enforcement agency or the Court Support Services Division of the Judicial Department.
(e) Whenever the Commissioner of Emergency Services and Public Protection receives notice from a superior court pursuant to section 52-11 of the general statutes, as amended by this act, or a probate court pursuant to section 45a-99 of the general statutes, as amended by this act, that such court has ordered the change of name of a person, and the department determines that such person is listed in the registry, the department shall revise such person's registration information accordingly.
(f) The Commissioner of Emergency Services and Public Protection shall develop a protocol for the notification of other state agencies, the Judicial Department and local police departments whenever a person listed in the registry changes such person's name and notifies the commissioner of the new name pursuant to section 27 of this act or whenever the commissioner determines pursuant to subsection (e) of this section that a person listed in the registry has changed such person's name.
(g) The information in the registry shall not be a public record or file for the purposes of section 1-200 of the general statutes. Any information disclosed pursuant to sections 26 to 28, inclusive, of this act, shall not be further disclosed unless such disclosure is permitted under sections 26 to 28, inclusive, of this act.
Sec. 27. (NEW) (Effective January 1, 2014) (a) (1) Any person who has been convicted or found not guilty by reason of mental disease or defect of a gun offense and is released into the community on or after January 1, 2014, shall, within fourteen calendar days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the Commissioner of Correction shall direct, and whether or not such person's place of residence is in this state, register such person's name, identifying factors, criminal history record, residence address and electronic mail address with the Commissioner of Emergency Services and Public Protection, on such forms and in such locations as the Commissioner of Emergency Services and Public Protection shall direct, and shall maintain such registration for five years.
(2) Prior to accepting a plea of guilty or nolo contendere from a person with respect to a gun offense, the court shall (A) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (B) determine that the person fully understands the consequences of the plea.
(3) If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address. During such period of registration, each registrant shall complete and return any forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.
(c) Any offender convicted of committing a gun offense who is required to register under this section shall, not later than twenty days after the date that is six months after the date of such initial registration, and every six months thereafter, until the date such registration requirement expires under subdivision (1) of subsection (b) of this section, personally appear at the local police department or state police troop having jurisdiction where the registrant resides to verify and update, as appropriate, the contents of his or her registration. The local police department or state police troop, as the case may be, may defer such requirement to personally appear to a later date for good cause shown. Not later than thirty calendar days prior to such semiannual dates, the Department of Emergency Services and Public Protection shall mail written notice of the personal appearance requirement of this subsection to the registrant and the local police department or state police troop having jurisdiction where the registrant resides. Not later than thirty calendar days after such date, the local police department or state police troop having jurisdiction where the registrant resides shall notify the Commissioner of Emergency Services and Public Protection, on such form as the commissioner may prescribe, (1) whether the registrant complied with the personal appearance requirement of this subsection or whether such personal appearance requirement was deferred to a later date for good cause shown, and (2) if the personal appearance requirement was deferred to a later date for good cause shown, the later date established for such personal appearance and describe the good cause shown.
(d) Any person who is subject to registration under this section who violates any provisions of subsection (b) or (c) of this section shall be guilty of a class D felony, except that, if such person violates the provisions of this section by failing to notify the Commissioner of Emergency Services and Public Protection without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.
Sec. 28. (NEW) (Effective January 1, 2014) (a) The registration information for each registrant shall include:
(1) The offender's name, including any other name by which the offender has been legally known, and any aliases used by the offender;
(2) Identifying information, including a physical description of the offender;
(3) The current residence address of the offender;
(4) The date of conviction of the offense;
(5) A description of the offense; and
(6) If the offender was sentenced to a term of incarceration for such offense, a portion of which was not suspended, the date the offender was released from such incarceration.
(b) The offender shall sign and date the registration.
(c) At the time that the offender appears for the purpose of registering, the Department of Emergency Services and Public Protection shall photograph the offender and arrange for the fingerprinting of the offender and include such photograph and a complete set of fingerprints in the registry. If the offender is required to submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis pursuant to section 54-102g of the general statutes, and has not submitted to the taking of such sample, the commissioner shall also require such sample to be taken for analysis pursuant to section 54-102g of the general statutes.
(d) The Department of Emergency Services and Public Protection may require the offender to provide documentation to verify the contents of his or her registration.
Sec. 29. Section 45a-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
(a) The courts of probate shall have concurrent jurisdiction with the Superior Court, as provided in section 52-11, as amended by this act, to grant a change of name, except a change of name granted in accordance with subsection (a) of section 46b-63, except that no court of probate may issue an order or otherwise allow for the change of name of a person who is required to register with the Commissioner of Emergency Services and Public Protection as a sexual offender or as a gun offender, as defined in section 26 of this act unless such person complies with the requirements of subdivision (1) of subsection (b) of this section.
(b) (1) Any person who is required to register with the Commissioner of Emergency Services and Public Protection as a sexual offender or as a gun offender who files an application with the Court of Probate for a change of name shall (A) prior to filing such application, notify the Commissioner of Emergency Services and Public Protection, on such form as the commissioner may prescribe, that the person intends to file an application for a change of name, indicating the change of name sought, and (B) include with such application a sworn statement that such change of name is not being sought for the purpose of avoiding the legal consequences of a criminal conviction, including, but not limited to, a criminal conviction that requires such person to register as a sexual offender or as a gun offender.
(2) The Commissioner of Emergency Services and Public Protection shall have standing to challenge such person's application for a change of name in the court of probate where such change of name is sought. The commissioner shall challenge the change of name through the Attorney General. The court of probate may deny such person's application for a change of name if the court finds, by a preponderance of the evidence, that the person is applying for such change of name for the purpose of avoiding the legal consequences of a criminal conviction.
(c) Whenever the court, pursuant to this section, orders a change of name of a person, the court shall notify the Commissioner of Emergency Services and Public Protection of the issuance of such order if the court finds that such person is listed in the registry established and maintained pursuant to section 54-257 or in the registry established and maintained pursuant to section 26 of this act.
Sec. 30. Section 52-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
(a) The superior court in each judicial district shall have jurisdiction of complaints praying for a change of name, brought by any person residing in the judicial district, and may change the name of the complainant, who shall thereafter be known by the name prescribed by said court in its decree, except that no superior court may issue an order or otherwise allow for the change of name of a person who is required to register with the Commissioner of Emergency Services and Public Protection as a sexual offender or as a gun offender, as defined in section 26 of this act unless such person complies with the requirements of subdivision (1) of subsection (b) of this section.
(b) (1) Any person who is required to register with the Commissioner of Emergency Services and Public Protection as a sexual offender or as a gun offender who files an application with the Superior Court for a change of name shall (A) prior to filing such application, notify the Commissioner of Emergency Services and Public Protection, on such form as the commissioner may prescribe, that the person intends to file an application for a change of name, indicating the change of name sought, and (B) include with such application a sworn statement that such change of name is not being sought for the purpose of avoiding the legal consequences of a criminal conviction, including, but not limited to, a criminal conviction that requires such person to register as a sexual offender or as a gun offender.
(2) The Commissioner of Emergency Services and Public Protection shall have standing to challenge such person's application for a change of name in the superior court where such change of name is sought. The commissioner shall challenge the change of name through the Attorney General. The superior court may deny such person's application for a change of name if the court finds, by a preponderance of the evidence, that the person is applying for such change of name for the purpose of avoiding the legal consequences of a criminal conviction.
(c) Whenever the court, pursuant to this section, orders a change of name of a person, the clerk of the court shall notify the Commissioner of Emergency Services and Public Protection of the issuance of such order if the clerk finds that such person is listed in the registry established and maintained pursuant to section 54-257 or in the registry established and maintained pursuant to section 26 of this act.
Sec. 31. (NEW) (Effective July 1, 2013) As used in sections 31 to 43, inclusive, of this act:
(1) "Ammunition" means cartridge cases, primers, bullets or propellant powder designed for use in any firearm;
(2) "Applicant" means a person who is seeking the issuance or renewal of a registration card for a firearm that he or she owns or possesses;
(3) "Department" means the Department of Emergency Services and Public Protection;
(4) "Firearm" has the same meaning as provided in section 53a-3 of the general statutes, but does not include an antique firearm, as defined in section 29-37a of the general statutes;
(5) "Registrant" means a person who has been issued a registration card for a firearm that he or she owns or possesses;
(6) "Seller" means any person selling or otherwise transferring a firearm, including a licensed firearms dealer or unlicensed gun seller.
Sec. 32. (NEW) (Effective July 1, 2013) (a) Every person in this state shall register each firearm he or she owns or possesses in accordance with sections 31 to 43, inclusive, of this act.
(b) Any person owning or possessing a firearm on the effective date of this section shall apply to register the firearm in accordance with sections 31 to 43, inclusive, of this act not later than one year after said date.
(c) On and after July 1, 2014, no person shall deliver a firearm, and no person shall receive or obtain a firearm, until all of the following have occurred:
(1) The buyer or transferee has completed an application to register the firearm in accordance with section 35 of this act;
(2) The seller has verified that the prospective registrant is the person whose motor vehicle operator's license or other government-issued identification card is contained in the application;
(3) The seller has transmitted the completed application to register the firearm to the department in a manner prescribed by the department; and
(4) The seller has provided a receipt for the application to the prospective registrant on a form to be prescribed by the department.
(d) A person shall be deemed to have complied with subsection (a) of this section for a firearm if he or she produces a valid receipt indicating that he or she has applied to register that firearm in accordance with sections 31 to 43, inclusive, of this act and the application is pending.
Sec. 33. (NEW) (Effective July 1, 2013) (a) On and after July 1, 2014, no person shall purchase or possess ammunition without having first obtained a registration card identifying a firearm suitable for use with that ammunition.
(b) On and after July 1, 2014, no person shall deliver ammunition without having first verified that the ammunition purchaser possesses a registration card for a firearm that is suitable for use with that ammunition or a receipt demonstrating that the person has applied to register a suitable firearm in accordance with sections 31 to 43, inclusive, of this act and the application is pending.
Sec. 34. (NEW) (Effective July 1, 2013) Sections 32 and 33 of this act shall not apply to the ownership, possession or receipt of a firearm or ammunition by, or delivery of a firearm or ammunition to:
(1) Any law enforcement or corrections agency, or law enforcement or corrections officer acting within the course and scope of his or her employment or official duties;
(2) A United States Marshal or member of the armed forces of the United States or the National Guard, or a federal official, who is required to possess a firearm in the operation of his or her official duties;
(3) Licensed firearms manufacturers, importers or dealers, while engaged in the course and scope of their activities as licensees, provided such persons are properly licensed under federal and state law;
(4) A gunsmith who is in possession of a firearm solely for the purposes of service or repair;
(5) A common carrier, warehouseman or other person engaged in the business of transporting or storing goods, to the extent that the possession or receipt of any firearm is in the ordinary course of business and not for the personal use of any such person;
(6) A person under eighteen years of age who is in possession of a firearm for lawful hunting or sporting purposes or for any other lawful recreational activity while under the direct supervision and control of the registrant;
(7) A person eighteen years of age or older who is in possession of a registered firearm while accompanying the registrant and using the firearm for lawful hunting or sporting purposes or for any other lawful recreational activity;
(8) A new resident of this state who has brought his or her firearm into this state within the preceding sixty days, or who produces a valid receipt indicating that he or she has applied to register the firearm within this time period and the application is pending;
(9) Nonresidents of this state participating in lawful hunting or sporting activity or other lawful recreational activity in this state, provided their ownership or possession of a firearm for such purposes is lawful in the jurisdiction in which they reside and such weapon is transported in compliance with 18 USC 926A;
(10) A person being loaned a firearm solely for the purpose of shooting at targets, if the loan occurs on the premises of a properly licensed target facility and the firearm is at all times kept within the premises of the target range;
(11) A person who has acquired a firearm by operation of law upon the death of the former owner of the firearm within the preceding sixty days, or who produces a valid receipt indicating that he or she has applied to register the firearm within this time period and the application is pending;
(12) A person lawfully transporting a firearm through this state in accordance with 18 USC 926A; or
(13) An adult family member of the registrant of the firearm if the registrant resides with the family member but is not currently present in the residence, provided the family member does not maintain control over the firearm for more than fourteen consecutive days. This exception shall not apply if the registrant or the family member knows or has reasonable cause to believe that federal or state law prohibits the family member from purchasing or possessing firearms or the registrant knows or has reasonable cause to believe that the family member is likely to use the firearm for unlawful purposes.
Sec. 35. (NEW) (Effective July 1, 2013) (a) Any person who is required to register a firearm under sections 31 to 43, inclusive, of this act shall:
(1) For a newly purchased firearm: (A) Obtain a registration application from the seller of the firearm to be registered; and (B) complete and submit to the firearm seller the application, in writing, signed under penalty of false statement, on a form prescribed by the Department of Emergency Services and Public Protection.
(2) For a firearm that was lawfully owned or possessed on the effective date of this section, was brought into this state by a new resident or was acquired by operation of law upon the death of the former owner: (A) Appear in person at a time and place designated by the department; and (B) complete and submit to the department the application, in writing, signed under penalty of false statement, on a form prescribed by the department.
(b) Any person who is required to register a firearm shall provide the following information on a registration application prescribed by the department, which form shall include:
(1) The applicant's full name and any other name by which the applicant has ever been known;
(2) The home address and telephone number of the applicant;
(3) The occupation, business address and business telephone number of the applicant;
(4) The applicant's gender, race, height, weight, date of birth, place of birth, country of citizenship, social security number and, if the applicant is not a United States citizen, alien or admission number;
(5) A copy of the applicant's current motor vehicle operator's license or other government-issued identification card containing a photograph of the applicant;
(6) Information concerning any denial or revocation of a license, permit, certificate or registration card pertaining to any firearm owned or possessed by the applicant;
(7) The make, model, manufacturer's name, caliber or gauge and serial number and any other distinguishing numbers of all firearms for which the applicant seeks to obtain a registration card;
(8) The date the applicant acquired each firearm;
(9) The name, address and telephone number of the person from whom each firearm was obtained and, in the case of a firearms dealer, the dealer's license number;
(10) The name of, and description of any instance in which, any court, board, commission or other lawful authority has done either of the following, including dates of commitment and release:
(A) Determined that the applicant, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease, was a danger to himself or herself or others, lacked the mental capacity to contract or manage his or her own affairs, was not guilty of a crime by reason of mental disease or defect or was incompetent to stand trial; or
(B) Involuntarily committed the applicant to a hospital for psychiatric disabilities, including the name and address of the hospital;
(11) An authorization and release to obtain information relevant to the applicant's eligibility to register a firearm pursuant to sections 31 to 43, inclusive, of this act from any source, that waives any right to confidentiality and requests the disclosure of such information to the department for the sole purpose of determining the applicant's eligibility to register a firearm pursuant to sections 31 to 43, inclusive, of this act;
(12) The applicant's right thumbprint;
(13) Two identical color photographs of the applicant's face, frontal view, two inches square in size, taken within the thirty days immediately preceding the date of application, as specified in regulations of the department; and
(14) Any additional information the department deems necessary to process the application.
(c) On and after July 1, 2014, the department may charge a fee to cover the administrative costs of the registration for each firearm.
Sec. 36. (NEW) (Effective July 1, 2013) (a) The Department of Emergency Services and Public Protection shall conduct state and national criminal history records checks in accordance with section 29-17a of the general statutes and complete a background check of any person who applies for:
(1) A registration card for a firearm that was lawfully owned or possessed on the effective date of this section, was brought into this state by a new resident or was acquired by operation of law upon the death of the former owner; or
(2) A renewal of a registration card unless, within twelve months of the date the renewal application is submitted, the applicant passed a background check conducted by the department in connection with the applicant's acquisition of another firearm.
(b) No registration card shall be issued or renewed if the applicant is prohibited from purchasing or possessing a firearm under federal or state law.
Sec. 37. (NEW) (Effective July 1, 2013) (a) After consideration of an application for a registration card or for renewal of a registration card and all information obtained relative thereto, the Department of Emergency Services and Public Protection shall either approve or deny the application and notify the applicant in writing of the decision, including the reason or reasons for denial, and the appeal procedures under section 39 of this act.
(b) The department may grant or renew a registration card only if the applicant is in compliance with sections 31 to 43, inclusive, of this act and all other applicable federal and state laws relating to firearms and ammunition.
(c) The department shall deny the issuance or renewal of a registration card or shall revoke an existing registration card:
(1) For failure to meet any of the requirements of sections 31 to 43, inclusive, of this act, including the requirements for renewal pursuant to section 41 of this act, or any other applicable federal or state law relating to firearms or ammunition;
(2) For fraud or misrepresentation in securing a registration card;
(3) If the applicant is or becomes prohibited from purchasing or possessing a firearm under federal or state law; or
(4) Upon the occurrence of any event or circumstance that would disqualify the registrant from being issued the original registration card.
Sec. 38. (NEW) (Effective July 1, 2013) (a) If the application to register a firearm is approved, the Department of Emergency Services and Public Protection shall issue to the registrant a registration card on a form prescribed by the department for each firearm listed on the application. Each registration card shall contain the date of the registration, a unique registration number, the registrant's name, residence address, date of birth and photograph, the make, model, manufacturer's name, caliber or gauge and serial number of the firearm, the date the registration card expires and such other personal information as may be required by the department.
(b) The registration card shall not be transferable or assignable. The registration card shall be stored with the corresponding firearm in the registrant's home and shall be carried with the firearm if it is transported outside of the home. The registrant shall exhibit the registration card to any law enforcement officer upon request.
Sec. 39. (NEW) (Effective July 1, 2013) (a) If an application to register a firearm or to renew a registration card is denied, or if a registration card is revoked, the Department of Emergency Services and Public Protection shall inform the applicant or registrant in writing of the reasons for the denial or revocation, and of the appeal procedures under this section.
(b) Any applicant or registrant aggrieved by a final decision of the department may appeal therefrom as provided in section 4-183 of the general statutes.
Sec. 40. (NEW) (Effective July 1, 2013) (a) When a decision to deny an application to register, to renew a registration card or to revoke a registration card becomes final, the applicant or registrant shall immediately surrender to the Department of Emergency Services and Public Protection the firearm for which the applicant was denied registration or renewal or for which the registration card was revoked.
(b) If an applicant or registrant fails to surrender his or her firearm to the department after he or she receives notice that the decision to deny an application to register, to renew a registration card or to revoke a registration card becomes final, the department shall retrieve the firearm within forty-eight hours.
Sec. 41. (NEW) (Effective July 1, 2013) (a) Registration cards shall expire automatically one year after the date of issuance. To apply for renewal of a registration card, the registrant shall complete an application for registration as described in section 35 of this act.
(b) The Department of Emergency Services and Public Protection shall mail renewal notices to each registrant at least ninety days prior to expiration of the registration card. Applications for renewal shall be received by the department sixty days prior to the expiration of the current registration card.
(c) The renewal process for all registrants shall include a background check, as provided in section 36 of this act.
(d) The department shall follow the procedures of section 37 of this act in approving or denying the application for renewal.
Sec. 42. (NEW) (Effective July 1, 2013) The Department of Emergency Services and Public Protection shall retain an accurate record of each application for a registration card, received and acted upon, together with all other information pertaining thereto on all applications issued or denied under the provisions of sections 31 to 43, inclusive, of this act. Such information shall be available for law enforcement purposes only.
Sec. 43. (NEW) (Effective July 1, 2013) A registrant shall report to the Department of Emergency Services and Public Protection:
(1) Not later than forty-eight hours after the time he or she discovered or should have discovered any change in his or her status that would affect his or her eligibility to own or possess a firearm or registration card; and
(2) Not later than fourteen days after the occurrence of: (A) Any change in the information appearing on the registration card that would not affect his or her eligibility for the registration card; or (B) the time he or she knew or should have known of the loss, theft or destruction of a registration card.
Sec. 44. (Effective July 1, 2013) The sum of ____ dollars is appropriated to the Department of Emergency Services and Public Protection, for the fiscal year ending June 30, 2014, for the purpose of increasing the ability of the forensic science laboratory of the Division of Scientific Services to timely process firearms and fired components of ammunition submitted to the laboratory and enter such evidence into the firearms evidence databank established under section 29-7h of the general statutes.
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| This act shall take effect as follows and shall amend the following sections: |
| Section 1 | July 1, 2013 | 53-202a |
| Sec. 2 | July 1, 2013 | 53-202b |
| Sec. 3 | July 1, 2013 | 53-202c |
| Sec. 4 | July 1, 2013 | 53-202d |
| Sec. 5 | July 1, 2013 | 53-202f(a) |
| Sec. 6 | July 1, 2013 | 29-37a |
| Sec. 7 | July 1, 2013 | New section |
| Sec. 8 | July 1, 2013 | New section |
| Sec. 9 | July 1, 2013 | New section |
| Sec. 10 | July 1, 2013 | New section |
| Sec. 11 | July 1, 2013 | New section |
| Sec. 12 | July 1, 2013 | 29-32b(b) |
| Sec. 13 | July 1, 2013 | 29-36l(a) |
| Sec. 14 | July 1, 2013 | 29-37 |
| Sec. 15 | July 1, 2013 | 29-38b |
| Sec. 16 | July 1, 2013 | 54-36e(b) |
| Sec. 17 | July 1, 2013 | 17a-500 |
| Sec. 18 | July 1, 2013 | 53-202g(a) |
| Sec. 19 | July 1, 2013 | 53-202aa(c) |
| Sec. 20 | July 1, 2013 | 29-28(b) |
| Sec. 21 | July 1, 2013 | 29-36f(b) |
| Sec. 22 | July 1, 2013 | 29-36h |
| Sec. 23 | July 1, 2013 | New section |
| Sec. 24 | July 1, 2013 | 53a-217d |
| Sec. 25 | July 1, 2013 | 53-341b |
| Sec. 26 | January 1, 2014 | New section |
| Sec. 27 | January 1, 2014 | New section |
| Sec. 28 | January 1, 2014 | New section |
| Sec. 29 | January 1, 2014 | 45a-99 |
| Sec. 30 | January 1, 2014 | 52-11 |
| Sec. 31 | July 1, 2013 | New section |
| Sec. 32 | July 1, 2013 | New section |
| Sec. 33 | July 1, 2013 | New section |
| Sec. 34 | July 1, 2013 | New section |
| Sec. 35 | July 1, 2013 | New section |
| Sec. 36 | July 1, 2013 | New section |
| Sec. 37 | July 1, 2013 | New section |
| Sec. 38 | July 1, 2013 | New section |
| Sec. 39 | July 1, 2013 | New section |
| Sec. 40 | July 1, 2013 | New section |
| Sec. 41 | July 1, 2013 | New section |
| Sec. 42 | July 1, 2013 | New section |
| Sec. 43 | July 1, 2013 | New section |
| Sec. 44 | July 1, 2013 | New section |
Statement of Purpose:
To enact various initiatives to reduce gun violence in this state including expanding the definition of assault weapon, requiring a rifle permit for the purchase of a long gun, requiring registration of firearms, establishing a gun offender registry, regulating the sale of ammunition and eliminating the bulk purchase of firearms.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
