You asked how many police departments have applied for gun seizure warrants pursuant to CGS § 29-38c.

SUMMARY

As of November 15, 2001, at least 28 local police departments and the State Police had applied for gun seizure warrants (55 applications) under CGS § 29-38c, which took effect on October 1, 1999 (Table 1). This law (1) allows police, in limited circumstances and following specified procedures, to get warrants and seize guns from people posing an imminent risk of harming themselves or others and (2) requires a judge to hold a hearing within 14 days after the seizure and decide whether to return the guns or let the state hold them for up to one year.

Police can seek the warrant only after (1) conducting an independent investigation to establish probable cause and (2) determining that no reasonable alternative exists to avert the risk of harm. The law does not define "independent investigation" or cite "reasonable alternatives." But, the floor debate indicates legislators believed that as part of the investigation, police should talk to witnesses and corroborate allegations made against defendants. And, a Superior Court ruling that reversed a seizure under this law identifies consensual search as the most obvious alternative to the search warrant (State of Connecticut vs. David Avery, CV 11-9168 A, GA 11, December 12, 1999). During the floor debate (discussed extensively in OLR Report 2000-R-0196), legislators suggested other alternatives, including civil commitment and arrest.

Most of the departments (17) applied for one warrant. The State Police applied for the most (nine), followed by West Hartford and New Britain (five each). Enfield, Milford, and Newington applied for three each and Farmington, Meriden, Monroe, Rocky Hill, and Seymour applied for two each. The courts granted 53 of the 55 warrants sought and denied one (Wolcott) for lack of probable cause. The target of one Seymour Police Department warrant surrendered his guns voluntarily before the warrant was signed.

The allegations on which warrant applications were based included suicide threats and suicidal behavior, murder threats, and violent behavior. Murder and suicide threats accounted for most (35) of the applications (Figure 1).

Most of the complaints were from defendants' relatives (Figure 2). Other complainants included neighbors, health professionals, and school officials. All, except one, of the defendants were male.

Police seized guns in 47 of the 53 cases in which warrants were granted. In 6 cases, no guns were found (Table 1).

Table 1: WARRANT APPLICATIONS PURSUANT TO CGS SECTION 29-38c*

Police Department	No of Applications	Subject of Complaint (Defendant)	Complainant	Allegations Against Subject and/or Basis for Warrant Application	Warrant Issued	Guns Seized	Outcome
Danbury	1	Longchamps (m)	Unclear	Threatened to kill law enforcement officers and others whom he claimed were trying to kill him (had access to guns and alleged history of drug and alcohol abuse and suicide threats)	Yes	8 (plus ammunition and other weapons) (May 2, 2000)	Court ordered guns held for one year, on May 3, 2000; as of November 7, 2001, department still had guns and subject had not claimed them
Darien	1	Volland (m)	Employer	Threatened to kill self and terminally ill wife (faced arrest and job termination because of illegal workplace activities; police records showed that subject owned guns)	Yes	None found	No hearing required-case closed
East Haven	1	Gagliardi (m)	Wife	Repeatedly violated the protective order, issued after he threatened to shoot and kill his wife, and failed to surrender his gun as the law requires	Yes	1 (July 18, 2001)	Hearing scheduled for July 30, 2001-no further information available
Enfield	3	Case 1-Vincenzo (m)	Unclear	Suicide and murder threats	Yes	11 (October 29, 2001)	Hearing scheduled for November 8, 2001-no further information available
		Case 2-Ventura (m)	Unclear	Suicidal behavior	Yes	20 (plus ammunition) (October 27, 2000)	Court ordered guns held for one year Guns returned-case closed
		Case 3-Slavis (m)	Ex-wife	Suicide threat (had arrest record)	Yes	1 (plus other weapons) (June 25, 2000)	Court ordered gun held for one year; as of December 1, 2000, department still had the gun
Fairfield	1	Merritt (m)	Son	Suicide threats (was target of FBI child pornography probe and raid; swallowed pills, armed self, led police in pursuit and refused to relinquish gun; police aware of subject's access to guns)	Yes	8 (plus ammunition and accessories) (April 25, 2000)	Hearing scheduled for May 8, 2000-no further information available
Farmington	2	Case 1-Kryznowek (m)	Sister	Threatened to kill sister and other family members with gun during domestic dispute (police heard subject threaten to break sister's neck while she was on phone reporting threats; after police seized guns and hospitalized subject, sister expressed fear of repercussions)	Yes	39 (plus ammunition and accessories) (October 19, 1999)	Court ordered guns transferred to gun dealer for resale on consignment-case closed
		Case 2-Frenette (m)	Unclear	Threatened school official and neighbor with baseball bat; barricaded self in residence where police observed him with what appeared to be a gun and heard gun slide action (had criminal record and history of alcohol abuse)	Yes	Ammunition only (June 10, 2001)	Subject agreed that ammunition be turned over for destruction-case closed
Glastonbury	1	Brenza (m)	Mother	Suicidal behavior-brandished knife at police officers who responded to 911 call and told them they would have to kill him (mother expressed concern about subject's mental state; subject had history of verbal and physical altercations with family members; claimed to have guns and described possible ambush scenarios of police officers; police records showed he had guns)	Yes	4 (December 27, 2000)	Hearing scheduled for March 30, 2001-no further information available
Greenwich	1	Bosee (m)	Neighbor	Subject, while proclaiming his right to protect his property, held a handgun at his side during a dispute at his house with a neighbor (police records showed (1) similar episode in past, when subject allegedly walked around his property carrying rifle; (2) subject did not have gun permit; and (3) active arrest warrant for DWI)	Yes	11 (plus ammunition and accessories) (October 28, 1999)	Unknown (record incomplete)
Hamden	1	Richardson (m)	Unclear	No information available	Yes	1 (February 21, 2001)	Court ordered gun held for one year
Manchester	1	Glode (m)	Wife	Threatened to kill wife (psychiatrist described subject's escalating abuse of prescription drugs and advised police that he was in imminent danger of harming himself or someone else; had access to guns)	Yes	6 (plus ammunition and other weapons) (March 8, 2000)	Court ordered guns held for 120 days; department returned them on September 18, 2000-case closed
Meriden	2	Case 1-Kovalcik (m)	Wife	Physical abuse and emotional intimidation of wife-told her, while holding telescopic scope for rifle, "one shot, one kill, never miss your target" (after wife stopped sleeping with subject, he placed pistol and holster at place where she used to sleep; barricaded windows and family room to protect his guns; wife reported large arsenal of weapons)	Yes	37 (plus ammunition and accessories and other weapons) (April 11, 2001)	Court ordered guns held for one year
		Case 2-Burch (m)	Behavioral health caseworker	Threatened to kill neighbor (convicted felon with extensive history of violent crimes; was under treatment for a psychiatric disability)	Yes	No guns found	No hearing required-case closed
Milford	3	Case 1--Sealed juvenile case (m)	School officials	Threatened to kill self and students; claimed access to guns and outlined possible methods of committing the acts (history of suicide threats and self mutilation; access to guns)	Yes	6 (plus ammunition and other weapons) (March 20, 2001)	Hearing scheduled for March 30, 2001-no further information available
		Case 2- Sealed juvenile case (m)	School official and parent of complainant	Threatened to shoot a student	Yes	19 (plus ammunition and accessories, other weapons, and miscellaneous items) (March 23, 2001)	Hearing scheduled for April 4, 2001-no further information available
		Case 3-Squezello (m)	Wife	Wife expressed fear for her safety and that of her neighbors; said subject, who was having dispute with neighbors, started carrying a gun and harassing and threatened to get even with them; had been verbally abusive to wife in the past	Yes	13 (plus ammunition and accessories) (August 20, 2001)	Judge recommended guns be sold; guns sold-case closed
Monroe	2	Case 1-Testo	Wife	Threatened to shoot self and wife (history of physically abusing wife)	Yes	2 (plus ammunition and other weapons) (September 8, 2000)	Hearing on September 22, 2000, case continued until October 18, 2000 and again until February 14, 2001-no further information available
		Case 2-Szerkes (m)	Victim advocate	Subject, as condition of release for an assault crime, was not allowed to possess guns; mother and sister alleged that he had guns (subject, who was previously diagnosed as paranoid schizophrenic, allegedly threatened mother and sister and put unloaded gun to his head in the past)	Yes	No guns found	No hearing required-case closed
New Britain	5	Case 1-Smoloski (m)	Wife	Suicide threats (allegedly depressed and despondent because of injury that prevented him from working; refused to cooperate with police officers who responded to wife's allegations)	Yes	2 (plus ammunition seized from police department custody) (February 20, 2001)	Court ordered guns turned over to subject's son
		Case 2-Muchiewicz (m)	Unknown (record incomplete)	Unknown (record incomplete)	Yes	8 (plus ammunition) (May 31, 2000)	Court ordered guns transferred to gun dealer-case closed
		Case 3-unknown (incomplete record)	Unknown (record incomplete)	Unknown (record incomplete)	Yes	No guns found	No hearing required-case closed
		Case 4-Zysek	Subject	Attempted suicide-stabbed himself in abdomen	Yes	2 (plus ammunition) August 14, 2001	No information available
		Case 5- Targonski (m)	Wife	Took gun to workplace and threatened to kill himself (responding officers noted he was under the influence of alcohol or drugs (had made several suicide threats in the past; was depressed because his wife wanted a divorce)	Yes	1 (from police department evidence room) (October 13, 2000)	Court ordered gun held for one year; as of December 1, 2001,.department still had the gun
Newington	3	Case 1-Sheehan (m)	Veterans' Dept. health care benefits provider	Suicide threats (on medication for manic depression and sometimes became uncontrollably depressed, history of emotional instability, previously threatened to kill self and girlfriend)	Yes	1 (plus ammunition and accessories) (November 9, 1999)	Court ordered gun held for one year; as of November 8, 2001, department still has gun
		Case 2- Bedoian (m)	Brother	Suicidal and threatening behavior (locked self in room with rifle after dispute with sibling and refused to respond to family; history of illegal drug use and frequent fights with sister)	Yes	5 (plus ammunition) (November 13, 2000)	Court ordered guns transferred to qualified relative-case closed
		Case 3-Tine (m)	Friend	Suicide threats (previously hospitalized for suicide threat)	Yes	2 (from police custody)	Case was continued from July 9 to July 16 to July 20, 2001 to accommodate a written transfer agreement. This was never done. As of October 26, the case was still pending
North Branford	1	McGinnty (m)	Police investigation	Threatened to kill self, neighbors, and coworkers (depressed because he was in danger of losing his job; previously suspended for striking coworker; was drinking heavily and having temper tantrums; police investigation revealed subject possessed guns; psychiatrist advised police that subject was a threat to himself and others and should not possess guns)	Yes	5 (plus ammunition an accessories) (November 6, 1999)	Court ordered guns held for one year on November 17, 1999; on April 6, 2000, court ordered them released to a third party, who took claimed them on April 21, 2000-case closed
North Haven	1	Demarco (m)	Employer	Stalked and threatened to kill town building department employee	Yes	4 (February 8, 2000)	Guns were returned to the subject in July 2000-case closed
Norwich	1	Grey (m)	Former employer	Murder threat (shortly before subject was advised of job termination for disciplinary reasons, told employees he had guns and would care of the problem)	Yes	2 (plus ammunition and other weapon) (November 12, 1999)	Court ordered guns released to relative-case closed
Rocky Hill	2	Case 1-Peczynski (m)	Town employee	Threatened to kill police officer (had access to guns, history of threatening behavior, and arrest record for reckless endangerment)	Yes	18 (April 14, 2000)	Court ordered guns returned on June 15, 2000 on grounds of insufficient evidence-case closed
		Case 2-Sobowicz (m)	Estranged wife	Threatened to kill wife (prior history of physical violence and arrests for domestic violence, had previously been subject of family violence protective orders; previous stay in psychiatric facility; had access to guns)	Yes	6 (from police department custody ) (November 19, 1999)	As of October 26, 2001, case continued indefinitely. Appears ownership of the guns is being litigated as part of marital asset in divorce case and an appeal is pending.
Seymour	2	Case 1-Giovacchino (m)	Employer of subject's ex-girlfriend	Threatened to shoot and kill ex-girlfriend (made numerous threatening calls to her at her workplace and home; heavy drinker and drug abuser)	Subject surrendered guns voluntarily	No search	No hearing required-case closed
		Case 2-Warsenick (m)	Veterans' Home and Hospital doctor	Suicidal and homicidal behavior (psychiatric evaluation indicated that subject was depressed and had "multiple old and new risk factors for suicide")	Yes	8 (plus other weapons) (July 19, 2001)	Court ordered guns held until July 17, 2002
Simsbury	1	Bird (m)	Unclear (incomplete record)	Suicidal behavior (gave loaded gun to 15-year old daughter during heated argument and told her to kill him)	Yes	1 (February 1, 2000)	Court ordered gun held for one year until February 9, 2001; later, court ordered the gun destroyed; department turned it over to State Police for destruction on May 9, 2001-case closed
Stamford	1	Vukel (m)	Ex-girlfriend	Threatened ex-girlfriend with gun violence (history of physical violence and murder threats against ex-girlfriend)	Yes	1 (plus ammunition and other weapons)	Court ordered gun held for one year -no further information available
Torrington	1	Santoro (m)	Doctor	Threatened during session with his doctor to kill ex-wife; told him he had house full of guns, including assault weapons (in past incident, had locked estranged wife in bedroom, kept her hostage for about 45 minutes, brandished gun at her, and threatened to shoot her)	Yes	35 (plus other weapons and ammunition) (June 21, 2000)	Unknown (record incomplete)
West Hartford	5	Case 1-Chorches (m)	Police investigation	Korean veteran having flashbacks (on medication for posttraumatic stress, emotional, and mental problems; subject told police he had guns)	Yes	7 (from police department custody) (October 15, 1999)	Initially, court ordered guns held for one year; later, all parties agreed to disposition-case closed
		Case 2-Pratson (m)	Brother	Suicidal behavior (despondent over mother's death, locked himself in his house and refused to eat or answer door or phone; was drinking heavily and was known to keep guns in his house)	Yes	4 (October 23, 1999)	Court ordered guns held by police-no further information available
		Case 3-North (f)	Therapist	Threatened to kill herself and partner with her gun (psychiatrist said subject was a threat to herself and others)	Yes	No guns found	No hearing required- case closed
		Case 4-Haddad (m)	Neighbors	Irrational behavior-- kicking garbage in the streets, firing guns recklessly, ranting at passing traffic, etc.	Yes	2 (plus other weapons and ammunition)	Court ordered guns held for one year; guns returned at end of period- case closed
		Case 5 -Chambers (m)	Unclear	Irrational and violent behavior, smashing doors, thrashing house, etc.	Yes	1 (from police property room) (August 22, 2001)	Subject agreed that gun be turned over to State Police for destruction- case closed
West Haven	1	Halfman (m)	Employer	Despondent behavior and suicidal talk over prospect of losing his job (told police that they may as well put bullet in his head; had access to guns and arrest record for domestic violence)	Yes	1 (plus ammunition and accessory) (March 16, 2001)	Hearing scheduled for March 30, 2001-no further information available
Windsor	1	Hubbard m)	Information unavailable	Information unavailable	Yes	3 (September 10, 2001)	Court ordered guns held for one year
Wolcott	1	Piwcyznski (m)	Mother	Suicide threats (subject previously hospitalized for suicidal tendencies; had gun permit)	Denied (lack of probable cause)	No search required	Subject committed suicide- case closed
State Police	9	Case 1-Avery (m) (Danielson)	Police investigation	Road rage (deputy sheriff, while drunk, pursued black couple on highway, directed racial slurs at them, and fired shots at them)	Yes	7 (plus ammunition and other weapons) (November 1, 1999)	Court ordered guns returned because department had not exhausted the law's reasonable alternative standards; attorney was notified but as of October 27, 2001, had not yet collected the guns
		Case 2-Shapiro (m) (Tolland)	Visiting nurse	Suicide threats (threatened to blow off his head because he was depressed over wife's death; doctor expressed concern over guns in subject's house)	Yes	12 (plus ammunition and accessories) (November 18, 1999)	Court ordered guns held for one year on January 5, 2000-no further information available
		Case 3-Sanford (m) (Salem)	Police investigation	Mental instability (hospitalized in past for mental condition; on anti-depressant and mood stabilizer; investigated previously for violent incident; history of arrests for burglary, trespassing, forgery, and obtaining drugs illegally)	Yes	72 (plus ammunition and accessories) (August 2, 2000)	Court ordered guns transferred to a third party- case closed
		Case 4-Bryan (m) (Monroe)	Sister-in-law	Sister-in-law alleged she feared for her safety because of incidents which resulted in arrest of subject; subject had access to large collection of guns; went to sister-in-law's residence while armed to claim property (previously threatened to kill former employer)	Yes	231 (August 30, 2000)	Court ordered (1) one assault weapon destroyed and the balance returned to subject and (2) other guns transferred to gun dealer; guns transferred to dealer on December 6, 2000; assault weapons returned to subject on March 22, 2001-case closed
		Case 5-Feld (m)	Neighbor/police investigation	Violent threats, including gun threats directed at neighbor (left numerous violent and incoherent telephone messages with police department; told police he had guns; had criminal record)	Yes	1 (plus ammunition and accessories) (February 16, 2001)	Hearing set for March 1, 2001, continued to May 9, 2001; police will continue to hold guns pending final disposition
		Case 6-Feld (m) (Bolton)	Police investigation	Violent threats directed at neighbor in calls to police department (had criminal record; police had applied for a warrant to seize guns from subject after similar incident in past)	Yes	1 flare launcher (September 26, 2001)	Court ordered weapon destroyed- case closed
		Case 7-Lemont (m) (Montville)	Psychiatric clinician	Expressed homicidal thoughts to doctor about neighbors and tenant (subject was being treated for depression, anger management, suicidal thoughts, anxiety, and mental problems; made several suicide attempts; had access to large cache of guns	Yes	7 (March 8, 2001)	Case continued to May 16, 2002- police still holding guns
		Case 8-Albus (m) (Ellington)	Unknown (record incomplete)	Threatened to commit suicide with gun (history of hospitalization and treatment for mental health problems)	Yes	Unknown number of guns seized from State Police custody	Subject agreed to have State Police destroy weapons; before written agreement was completed, subject committed suicide-case closed
		Case 9- Peterson (m) Litchfield	Drug and Detoxification center employee	Threatened to kill self and sister (history of voluntary and involuntary commitment for alcohol abuse; police records showed subject owned several guns)	Yes	2 (plus ammunition accessories, and other weapon) (July 11, 2000)	Hearing scheduled for July 21, 2000-no further information available

* This report is based largely on Judicial Department information and two OLR surveys of the State Police and local police departments. Because, among other things, departments do not maintain their data in a readily retrievable format and some departments did not respond to the surveys, the figures in this report represent the minimum, and not necessarily the total, number of applications under this law. Closed cases are shown in red.