"AN ACT PROHIBITING THE SALE OF ELECTRONIC DEFENSE WEAPONS. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective October 1, 2006) Any firearm, as defined in section 53a-3 of the general statutes which is forfeited to the state in accordance with section 26-23, 26-24, 26-85, 26-90 or 53a-217e of the general statutes, as amended by this act, and which is not retained for appropriate use shall be sold at public auction by the Commissioner of Administrative Services or the commissioner's designee or destroyed. Except as provided in this section, pistols and revolvers, as defined in section 53a-3 of the general statutes, including those that are antiques, as defined in section 29-33 of the general statutes, 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 retail value of one hundred dollars or more, shall be sold at public auction, provided such pistols and revolvers are 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 in accordance with section 29-28 of the 2006 supplement to the general statutes. Rifles and shotguns, as defined in section 53a-3 of the general statutes, shall be sold only to persons qualified under federal law to purchase such rifles and shotguns. Pistols and revolvers which have a retail value of less than one hundred dollars and inoperable rifles, shotguns or pistols and revolvers and accoutrements such as magazines, which have an altered identification mark, number or name, as defined in section 29-36 of the general statutes, shall be destroyed. The proceeds of any sale in accordance with this section shall be paid to the State Treasurer and deposited by the State Treasurer into the Conservation Fund established under section 22a-27h of the 2006 supplement to the general statutes.

Sec. 502. Section 26-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

Any weapon, article or implement, capable of being used for the purpose of taking, catching or holding any fish, crustacean, wild or game bird, wild or game quadruped, reptile or amphibian, which is abandoned, discarded or thrown away in an attempt to destroy or conceal evidence or to prevent apprehension, may be seized and taken into possession by any conservation officer. If the owner or person having custody of any such article at the time it is abandoned, discarded or thrown away fails to claim such article within one year after it comes into the possession of such officer, such article shall be forfeited to the state and may be retained for use by the commissioner, may be sold at public auction or may be destroyed at the discretion of said commissioner, provided any firearm shall be subject to the provisions of section 501 of this act. The proceeds from such sales shall be paid to the State Treasurer to be credited to the [General Fund] Conservation Fund established under section 22a-27h of the 2006 supplement to the general statutes.

Sec. 503. Section 26-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

Any hunting, fishing or trapping weapon, device, implement or article seized and held as evidence by the commissioner and not claimed by the owner thereof within a period of one year from the date of such seizure, subject to the provisions of section 501 of this act, may be retained for use by the commissioner or assigned by said commissioner to any other state agency, or may be sold at public auction by the Commissioner of Administrative Services at the request of said commissioner, or may be destroyed at the discretion of said commissioner. The proceeds of any such sale shall be paid to the Treasurer and credited to the [General Fund] Conservation Fund established under section 22a-27h of the 2006 supplement to the general statutes.

Sec. 504. Section 26-85 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

No person shall use or attempt to use or possess any jacklight for the purpose of taking any deer. For the purpose of establishing a prima facie case under the provisions of this section, a jacklight shall be construed as any artificial light when used in conjunction with any rifle larger than a twenty-two long rifle, or with a shotgun and ball shells or shot larger than No. 2 shot or with a bow and arrow or crossbow, in any area frequented by deer or where deer are known to be present, or in any deer habitat, and possession of such articles in any such place, or any road, lane or passageway adjacent to such place, by any person during the period from one-half hour after sunset to sunrise shall be prima facie evidence of a violation of this section. Any person who kills or wounds any deer with any firearm or other weapon by the aid or use of any artificial light during the period from one-half hour after sunset to sunrise shall be subject to the provisions of this section. Any person who violates any provision of this section shall be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than six months or be both fined and imprisoned, for the first offense, and for each subsequent offense shall be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or be both fined and imprisoned. Any firearm, shell, cartridge and any other weapon and portable lights, batteries and any other device used, or intended to be used by, and found by the trial court to have been in the possession of, any person charged with a violation of any provision of this section, when such person is convicted, or upon the forfeiture of any bond taken upon any such complaint, shall be ordered by the trial court to be forfeited to the state and all such articles shall, by order of said court, be turned over to the commissioner and, subject to the provisions of section 501 of this act, may be retained for use by the department or assigned by the commissioner to any other state agency, may be sold at public auction by the Commissioner of Administrative Services at the request of the commissioner or may be destroyed at the discretion of the commissioner. The proceeds of any such sale shall be paid to the State Treasurer and [by him] credited to the [General Fund] Conservation Fund established under section 22a-27h of the 2006 supplement to the general statutes. If a motor vehicle is used to transport such person to or toward or away from the place where the illegal act was committed, the operator's license of such person or, if he has no such license, the privilege to obtain such license shall be suspended by the Commissioner of Motor Vehicles for a period of one year from the date of such conviction or forfeiture of such bond. Said commissioner, after a hearing is held thereon, may issue to such person a restricted, limited operator's license if such license is required by such person to earn a livelihood. Said commissioner shall suspend such license for the remainder of the original suspension period if such restricted license is used for purposes other than those determined by said commissioner.

Sec. 505. Section 26-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) No person shall make any material false statement or sign the name of another when making application for any permit authorized under any provision of this part nor shall any person make any material false statement or sign the name of another when reporting the killing of any deer as required under the provisions of this part. Any person who makes any material false statement or signs the name of another when reporting the killing of any deer or when making application for any permit authorized under any provision of this part, whether or not such permit is issued, shall be deemed to have committed such offense in the town listed as the town of killing on the deer-killing report or the town listed on the application form as being the town in which the property is located or, if such property is listed as being located in more than one town, criminal jurisdiction may be taken in any such town.

(b) Any person who violates any provision of this part, or any regulation issued by the commissioner pursuant thereto, for which no other penalty is provided shall be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned not more than sixty days or be both fined and imprisoned, and the possession of each quadruped or part thereof taken in violation of any such provision shall be a separate offense. Any firearm, shell, cartridge and any other weapon and any other device used, or intended to be used, and found by the trial court to have been in the possession of any person charged with a violation of this section or any provision of section 26-82 or section 26-86a, when such person is convicted, or upon the forfeiture of any bond taken upon any such complaint, shall be ordered by the trial court to be forfeited to the state and all such articles shall, by order of said court, be turned over to the commissioner and, subject to the provisions of section 501 of this act, may be retained for use by the department or assigned by the commissioner to any other state agency, may be sold by the Commissioner of Administrative Services at the request of the commissioner or may be destroyed at the discretion of the commissioner. All money collected as a result of any such sale shall be transmitted to the State Treasurer and [by him be deposited to the General Fund] be credited to the Conservation Fund established under section 22a-27h of the 2006 supplement to the general statutes.

Sec. 506. Subdivision (2) of subsection (h) of section 53a-217e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(2) Any person arrested for a violation of subsection (b), (c) or (d) of this section or subsection (b) of section 53-206d, except as provided in section 26-85 shall surrender any firearm, bow, crossbow, bolt or high velocity air gun in the person's possession while hunting at the time of the alleged violation. Such property shall be confiscated at the time of arrest by a police officer or conservation officer. Upon nolle or dismissal of charges or acquittal of such person of such violation, such property shall be returned to the person within five business days and in the same condition as when the firearm, bow, crossbow or high velocity air gun was surrendered. Notwithstanding the provisions of sections 54-33g and 54-36a, the property shall be turned over to the Commissioner of Environmental Protection upon conviction of such person for such violation. Said commissioner shall (A) retain the property for use by personnel of the Department of Environmental Protection, (B) convey the property to the Commissioner of Administrative Services for sale at public auction, the proceeds of which shall be credited to the [Criminal Injuries Compensation Fund] Conservation Fund established pursuant to section [54-215] 22a-27h of the 2006 supplement to the general statutes, or (C) destroy the property. "