OLR Bill Analysis

sSB 938 (File 69, as amended by Senate “A”)*

AN ACT CONCERNING A STUDY OF LIMITING THE PURCHASE OF HANDGUNS TO ONE PER MONTH.

SUMMARY:

This bill establishes the crime of firearm trafficking and makes it a class B or C felony depending on the number of firearms involved. A person commits this crime if he or she knowingly and intentionally gives a person who cannot legally possess firearms access to his or her firearms. Existing law already contains a similar prohibition but with lesser penalties.

The bill also requires anyone whose firearm (except an antique firearm) is lost or stolen to file a police report within 72 hours after he or she discovered or should have discovered the theft or loss and imposes penalties ranging from an infraction to a class C felony for failing to file within the deadline. Under current law, the reporting requirement applies only to the theft of assault weapons, and the statute contains no penalties.

The bill requires the Department of Public Safety (DPS) commissioner, when he issues permits to carry handguns (but not eligibility certificates to obtain them), to give permittees a copy of the law requiring the reports and the associated penalties.

*Senate Amendment “A” replaces the original bill, which had required DPS to study the feasibility of prohibiting people from buying more than one handgun per month.

EFFECTIVE DATE: October 1, 2007

FIREARM TRAFFICKING

The bill establishes the crime of firearm trafficking. A person is guilty of this crime if he or she, knowingly and intentionally, directly or indirectly, causes firearms that he or she owns, possesses, or controls to come into the possession or control of anyone whom he or she knows or has reason to believe cannot legally own or possess firearms under state or federal law. A violation involving (1) more than five firearms is a class B felony and (2) five or fewer firearms is a class C felony. A class B felony is punishable by up to 20 years imprisonment, a fine of up to $ 15,000, or both; a class C felony is punishable by up to 10 years imprisonment, a fine of up to $ 10,000, or both.

The provisions do not apply to long guns or antique firearms.

By law, it is already illegal to buy any firearm intending to transfer it to anyone the buyer knows or has reason to believe cannot legally buy or possess such a firearm. The penalty for a violation is a fine of up to $ 1,000, imprisonment for up to five years, or both. A violator convicted of a felony within the previous five years is guilty of a class D felony (CGS § 29-37j). A class D felony is punishable by up to five years imprisonment, a fine of up to $ 5,000, or both.

LOST OR STOLEN FIREARM REPORTS

Current law requires assault weapon owners to report the weapon stolen within 72 hours after they discover or should have discovered the theft. The bill requires theft reports for all firearms, except antiques. It also requires owners of all firearms to file reports within the same deadlines if they lose their weapons. The bill requires the reports to be filed with the local police department for the town in which the loss or theft occurred or, if the town does not have a police department, with the State Police troop having jurisdiction. It requires the department or troop to immediately forward a copy of the report to the DPS commissioner.

A first-time failure to report within the deadline is an infraction, punishable by a fine of up to $ 90. Any subsequent unintentional failure to report within the deadline is a class D felony. Intentional failure to report is a class C felony. But it is unclear if this applies to a first-time intentional failure to report. The bill specifies that a first-time violator does not lose the right to possess or obtain firearms under law.

COMMITTEE ACTION

Public Safety and Security Committee

Joint Favorable Substitute

Judiciary Committee

Joint Favorable