CHAPTER 529*
DIVISION OF STATE POLICE

      Sec. 29-1zz. (Formerly Sec. 29-1a). Terms "State Police Commissioner" or "Commissioner of State Police" deemed to mean Commissioner of Public Safety; "State Police Department" deemed to mean Division of State Police. (a) Whenever the term "State Police Commissioner" or "Commissioner of State Police" is used or referred to in the general statutes relating to the duties and responsibilities of said commissioner, it shall be deemed to mean or refer to the Commissioner of Public Safety.

      (b) Whenever the term "State Police Department" is used or referred to in the general statutes relating to the duties and responsibilities of said department, it shall be deemed to mean or refer to the Division of State Police within the Department of Public Safety.

      (P.A. 77-614, S. 486, 610.)

      History: Sec. 29-1a transferred to Sec. 29-1zz in 1983.

      Sec. 29-2. Powers of commissioner. The Commissioner of Public Safety shall have general jurisdiction of the affairs of the Division of State Police within the Department of Public Safety and shall have all the powers and privileges conferred by statute upon a state policeman. He shall submit to the Governor an annual report, as provided in section 4-60, setting forth in detail the work of said division. Said commissioner shall prescribe rules for the government of the division and, in any investigation made by him relating to the personnel of the division, may administer oaths and summon witnesses and compel their attendance as provided by law for the attendance of witnesses at court.

      (1949 Rev., S. 3641; June, 1955, S. 1985d; September, 1957, P.A. 11, S. 13; P.A. 74-106, S. 1, 2; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 96-180, S. 152, 166.)

      History: P.A. 74-106 deleted provision requiring that general office of the state police department be located in Hartford; P.A. 77-614 and P.A. 78-303 replaced state police commissioner and department with commissioner of public safety and division of state police within the department of public safety, effective January 1, 1979; P.A. 96-180 substituted "The Commissioner of Public Safety" for "Said commissioner", effective June 3, 1996.

      See Sec. 7-285 for disposition of articles found or stolen articles recovered.

      See Sec. 29-291 re commissioner's duty to serve as State Fire Marshal.

      Cited. 161 C. 324.

      Cited. 6 Conn. Cir. Ct. 163.

      Sec. 29-2a. Legal review of police policies and practices of Division of State Police. The Chief State's Attorney and the Attorney General, or their designees who shall be attorneys in their respective offices, shall annually conduct a legal review of the police policies and practices of the Division of State Police within the Department of Public Safety, including the policies and procedures relative to the protection of civil liberties. They shall examine all police practices and procedures followed by the Division of State Police and shall select the practices and procedures to be reviewed. Such review may include, but not be limited to: An evaluation of the Division of State Police policies and practices to ensure that they comply with state and federal law; recommendations for changes in those policies or practices to avoid violations of federal and state constitutional, statutory or regulatory provisions; and a summary of recent changes in statutory or case law which may impact on those state police policies and practices. The Chief State's Attorney and the Attorney General shall enter into a cooperative agreement which shall define the staffing requirements for the review and the specific process for the completion of the duties required by the provisions of this section. On January 1, 1991, and annually thereafter, the Chief State's Attorney and the Attorney General shall submit the review to the Governor, the Commissioner of Public Safety, the Auditors of Public Accounts, the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Public Safety, the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and the legislative program review and investigations committee.

      (P.A. 90-120, S. 1, 3.)

      See Sec. 7-294m re instruction concerning new legal developments for police officers with managerial duties.

      Sec. 29-2b. Imposition of traffic ticket quotas prohibited. The Department of Public Safety shall not impose any quota with respect to the issuance of summonses for motor vehicle violations upon any policeman in said department. Nothing in this section shall prohibit said department from using data concerning the issuance of summonses in the evaluation of an individual's work performance provided such data is not the exclusive means of evaluating such performance. As used in this section, "quota" means a specified number of summonses for motor vehicle violations to be issued within a specified period of time.

      (P.A. 91-222, S. 1, 3.)

      Sec. 29-3. "State policeman" defined. "State policeman" or "state policemen", wherever used in the general statutes, shall, unless otherwise indicated by the context, include a state policewoman or state policewomen.

      (1949 Rev., S. 3642.)

      Sec. 29-3a. Educational qualifications. After graduation from the State Police Training Academy, and before becoming a sworn member of the Division of State Police within the Department of Public Safety, all state police trainees shall have received a high school diploma or an equivalent approved by the state Department of Education. Nothing in this section shall prohibit prospective state police applicants from being admitted to the State Police Training Academy without having received either the high school diploma or equivalent.

      (June Sp. Sess. P.A. 91-12, S. 48, 55.)

      Sec. 29-3b. Report on personnel projections for state police force. On or before January 15, 1994, and annually thereafter, the Commissioner of Public Safety shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and the Department of Public Safety relative to personnel projections for the state police force and shall inform such committees of the need to authorize a class for trooper trainees.

      (P.A. 93-348, S. 7, 8.)

      History: P.A. 93-348 effective July 1, 1993.

      Sec. 29-4. State police force. Criminal Intelligence Division and state-wide organized crime investigative task force. Motor patrol. On and after January 1, 2006, the Commissioner of Public Safety shall appoint and maintain a minimum of one thousand two hundred forty-eight sworn state police personnel to efficiently maintain the operation of the division. On or after June 6, 1990, the commissioner shall appoint from among such personnel not more than three lieutenant colonels who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of lieutenant colonel in the unclassified service may return to the classified service at such employee's former rank. The position of major in the classified service shall be abolished on July 1, 1999, but any existing position of major in the classified service may continue until termination of service. The commissioner shall appoint not more than seven majors who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of major in the unclassified service may return to the classified service at such permanent employee's former rank. The commissioner, subject to the provisions of chapter 67, shall appoint such numbers of captains, lieutenants, sergeants, detectives and corporals as the commissioner deems necessary to officer efficiently the state police force. The commissioner may appoint a Deputy State Fire Marshal who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of Deputy State Fire Marshal in the unclassified service may return to the classified service at such employee's former rank, class or grade, whichever is applicable. The commissioner shall establish such divisions as the commissioner deems necessary for effective operation of the state police force and consistent with budgetary allotments, a Criminal Intelligence Division and a state-wide organized crime investigative task force to be engaged throughout the state for the purpose of preventing and detecting any violation of the criminal law. The head of the Criminal Intelligence Division shall be of the rank of sergeant or above. The head of the state-wide organized crime investigative task force shall be a police officer. Salaries of the members of the Division of State Police within the Department of Public Safety shall be fixed by the Commissioner of Administrative Services as provided in section 4-40. Subsistence shall be maintained for state police personnel at the expense of the state, and said police personnel shall be reimbursed for all expenses incurred in the performance of official duty. Said police personnel may be promoted, demoted, suspended or removed by the commissioner, but no final dismissal from the service shall be ordered until a hearing has been had before said commissioner on charges preferred against such officer. Each state police officer shall, before entering upon such officer's duties, be sworn to the faithful performance of such duties. The Commissioner of Public Safety shall designate an adequate patrol force for motor patrol work exclusively.

      (1949 Rev., S. 3643; 1953, June, 1955, S. 1986d; 1957, P.A. 431, S. 1; 1961, P.A. 565, S. 1; 1963, P.A. 633, S. 2; February, 1965, P.A. 250; 290, S. 1; 1967, P.A. 127, S. 1; 440; 527; 1969, P.A. 587, S. 1; 1972, S.A. 53, S. 13; P.A. 73-374, S. 1, 2; 73-592, S. 1, 15; P.A. 77-614, S. 67, 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-201, S. 1, 4; P.A. 90-337, S. 2, 8; P.A. 92-130, S. 3, 10; P.A. 98-151; P.A. 99-163, S. 1, 9; June 30 Sp. Sess. P.A. 03-6, S. 174; P.A. 06-151, S. 4.)

      History: 1961 act provided for appointment of additional major in accordance with Sec. 29-58; 1963 act increased number of state policemen to be appointed from four hundred fifty to five hundred; 1965 acts authorized appointment of additional major from the detective division and increased number of policemen to be appointed to five hundred ninety; 1967 acts authorized creation of criminal intelligence division, required that lieutenant colonel be appointed as executive officer, authorized appointment of corporals, increased number of policemen to be appointed to six hundred sixty-five and specified that a captain will head the criminal intelligence division; 1969 act increased number of policemen to be appointed to seven hundred sixty-five; 1972 act increased number of policemen to be appointed to eight hundred and ten men; P.A. 73-374 replaced specific number of appointees with requirement that an adequate number be appointed to efficiently maintain department's operation, similarly replaced listing of required divisions and required numbers of police for motor patrol work with more general statements, deleted references to appointment of "detective sergeants", to specific majors, i.e. one appointed in accordance with Sec. 29-58 and one from detective division, and to motion picture inspectors and replaced references to policemen and policewomen with references to police personnel and officers; P.A. 73-592 reestablished criminal intelligence division, established state-wide organized crime investigative task force and specified who is qualified to head the division and task force; P.A. 77-614 and P.A. 78-303 replaced personnel policy board with commissioner of administrative services and, effective January 1, 1979, made state police department a division within the department of public safety and replaced state police commissioner with commissioner of public safety; P.A. 82-201 removed reference to appointment of task force head in accordance with Sec. 29-165, that section having been repealed by the same act; P.A. 90-337 required commissioner to appoint not more than two lieutenant colonels in unclassified service; permitted such lieutenant colonels to return to former rank in classified service; abolished position of lieutenant colonel in classified service on April 1, 1991, and required head of state-wide organized crime investigative task force to be police officer; P.A. 92-130 authorized commissioner to appoint a deputy state fire marshal in unclassified service and permitted such official to return to classified service at his former rank, class or grade, deleting provision authorizing commissioner to detail an officer as deputy fire marshal; P.A. 98-151 required the commissioner to appoint and maintain a minimum of one thousand two hundred forty eight sworn state police personnel by July 1, 2001; P.A. 99-163 deleted obsolete provision re abolition of position of lieutenant colonel, abolished the position of major in the classified service, and required the commissioner to appoint eight majors, who shall be in the unclassified service, effective July 1, 1999; June 30 Sp. Sess. P.A. 03-6 replaced "By July 1, 2001" with "On and after January 1, 2006" re minimum number of sworn personnel, effective August 20, 2003; P.A. 06-151 increased the number of permitted appointed lieutenant colonels from two to three and decreased the number of permitted appointed majors from eight to seven.

      See Sec. 5-246 re state police workweek.

      See Sec. 27-107 re state police on duty at Veterans' Home.

      See Sec. 29-291 re delegation of powers to state police in matters pertaining to fire hazards, fire prevention and fire safety.

      Cited. 166 C. 81.

      Cited. 6 Conn. Cir. Ct. 163.

      Sec. 29-4a. Death or disability from hypertension or heart disease. Compensation. Any condition of impairment of health caused by hypertension or heart disease resulting in total or partial disability or death to a member of the Division of State Police within the Department of Public Safety who successfully passed a physical examination on entry into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in the performance of his duty and shall be compensable in accordance with the provisions of section 5-142 for a period of three months. If, at the end of that period, the administrator of the state's workers' compensation claims wishes to contest whether the disability occurred in the actual performance of police duty as defined in subsection (a) of section 5-142, he shall notify the member of his decision. The member or the employee organization may then bring the matter before the workers' compensation commissioner of the appropriate district to determine if the disability is compensable under chapter 568 or subsection (a) of section 5-142. A member who has suffered such total or partial disability shall have the right to elect to receive either (1) the compensation indicated in section 5-142, or (2) the benefits produced under chapter 568 and the state employees retirement system, but not both. The provisions of subsection (a) of section 5-142 shall apply with regard to the timing of such election.

      (1959, P.A. 246, S. 1; P.A. 77-614, S. 486, 610; P.A. 85-510, S. 1, 35.)

      History: P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 85-510 added provisions re compensation for disability and deleted provision that nothing in this section shall be construed to affect the provisions of chapter 568.

      State police trooper employed by Department of Public Safety does not have an election of remedies as between Secs. 5-145a and 29-4a; rather, trooper must proceed under Sec. 29-4a. 70 CA 321.

      Sec. 29-5. Resident state policemen for towns without police force. The Commissioner of Public Safety may, within available appropriations, appoint suitable persons from the regular state police force as resident state policemen in addition to the regular state police force to be employed and empowered as state policemen in any town or two or more adjoining towns lacking an organized police force, and such officers may be detailed by said commissioner as resident state policemen for regular assignment to such towns, provided each town shall pay sixty per cent of the cost of compensation, maintenance and other expenses of the state policemen detailed to such town, and on and after July 1, 1992, each town shall pay seventy per cent of such cost and other expenses. Such town or towns and the Commissioner of Public Safety are authorized to enter into agreements and contracts for such police services, with the approval of the Attorney General, for periods not exceeding two years. The Commissioner of Public Safety shall exercise such supervision and direction over any resident policeman so appointed as he deems necessary, and each appointee shall be required to conform to the requirements of chapter 67. Each resident state policeman shall have the same powers as officers of the regular state police force and be entitled to the same rights and subject to the same rules and regulations as the Division of State Police within the Department of Public Safety.

      (1949 Rev., S. 3647; 1951, 1955, S. 1987d; 1957, P.A. 60; 1959, P.A. 361; 1961, P.A. 606; February, 1965, P.A. 290, S. 2; 1967, P.A. 544, S. 1; 1969, P.A. 602; P.A. 73-6, S. 1, 2; 73-416; P.A. 77-513; 77-614, S. 486, 610; P.A. 85-202; June Sp. Sess. P.A. 91-12, S. 49, 55; May Sp. Sess. P.A. 92-12, S. 8, 10; May Sp. Sess. P.A. 92-14, S. 10, 11.)

      History: 1959 act increased number of resident police to thirty; 1961 act to thirty-six; 1965 act increased maximum number of resident state policemen appointed from thirty-six to forty-six; 1967 act increased maximum number to fifty-five; 1969 act increased maximum number to sixty; P.A. 73-6 authorized contracting for police services "for periods not exceeding two years" where previously such contracts were specified as two-year periods without exception or allowance for lesser periods of time; P.A. 73-416 increased maximum number of resident state police to sixty-eight; P.A. 77-513 specified that town pay sixty per cent of resident state policemen's salaries rather than "an equitable share"; P.A. 77-614 made state police department a division within the department of public safety and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 85-202 deleted language limiting the maximum number of resident state policemen to sixty-eight and provided that appointments be made within available appropriations; June Sp. Sess. P.A. 91-12 increased town payments for resident state troopers from sixty per cent to seventy per cent of the state's cost beginning July 1, 1992; May Sp. Sess. P.A. 92-12 increased town's share of costs and other expenses of resident state policemen from seventy to seventy-five per cent; May Sp. Sess. P.A. 92-14 decreased town's share of costs and other expenses of resident state policemen from seventy-five to seventy per cent.

      Cited. 196 C. 623.

      Secs. 29-5a to 29-5e. Reserved for future use.

      Sec. 29-5f. Temporary promotions for commissioner's aide and Governor's chauffeur-bodyguard. Validation of previous promotions. Notwithstanding the provisions of chapter 67, the Commissioner of Public Safety, consistent with budgetary allotments, may (1) promote two state policemen to the rank of sergeant to serve in the position of commissioner's aide, and (2) upon the request of the Governor, promote two state policemen to the rank of sergeant to serve in the position of Governor's chauffeur-bodyguard. Such policemen appointed to the position of commissioner's aide shall retain the rank of sergeant after the commissioner's term of office expires or upon the commissioner's removal, resignation or failure to complete his term of office until such policemen have the opportunity to qualify at the examination given for the position of sergeant following the conclusion of such assignment. Such policemen appointed to the position of Governor's chauffeur-bodyguard shall serve at the pleasure of the Governor and shall retain the rank of sergeant upon conclusion of such assignment until such policemen have the opportunity to qualify at the examination given for the position of sergeant following the conclusion of such assignment. In the event any such policeman does not qualify for promotion to the rank of sergeant he shall return to his permanent civil service rank. Any such promotion of any state policeman by the Commissioner of Public Safety or by the Commissioner of State Police prior to November 1, 1990, is validated and such policeman shall retain the rank held during such assignment.

      (P.A. 83-46, S. 1, 2; P.A. 90-337, S. 5, 8; Nov. Sp. Sess. P.A. 94-2, S. 1, 2.)

      History: P.A. 90-337 amended (1) Subdiv. (1) to increase from one to two the number of state policemen promoted to sergeant to serve as commissioner's aide, and (2) provision re validation to change date from May 4, 1983, to November 1, 1990; Nov. Sp. Sess. P.A. 94-2 amended section to provide that any state policeman serving as commissioner's aide or governor's chauffeur-bodyguard who is promoted to sergeant in connection with such service shall retain the rank of sergeant after the commissioner ceases to hold office or after his assignment as governor's chauffeur-bodyguard concludes until he has an opportunity to qualify at the next sergeant's examination and if he fails to qualify for promotion to sergeant he shall return to his permanent civil service rank, effective December 13, 1994.

      Sec. 29-6. Uniforms and equipment. The entire state police force shall be uniformed and equipped with arms and motor vehicles in a manner prescribed by the commissioner; but it shall be within his discretion to dispense with the uniform in the performance of special duty.

      (1949 Rev., S. 3649.)

      Sec. 29-6a. Use of official hat and insignia of state police. (a) The Commissioner of Public Safety shall cause to be filed with the Secretary of the State a drawing or photograph and a worded description of the official hat and insignia to be worn by state policemen while on duty.

      (b) Thereafter no policeman shall wear or use in public such official hat or insignia, or any imitation, reproduction or facsimile thereof, except a duly appointed member of the Division of State Police within the Department of Public Safety authorized by the Commissioner of Public Safety to wear such hat or insignia.

      (c) Any person who violates the provisions of this section shall be fined not more than two hundred and fifty dollars.

      (1967, P.A. 594; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 made state police department a division within the department of public safety and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      Sec. 29-6b. Fire suppression systems for patrol cars. Not later than January 1, 2007, each vehicle purchased for use primarily as a patrol car by a state police officer shall be equipped with a manufacturer-installed fire suppression system. For purposes of this section, "fire suppression system" means a system that is integrated into the structure and electrical architecture of a vehicle and (1) uses sensors to measure post-impact vehicle movement to determine the optimal time to deploy chemicals designed to suppress the spread of fire or extinguish a fire resulting from a high-speed rear-end collision, and (2) may be activated both manually and automatically.

      (P.A. 04-133, S. 1; June Sp. Sess. P.A. 05-3, S. 49.)

      History: June Sp. Sess. P.A. 05-3 required each vehicle purchased for use primarily as a patrol car by a state police officer to be equipped with a fire suppression system not later than January 1, 2007, deleting reference to former date "on or after January 1, 2006", effective July 1, 2005.

      Sec. 29-7. Powers and duties of force. Barracks. The Division of State Police within the Department of Public Safety, upon its initiative, or when requested by any person, shall, whenever practical, assist in or assume the investigation, detection and prosecution of any criminal matter or alleged violation of law. All state policemen shall have, in any part of the state, the same powers with respect to criminal matters and the enforcement of the law relating thereto as policemen or constables have in their respective jurisdictions. Said commissioner shall devise and make effective a system of police patrols throughout the state, exclusive of cities and boroughs, for the purpose of preventing or detecting any violation of the criminal law or any law relating to motor vehicles and shall establish and maintain such barracks or substations as may prove necessary to accomplish such purpose.

      (1949 Rev., S. 3650; 1961, P.A. 517, S. 66; P.A. 77-614, S. 486, 610; P.A. 00-99, S. 73, 154.)

      History: 1961 act deleted reference to municipal courts; P.A. 77-614 made state police department a division within the department of public safety and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 00-99 deleted reference to sheriffs, effective December 1, 2000.

      See Sec. 7-282b re installation and connection of automatic calling devices.

      See Sec. 54-1f re authority of state police to make arrests without warrants.

      Cited. 196 C. 623. Cited. 197 C. 507. Cited. 202 C. 158. Cited. 227 C. 363.

      Presumption exists that commissioner used reasonable discretion in selecting particular radar unit. 6 Conn. Cir. Ct. 163.

      Sec. 29-7a. Establishment of sex crimes analysis unit. Section 29-7a is repealed, effective July 1, 1993.

      (P.A. 75-553, S. 1, 3; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 85-613, S. 67, 154; P.A. 93-340, S. 18, 19.)

      Sec. 29-7b. Division of Scientific Services. (a) There shall be within the Department of Public Safety a Division of Scientific Services. The Commissioner of Public Safety shall serve as administrative head of such division, and may delegate jurisdiction over the affairs of such division to a deputy commissioner.

      (b) The Division of Scientific Services shall provide technical assistance to law enforcement agencies in the various areas of scientific investigation. The division shall maintain facilities and services for the examination and analysis of evidentiary materials in areas including, but not limited to, chemistry, arson, firearms, questioned documents, microscopy, serology, toxicology, trace evidence, latent fingerprints, impressions and other similar technology. The facilities, services and personnel of the division shall be available, without charge, to the Office of the Chief Medical Examiner and all duly constituted prosecuting, police and investigating agencies of the state.

      (c) The Division of Scientific Services: (1) May investigate any physical evidence or evidentiary material related to a crime upon the request of any federal, state or local agency, (2) may conduct or assist in the scientific field investigation at the scene of a crime and provide other technical assistance and training in the various fields of scientific criminal investigation upon request, (3) shall assure the safe custody of evidence during examination, (4) shall forward a written report of the results of an examination of evidence to the agency submitting such evidence, (5) shall render expert court testimony when requested, and (6) shall conduct ongoing research in the areas of the forensic sciences. The Commissioner of Public Safety or a deputy commissioner designated by the commissioner shall be in charge of the Division of Scientific Services operations and shall establish and maintain a system of case priorities and a procedure for submission of evidence and evidentiary security.

      (d) In accordance with the provisions of sections 4-38d, 4-38e and 4-39, all powers and duties of the Department of Public Health under the provisions of sections 14-227a, 14-227c, 15-140u and 21a-283 shall be transferred to the Division of Scientific Services within the Department of Public Safety.

      (P.A. 83-66, S. 1, 2; P.A. 99-218, S. 1, 16.)

      History: P.A. 99-218 replaced former Subsec. (a) which had created the Forensic Science Laboratory with new provisions creating the Division of Scientific Services, made remaining part of former Subsec. (a) a new Subsec. (b), specified in Subsec. (b) that the division would be available without charge to certain agencies, redesignated former Subsec. (b) as Subsec. (c), provided in Subsec. (c) for the commissioner or a deputy commissioner to head the division, and added Subsec. (d) which specified the transfer of certain Department of Public Health powers and duties to the division, effective July 1, 1999.

      See Sec. 29-7h re duties concerning firearms evidence databank.

      See Secs. 54-102g to 54-102l, inclusive, re duties concerning DNA analysis and establishment and maintenance of DNA databank.

      Sec. 29-7c. Legalized gambling investigative unit. There is established a unit in the Division of State Police within the Department of Public Safety to be known as the legalized gambling investigative unit. The unit, in conjunction with the special policemen in the Division of Special Revenue, shall be responsible for (1) the criminal enforcement of the provisions of chapters 226 and 226b, and (2) the investigation, detection of and assistance in the prosecution of any criminal matter or alleged violation of criminal law with respect to legalized gambling, provided the legalized gambling investigative unit shall be the primary criminal enforcement agency. Nothing in this section shall limit the powers granted to persons appointed to act as special policemen in accordance with the provisions of section 29-18c.

      (P.A. 86-419, S. 23.)

      Secs. 29-7d to 29-7g. Reserved for future use.

      Sec. 29-7h. Firearms evidence databank. (a) As used in this section:

      (1) "Firearms evidence databank" means a computer-based system that scans a test fire and stores an image of such test fire in a manner suitable for retrieval and comparison to other test fires and to other evidence in a case;

      (2) "Handgun" means any firearm capable of firing rim-fire or center-fire ammunition and designed or built to be fired with one hand;

      (3) "Laboratory" means the Division of Scientific Services forensic science laboratory within the Department of Public Safety;

      (4) "Police department" means the Division of State Police within the Department of Public Safety or an organized local police department;

      (5) "Test fire" means discharged ammunition consisting of a cartridge case or a bullet or a fragment thereof, collected after a handgun is fired and containing sufficient microscopical characteristics to compare to other discharged ammunition or to determine the handgun from which the ammunition was fired.

      (b) (1) The Division of Scientific Services shall establish a firearms evidence databank. Test fire evidence submitted to the laboratory or collected from handguns submitted to the laboratory shall be entered into such databank in accordance with specific procedures adopted by the Commissioner of Public Safety, in the regulations adopted pursuant to subsection (f) of this section.

      (2) The firearms evidence databank may be used by laboratory personnel to (A) compare two or more cartridge cases, bullets or other projectiles submitted to the laboratory or produced at the laboratory from a handgun, or (B) upon the request of a police department as part of a criminal case investigation, verify by microscopic examination any resulting match, and shall produce a report stating the results of such a search.

      (3) Any image of a cartridge case, bullet or fragment thereof that is not matched by a search of the databank shall be stored in the databank for future searches.

      (4) The Division of Scientific Services may permit a firearms section of a police department that complies with all laboratory guidelines and regulations adopted by the commissioner pursuant to subsection (f) of this section regarding the operation of the firearms evidence databank to (A) collect test fires from handguns that come into the custody of the police department, (B) set up a remote terminal to enter test fire images directly into the databank, and (C) search the databank.

      (c) (1) Except as provided in subdivision (4) of subsection (b) of this section and subsection (d) of this section, a police department shall submit to the laboratory any handgun that comes into police custody as the result of a criminal investigation, as found property, or for destruction, prior to the return or the destruction of the handgun.

      (2) The laboratory shall collect a test fire from each submitted handgun within sixty days of submission. The laboratory shall label the test fire with the handgun manufacturer, type of weapon, serial number, date of the test fire and name of the person collecting the test fire.

      (d) (1) A police department shall collect a test fire from every handgun issued by that department to an employee not later than six months after October 1, 2001. On and after October 1, 2001, a police department shall collect a test fire from every handgun to be issued by that department before the handgun is so issued. Any police department may request the assistance of the Division of State Police or the laboratory to collect a test fire.

      (2) The police department shall seal the test fire in a tamper-evident manner and label the package with the handgun manufacturer, handgun type, serial number and the name of the person collecting the test fire. The police department shall submit the test fire and two intact cartridges of the same type of ammunition used for the test fire to the laboratory.

      (e) The laboratory may share the information in the firearms evidence databank with other law enforcement agencies, both within and outside the state, and may participate in a national firearms evidence databank program.

      (f) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.

      (P.A. 01-130, S. 10.)

      Secs. 29-7i to 29-7l. Reserved for future use.

      Sec. 29-7m. Record and classification of crimes motivated by bigotry or bias. (a) On and after July 1, 1988, the Division of State Police within the Department of Public Safety shall monitor, record and classify all crimes committed in the state which are motivated by bigotry or bias.

      (b) The police department, resident state trooper or constable who performs law enforcement duties for each town shall monitor, record and classify all crimes committed within such town which are violations of section 53a-181j, 53a-181k or 53a-181l and report such information to the Division of State Police within the Department of Public Safety.

      (P.A. 87-279, S. 1, 3; P.A. 97-18; P.A. 00-72, S. 8.)

      History: P.A. 97-18 designated existing provisions as Subsec. (a), amended said Subsec. (a) to make a technical change and added Subsec. (b) to require local law enforcement agencies to monitor, record and classify all violations of Sec. 53a-181b and report such information to the Division of State Police; P.A. 00-72 amended Subsec. (b) to replace reference to "section 53a-181b" with reference to "section 53a-181j, 53a-181k or 53a-181l".

      Sec. 29-7n. Record and classification of gang-related crimes. (a) For the purposes of sections 7-294l and 7-294x, subsection (a) of section 10-16b, subsection (b) of this section and sections 3 and 8 of public act 93-416*, "gang" means a group of juveniles or youths who, acting in concert with each other, or with adults, engage in illegal activities.

      (b) On and after July 1, 1994, the Division of State Police within the Department of Public Safety shall monitor, record and classify all crimes committed in the state which are gang-related in accordance with the provisions of section 29-1c.

      (P.A. 93-416, S. 1, 2, 10; P.A. 06-196, S. 158.)

      *Note: Sections 3 and 8 of public act 93-416 are special in nature and therefore have not been codified but remain in full force and effect according to their terms.

      History: P.A. 93-416 effective June 29, 1993; P.A. 06-196 made a technical change in Subsec. (a), effective June 7, 2006.

      Sec. 29-8. Riots. Immunities. In case of riot or civil commotion in any part of the state, the Division of State Police within the Department of Public Safety, on order of the Governor, shall use its best efforts to suppress the same. In the event of such participation by the Division of State Police in the suppression of any riot or similar disorder, the same immunities and privileges as apply to the organized militia shall apply to the members of said division.

      (1949 Rev., S. 3651; 1971, P.A. 871, S. 108; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136.)

      History: 1971 act deleted requirement that "preliminary warning as prescribed in section 53-169" be given to persons "assembled against the peace" before police suppress riot or civil commotion; P.A. 77-614 and P.A. 78-303 made state police department a division within the department of public safety, effective January 1, 1979.

      See Sec. 27-60 re limited liability and immunity from arrest of militia.

      Sec. 29-8a. Indemnification of state police, State Capitol police and certain special police in civil rights actions. Fees and costs. (a) The state shall protect and save harmless any state policeman from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of the alleged deprivation by such state policeman of any person's civil rights, which deprivation was not wanton, reckless or malicious, provided such state policeman, at the time of the acts resulting in such alleged deprivation, was acting in the discharge of his duties or within the scope of his employment or under the direction of a superior officer.

      (b) Legal fees and costs incurred as a result of the retention, by any state policeman, of an attorney to represent his interests in any action referred to in subsection (a) of this section shall be borne by the state only in those cases in which (1) such state policeman is ultimately found not to have acted in a wanton, reckless or malicious manner or (2) no punitive damages are ultimately assessed against such state policeman.

      (c) As used in this section, state policeman includes a member of the Office of State Capitol Police or any person appointed under section 29-18 as a special policeman for the State Capitol building and grounds, the Legislative Office Building and parking garage and related structures and facilities, and other areas under the supervision and control of the Joint Committee on Legislative Management.

      (P.A. 73-617, S. 1; P.A. 80-33, S. 1, 3; P.A. 81-450, S. 1; P.A. 84-48, S. 15, 17; P.A. 89-82, S. 9, 11; P.A. 96-219, S. 8.)

      History: P.A. 80-33 added Subsec. (c) to specify that provisions are applicable to capitol security officers and special policemen for state capitol building and grounds; P.A. 81-450 deleted provision in Subsec. (b) allowing state's payment of policeman's legal fees and costs when attorney general has recommended that policeman obtain attorney's services in cases where attorney general is of the opinion that state's interests differ from those of policeman and added provision whereby state pays for legal costs if no punitive damages are assessed against policeman; P.A. 84-48 inserted reference to special policemen for other areas under the supervision and control of the joint committee on legislative management; P.A. 89-82 expanded reference in Subsec. (c) to state capitol building and grounds to include legislative office building and parking garage and related structures and facilities; P.A. 96-219 amended Subsec. (c) by changing the name of the "Office of Capitol Security" to the "Office of State Capitol Police".

      Sec. 29-9. Acceptance or offering of gifts or rewards by or to state or local police. (a) Any state police officer appointed as provided in section 29-4, any police officer of any city, town or borough and any person having the power of arrest who, directly or indirectly, receives a reward, gift or gratuity for the purpose of influencing his behavior in office, or any person who gives, offers or promises to a police officer or any person having the power of arrest any reward, gift or gratuity with the intent to influence his behavior in office, shall be fined not more than one hundred dollars or imprisoned not more than six months or both, and the police officer shall be dishonorably discharged from the Division of State Police or from the police department.

      (b) The provisions of subsection (a) of this section shall not apply to rewards, gifts or gratuities which are approved by the Commissioner of Public Safety, or the police chief or board of police commissioners, as the case may be, and are given to the police officer on account of his official services.

      (1949 Rev., S. 3648; 1967, P.A. 409, S. 1; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 05-288, S. 127.)

      History: 1967 act extended applicability of provisions to include police officers of cities, towns or boroughs and to all persons having power to make arrests and to persons who offer, give or promise rewards, gifts or gratuities with intent to influence an officer's behavior, moved commissioner's power to approve rewards, gifts or gratuities to new Subsec. (b) and extended that power to police chiefs and boards of police commissioners; P.A. 77-614 and P.A. 78-303 made state police department a division within the department of public safety and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005.

      Cited. 172 C. 458. Offense of offering a gratuity requires element of proof, specific intent, which is not needed to prove greater offense of bribery. Id. This section not a lesser included offense to Sec. 53a-147, and acceptance of guilty plea to this section was a nullity. Id., 608. Offense under this section is not a lesser included offense within Sec. 53a-148. 201 C. 379. Cited. 208 C. 411. Cited. 229 C. 479.

      Statute is not a lesser included offense of Sec. 53a-148. 5 CA 125.

      Sec. 29-10. Commissioner may delegate authority. Any person may, and any policeman, with the consent of the authority to which he is subject, shall, go to any part of the state when required by the Commissioner of Public Safety, and, while so acting under the authority of the commissioner, shall have all the powers conferred on state policemen and shall be paid such sum as is fixed by said commissioner.

      (1949 Rev., S. 3652; P.A. 77-614, S. 486, 610; P.A. 00-99, S. 74, 154.)

      History: P.A. 77-614 replaced state police commissioner with commissioner of public safety, effective January 1, 1979; P.A. 00-99 deleted reference to deputy sheriff, effective December 1, 2000.

      Sec. 29-10a. Use of state police rifle ranges by civilian rifle clubs. Civilian rifle clubs affiliated with the National Rifle Association of the United States and members of organized police departments may be permitted to use the outdoor and indoor rifle and pistol ranges belonging to, or under the control of, the Division of State Police within the Department of Public Safety for practice with small arms in accordance with such regulations as the Commissioner of Public Safety may prescribe, provided such use of any rifle or pistol range shall at no time interfere with the instruction or practice of members of the Division of State Police.

      (1967, P.A. 443; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136.)

      History: P.A. 77-614 and P.A. 78-303 made state police department a division within the department of public safety and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      Sec. 29-10b. Fees for searches and copies. The Commissioner of Public Safety shall charge the following fees for the item or service indicated:

      (1) Each search of the record files made pursuant to a request for a copy of an accident or investigative report which results in no document being produced, six dollars, and on and after July 1, 1993, eight dollars.

      (2) Each copy of an accident or investigative report, six dollars, and on and after July 1, 1993, eight dollars.

      (May Sp. Sess. P.A. 92-6, S. 56, 117.)

      Sec. 29-10c. Accident records of state police. Any memorandum, sketch, chart, written statement, report or photograph obtained, prepared or created by the Division of State Police within the Department of Public Safety in the investigation of any accident wherein any person has been injured or property damaged shall be preserved and retained for a period of at least ten years from the date of such accident. Subsequent to the final disposition of any criminal action arising out of an accident, the records hereinbefore specified and the information contained therein shall be open to public inspection, except that such records shall be available to any person involved in the accident subsequent to the issuance of a warrant or summons in such action.

      (P.A. 97-12.)

      Sec. 29-11. State Police Bureau of Identification. Fees. (a) The bureau in the Division of State Police within the Department of Public Safety known as the State Police Bureau of Identification shall be maintained for the purposes (1) of providing an authentic record of each person sixteen years of age or over who is charged with the commission of any crime involving moral turpitude, (2) of providing definite information relative to the identity of each person so arrested, (3) of providing a record of the final judgment of the court resulting from such arrest, unless such record has been erased pursuant to section 54-142a, and (4) for maintaining a central repository of complete criminal history record disposition information. The Commissioner of Public Safety is directed to maintain the State Police Bureau of Identification, which bureau shall receive, classify and file in an orderly manner all fingerprints, pictures and descriptions, including previous criminal records as far as known of all persons so arrested, and shall classify and file in a like manner all identification material and records received from the government of the United States and from the various state governments and subdivisions thereof, and shall cooperate with such governmental units in the exchange of information relative to criminals. The State Police Bureau of Identification shall accept fingerprints of applicants for admission to the bar of the state and, to the extent permitted by federal law, shall exchange state, multistate and federal criminal history records with the State Bar Examining Committee for purposes of investigation of the qualifications of any applicant for admission as an attorney under section 51-80. The record of all arrests reported to the bureau after March 16, 1976, shall contain information of any disposition within ninety days after the disposition has occurred.

      (b) Any cost incurred by the State Police Bureau of Identification in conducting any name search and fingerprinting of applicants for admission to the bar of the state shall be paid from fees collected by the State Bar Examining Committee.

      (c) The Commissioner of Public Safety shall charge the following fees for the service indicated: (1) Name search, eighteen dollars; (2) fingerprint search, twenty-five dollars; (3) personal record search, twenty-five dollars; (4) letters of good conduct search, twenty-five dollars; (5) bar association search, twenty-five dollars; (6) fingerprinting, five dollars; (7) criminal history record information search, twenty-five dollars. Except as provided in subsection (b) of this section, the provisions of this subsection shall not apply to any federal, state or municipal agency.

      (1949 Rev., S. 3653; P.A. 76-333, S. 1; P.A. 77-614, S. 486, 610; P.A. 78-200, S. 3; P.A. 90-151, S. 1, 3; May Sp. Sess. P.A. 92-6, S. 55, 117; P.A. 94-117, S. 3; P.A. 98-170.)

      History: P.A. 76-333 added word "police" in references to "state police bureau of identification"; P.A. 77-614 made state police department a division within the department of public safety and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 78-200 set off purposes for maintaining identification bureau with Subdiv. indicators, substituted "sixteen years of age or over" for "over sixteen years of age" in Subdiv. (1), added reference to erasure of records in Subdiv. (3), added new Subdiv. (4) re central repository of criminal history record disposition information and required that arrest records contain disposition information within ninety days of disposition after March 16, 1976; P.A. 90-151 added provisions re acceptance of fingerprints of applicants for admission to the bar and exchange of criminal history records with the bar examining committee; May Sp. Sess. P.A. 92-6 added new Subsec. (c) to establish fees for name search, fingerprint search, personal record search, letters of good conduct, bar association search and fingerprinting; P.A. 94-117 amended Subsec. (c) by adding fee of fifteen dollars for criminal history record search and ten dollars for each copy of a search; P.A. 98-170 amended Subsec. (c) by increasing the fee for a name search to eighteen dollars and the fees for a fingerprint search, personal record search, letters of good conduct search, bar association search or criminal history record information search to twenty-five dollars and by deleting fee for copies of searches.

      Cited. 196 C. 430.

      Cited. 40 CA 705; judgment reversed, see 240 C. 590.

      Subsec. (c):

      Since request for digital copy of information for every adult in data base of Department of Correction not a request for criminal history information under statute, fee for information established under Sec. 1-211(a). 261 C. 86.

      Sec. 29-11a. State police to report arrests to Bureau of Identification. Any state police officer who makes an arrest of a person shall, without delay, report the record of such arrest to the State Police Bureau of Identification. For the purposes of this section, "record of such arrest" means the name and address of the person arrested, the date, time and place of the arrest and the offense for which the person was arrested.

      (P.A. 83-272, S. 2.)

      Sec. 29-12. Fingerprints, photograph and physical description of arrested persons. Regulations. (a) All persons arrested for crime as described in section 29-11 shall submit to the taking of their fingerprints, photograph and physical description and all constables and chiefs of police of organized police departments and the commanding officers of state police stations shall immediately furnish to the State Police Bureau of Identification two copies of a standard identification card on which shall be imprinted fingerprints of each person so arrested, together with the physical description of, and such information as said bureau may require with respect to, such arrested person. In the event fingerprint or photographic images of arrested persons are captured by electronic means, the captured electronic images shall be immediately transmitted to said bureau. Any electronic imaging equipment used to capture such fingerprint or photographic images shall be approved by the Commissioner of Public Safety or said commissioner's designee.

      (b) All wardens of correctional institutions and the Community Correctional Center Administrator shall furnish to the State Police Bureau of Identification such information with respect to prisoners as said bureau requires.

      (c) The Commissioner of Public Safety may adopt regulations, in accordance with chapter 54, for the submission to and the taking of fingerprints as required under this section which will promote efficiency and be consistent with advances in automation and technology.

      (1949 Rev., S. 3654; 1969, P.A. 297; P.A. 76-333, S. 2; P.A. 78-200, S. 4; 78-303, S. 85, 136; P.A. 87-282, S. 18; P.A. 00-99, S. 75, 154; P.A. 05-52, S. 1; P.A. 06-111, S. 1.)

      History: 1969 act replaced jails with community correctional centers; P.A. 76-333 added word "police" in reference to "state police bureau of identification"; P.A. 78-200 authorized state police commissioner to adopt regulations re fingerprinting; P.A. 78-303 allowed substitution of commissioner of public safety for commissioner of state police in keeping with changes enacted by P.A. 77-614; P.A. 87-282 deleted reference to "superintendents of correctional institutions"; P.A. 00-99 deleted reference to sheriffs, effective December 1, 2000; P.A. 05-52 divided section into Subsecs. (a) to (c), inserting in Subsec. (a) requirement that arrested persons submit to taking of photograph and provisions re fingerprint or photographic images of arrested persons captured by electronic means and re approval of electronic imaging equipment used therefor, and in Subsec. (c) requirement that regulations be adopted in accordance with chapter 54; P.A. 06-111 deleted photograph requirement for identification cards in Subsec. (a), effective June 2, 2006.

      Cited. 196 C. 430.

      Sec. 29-12a. Maintenance of fingerprints in electronic format. Destruction of paper copy. (a) The State Police Bureau of Identification may maintain the fingerprints of arrested persons received pursuant to section 29-12 and of persons who have submitted fingerprints in connection with a criminal history records check pursuant to section 29-17a in an electronic format in lieu of a paper format.

      (b) Whenever the bureau converts fingerprints contained in its files from a paper format to an electronic format, it may destroy the paper copy of such fingerprints.

      (P.A. 06-111, S. 2; 06-187, S. 43.)

      History: P.A. 06-111 and 06-187 both contained identical provisions, effective July 1, 2006.

      Sec. 29-13. Notice of judgments. When the criminal charge against a person who has been arrested and fingerprinted in accordance with the provisions of this chapter is disposed of in any court, the clerk of such court shall, within three days, notify the State Police Bureau of Identification of the judgment of the court on printed forms provided by said bureau.

      (1949 Rev., S. 3655; 1959, P.A. 28, S. 62; P.A. 76-333, S. 3.)

      History: 1959 act removed references to trial justices; P.A. 76-333 added word "police" in reference to "state police bureau of identification".

      Sec. 29-14. Duties of bureau. Said bureau shall, on the receipt of any such identification card, immediately cause the files to be examined and shall promptly return to the police department or peace officer submitting such identification card a true transcript of the record of previous crimes committed by the person described on each such identification card, and said bureau shall assist police and prosecuting officials in the preparation and distribution of circulars relative to fugitives when so requested. When an arrest is made by an officer of a police department or other peace officer who is not equipped with necessary paraphernalia or skilled in the art of taking fingerprints and proper descriptions of criminals, he may call on the State Police Bureau of Identification or on the nearest state police station for assistance and any officer or officers so called shall render such assistance immediately.

      (1949 Rev., S. 3656; P.A. 76-333, S. 4.)

      History: P.A. 76-333 added word "police" in reference to "state police bureau of identification".

      Sec. 29-15. Return or destruction of fingerprints, photograph and physical description. (a)(1) Except as provided in subdivision (2) of this subsection, whenever any person, having no record of prior criminal conviction, whose fingerprints, photograph and physical description are so filed has been found not guilty of the offense charged, or has had such charge dismissed or nolled, such person's fingerprints, photograph and physical description and other identification data and all copies and duplicates thereof, shall, be returned to such person not later than sixty days after the finding of not guilty or after such dismissal or in the case of a nolle within sixty days after thirteen months of such nolle.

      (2) Whenever any person, having no record of prior criminal conviction, whose fingerprints, photograph and physical description and other identification data has been filed and stored in an electronic format, has been found not guilty of the offense charged, or has had such charge dismissed or nolled, such electronically stored images and data shall be permanently deleted and any paper copy of such fingerprints, photograph and physical description and other identification data, and all copies and duplicates thereof, shall be destroyed not later than sixty days after the finding of not guilty or after such dismissal or in the case of a nolle within sixty days after thirteen months of such nolle.

      (b) Any person having no record of prior criminal conviction whose fingerprints and pictures are so filed, who has been found not guilty of the offense charged or has had such charge dismissed or nolled prior to October 1, 1974, may, upon application to the person charged with the retention and control of such identification data at the State Police Bureau of Identification, have his fingerprints, pictures and description and other identification data and all copies and duplicates thereof, returned to him not later than sixty days after the filing of such application provided in the case of a nolle, such nolle shall have occurred thirteen months prior to filing of such application.

      (1949 Rev., S. 3657; 1949, S. 1988d; P.A. 74-163, S. 4; P.A. 75-567, S. 72, 80; P.A. 78-200, S. 5; P.A. 06-111, S. 3.)

      History: P.A. 74-163 rephrased previous provisions for clarity, adding reference to dismissed charges and added Subsec. (b); P.A. 75-567 made technical change, adding "when" after date in Subsec. (a); P.A. 78-200 substituted persons "charged with retention and control of such identification data" at bureau of identification for clerk of the court; P.A. 06-111 amended Subsec. (a) to designate existing provisions as Subdiv. (1) and replace "pictures" with "photograph", add references to "physical description" and make technical changes therein, and to add new provision re electronic storage as Subdiv. (2), effective July 1, 2006.

      Fingerprints, pictures and descriptions and other identification data regulated by this statute are not among records whose disclosure is governed by Sec. 54-142a. 192 C. 488. Cited. 237 C. 501.

      Sec. 29-16. Use of information. Conviction information, as defined in subsection (c) of section 54-142g, contained in the files of the State Police Bureau of Identification, shall be available to the public in accordance with the provisions of section 54-142k. All information contained in the files of the State Police Bureau of Identification relative to criminal records and personal history of persons convicted of crime shall be available at all times to all peace officers engaged in the detection of crime, to all prosecuting officials and probation officers for the purpose of furthering the ends of public justice and to the State Bar Examining Committee for the purpose of ensuring that those individuals admitted to the practice of law are of the highest quality.

      (1949 Rev., S. 3658; P.A. 76-333, S. 5; P.A. 85-121; P.A. 94-117, S. 1.)

      History: P.A. 76-333 added word "police" in references to "state police bureau of identification"; P.A. 85-121 made criminal record history information available to state bar examining committee; P.A. 94-117 amended section by deleting "Information" and substituting "Conviction information, as defined in subsection (c) of section 54-142g," removing provision re privileged information available only through court order and inserted provision that conviction information shall be available to public in accordance with Sec. 54-142k.

      Sec. 29-17. Penalty. Any person who neglects or refuses to comply with the requirements of sections 29-11 to 29-16, inclusive, shall be fined not more than one hundred dollars.

      (1949 Rev., S. 3659.)

      Cited. 196 C. 430.

      Cited. 1 CA 697.

      Sec. 29-17a. Criminal history records checks. Procedure. Fees. (a) If a criminal history records check is required pursuant to any provision of the general statutes, such check shall be requested from the State Police Bureau of Identification and shall be applicable to the individual identified in the request. The requesting party shall arrange for the fingerprinting of the individual or for conducting any other method of positive identification required by the State Police Bureau of Identification and, if a national criminal history records check is requested, by the Federal Bureau of Investigation. The fingerprints or other positive identifying information shall be forwarded to the State Police Bureau of Identification which shall conduct a state criminal history records check. If a national criminal history records check is requested, the State Police Bureau of Identification shall submit the fingerprints or other positive identifying information to the Federal Bureau of Investigation for a national criminal history records check, unless the Federal Bureau of Investigation permits direct submission of the fingerprints or other positive identifying information by the requesting party.

      (b) The Commissioner of Public Safety may charge fees for conducting criminal history background checks as follows:

      (1) Except as provided in subdivision (2) of this subsection, for a person requesting (A) a state criminal history records check, the fee charged by the Department of Public Safety for performing such check, and (B) a national criminal history records check, the fee charged by the Federal Bureau of Investigation for performing such check.

      (2) For a state agency requesting a national criminal history records check of a person, the fee charged by the Federal Bureau of Investigation for performing such check. The state agency shall reimburse the Department of Public Safety for such cost. Unless otherwise provided by the provision of the general statutes requiring the criminal history records check, the state agency may charge the person a fee equal to the amount paid by the state agency under this subdivision.

      (c) The Commissioner of Public Safety may provide an expedited service for persons requesting criminal history records checks in accordance with this section. Such expedited service shall include making the results of such records checks available to the requesting party through the Internet. The commissioner may enter into a contract with any person, firm or corporation to establish and administer such expedited service. The commissioner shall charge, in addition to the fees charged pursuant to subsection (b) of this section, a fee of twenty-five dollars for each expedited criminal history record check provided. The fee charged pursuant to subsection (b) of this section and the expedited service fee charged pursuant to this subsection shall be paid by the requesting party in such manner as may be required by the commissioner.

      (P.A. 01-175, S. 31, 32; P.A. 05-267, S. 1.)

      History: P.A. 01-175 effective July 1, 2001; P.A. 05-267 added Subsec. (c) re expedited service.

      See Secs. 10-221d, 12-559, 12-578, 12-586f, 12-586g, 12-815a, 14-44, 17a-151, 17b-749k, 17b-750, 18-81l, 19a-80, 19a-87b, 19a-491b, 21-40, 21-100, 22a-6m, 29-29, 29-36g, 29-145, 29-152f, 29-155, 29-156a, 29-349, and 38a-660 re using criminal history records checks in accordance with Sec. 29-17a.

      See Sec. 17a-6a re criminal history records checks for applicants for positions with the Department of Children and Families.

      See Sec. 17a-114 re criminal history records checks for persons sixteen years of age or older living in household of child placement applicant.

      Sec. 29-17b. Criminal history records checks of coaches in police-sponsored athletic activities. Department of Public Safety shall perform state and national criminal history records checks at the request of any sworn police officer with respect to any coach involved in a police-sponsored athletic activity where such coach will be in direct contact with children under eighteen years of age. The Department of Public Safety shall charge the sponsoring organization fees for conducting such criminal history records checks as provided in subdivision (1) of subsection (b) of section 29-17a.

      (P.A. 03-203, S. 4.)

      Sec. 29-18. Special policemen for state property. The Commissioner of Public Safety may appoint one or more persons nominated by the administrative authority of any state buildings or lands including, but not limited to, state owned and managed housing facilities, to act as special policemen in such buildings and upon such lands. Each such special policeman shall be sworn and may arrest and present before a competent authority any person for any offense committed within his precinct.

      (1949 Rev., S. 3660; 1969, P.A. 468; P.A. 77-614, S. 486, 610.)

      History: 1969 act specifically included state-owned and managed housing facilities as eligible to be served by special policemen; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      See Sec. 4b-13(a) re enforcement of regulations concerning state-owned parking areas by special policemen.

      See Sec. 29-8a re indemnification of state policemen and State Capitol police in civil rights actions.

      See Sec. 53-39a re indemnification of state police and State Capitol police in cases where criminal charge is dismissed.

      University police have all the powers of state policemen and are entitled to all the protections afforded such policemen. 166 C. 81.

      Determination of whether special policeman under this section is considered a "policeman" for purposes of Sec. 31-275(1)(A) depends on facts in case. 60 CA 707.

      Sec. 29-18a. Special policemen for investigating public assistance fraud. Appointment, powers and duties. The Commissioner of Public Safety may appoint one or more persons to act as special policemen in the Department of Public Safety, for the purpose of investigating public assistance fraud relating to the beneficiaries of public assistance in this state. Such appointees, having been sworn, shall serve at the pleasure of the Commissioner of Public Safety and, during such tenure, shall have all the powers conferred on state policemen. They shall, in addition to their duties concerning public assistance cases, be subject to the call of the Commissioner of Public Safety for such emergency service as he may prescribe.

      (1971, P.A. 6, S. 1; P.A. 76-334, S. 11, 12; P.A. 77-614, S. 129, 610; P.A. 78-303, S. 125, 136; P.A. 00-99, S. 76, 154.)

      History: P.A. 76-334 specified that special policemen in division of central collections, department of finance and control have powers of sheriffs and their deputies; P.A. 77-614 replaced commissioner and department of finance and control with commissioner and department of administrative services, deleting reference to central collections division of the defunct department; P.A. 78-303 deleted references to commissioner and department of administrative services, substituted commissioner of public safety for commissioner of state police pursuant to changes enacted in P.A. 77-614, specified that remaining reference to "department" refers to department of public safety and specified duties of special policemen; P.A. 00-99 deleted reference to sheriffs and their deputies, effective December 1, 2000.

      Sec. 29-18b. Special policemen for Department of Revenue Services. The Commissioner of Public Safety may appoint persons nominated by the Commissioner of Revenue Services to act as special policemen in the special investigation section of the Department of Revenue Services. Such appointees shall serve at the pleasure of the Commissioner of Public Safety and, during such tenure, shall have all the powers conferred on state policemen. They shall, in addition to their duties with said special investigation section, be subject to call by the Commissioner of Public Safety for such emergency service as said commissioner may prescribe.

      (P.A. 75-581, S. 1; P.A. 77-614, S. 139, 486, 610.)

      History: P.A. 77-614 replaced tax commissioner and department with commissioner and department of revenue services, and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      Sec. 29-18c. Special policemen for Division of Special Revenue. The Commissioner of Public Safety may appoint not more than four persons employed as investigators in the security unit of the Division of Special Revenue, upon the nomination of the executive director of the Division of Special Revenue, to act as special policemen in said unit. Such appointees shall serve at the pleasure of the Commissioner of Public Safety. During such tenure, they shall have all the powers conferred on state policemen while investigating or making arrests for any offense arising from the operation of any off-track betting system or the conduct of any lottery game. Such special policemen shall be certified under the provisions of sections 7-294a to 7-294e, inclusive.

      (P.A. 84-457, S. 1, 3.)

      See Sec. 12-564a re reporting of investigations and arrest data.

      Sec. 29-19. Special policemen for utility and transportation companies. (a) The Commissioner of Public Safety may, upon the application of any electric, gas, telephone, telegraph or water company owning, leasing, maintaining, managing or controlling any property, plant or equipment in this state, commission, during his pleasure, one or more persons designated by such company who, having been sworn, may act at the expense of such company as policemen upon the premises used or occupied by such company in its business, or upon any highway adjacent to such premises, for the proper protection of such plant or property, and each policeman so appointed may arrest and take before some proper authority any person in his precinct for any offense committed therein. Said commissioner may exercise such supervision and direction over any policeman appointed as herein provided as he deems necessary. When any such commission is issued or revoked, said commissioner shall notify the clerk of the superior court for each judicial district in which it is intended that such policeman shall act.

      (b) Said commissioner may, upon application of any railroad, express company or steamboat company, engaged in the business of transportation in this state, or upon the application of any corporation owning or having control of the roads in any private residence park, commission, during his pleasure, one or more persons designated by such company or by such corporation, who, having been sworn, may act, at the expense of such company or corporation, as policemen upon the premises used by such company in its business, or upon its cars or vessels, or upon the roads and land owned by or under the control of such corporation, and each policeman so appointed may arrest and take before some proper authority any person in his precinct for any offense committed therein. When any such commission is issued or revoked, said commissioner shall notify the clerk of the superior court for each judicial district in which it is intended that such policeman shall act. Each such policeman shall, when on duty, wear in plain view a shield bearing the words "railroad police", "steamboat police", "express company police" or "special police", as the case may be, and the name of the company for which he is commissioned.

      (1949 Rev., S. 3661; 1963, P.A. 153; P.A. 77-614, S. 486, 610; P.A. 78-280, S. 2, 127; P.A. 85-246, S. 18.)

      History: 1963 act authorized appointment of express company police in Subsec. (b); P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 78-280 substituted "judicial district" for "county"; P.A. 85-246 deleted reference to street railway companies and street railway police in Subsec. (b).

      See Sec. 25-44 re appointment of special police for protection of water supplies.

      Sec. 29-20. Special policemen for armored cars. The Commissioner of Public Safety may, upon the application of any person, firm or corporation operating an armored car service within this state, commission during his pleasure one or more suitable persons, designated by such armored car operator, who regularly transport securities across state lines and who, having been sworn, may act at the expense of such armored car operator as policemen upon the premises used or occupied by such armored car operator in its business or in or upon armored car vehicles or upon any highway adjacent to such premises for the proper protection of such property and such armored car vehicles and their contents.

      (1949 Rev., S. 3662; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      Sec. 29-21. Special policemen for war industry premises. Upon the application of any person, firm or corporation engaged in the production of war materials owning, leasing, maintaining, managing or controlling any property, plant or equipment in this state, the Commissioner of Public Safety may, during his pleasure and for such period as is declared by the Governor to be a war emergency or an emergency that affects the interests of state and national defense, commission one or more suitable persons designated by such person, firm or corporation, who, having been sworn, may act at the expense of such person, firm or corporation as special policemen upon the premises used or occupied by such person, firm or corporation in its business, or with the approval of the chief executive officer of the police department of the municipality in which such premises are located, upon any highway adjacent to such premises, for the protection of such plant or property. Each special policeman so appointed may be armed while on duty upon such premises and may arrest and take before some proper authority any person in his precinct for any offense committed therein. Said commissioner may exercise such supervision and direction over any policeman so appointed as he deems necessary, and he may, for such purpose, enter upon the premises used or occupied by such person, firm or corporation in its business. When any such commission is issued or revoked, said commissioner shall notify the clerk of the superior court for each judicial district in which such policeman acts. Each such policeman shall, when on duty, wear in plain view a shield bearing the words "special police" and the name of the person, firm or corporation for which he is commissioned.

      (1951, S. 1992d; P.A. 77-614, S. 486, 610; P.A. 78-280, S. 2, 127.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 78-280 substituted "judicial district" for "county".

      Sec. 29-22. Volunteer auxiliary force. The Commissioner of Public Safety is authorized to recruit, train and organize a volunteer police auxiliary force for the purpose of providing emergency services throughout the state for peacetime or wartime emergencies or threatened emergencies and for augmenting the state police force in such manner as the Commissioner of Public Safety may deem appropriate. Such volunteer police auxiliary force shall at all times be under the direction of said commissioner and subject to the rules and regulations of the Division of State Police within the Department of Public Safety. The total membership of the auxiliary force shall not exceed in number twice the authorized strength prescribed in section 29-4 for the state police, and such auxiliary force may be equipped with uniforms prescribed by the commissioner and delegated special police powers for specific emergency police duties. The commissioner may, within available appropriations, provide subsistence and maintenance to the volunteer police auxiliary force when called to duty. In the event of participation in emergency services, the members of the volunteer police auxiliary force shall have the same immunities and privileges as apply to the organized militia and to the regular members of the Division of State Police. All members of the volunteer police auxiliary force shall be compensated for death, disability or injury incurred while in training for or on auxiliary state police duty under the provisions of this section as follows: (1) Employees of the state, municipalities or political subdivisions of the state who are members of the volunteer police auxiliary force and for whom such compensation is provided by any provision of existing law shall be construed to be acting within the scope of their employment while in training for or engaged in auxiliary state police duty and shall be compensated in accordance with the provisions of chapter 568 and sections 5-142 and 5-144. (2) Any persons who are engaged in regular employment apart and separate from their duties as members of the volunteer police auxiliary force and for whom such compensation is not so provided shall, while in training for or engaged in duties under the provisions of this section, be construed to be employees of the state for the purpose of chapter 568 and sections 5-142 and 5-144, and shall be compensated by the state in accordance with the provisions of said chapter and sections.

      (1951, S. 1990d; 1963, P.A. 618; P.A. 77-614, S. 486, 610; P.A. 96-230, S. 1, 3.)

      History: 1963 act clarified provisions, authorized use of auxiliary force for "peace time or war time emergencies or threatened emergencies and for augmenting the state police force ..." where previously its use was for "disasters caused by fires, explosions or floods and for such threatened disasters" and added references to compensation under Secs. 5-142 and 5-144; P.A. 77-614 made state police department a division within the department of public safety and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 96-230 made technical change, specifying that aid to volunteer police auxiliary forces be "within available appropriations", effective July 1, 1996.

      Sec. 29-23. Emergency service and equipment. The Commissioner of Public Safety is authorized to provide and maintain appropriate emergency equipment and emergency services to protect life and property endangered by fire, explosions, floods and other causes, except in municipalities having established police and fire departments, provided municipalities having established police and fire departments may request the aid and assistance of such state police emergency services in the protection of life and property endangered by fires, explosions, floods and other disaster causes.

      (1951, S. 1989d; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      Sec. 29-23a. Establishment of rotational system for summoning wreckers. Exemptions. Regulations. (a) The Division of State Police within the Department of Public Safety may establish within its patrol jurisdiction, a rotational system for summoning licensed wrecker operators for the purpose of towing or transporting motor vehicles which are disabled, inoperative or wrecked in the event the owners or operators of such vehicles are incapacitated, unavailable or leave the procurement of wrecker service to the officer at the scene of an accident or the location of a disabled vehicle. Any such licensee may participate in such system, provided (1) his operators fulfill certain qualifications, including certification by the Towing and Recovery Association of America or a certification program approved by the Commissioner of Public Safety, and his equipment meets safety and mechanical standards established by the Commissioner of Public Safety and the Commissioner of Motor Vehicles, and (2) his business is located so as to provide prompt and efficient service.

      (b) The Commissioner of Public Safety shall grant variations or exemptions from, or approve equivalent or alternate compliance with, the provisions of this section where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of said commissioner, secure the public safety.

      (c) The Commissioner of Public Safety shall adopt regulations in accordance with the provisions of chapter 54 concerning the operation of such rotational system and the removal from the system of wrecker services which fail to comply with the requirements specified in such regulations or any provision of the general statutes or a regulation concerning the operation of a motor vehicle repair, towing or storage facility or the operation of a motor vehicle.

      (P.A. 83-166; P.A. 98-138.)

      History: P.A. 98-138 designated existing provisions as Subsec. (a), adding provision requiring certification of wrecker operators and including Commissioner of Public Safety as standard-setting authority and deleting provision allowing the commissioner to adopt regulations and added Subsec. (b) authorizing commissioner to grant variations from strict compliance with the section and new Subsec. (c) re adoption of regulations.

      Sec. 29-24. Disposition of money recovered in case of theft from the person or robbery. Section 29-24 is repealed.

      (1949 Rev., S. 3663; P.A. 75-530, S. 24, 35.)

      Sec. 29-25. Laundry and dry cleaning identification marks. Each person, firm or corporation conducting a laundry or dry cleaning establishment, or offering as an independent contractor the services of such an establishment, shall report to the Commissioner of Public Safety, on forms supplied by the commissioner, the type and style of laundry or dry cleaning identification marks which are attached to or stamped or written upon garments processed by such establishment when returned to the customer. Such report shall be accompanied by actual samples of the identification markings used. Each such person, firm or corporation shall make such report immediately upon entering the business of laundry or dry cleaning. Any change in identification marking systems, either by eliminating such marking or changing the system of identification marking used, shall be reported to the commissioner immediately. Each such laundry, dry cleaning establishment or independent contractor shall retain customer records for a period of not less than ninety days from the time the garments are delivered to the customer. Any person, firm or corporation which violates any provision of this section shall be fined not more than one hundred dollars or imprisoned not more than three months or be both fined and imprisoned.

      (1951, S. 1991d; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      Sec. 29-26. Training of municipal police at State Police Training School. Any municipality or other political subdivision of the state may enter into an agreement with the Commissioner of Public Safety to secure the services of the State Police Training School in the instruction and training of applicants to and members of police departments in the municipality seeking such services. The agreement shall provide for the subject matter, duration, personnel, time, place and technical services to be devoted to the course of study and for the reimbursement of the state for the actual costs of the services, materials and overhead.

      (1957, P.A. 81; P.A. 77-614, S. 19, 486, 610; P.A. 88-1, S. 12, 13.)

      History: P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management and, effective January 1, 1979, replaced commissioner of state police with commissioner of public safety; P.A. 88-1 repealed provision that the actual cost of services, materials and overhead shall be determined by the secretary of the office of policy and management.

      See Sec. 7-294e re recertification and training of police officers.

      See Sec. 7-294f re requirement that police basic training programs include course on rape crisis intervention.

      See Sec. 7-294g re requirement that police basic or review training programs provide training on the subject of domestic violence.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370.

      Sec. 29-27. "Pistol" and "revolver" defined. The term "pistol" and the term "revolver", as used in sections 29-28 to 29-38, inclusive, mean any firearm having a barrel less than twelve inches in length.

      (1949 Rev., S. 4157; July Sp. Sess. P.A. 94-1, S. 14.)

      History: July Sp. Sess. P.A. 94-1 made no substantive change.

      Cited. 173 C. 254. Cited. 205 C. 370. Cited. 211 C. 258. Cited. 242 C. 318.

      Cited. 3 CA 289. Cited. 7 CA 367. Cited. 9 CA 169; judgment reversed, see 205 C. 370; Id., 330. Cited. 11 CA 621. Cited. 24 CA 737. Cited. 25 CA 433; Id., 578. Cited. 30 CA 68. Cited. 36 CA 805. Cited. 43 CA 252.

      Sec. 29-28. Permit for sale at retail of pistol or revolver. Permit to carry pistol or revolver. Confidentiality of name and address of permit holder. Permits for out-of-state residents. (a) No person who sells ten or more pistols or revolvers in a calendar year or is a federally-licensed firearm dealer shall advertise, sell, deliver, or offer or expose for sale or delivery, or have in such person's possession with intent to sell or deliver, any pistol or revolver at retail without having a permit therefor issued as provided in this subsection. 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, may, upon the application of any person, issue a permit in such form as may be prescribed by the Commissioner of Public Safety for the sale at retail of pistols and revolvers within the jurisdiction of the authority issuing such permit. No permit for the sale at retail of any pistol or revolver shall be issued unless the applicant holds a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or a valid state permit to carry a pistol or revolver issued pursuant to subsection (b) of this section and the applicant submits documentation sufficient to establish that local zoning requirements have been met for the location where the sale is to take place except that any person selling or exchanging a pistol or revolver for the enhancement of a personal collection or for a hobby or who sells all or part of such person's personal collection of pistols or revolvers shall not be required to submit such documentation for the location where the sale or exchange is to take place.

      (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 Public Safety 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 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, 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 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, (5) 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, (6) 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) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing, (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4), (9) is an alien illegally or unlawfully in the United States, or (10) 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 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.

      (c) No issuing authority may require any sworn member of the Department of Public Safety 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 permit to carry a pistol or revolver 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.

      (d) Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a permit to sell at retail pistols and revolvers pursuant to subsection (a) of this section or a state or a temporary state permit to carry a pistol or revolver pursuant to subsection (b) of this section, or a local permit to carry pistols and revolvers issued by local authorities prior to October 1, 2001, 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, (2) the issuing authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33 for verification that such state or temporary state permit is still valid and has not been suspended or revoked, and the local authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33 for verification that a local 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.

      (e) The issuance of any permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying of a pistol or revolver is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises.

      (f) Any bona fide resident of the United States having no bona fide residence or place of business within the jurisdiction of any local authority in the state, but who has a permit or license to carry a pistol or revolver issued by the authority of another state or subdivision of the United States, may apply directly to the Commissioner of Public Safety for a permit to carry a pistol or revolver in this state. All provisions of subsections (b), (c), (d) and (e) of this section shall apply to applications for a permit received by the commissioner under this subsection.

      (1949 Rev., S. 4158, 4159; 1959, P.A. 615, S. 19; P.A. 77-614, S. 486, 610; P.A. 90-155, S. 1; P.A. 92-130, S. 4, 10; P.A. 93-172, S. 1; July Sp. Sess. P.A. 94-1, S. 4; P.A. 98-129, S. 6; P.A. 99-212, S. 19; P.A. 01-130, S. 4; P.A. 05-283, S. 4.)

      History: 1959 act corrected typographical error; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 90-155 added provision re compliance with local zoning requirements; P.A. 92-130 divided section into two Subsecs., inserting new language as Subsec. (b) to prohibit issuing authority from requiring police officers to furnish their residence addresses in permit applications and to require issuing authority to allow police officers who have a permit to carry a pistol or revolver on May 26, 1992, to revise such applications to include business or post office address in lieu of residence address; P.A. 93-172 amended Subsec. (a) to require copy of state permit delivered to permittee to be laminated and contain full-face photograph of permittee; July Sp. Sess. P.A. 94-1 amended Subsec. (a) to require any person "who sells ten or more pistols or revolvers in a calendar year or is a federally-licensed firearm dealer" to obtain a permit for the sale at retail of pistols and revolvers and to prohibit the issuance of such permit unless the applicant holds a valid eligibility certificate or valid permit to carry, designated as Subsec. (b) existing provisions re application for and issuance of permit to carry and amended said Subsec. to replace provision prohibiting the issuance of such permit to an alien with provision prohibiting the issuance of such permit to any applicant who comes within any of the six specified circumstances, add provision exempting current permit holders from additional training and add provision requiring a permit holder to notify the issuing authority of any change of address, redesignated former Subsec. (b) as Subsec. (c) and added Subsec. (d) re confidentiality of name and address of permit holders; P.A. 98-129 amended Subsec. (b) to add new Subdiv. (3) prohibiting the issuance of a permit to an applicant who has been convicted as delinquent of a serious juvenile offense, renumbering the remaining Subdivs. accordingly, and to replace in Subdiv. (5) "hospital for mental illness" with "hospital for persons with psychiatric disabilities", amended Subsec. (d) to add Subdiv. (3) authorizing the disclosure of such information to the Commissioner of Mental Health and Addiction Services to carry out the provisions of Sec. 17a-500(c), and added new Subsec. (e) to provide that the issuance of a permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver where prohibited by law or by the person who owns or exercises control over the premises; P.A. 99-212 amended Subsec. (b) to add new Subdiv. (7) prohibiting the issuance of a permit to an applicant who is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice and hearing, renumbering remaining Subdiv. accordingly, and to make provisions gender neutral; P.A. 01-130 amended Subsecs. (a), (b) and (d) to establish state permits for sale at retail and state permits to carry pistols and revolvers in place of local permits for sale and local permits to carry, added Subsec. (b)(9) prohibiting a state permit to carry from being issued to persons under age twenty-one, added Subsec. (f) providing for out-of-state residents to obtain state permits to carry, and made technical and conforming changes throughout; P.A. 05-283 amended Subsec. (b) to add new Subdiv. (8) prohibiting the issuance of a permit to an applicant who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922 (g)(4), and to redesignate existing Subdivs. (8) and (9) as Subdivs. (9) and (10).

      See Sec. 53-202 re penalties for illegal use or possession of machine guns.

      See Sec. 53-206 re penalties for carrying or sale of dangerous weapons.

      After defendant's loaded revolver was removed from his waistband while he was seated in his car after midnight in a high crime area, officer justified in seizure and arrest of defendant under the circumstances of speedy information by informant. 157 C. 114. Search of defendant's car, upon his arrest for breach of the peace, which yielded weapon was incidental to his arrest and properly made. Id., 222. Cited. 163 C. 176. This section has the effect of placing the burden of proof on alleged violators constituting a denial of due process and is therefore invalid. 165 C. 577, 597. Cited. 170 C. 81. State must prove beyond reasonable doubt that proper permit had not been issued, since that is essential element of the crime. Id., 234. Cited. 172 C. 21; Id., 94. Cited. 174 C. 22; Id., 405. Cited. 178 C. 534. Cited. 179 C. 516. Cited. 193 C. 7. Cited. 209 C. 322. Cited. 222 C. 621.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370; Id., 330. Cited. 17 CA 556. Cited. 25 CA 433. Cited. 36 CA 576. Cited. 38 CA 434. Cited. 39 CA 224; Id., 242.

      Separate and distinct crime from the carrying of dangerous weapons on the person. 10 CS 272. Cited. 22 CS 173; Id., 201. Cited. 23 CS 82. Cited. 35 CS 659. Cited. 42 CS 157.

      Cited. 5 Conn. Cir. Ct. 119.

      Subsec. (b):

      Purpose of statutory scheme is to protect the public from individuals whose conduct has shown them to be lacking the essential character or temperament necessary to be entrusted with a weapon. 46 CS 550.

      Sec. 29-28a. Application for permit. Notice of decision to applicant. (a) Requests for temporary state permits under section 29-28 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, on application forms prescribed by the Commissioner of Public Safety. Upon written request by any person for a temporary state 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 Public Safety 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 permit has been made, inform the applicant that such applicant's request for a temporary state permit has been approved or denied. The local authority shall forward a copy of the application indicating approval or denial of the temporary state permit to the Commissioner of Public Safety. If the local authority has denied the application for a temporary state permit, no state 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 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 permit has been obtained, the temporary state permit shall be immediately revoked pursuant to section 29-32.

      (1963, P.A. 115; P.A. 77-614, S. 486, 610; P.A. 81-342, S. 2; P.A. 84-60; P.A. 01-130, S. 5.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 81-342 amended Subsec. (a) by adding the provision that a person may request an application from the commissioner of public safety or a state police barracks if the issuing authority fails to supply an application upon request; P.A. 84-60 amended Subsec. (b), extending the notification period for the granting or denial of a permit from six to eight weeks; P.A. 01-130 amended Subsecs. (a) and (b) to substitute "local" authority for "issuing" authority to reflect change from local to state permit and make technical and conforming changes, added provisions re chief of police, warden and first selectman in Subsec. (a) and added provisions re forwarding of copy of application to and notice to applicant from Commissioner of Public Safety in Subsec. (b).

      Cited. 193 C. 7.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370. Cited. 25 CA 433.

      Cited. 42 CS 157.

      Subsec. (b):

      Time limit is directory provision not mandatory. 42 CS 157.

      Sec. 29-29. Information concerning criminal records of applicants for permits. (a) No temporary state permit for carrying any pistol or revolver shall be issued under the provisions of section 29-28 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 any such weapons.

      (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, within five business days of 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.

      (c) The local authority may, in its discretion, issue a temporary state 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 within one week of 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 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 pistol or revolver is prohibited under state or federal law.

      (d) The commissioner may investigate any applicant for a state permit and shall investigate each applicant for renewal of a state permit to ensure that such applicant is eligible under state law for such permit or for renewal of such permit.

      (e) No state permit may be issued unless either the local authority or the commissioner has received the results of the national criminal history records check.

      (1949 Rev., S. 4160; P.A. 92-130, S. 6, 10; P.A. 98-129, S. 5; P.A. 01-130, S. 6; P.A. 01-175, S. 22, 32.)

      History: P.A. 92-130 required issuing authority to record date fingerprints were taken, authorized forwarding of fingerprints to FBI for national criminal history records check, authorized issuing authority to issue permit before report from FBI is received, required issuing authority to inform applicant and render a decision on application within one week of receipt of report, and, if report has not been received within eight weeks after application is made, to inform applicant of delay, and prohibited issuance of permit if issuing authority has reason to believe applicant has been convicted of a felony; P.A. 98-129 relieved the issuing authority of the requirement that it take the fingerprints of the applicant if it determines that the fingerprints of the applicant have been previously taken and the applicant's identity established and the applicant presents identification that the issuing authority verifies as valid and made the submission of the fingerprints to the Federal Bureau of Investigation by the issuing authority mandatory rather than discretionary; P.A. 01-130 substituted "local" authority for "issuing" authority to reflect change from local permit to state permit, adding new Subsecs., designated as (d) and (e), re commissioner's investigation of applicants and required receipt of results of national criminal history records check before state permit issued, and made technical and conforming changes; P.A. 01-175 made technical changes throughout, designated existing language as Subsecs. (a) to (c), amended Subsec. (a) by adding language re state and national criminal history records checks, and amended Subsec. (b) by adding language re method of positive identification and criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001.

      Cited. 193 C. 7. Cited. 200 C. 453. Cited. 209 C. 322.

      Cited. 7 CA 457. Cited. 9 CA 169; judgment reversed, see 205 C. 370.

      Cited. 39 CS 202. Cited. 42 CS 157.

      Sec. 29-30. Fees for pistol and revolver permits. Expiration and renewal of permits. (a) The fee for each permit originally issued under the provisions of subsection (a) of section 29-28 for the sale at retail of pistols and revolvers shall be one hundred dollars and for each renewal thereof one hundred dollars. The fee for each state permit originally issued under the provisions of subsection (b) of section 29-28 for the carrying of pistols and revolvers shall be seventy 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 no later than five business days after receipt by the local authority of the application for the temporary state permit. Thirty-five dollars shall be retained by the local authority. Upon approval by the local authority of the application for a temporary state permit, thirty-five dollars shall be sent to the commissioner. The fee to renew each state permit originally issued under the provisions of subsection (b) of section 29-28 shall be thirty-five 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 Public Safety to a separate nonlapsing account for the purposes of the issuance of permits under subsections (a) and (b) of section 29-28.

      (b) A local permit originally issued before October 1, 2001, whether for the sale at retail of pistols and revolvers or for the carrying of pistols and revolvers, shall expire five years after the date it becomes effective and each renewal thereof shall expire five years after the expiration date of the permit being renewed. On and after October 1, 2001, no local permit for the carrying of pistols and revolvers shall be renewed.

      (c) A state permit originally issued under the provisions of section 29-28 for the carrying of pistols and revolvers shall expire five years after the date such permit becomes effective and each renewal thereof shall expire five years after the expiration date of the state permit being renewed and such renewal shall not be contingent on the renewal or issuance of a local permit. A temporary state permit issued for the carrying of pistols and revolvers shall expire sixty days after the date it becomes effective, and may not be renewed.

      (d) 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 permit being renewed.

      (e) No fee or portion thereof paid under the provisions of this section for issuance or renewal of a state permit shall be refundable except if such permit for which the fee or portion thereof 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.

      (f) The issuing authority shall send a notice of the expiration of a state permit to carry a pistol or revolver, issued pursuant to section 29-28, 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 said state permit. A state permit to carry a pistol or revolver, issued pursuant to section 29-28, shall be valid for a period of ninety days after the expiration date, except this provision shall not apply to any state permit to carry a pistol or revolver which has been revoked or for which revocation is pending, pursuant to section 29-32.

      (1949 Rev., S. 4161; 1953, S. 2132d; 1959, P.A. 271; P.A. 73-468, S. 1; P.A. 80-297, S. 10, 20; P.A. 81-222, S. 1; P.A. 89-180, S. 1, 2; P.A. 93-172, S. 2; July Sp. Sess. P.A. 94-1, S. 5; P.A. 98-129, S. 4; P.A. 99-212, S. 11; P.A. 01-130, S. 7.)

      History: 1959 act added Subsecs. (b), (c) and (d); P.A. 73-468 increased permit fees in Subsec. (a) from two to six dollars for originals and from one to five dollars for renewals, increased duration of permits' validity in Subsec. (b) from one to five years, changed expiration date in Subsec. (c) from thirty-one days after local permit expires to five years and added Subsec. (e) re refunds of fees paid; P.A. 80-297 raised fee for original and renewal permits to fifteen dollars each in Subsec. (a); P.A. 81-222 added Subsec. (f) requiring that notice of expiration of a permit to carry a pistol or revolver be sent at least ninety days before expiration and providing such a permit shall be valid for ninety days after the expiration date; P.A. 89-180 amended Subsec. (a) to increase fees for original and renewal permits from fifteen to twenty-five dollars; P.A. 93-172 amended Subsec. (a) to increase fees for original and renewal permits from twenty-five to thirty-five dollars and to require ten dollars of each fee to be credited to appropriation to department of public safety for purpose of photographing permittee and laminating state permits for carrying pistols and revolvers; July Sp. Sess. P.A. 94-1 amended Subsec. (a) to increase the fee for a permit for the sale at retail of pistols and revolvers and for the renewal thereof from thirty-five to one hundred dollars and to require that the ten dollars credited to the appropriation to the department of public safety be credited "within thirty days" and be credited "to a separate nonlapsing account for the purposes of the issuance of permits under subsections (a) and (b) of section 29-28" rather than "for the purpose of photographing the permittee and laminating state permits for the carrying of pistols and revolvers issued under the provisions of subsection (a) of section 29-28"; P.A. 98-129 amended Subsec. (a) to delete provision requiring that ten dollars of each fee be credited to the appropriation to the Department of Public Safety; P.A. 99-212 amended Subsec. (a) to restore provision requiring that ten dollars of each fee be credited to the appropriation for the Department of Public Safety for purposes of issuance of permits under Subsecs. (a) and (b) of Sec. 29-28 and to make provisions gender neutral; P.A. 01-130 amended Subsec. (a) to increase fee for permit to carry from thirty-five dollars to seventy dollars plus the cost of national criminal history records check and to add provisions re allocation of funds between local authority and commissioner, amended Subsec. (b) to add provision prohibiting renewal of local permit to carry on and after October 1, 2001, amended Subsec. (c) to add provision re the expiration of temporary state permits, amended Subsec. (e) to add provision re nonrefund of fee expended on national criminal history records check and made technical changes throughout to reflect the change from local permits to state permits.

      Cited. 193 C. 7, 8, 12.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370.

      Sec. 29-31. Display of permit to sell. Record of sales. No sale of any pistol or revolver shall be made except in the room, store or place described in the permit for the sale of pistols and revolvers, and such permit or a copy thereof certified by the authority issuing the same shall be exposed to view within the room, store or place where pistols or revolvers are sold or offered or exposed for sale, and no sale or delivery of any pistol or revolver shall be made unless the purchaser or person to whom the same is to be delivered is personally known to the vendor of such pistol or revolver or the person making delivery thereof or unless the person making such purchase or to whom delivery thereof is to be made provides evidence of his identity. The vendor of any pistol or revolver shall keep a record of each pistol or revolver sold in a book kept for that purpose, which record shall be in such form as is prescribed by the Commissioner of Public Safety and shall include the date of the sale, the caliber, make, model and manufacturer's number of such pistol or revolver and the name, address and occupation of the purchaser thereof, and shall be signed by the purchaser and by the person making the sale, each in the presence of the other, and shall be preserved by the vendor of such pistol or revolver for at least six years.

      (1949 Rev., S. 4162; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      Cited. 193 C. 7.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370.

      Where offense lay not in failure to keep record of sale, but in failure to keep it in book and form prescribed by state police commissioner, minimum sentence of two years reduced to one year as too severe. 22 CS 25.

      Sec. 29-32. Revocation of permit. Notification. Confiscation. Penalty for failure to surrender permit. (a) For the purposes of this section, "conviction" means the entry of a judgment of conviction by any court of competent jurisdiction.

      (b) Any state permit or temporary state permit for the carrying of any pistol or revolver may be revoked by the Commissioner of Public Safety for cause and shall be revoked by said commissioner upon conviction of the holder of such permit of a felony or of any misdemeanor specified in subsection (b) of section 29-28 or upon the occurrence of any event which would have disqualified the holder from being issued the state permit or temporary state permit pursuant to subsection (b) of section 29-28. Upon the revocation of any state permit or temporary state permit, the person whose state permit or temporary state permit is revoked shall be notified in writing and such state permit or temporary state permit shall be forthwith delivered to the commissioner. Any law enforcement authority shall confiscate and immediately forward to the commissioner any state permit or temporary state permit that is illegally possessed by any person. The commissioner may revoke the state permit or temporary state 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.

      (c) Any local permit for the carrying of a pistol or revolver issued prior to October 1, 2001, may be revoked by the authority issuing the same for cause, and shall be revoked by the authority issuing the same upon conviction of the holder of such permit of a felony or of any misdemeanor specified in subsection (b) of section 29-28 or upon the occurrence of any event which would have disqualified the holder from being issued such local permit. Upon the revocation of any local permit, the person whose local permit is revoked shall be notified in writing and such permit shall be forthwith delivered to the authority issuing the same. Upon the revocation of any local permit, the authority issuing the same shall forthwith notify the commissioner. Upon the revocation of any permit issued by the commissioner, the commissioner shall forthwith notify any local authority which the records of the commissioner show as having issued a currently valid local permit to the holder of the permit revoked by the commissioner. Any person who fails to surrender such permit within five days of notification in writing or revocation thereof shall be guilty of a class C misdemeanor.

      (1949 Rev., S. 4163; P.A. 73-468, S. 2; P.A. 77-361; 77-614, S. 486, 610; P.A. 82-464, S. 2; July Sp. Sess. P.A. 94-1, S. 6; P.A. 01-130, S. 8.)

      History: P.A. 73-468 deleted reference to permits issued under Sec. 29-28, specified that revocation must be "for cause", deleted provision which required that revocation of one permit constitutes automatic revocation of the other and clarified required notice to local authorities when state permit is revoked; P.A. 77-361 required that person whose permit is revoked be notified of the revocation and established failure to surrender permit as required as a class C misdemeanor; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 82-464 provided for the mandatory revocation of a permit upon the conviction of the holder of a felony; July Sp. Sess. P.A. 94-1 provided for the mandatory revocation of a permit upon the conviction of the holder of any misdemeanor specified in Sec. 29-28(b) or upon the occurrence of any event which would have disqualified the holder from being issued the permit pursuant to Sec. 29-28(b); P.A. 01-130 added Subsec. (a) defining "conviction", designated existing provisions as Subsec. (b) and reflected the change from local permits to state permits by substituting the Commissioner of Public Safety for local authorities and adding "state permit or temporary state permit", where applicable, and adding provisions re confiscation of permits illegally possessed and revocation of permits, and added Subsec. (c) re the revocation of local permits.

      Cited. 193 C. 7. Revocation of pistol permit is required despite defendant's conviction of an offense prior to effective date of the public act requiring revocation. 243 C. 250.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370.

      Meets requirements of procedural due process without providing for notice and hearing before revocation. 36 CS 108.

      Sec. 29-32a. Appeal from refusal or revocation of permit. Section 29-32a is repealed.

      (1959, P.A. 263, S. 1; 615, S. 24; 1967, P.A. 633, S. 1.)

      Sec. 29-32b. Board of Firearms Permit Examiners. Appeals to board. Hearings. (a) There shall be established a Board of Firearms Permit Examiners, within the Department of Public Safety for administrative purposes only, hereinafter referred to as the board, to be comprised of seven members appointed by the Governor to serve during his term and until their successors are appointed and qualify. With the exception of public members, the members shall be appointed from nominees of the Commissioner of Public Safety, the Connecticut State Association of Chiefs of Police, the Commissioner of Environmental Protection, The Connecticut State Rifle and Revolver Association, Inc., and Ye Connecticut Gun Guild, Inc., and each of said organizations shall be entitled to representation on the board. At least one member of the board shall be a lawyer licensed to practice in this state, who shall act as chairman of the board during the hearing of appeals brought under this section.

      (b) Any person aggrieved by any refusal to issue or renew a permit or certificate under the provisions of section 29-28 or 29-36f, 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, may, within 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, 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.

      (c) Any person aggrieved by the action of an issuing authority may file with the board a clear and concise statement of the facts on which he relies for relief, and shall state the relief sought by the appellant. The receipt by the board of the appellant's statement shall initiate the appeals process, and no appeal may be rejected for mere lack of formality. The board shall, within ten days next following receipt of the appeal, set a time and place at which the appeal shall be heard. The board, while such appeal is pending, may request such additional information from the appellant and from the issuing authority as it deems reasonably necessary to conduct a fair and impartial hearing, and shall require of the issuing authority from whose decision or action the appeal is being sought a statement in writing setting forth the reasons for such failure, refusal, revocation or limitation. Failure or refusal of the issuing authority to furnish such written statement, or to supply the appellant with an application, at least ten days prior to the hearing shall be cause for the board to grant the relief sought, forthwith and without further hearing.

      (d) The board shall hold hearings at such times and places as it in its discretion reasonably determines to be required, but not less than once every ninety days, and shall give reasonable notice of the time and place of the hearing to the appellant and to the issuing authority. The board shall have the power to compel attendance at its sessions.

      (e) All appeals hearings shall be conducted in an informal manner, but otherwise according to the rules of evidence, and all witnesses shall be sworn by the chairman. The board shall cause a verbatim transcript of the hearing to be kept in such manner as it may determine, and shall furnish such transcript to any party appealing its decision as hereinafter set forth. The statements of witnesses made under oath shall be privileged. Decisions of the board shall be by majority vote and shall be communicated in writing to the appellant and to the issuing authority within twenty days after the rendering of the decision. If any issuing authority neglects or refuses to comply with a decision of the board within ten days after notice of the board's decision has been given to such issuing authority, the board shall apply to the Superior Court for a writ of mandamus to enforce the board's decision.

      (f) Any person aggrieved by the decision of the board may appeal therefrom in accordance with the provisions of section 4-183.

      (g) The board shall serve without compensation, but its members shall be entitled to reasonable subsistence and travel allowances in the performance of their duties.

      (1967, P.A. 633, S. 2; P.A. 76-435, S. 39, 82; 76-436, S. 609, 681; P.A. 77-603, S. 16, 125; 77-614, S. 486, 509, 610; P.A. 90-155, S. 2; July Sp. Sess. P.A. 94-1, S. 11; P.A. 98-129, S. 10; June Sp. Sess. P.A. 98-1, S. 120, 121; P.A. 99-212, S. 13.)

      History: P.A. 76-435 replaced director of fisheries and game with commissioner of environmental protection in Subsec. (a); P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts in Subsec. (f), effective July 1, 1978; P.A. 77-603 replaced previous detailed appeal provisions in Subsec. (f) with requirement that appeals be made in accordance with Sec. 4-183; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, increased number of board members from five to seven and placed board of firearms permit examiners in the department of public safety for administrative purposes only, effective January 1, 1979; P.A. 90-155 amended Subsec. (b) by adding provision re refusal for failure to document compliance with local zoning requirements; July Sp. Sess. P.A. 94-1 amended Subsec. (b) to make provisions applicable with respect to the issuance of a certificate under Sec. 29-36f; P.A. 98-129 amended Subsec. (b) to delete references to Secs. 53-206 and 53-206a; June Sp. Sess. P.A. 98-1 repealed Sec. 10 of P.A. 98-129, thereby nullifying the changes in P.A. 98-129, effective June 24, 1998 (Revisor's note: In 1999 the words "refusal or failure or any issuing authority" in Subsec. (b) were replaced editorially with "refusal or failure of any issuing authority" to correct a typographical error in P.A. 90-155); P.A. 99-212 amended Subsec. (b) to delete references to Secs. 53-206 and 53-206a and make provisions gender neutral.

      See title 2c re termination under "Sunset Law".

      See Sec. 4-9a for definition of "public member".

      See Sec. 4-38f for definition of "administrative purposes only".

      Cited. 193 C. 7.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370.

      Meets requirements of procedural due process. 36 CS 108. Cited. 39 CS 202. Board's determination as to plaintiff's suitability to possess a permit is subject to great deference. 46 CS 550.

      Subsec. (a):

      Cited. 209 C. 322.

      Subsec. (b):

      Cited. 209 C. 322.

      Cited. 35 CS 28.

      Subsec. (c):

      Cited. 209 C. 322.

      Cited. 14 CA 376.

      Cited. 35 CS 28.

      Subsec. (d):

      Cited. 14 CA 376.

      Subsec. (e):

      Cited. 14 CA 376.

      Cited. 42 CS 157.

      Subsec. (f):

      Cited. 14 CA 376.

      Cited. 35 CS 28. Cited. 42 CS 157.

      Sec. 29-33. Sale, delivery or transfer of pistols and revolvers. Procedure. Penalty. (a) No person, firm or corporation shall sell, deliver or otherwise transfer any pistol or revolver to any person who is prohibited from possessing a pistol or revolver as provided in section 53a-217c.

      (b) On and after October 1, 1995, no person may purchase or receive any pistol or revolver unless such person holds a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, 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 or is a federal marshal, parole officer or peace officer.

      (c) No person, firm or corporation shall sell, deliver or otherwise transfer any pistol or revolver except upon written application on a form prescribed and furnished by the Commissioner of Public Safety. Such person, firm or corporation shall insure that all questions on the application are answered properly prior to releasing the pistol or revolver and shall retain the application, which shall be attached to the federal sale or transfer document, 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, delivery or other transfer of any pistol or revolver shall be made unless the person making the purchase or to whom the same is delivered or transferred is personally known to the person selling such pistol or revolver or making delivery or transfer thereof or provides evidence of his identity in the form of a motor vehicle operator's license, identity card issued pursuant to section 1-1h or valid passport. No sale, delivery or other transfer of any pistol or revolver shall be made until the person, firm or corporation making such transfer obtains an authorization number from the Commissioner of Public Safety. Said commissioner shall perform the national instant criminal background check and make a reasonable effort to determine whether there is any reason that would prohibit such applicant from possessing a pistol or revolver as provided in section 53a-217c. If the commissioner determines the existence of such a reason, the commissioner shall deny the sale and no pistol or revolver shall be sold, delivered or otherwise transferred by such person, firm or corporation to such applicant.

      (d) No person, firm or corporation shall sell, deliver or otherwise transfer any pistol or revolver, other than at wholesale, unless such pistol or revolver is equipped with a reusable trigger lock, gun lock or gun locking device appropriate for such pistol or revolver, 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. No pistol or revolver shall be loaded or contain therein any gunpowder or other explosive or any bullet, ball or shell when such pistol or revolver is sold, delivered or otherwise transferred.

      (e) Upon the sale, delivery or other transfer of any pistol or revolver, the person making the purchase or to whom the same is delivered or transferred shall sign a receipt for such pistol or revolver which shall contain the name and address of such person, the date of sale, the caliber, make, model and manufacturer's number and a general description of such pistol or revolver, the identification number of such person's permit to carry pistols or revolvers, issued pursuant to subsection (b) of section 29-28, permit to sell at retail pistols or revolvers, issued pursuant to subsection (a) of said section, or eligibility certificate for a pistol or revolver, issued pursuant to section 29-36f, if any, and the authorization number designated for the transfer by the Department of Public Safety. The person, firm or corporation selling such pistol or revolver or making delivery or transfer thereof shall give one copy of the receipt to the person making the purchase of such pistol or revolver or to whom the same is delivered or transferred, shall retain one copy of the receipt for at least five years, and shall send, by first class mail, or electronically transmit, within forty-eight hours of such sale, delivery or other transfer, one copy of the receipt to the Commissioner of Public Safety and one copy of the 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, as the case may be, of the town in which the transferee resides.

      (f) The provisions of this section shall not apply to antique pistols or revolvers. An antique pistol or revolver, for the purposes of this section, means any pistol or revolver which was manufactured in or before 1898 and any replica of such pistol or revolver 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) The provisions of this section shall not apply to the sale, delivery or transfer of pistols or revolvers between (1) a federally-licensed firearm manufacturer and a federally-licensed firearm dealer, (2) a federally-licensed firearm importer and a federally-licensed firearm dealer, or (3) federally-licensed firearm dealers.

      (h) If the court finds that a violation of this section is not of a serious nature and that the person charged with such violation (1) will probably not offend in the future, (2) has not previously been convicted of a violation of this section, and (3) has not previously had a prosecution under this section suspended pursuant to this subsection, it may order suspension of prosecution. The court shall not order suspension of prosecution unless the accused person has acknowledged that he understands the consequences of the suspension of prosecution. Any person for whom prosecution is suspended shall agree to the tolling of any statute of limitations with respect to such violation and to a waiver of his right to a speedy trial. Such person shall appear in court and shall be released to the custody of the Court Support Services Division for such period, not exceeding two years, and under such conditions as the court shall order. If the person refuses to accept, or, having accepted, violates such conditions, the court shall terminate the suspension of prosecution and the case shall be brought to trial. If such person satisfactorily completes his period of probation, he may apply for dismissal of the charges against him and the court, on finding such satisfactory completion, shall dismiss such charges. If the person does not apply for dismissal of the charges against him after satisfactorily completing his period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the person satisfactorily completed his period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a. An order of the court denying a motion to dismiss the charges against a person who has completed his period of probation or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

      (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 pistol or revolver in violation of the provisions of this section, knowing that such pistol or revolver is stolen or that the manufacturer's number or other mark of identification on such pistol or revolver has been altered, removed or obliterated, shall be guilty of a class B felony, and any pistol or revolver found in the possession of any person in violation of any provision of this section shall be forfeited.

      (1949 Rev., S. 4164; February, 1965, P.A. 36; P.A. 75-42; P.A. 77-614, S. 486, 610; P.A. 82-113; July Sp. Sess. P.A. 94-1, S. 1; P.A. 98-129, S. 1; P.A. 99-212, S. 15; P.A. 00-99, S. 136, 154; P.A. 02-132, S. 12.)

      History: 1965 act made provisions applicable to firms and corporations as well as to persons, required that applications be in triplicate, specifying persons who are to receive copies, required that no sales or deliveries be made until one week after copies mailed, replacing requirement that none be made on date of filing, added provision prohibiting sales and deliveries if applicant has been convicted of a felony, required that purchaser sign receipts in quadruplicate rather than triplicate with two rather than one to go to state police commissioner and added provisions setting forth exceptions to provisions for holders of state permits and various law enforcement officers and for antique weapons; P.A. 75-42 increased period after application during which sales and deliveries are prohibited from one week to two weeks; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 82-113 amended the definition of "antique pistol or revolver"; July Sp. Sess. P.A. 94-1 substantially revised section including making provisions applicable to all sales, deliveries and transfers, not just those "at retail", dividing Sec. into Subsecs., amending Subsec. (a) to prohibit the sale, delivery or transfer to any person prohibited from possessing a pistol or revolver as provided in Sec. 53a-217c, rather than only to any alien, amending Subsec. (b) to require the transferor to retain the original application for at least five years, rather than at least six years, prohibit the sale, delivery or transfer unless the transferee is personally known to the transferor or provides evidence of his identity, require the municipal authority or commissioner to make a reasonable effort to determine if there is any reason that would prohibit the applicant from possessing a pistol or revolver and prohibit the sale, delivery or transfer of a pistol or revolver if any such reason exists, rather than only if the applicant has been convicted of a felony, amending Subsec. (d) to require the receipt to contain the identification number of the person's permit to carry, permit to sell or eligibility certificate, if any, and the authorization number for the transfer, require the transferor to retain a copy of the receipt for at least five years, rather than at least six years, require the transferor to send a copy of the receipt to the chief of police, warden or first selectman of the town where the transfer took place, rather than to the authority issuing the permit for the sale of such pistol or revolver, require the transferor to send copies within forty-eight hours, rather than within twenty-four hours, of such sale, delivery or transfer, amending Subsec. (e) to make the waiting period not apply with respect to the holder of a valid permit to sell or eligibility certificate and require the transferor to verify the validity of the permit or certificate, adding Subsec. (g) to make section inapplicable to certain transfers between federally licensed manufacturers, importers or dealers, adding Subsec. (h) to authorize a court to suspend prosecution in certain cases, and adding Subsec. (i) to place penalty provision, formerly in Sec. 29-37(a), in section and increase penalty to a class D felony or, if the pistol or revolver is stolen or has an altered identification number, a class B felony; P.A. 98-129 amended Subsec. (c) to delete provision requiring that when a pistol or revolver is sold, delivered or transferred it be enclosed in a package with the paper or wrapping securely fastened and to add provision prohibiting the sale, delivery or other transfer of a pistol or revolver, other than at wholesale, unless such pistol or revolver is equipped with a reusable trigger lock, gun lock or gun locking device and specifying criteria for the materials and locking mechanism of such lock or device; P.A. 99-212 added new Subsec. (b) re prohibition on purchase or receipt of pistol or revolver without having a valid permit or eligibility certificate or being a federal marshal, sheriff, parole officer or peace officer, formerly Subsec. (a) of Sec. 29-36j, redesignating former Subsecs. (b), (c) and (d) as Subsecs. (c), (d) and (e), respectively, amended Subsec. (c) to replace provision requiring seller or transferor to send one copy of the application to the police chief, first selectman or warden in municipality where applicant resides and one copy to the Commissioner of Public Safety and retain the application for at least five years with provision requiring seller or transferor to attach the application to the federal sale or transfer document and retain it for at least twenty years or until the vendor goes out of business, to add provision requiring seller or transferor to insure all questions on the application are answered properly and to make application available for inspection during normal business hours by law enforcement officials, to replace prohibition on transfer of pistol or revolver until the expiration of two weeks from the mailing of the copies of the application with prohibition on transfer until the transferor obtains an authorization number, to delete the role of "the chief of the police department of the municipality within which the applicant resides or, where there is no chief of police, the first selectman or warden of such municipality, as the case may be," in determining whether there is a reason that would prohibit the applicant possessing a pistol or revolver and in notifying the seller or transferor of any such reason, to require the commissioner to perform the national instant criminal background check and to require the commissioner to deny the sale rather than forthwith notify the person, firm or corporation to whom such application was made if a reason exists that would prohibit the applicant possessing the pistol or revolver, amended Subsec. (e) to delete the requirement that the receipt contain the occupation of the transferee, to authorize the transferor to electronically transmit a copy of the receipt to the commissioner and the police chief, warden or first selectman and to require one copy of the receipt be sent to the police chief, warden or first selectman of the town "in which the transferee resides" rather than the town "in which the sale, delivery or other transfer took place" and deleted former Subsec. (e) re persons to whom the waiting period did not apply; P.A. 00-99 deleted reference to sheriff in Subsec. (b), effective December 1, 2000; P.A. 02-132 amended Subsec. (h) by replacing "Office of Adult Probation" with "Court Support Services Division".

      Cited. 193 C. 7.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370.

      Sec. 29-34. False statement or information in connection with sale or transfer of pistol or revolver prohibited. Sale or transfer to person under twenty-one years of age prohibited. Temporary transfers. Penalties. (a) No person shall make any false statement or give any false information connected with any purchase, sale, delivery or other transfer of any pistol or revolver. Any person violating any provision of this subsection shall be guilty of a class D felony.

      (b) No person shall sell, barter, hire, lend, give, deliver or otherwise transfer to any person under the age of twenty-one years any pistol or revolver, except that a pistol or revolver may be temporarily transferred to any person only for the use by such person in target shooting or on a firing or shooting range, provided such use is otherwise permitted by law and is under the immediate supervision of a person eligible to possess a pistol or revolver. Any person violating any provision of this subsection shall be guilty of a class D felony for which one year of the sentence imposed may not be suspended or reduced by the court.

      (c) Any pistol or revolver found in the possession of any person in violation of any provision of this section shall be forfeited.

      (1949 Rev., S. 4165; July Sp. Sess. P.A. 94-1, S. 2; July Sp. Sess. P.A. 94-2, S. 12; P.A. 99-212, S. 5.)

      History: July Sp. Sess. P.A. 94-1 made the provisions of the section applicable to any "other transfer" of a pistol or revolver and to persons who "otherwise transfer" a pistol or revolver, increased the minimum age of a person to whom a pistol or revolver may be transferred from eighteen to twenty-one years of age, and added exception re the temporary transfer of a pistol or revolver to any person for use in target shooting or on a firing or shooting range and under certain conditions; July Sp. Sess. P.A. 94-2 designated existing provisions re making a false statement or giving false information as Subsec. (a) and amended said Subsec. to add penalty provisions formerly located in Sec. 29-37(a), designated existing provisions re prohibiting the sale, delivery or transfer of any pistol or revolver to a person under the age of twenty-one years as Subsec. (b) and amended said Subsec. to add provision that a violation thereof is a class D felony with a one-year nonsuspendable sentence and added Subsec. (c) re forfeiture of a pistol or revolver, formerly located in Sec. 29-37(a); P.A. 99-212 amended Subsec. (a) to increase the penalty to a class D felony, replacing penalty of a fine of not more than five hundred dollars or imprisonment of not more than three years or both.

      Cited. 193 C. 7.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370.

      Sec. 29-35. Carrying of pistol or revolver without permit prohibited. Exceptions. (a) No person shall carry any pistol or revolver upon his or her person, except when such person is within the dwelling house or place of business of such person, without a permit to carry the same issued as provided in section 29-28. The provisions of this subsection shall not apply to the carrying of any pistol or revolver by any parole officer or peace officer of this state, or parole officer or peace officer of any other state while engaged in the pursuit of official duties, or federal marshal or federal law enforcement agent, or to any member of the armed forces of the United States, as defined in section 27-103, or of this state, as defined in section 27-2, when on duty or going to or from duty, or to any member of any military organization when on parade or when going to or from any place of assembly, or to the transportation of pistols or revolvers as merchandise, or to any person transporting any pistol or revolver while contained in the package in which it was originally wrapped at the time of sale and while transporting the same from the place of sale to the purchaser's residence or place of business, or to any person removing such person's household goods or effects from one place to another, or to any person while transporting any such pistol or revolver from such person's place of residence or business to a place or individual where or by whom such pistol or revolver is to be repaired or while returning to such person's place of residence or business after the same has been repaired, or to any person transporting a pistol or revolver in or through the state for the purpose of taking part in competitions, taking part in formal pistol or revolver training, repairing such pistol or revolver or attending any meeting or exhibition of an organized collectors' group if such person is a bona fide resident of the United States and is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides, or to any person transporting a pistol or revolver to and from a testing range at the request of the issuing authority, or to any person transporting an antique pistol or revolver, as defined in section 29-33. For the purposes of this subsection, "formal pistol or revolver training" means pistol or revolver training at a locally approved or permitted firing range or training facility, and "transporting a pistol or revolver" means transporting a pistol or revolver that is unloaded and, if such pistol or revolver is being transported in a motor vehicle, is not readily accessible or directly accessible from the passenger compartment of the vehicle or, if such pistol or revolver is being transported in a motor vehicle that does not have a compartment separate from the passenger compartment, such pistol or revolver shall be contained in a locked container other than the glove compartment or console. Nothing in this section shall be construed to prohibit the carrying of a pistol or revolver during formal pistol or revolver training or repair.

      (b) The holder of a permit issued pursuant to section 29-28 shall carry such permit upon one's person while carrying such pistol or revolver.

      (1949 Rev., S. 4166; 1957, P.A. 163, S. 35; 1959, P.A. 179; 1963, P.A. 437; P.A. 81-45; 81-222, S. 2; P.A. 88-128, S. 1; P.A. 99-212, S. 2; P.A. 00-99, S. 77, 154; P.A. 01-130, S. 9; P.A. 03-19, S. 68.)

      History: 1959 act exempted parole officers from provisions of section; 1963 act exempted persons en route to or at competitions, meetings, exhibitions etc. from provisions of section if persons are U.S. residents and have permits from other states; P.A. 81-45 clarified exemption for sheriffs, parole officers or peace officers by specifying those of this state, or of any other state while engaged in the pursuit of official duties, and added exemption for federal marshal or federal law enforcement agent; P.A. 81-222 provided an exemption for any person carrying a pistol or revolver to and from a testing range at the request of the issuing authority or carrying an antique pistol or revolver; P.A. 88-128 added Subsec. (b) to require a permit holder to carry his permit while carrying his pistol or revolver; P.A. 99-212 replaced "carrying" with "transporting" in list of exceptions other than in exceptions for sheriffs, parole officers, peace officers, federal marshals, federal law enforcement agents, members of the armed forces and members of any military organization, added exception for transporting a pistol or revolver in or through the state for the purpose of "taking part in formal pistol or revolver training" or "repairing such pistol or revolver", revised exception re out-of-state resident by replacing condition that such person have "a permit or license to carry any firearm issued by the authority of any other state or subdivision of the United States" with condition that such person "is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides", added definitions of "formal pistol or revolver training" and "transporting a pistol or revolver" and made provisions of section gender neutral; P.A. 00-99 deleted references to sheriff in Subsec. (a), effective December 1, 2000; P.A. 01-130 amended definition of "transporting a pistol or revolver" in Subsec. (a) re providing for a locked container if motor vehicle does not have compartment separate from passenger compartment; P.A. 03-19 made technical changes in Subsec. (a), effective May 12, 2003.

      Seizure of loaded revolver from defendant's person and arrest under this section by police lieutenant on information by reliable person that defendant was armed is justifiable action. 157 C. 114. Cited. 162 C. 3. Cited. 168 C. 395. State must introduce evidence that pistol which defendant was carrying was less than twelve inches in length in order to prove that defendant has violated this section. 173 C. 254. Cited. 179 C. 576. Burden not on state to disprove every listed exception in statute. 181 C. 388. Cited. 182 C. 262. Cited. 186 C. 261; Id., 654. Cited 189 C. 303. Cited. 190 C. 1. Cited. 192 C. 85. Cited 193 C. 7. Cited. 195 C. 651. Cited. 196 C. 122; Id., 157. Cited. 207 C. 191. Cited. 208 C. 689. Cited. 209 C. 322. Cited. 211 C. 258. Cited. 214 C. 540. Cited. 215 C. 739. Cited. 217 C. 73. Cited. 220 C. 385. Cited. 221 C. 315; Id., 915. Cited. 222 C. 718. Cited. 225 C. 270. Cited. 227 C. 518. Cited. 228 C. 234. Cited. 229 C. 125. Cited. 231 C. 43. Cited. 233 C. 1; Id., 215; Id., 813. Cited. 234 C. 324. Cited. 235 C. 274; Id., 397; Id., 595. Cited. 240 C. 395. Cited. 242 C. 318.

      Cited. 3 CA 225; Id., 289. Cited. 6 CA 189; Id., 402. Cited. 7 CA 367. Cited. 8 CA 667. Cited. 9 CA 169; judgment reversed, see 205 C. 370; Id., 330. Cited. 10 CA 532; Id., 683; Id., 697. Cited. 12 CA 662. Cited. 13 CA 139. Cited. 14 CA 140. Cited. 15 CA 330; Id., 749. Cited. 17 CA 243. Cited. 19 CA 576. Cited. 22 CA 507. Cited. 24 CA 408; Id., 685; Id., 692; Id., 737. Cited. 25 CA 433; Id., 578; Id., 734. Cited 26 CA 65; Id., 367. Cited. 27 CA 263; Id., 403. Cited. 28 CA 833; judgment reversed, see 227 C. 518. Cited. 30 CA 26; Id., 68. Cited. 31 CA 385; Id., 614. Cited. 32 CA 724. Cited. 34 CA 103; Id., 223. Cited. 35 CA 541. Cited. 36 CA 345; Id., 483; Id., 576; Id., 805; Id., 831. Cited. 37 CA 276. Cited. 38 CA 247. Cited. 39 CA 82; Id., 224; Id., 242; Id., 563. Cited. 40 CA 60; Id., 151; Id., 189. Cited. 41 CA 515; Id., 565; Id., 831. Cited. 42 CA 41. Cited. 43 CA 252. Cited. 44 CA 790. Cited. 45 CA 261; Id., 282. Cited. 46 CA 640. Evidence presented at trial was insufficient to support conviction of carrying pistol without a license because state did not prove beyond a reasonable doubt that gun barrel was less than twelve inches in length. 48 CA 193.

      Cited. 27 CS 275. Cited. 35 CS 516.

      Subsec. (a):

      Cited. 224 C. 546. Cited. 237 C. 518. "Place of business" means premises containing a business in which a person has a proprietary, controlling or possessory interest not a location at which a person is merely employed. 260 C. 219. Place of business" exception to handgun permit requirement inapplicable to taxicab. 270 C. 198.

      Cited. 20 CA 137. Cited. 22 CA 321. Cited. 26 CA 242. Cited. 33 CA 521. Cited. 35 CA 138. Cited. 38 CA 750. Cited. 42 CA 768. Cited. 45 CA 591. Cited. 46 CA 216. Cumulative evidence established beyond a reasonable doubt that defendant's firearm had a barrel less than twelve inches long. 69 CA 1. Jury instructions that improperly included an explanation of the principles of constructive possession did not violate defendant's due process rights where such instructions had no probable effect on the jury. 71 CA 656. Court upheld prior rulings that convictions under both this subsec. and Sec. 53a-217(a)(1) do not constitute double jeopardy. 83 CA 377.

      Sec. 29-36. Alteration of firearm identification mark, number or name. (a) No person shall remove, deface, alter or obliterate the name of any maker or model or any maker's number or other mark of identification on any firearm as defined in section 53a-3. The possession of any firearm upon which any identifying mark, number or name has been removed, defaced, altered or obliterated shall be prima facie evidence that the person owning or in possession of such firearm has removed, defaced, altered or obliterated the same.

      (b) Any person who violates any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than five years or both and any firearm found in the possession of any person in violation of said provision shall be forfeited.

      (1949 Rev., S. 4167; P.A. 97-56, S. 1.)

      History: P.A. 97-56 designated existing provisions as Subsec. (a), amended said Subsec. (a) to replace "pistol or revolver" with "firearm" and include defacing an identifying mark, number or name as a prohibited act and added Subsec. (b) re the penalty for a violation, revising the penalty formerly located in Sec. 29-37(a) to include all firearms.

      Cited. 193 C. 7. Cited. 237 C. 348.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370. Cited. 19 CA 51. Cited. 42 CA 768. Possession of weapon on which the identification mark has been altered or obliterated is "prima facie" evidence that the person in possession of weapon altered or obliterated the identification number. Further, statute does not, by its language, limit application of the inference to situations in which accused is in actual possession of a pistol. 70 CA 232.

      Subsec. (a):

      Provision re possession as prima facie evidence of alteration is permissive inference, not mandatory presumption. 246 C. 339.

      Secs. 29-36a to 29-36e. Reserved for future use.

      Sec. 29-36f. Eligibility certificate for pistol or revolver. (a) Any person who is twenty-one years of age or older may apply to the Commissioner of Public Safety for an eligibility certificate for a pistol or revolver.

      (b) The Commissioner of Public Safety 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 Public Safety 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 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, 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 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; (5) 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; (6) 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) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing; (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4); or (9) is an alien illegally or unlawfully in the United States.

      (July Sp. Sess. P.A. 94-1, S. 7; P.A. 98-129, S. 14; P.A. 99-212, S. 20; P.A. 05-283, S. 5.)

      History: P.A. 98-129 amended Subsec. (b) to add new Subdiv. (3) prohibiting the issuance of an eligibility certificate to an applicant who has been convicted as delinquent for the commission of a serious juvenile offense, renumbering the remaining Subdivs. accordingly, and to replace in Subdiv. (5) "hospital for mental illness" with "hospital for persons with psychiatric disabilities"; P.A. 99-212 amended Subsec. (b) to add new Subdiv. (7) prohibiting the issuance of an eligibility certificate to an applicant who is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice and hearing, renumbering remaining Subdiv. accordingly, and to make provisions gender neutral; P.A. 05-283 amended Subsec. (b) to add new Subdiv. (8) prohibiting the issuance of an eligibility certificate to an applicant who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922 (g)(4), and to redesignate existing Subdiv. (8) as Subdiv. (9).

      Sec. 29-36g. Application for eligibility certificate. Criminal history records check. Deadline for approval or denial of application. Form of certificate. Change of address. Confidentiality of name and address of certificate holder. Scope of certificate. (a) Requests for eligibility certificates under section 29-36f shall be submitted to the Commissioner of Public Safety on application forms prescribed by the commissioner. No eligibility certificate for a pistol or revolver shall be issued under the provisions of said section unless the applicant for such certificate gives to the Commissioner of Public Safety, upon the commissioner's request, full information concerning the applicant's criminal record and relevant information concerning the applicant's mental health history. The commissioner shall require each applicant to submit to state and national criminal history records checks. The commissioner shall take a full description of such applicant. The commissioner 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. The commissioner shall record the date the fingerprints were taken in the applicant's file and shall conduct criminal history records checks in accordance with section 29-17a. The commissioner shall, within sixty days of receipt of the national criminal history records check from the Federal Bureau of Investigation, either approve the application and issue the eligibility certificate or deny the application and notify the applicant of the reason for such denial in writing.

      (b) With respect to any application for an eligibility certificate filed with the Commissioner of Public Safety on or before July 1, 1995, the commissioner shall, not later than October 1, 1995, (1) approve the application and issue the eligibility certificate, (2) issue a temporary eligibility certificate or (3) deny the application and notify the applicant of the reason for such denial in writing. With respect to any application for an eligibility certificate filed with the Commissioner of Public Safety after July 1, 1995, the commissioner shall, within ninety days, (1) approve the application and issue the eligibility certificate, (2) issue a temporary eligibility certificate or (3) deny the application and notify the applicant of the reason for such denial in writing. A temporary certificate issued under this subsection shall be valid until such time as the commissioner either approves or denies the application.

      (c) An eligibility certificate for a pistol or revolver shall be of such form and content as the commissioner may prescribe, shall be signed by the certificate holder and shall contain an identification number, the name, address, place and date of birth, height, weight and eye color of the certificate holder and a full-face photograph of the certificate holder.

      (d) A person holding an eligibility certificate issued by the commissioner shall notify the commissioner within two business days of any change of his address. The notification shall include his old address and his new address.

      (e) Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued an eligibility certificate for a pistol or revolver under the provisions of section 29-36f 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, (2) the Commissioner of Public Safety may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33 for verification that such certificate 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.

      (f) An eligibility certificate for a pistol or revolver shall not authorize the holder thereof to carry a pistol or revolver upon his person in circumstances for which a permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28 is required under section 29-35.

      (July Sp. Sess. P.A. 94-1, S. 8; P.A. 98-129, S. 7; P.A. 01-175, S. 23, 32.)

      History: P.A. 98-129 amended Subsec. (e) to add new Subdiv. (3) authorizing the disclosure of such information to the Commissioner of Mental Health and Addiction Services to carry out the provisions of Sec. 17a-500(c); P.A. 01-175 amended Subsec. (a) by making technical changes and adding provisions re fingerprinting and state and national criminal history records checks in accordance with Sec. 29-17a, effective July 1, 2001.

      Sec. 29-36h. Fee for eligibility certificate. Expiration and renewal of eligibility certificate. (a) The fee for each eligibility certificate for a pistol or revolver originally issued under the provisions of section 29-36f shall be thirty-five dollars and for each renewal thereof thirty-five dollars, which fees shall be paid to the Commissioner of Public Safety. Upon deposit of such fees in the General Fund, the fees shall be credited to the appropriation to the Department of Public Safety to a separate nonlapsing account for the purposes of the issuance of eligibility certificates under said section.

      (b) An eligibility certificate originally issued under the provisions of section 29-36f, shall expire five years after the date it becomes effective and each renewal thereof shall expire five years after the expiration date of the certificate being renewed.

      (c) The renewal fee 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 certificate being renewed.

      (d) No fee or portion thereof paid under the provisions of this section for issuance or renewal of an eligibility certificate shall be refundable except if the eligibility certificate for which the fee or portion thereof was paid was not issued or renewed.

      (e) The Commissioner of Public Safety shall send a notice of the expiration of an eligibility certificate issued pursuant to section 29-36f, to the holder of such certificate, by first class mail, at the address of such person as shown by the records of the commissioner, not less than ninety days before such expiration, and shall enclose therein a form for the renewal of said certificate. An eligibility certificate issued pursuant to said section, shall be valid for a period of ninety days from the expiration date, except this provision shall not apply to any certificate which has been revoked or for which revocation is pending, pursuant to section 29-36i.

      (July Sp. Sess. P.A. 94-1, S. 9.)

      Sec. 29-36i. Revocation of eligibility certificate. (a) Any eligibility certificate for a pistol or revolver shall be revoked by the Commissioner of Public Safety upon the occurrence of any event which would have disqualified the holder from being issued the certificate pursuant to section 29-36f.

      (b) Upon the revocation of any eligibility certificate, the person whose eligibility certificate is revoked shall be notified in writing and such certificate shall be forthwith delivered to the Commissioner of Public Safety. Any person who fails to surrender such certificate within five days of notification in writing of revocation thereof shall be guilty of a class C misdemeanor.

      (July Sp. Sess. P.A. 94-1, S. 10.)

      Sec. 29-36j. Purchase or receipt of pistol or revolver without permit or eligibility certificate prohibited. Exceptions. Section 29-36j is repealed, effective October 1, 1999.

      (July Sp. Sess. P.A. 94-1, S. 12; P.A. 99-212, S. 22.)

      Sec. 29-36k. Transfer or surrender of firearms by persons ineligible to possess same. Penalty. (a) Not later than two business days after the occurrence of any event that makes a person ineligible to possess a pistol or revolver or other firearm, such person shall (1) transfer in accordance with section 29-33 all pistols and revolvers which such person then possesses to any person eligible to possess a pistol or revolver and transfer in accordance with any applicable state and federal laws all other firearms to any person eligible to possess such other firearms by obtaining an authorization number for the sale or transfer of the firearm from the Commissioner of Public Safety, and submit a sale or transfer of firearms form to said commissioner within two business days, or (2) deliver or surrender such pistols and revolvers and other firearms to the Commissioner of Public Safety. The commissioner shall exercise due care in the receipt and holding of such pistols and revolvers and other firearms.

      (b) Such person, or such person's legal representative, may, at any time up to one year after such delivery or surrender, transfer such pistols and revolvers in accordance with the provisions of section 29-33 to any person eligible to possess a pistol or revolver and transfer such other firearms in accordance with any applicable state and federal laws to any person eligible to possess such other firearms. Upon notification in writing by the transferee and such person, the Commissioner of Public Safety shall within ten days deliver such pistols and revolvers or other firearms to the transferee. If, at the end of such year, such pistols and revolvers or other firearms have not been so transferred, the commissioner shall cause them to be destroyed.

      (c) Any person who fails to transfer or surrender any such pistols and revolvers and other firearms as provided in this section shall be subject to the penalty provided for in section 53a-217 or 53a-217c.

      (July Sp. Sess. P.A. 94-1, S. 13; P.A. 02-120, S. 6.)

      History: P.A. 02-120 amended Subsec. (a) to make provisions applicable to a person ineligible to possess a firearm other than a pistol or revolver, adding in Subdiv. (1) the requirement that such person transfer in accordance with state and federal laws such other firearms to any person eligible to possess such other firearms by obtaining an authorization number from the Commissioner of Public Safety and submit a sale or transfer of firearms form to the commissioner within two business days and including in Subdiv. (2) the delivery or surrender of "other firearms", amended Subsec. (b) to make provisions applicable to "other firearms", to authorize the transfer of such other firearms in accordance with applicable state and federal laws to any person eligible to possess such other firearms and to make a technical change for purposes of gender neutrality and amended Subsec. (c) to make provisions applicable to the failure to transfer or surrender "other firearms" and to add reference to penalty in Sec. 53a-217, effective June 7, 2002.

      Sec. 29-36l. Verification of eligibility of persons to receive or possess firearms. State database. Instant criminal background check. Immunity of seller or transferor. Authorization number required. (a) The Commissioner of Public Safety shall establish a state database within one year of October 1, 1994, that any person, firm or corporation who sells or otherwise transfers pistols or revolvers 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, 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, is valid and has not been revoked or suspended.

      (b) Upon establishment of the database, the commissioner shall notify each person, firm or corporation holding a permit to sell at retail pistols or revolvers issued pursuant to subsection (a) of section 29-28 of the existence and purpose of the system and the means to be used to access the database.

      (c) The Department of Public Safety shall establish days and hours during which the telephone number or other electronic means shall be operational for purposes of responding to inquiries, taking into consideration the normal business hours of retail firearm businesses.

      (d) (1) The Department of Public Safety shall be the point of contact for initiating a background check through the National Instant Criminal Background Check System (NICS), established under section 103 of the Brady Handgun Violence Prevention Act, on individuals purchasing firearms.

      (2) The Department of Public Safety, Department of Mental Health and Addiction Services and Judicial Department shall, in accordance with state and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the state. The Department of Public Safety shall report the name, date of birth and physical description of any person prohibited from possessing a firearm pursuant to 18 USC 922(g) or (n) to the National Instant Criminal Background Check System Index, Denied Persons Files.

      (e) Any person, firm or corporation that contacts the Department of Public Safety to access the database established under this section and determine if a person is eligible to receive or possess a firearm shall not be held civilly liable for the sale or transfer of a firearm to a person whose receipt or possession of such firearm is unlawful or for refusing to sell or transfer a firearm to a person who may lawfully receive or possess such firearm if such person, firm or corporation relied, in good faith, on the information provided to such person, firm or corporation by said department, unless the conduct of such person, firm or corporation was unreasonable or reckless.

      (f) Any person, firm or corporation that sells, delivers or otherwise transfers any firearm pursuant to section 29-33 or 29-37a, shall contact the Department of Public Safety to access the database established under this section and receive an authorization number for such sale, delivery or transfer. The provisions of this subsection shall not apply to: (1) Any sale, delivery or transfer of an antique firearm manufactured in or before 1898, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or before 1898; (2) any sale, delivery or transfer of any replica of any firearm described in subdivision (1) of this subsection if such replica uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; (3) transactions between persons who are licensed as firearms importers or collectors, manufacturers or dealers pursuant to 18 USC 921 et seq.; (4) the transfer of firearms to and from gunsmiths for purposes of repair only; and (5) any sale, delivery or transfer of any firearm to any agency of the United States, the state of Connecticut or any local government.

      (July Sp. Sess. P.A. 94-1, S. 16; P.A. 99-212, S. 7; P.A. 05-283, S. 1.)

      History: P.A. 99-212 added Subsec. (c) re establishment of days and hours during which the telephone number or other electronic means shall be operational to respond to inquiries, added Subsec. (d) re designation of the Department of Public Safety as the point of contact for initiating background checks through the National Instant Criminal Background Check System, added Subsec. (e) re immunity of sellers and transferors who contact the Department of Public Safety to access the database and rely in good faith on the information provided and added Subsec. (f) re requirement that sellers and transferors contact the department to access the database and receive an authorization number and re exempt transactions; P.A. 05-283 amended Subsec. (d) to designate existing provisions as Subdiv. (1) and to add Subdiv. (2) re memorandum of understanding with the Federal Bureau of Investigation for purpose of implementing the National Instant Criminal Background Check System.

      Sec. 29-36m. Regulations. The Commissioner of Public Safety shall adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of sections 18-81i, 29-27, 29-28, subsection (a) of section 29-30, section 29-32, subsection (b) of section 29-32b, sections 29-33, 29-34, 29-36f to 29-36l, inclusive, subsection (a) of section 29-37, subsections (a) and (b) of section 53-202d and section 53a-217c.

      (July Sp. Sess. P.A. 94-1, S. 17.)

      Sec. 29-36n. Protocol concerning transfer or surrender of pistols and revolvers. (a) The Commissioner of Public Safety, in conjunction with the Chief State's Attorney and the Connecticut Police Chiefs Association, shall develop a protocol to ensure that persons who become ineligible to possess a pistol or revolver have, in accordance with section 29-36k, transferred such pistol or revolver to a person eligible to possess such pistol or revolver or have delivered or surrendered such pistol or revolver to said commissioner.

      (b) The Commissioner of Public Safety, in conjunction with the Chief State's Attorney and the Connecticut Police Chiefs Association, shall update the protocol developed pursuant to subsection (a) of this section to reflect the provisions of sections 29-7h, 29-28, 29-28a, 29-29, 29-30, 29-32 and 29-35, subsections (b) and (e) of section 46b-15, subsections (c) and (d) of section 46b-38c and sections 53-202a, 53-202l, 53-202m and 53a-217 and shall include in such protocol specific instructions for the transfer of pistols and revolvers when the assistance of more than one law enforcement agency is necessary to effect the requirements of section 29-36k.

      (P.A. 99-212, S. 10; P.A. 01-130, S. 14; P.A. 02-120, S. 2.)

      History: P.A. 01-130 designated existing provisions as Subsec. (a) and added Subsec. (b) re updating the protocol; P.A. 02-120 amended Subsec. (b) to require protocol to include specific instructions for transfer of pistols and revolvers when assistance of more than one law enforcement agency is necessary to effect the requirements of Sec. 29-36k.

      Sec. 29-37. Penalties. (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 nor 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.

      (1949 Rev., S. 4168; P.A. 81-222, S. 3; P.A. 88-128, S. 2; July Sp. Sess. P.A. 94-1, S. 15; July Sp. Sess. P.A. 94-2, S. 13; P.A. 97-56, S. 2.)

      History: P.A. 81-222 added Subsec. (b) establishing a mandatory one-year prison sentence for any person violating Sec. 29-35 unless the court finds mitigating circumstances, and requiring the court to state the mitigating circumstances or absence thereof in writing; P.A. 88-128 added Subsec. (c) to provide a penalty for any person violating Sec. 29-35(b); July Sp. Sess. P.A. 94-1 amended Subsec. (a) to delete reference to Sec. 29-33 because that same public act added revised penalty provisions for violations of Sec. 29-33 within that section itself; July Sp. Sess. P.A. 94-2 amended Subsec. (a) to delete reference to Sec. 29-34 because that same public act added penalty provisions for violations of Sec. 29-34 within that section itself; P.A. 97-56 amended Subsec. (a) to delete penalty provision for a violation of Sec. 29-36 because that same public act added penalty provision for violations of that section to Sec. 29-36 itself.

      Cited. 179 C. 576. Cited. 186 C. 654. Cited. 193 C. 7. Cited. 209 C. 322.

      Cited. 9 CA 169; judgment reversed, see 205 C. 370.

      Where offense lay not in failing to keep record of sale of gun but in failing to keep it in book and form prescribed by state police commissioner, minimum sentence of two years reduced to one year as too severe. 22 CS 25. Cited. 27 CS 275.

      Subsec. (b):

      Cited. 221 C. 315. Cited. 222 C. 718. Cited. 224 C. 546. Cited. 228 C. 234. Cited. 229 C. 125. Cited. 231 C. 43. Cited. 233 C. 813. Cited. 235 C. 397.

      Cited. 6 CA 402. Cited. 20 CA 137. Cited. 22 CA 321; Id., 507. Cited. 24 CA 408; Id., 685; Id., 692. Cited. 25 CA 433. Cited. 27 CA 263; Id., 403. Cited. 30 CA 26; Id., 68. Cited. 31 CA 614. Cited. 34 CA 223. Cited. 36 CA 805; Id., 831. Cited. 40 CA 151. Cited. 43 CA 252.

      Sec. 29-37a. Sale or delivery at retail of firearm other than pistol or revolver. Procedure. (a) No person, firm or corporation may deliver, 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 Public Safety, 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 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 that such application has been completed properly and has obtained an authorization number from the Commissioner of Public Safety for such sale, delivery or transfer. The Department of Public Safety 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 Public Safety shall immediately notify the person, firm or corporation to whom such application was made and no such firearm shall be sold or delivered to such applicant by such person, firm or corporation. When any firearm is delivered in connection with the 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.

      (b) 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 Public Safety 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, and shall retain one receipt, together with the original application, for at least five years. The waiting period specified in subsection (a) 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 permit to carry a pistol or revolver issued under the provisions of section 29-28 or a valid eligibility certificate issued under the provisions of section 29-36f, (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) antique firearms. For the purposes of this section, "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.

      (P.A. 90-340, S. 1; P.A. 99-212, S. 16; P.A. 00-99, S. 78, 154.)

      History: P.A. 99-212 inserted Subsec. indicators, amended Subsec. (a) to replace provision requiring that application be made in triplicate and that one copy be mailed to the police chief of the municipality within which the applicant resides or, where there is no chief of police, the first selectman or warden of such municipality and that one copy be mailed to the Commissioner of Public Safety with provision requiring that vendor attach the application to the federal sale or transfer document and file and retain it for at least twenty years or until such vendor goes out of business, to add requirement that the application be available for inspection during normal business hours by law enforcement officials, to make the waiting period run from the date of the application rather than the date of the mailing of the copies of the application, to prohibit the sale or delivery until the transferor has insured that the application has been completed properly and has obtained an authorization number, to require the Department of Public Safety to make every effort, including performing the national instant criminal background check, to determine if the applicant is eligible to receive the firearm, to replace provision requiring "such municipal authority or said commissioner, having knowledge of the conviction of such applicant of a felony," to immediately notify the transferor with provision requiring the Commissioner of Public Safety to immediately notify the transferor if "it is determined that the applicant is ineligible to receive such firearm", and amended Subsec. (b) to delete the requirement that the receipt contain the occupation of the purchaser, to replace requirement that the vendor mail two of the triplicate receipts to the Commissioner of Public Safety and retain the other receipt with the application for at least six years with requirement that the vendor send by mail or electronically transfer one receipt to said commissioner 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 and retain one receipt together with the original application for at least five years, to make the provisions of Subsec. (b) not apply to any federal marshal, sheriff, parole officer or peace officer, to make the transfers enumerated in Subdivs. (1) to (4), inclusive, subject to the provisions of Subsec. (a) other than the waiting period, to include in Subdiv. (1) the holder of a valid eligibility certificate and to replace in Subdiv. (3) "long rifles or shotguns" with "any firearm"; P.A. 00-99 deleted reference to sheriff in Subsec. (b), effective December 1, 2000.

      Sec. 29-37b. Retail dealer to equip pistols and revolvers with gun locking device and provide written warning at time of sale. Penalty. (a) Each person, firm or corporation which engages in the retail sale of any pistol or revolver, at the time of sale of any such pistol or revolver, shall (1) equip such pistol or revolver 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, and (2) provide to the purchaser thereof a written warning which shall state in block letters not less than one inch in height: "UNLAWFUL STORAGE OF A LOADED FIREARM MAY RESULT IN IMPRISONMENT OR FINE."

      (b) Each such person, firm or corporation shall conspicuously post and at all times display the warning specified in subsection (a) of this section in block letters not less than three inches in height.

      (c) Any person, firm or corporation which violates any provision of this section shall be fined not less than five hundred dollars for each violation.

      (P.A. 90-144, S. 3; P.A. 98-129, S. 2.)

      History: P.A. 98-129 amended Subsec. (a) to replace "firearm" with "pistol or revolver" where appearing, require the seller to equip the pistol or revolver with the lock or device rather than to provide the lock or device to the purchaser and require that the lock or device be reusable, be constructed of material sufficiently strong to prevent it from being easily disabled and have a locking mechanism accessible by key or other accessory to prevent unauthorized removal, and amended Subsec. (b) to delete requirement that the warning be displayed at each service counter.

      Cited. 242 C. 211.

      Sec. 29-37c. Transferred to Sec. 29-37i.

      Sec. 29-37d. Firearms dealer to install burglar alarm system on premises of its establishment. Exceptions. On and after July 1, 1993, each business organization which engages in the retail sale of firearms, as defined in section 53a-3, as a regular course of trade or business, shall have a burglar alarm system installed on the premises of its establishment in which ten or more firearms are stored and kept for sale. Such alarm system shall be directly connected to the local police department or monitored by a central station and shall activate upon unauthorized entry or interruption to such system. For the purposes of this section, "business organization" means a sole proprietorship, partnership, firm, corporation or other form of business or legal entity. The provisions of this section shall not apply to any person who (1) sells or exchanges a firearm for the enhancement of a personal collection or as a hobby, (2) sells all or part of a personal collection of firearms, or (3) sells firearms from his own residence and keeps for sale not more than ten firearms.

      (P.A. 92-48.)

      Sec. 29-37e. False statement or information in connection with sale or transfer of firearm other than pistol or revolver prohibited. (a) No person shall make any false statement or give any false information connected with any purchase, sale, delivery or other transfer of any firearm other than a pistol or revolver. Any person violating any provision of this subsection shall be guilty of a class D felony.

      (b) Any firearm found in the possession of any person in violation of this section shall be forfeited.

      (P.A. 99-212, S. 4.)

      Sec. 29-37f. Qualifications of retail store employees who sell firearms. No person, firm or corporation that engages in the retail sale of goods, where the principal part of such trade or business is the retail sale of goods other than firearms, shall employ a person to sell firearms in a retail store unless such person (1) is at least eighteen years of age, (2) has submitted to state and national criminal history records checks and such checks indicate that such person has not been convicted of a felony or a violation specified in subdivision (2) of subsection (b) of section 29-36f, and (3) has successfully completed a course or testing approved by the Commissioner of Public Safety in firearms safety and statutory procedures relating to the sale of firearms. The sale of firearms by such person, firm or corporation shall be accomplished only by an employee qualified pursuant to this section. Any employer who employs a person to sell firearms in violation of the provisions of this section shall be liable for a civil penalty of not more than ten thousand dollars per day for each violation. The Attorney General shall institute a civil action to recover such penalty.

      (P.A. 99-212, S. 6.)

      Sec. 29-37g. Gun show requirements. (a) For the purposes of this section, (1) "gun show" means any event (A) at which fifty or more firearms are offered or exhibited for sale, transfer or exchange to the public and (B) at which two or more persons are exhibiting one or more firearms for sale, transfer or exchange to the public; and (2) "gun show promoter" means any person who organizes, plans, promotes or operates a gun show.

      (b) Not later than thirty days before commencement of a gun show, the gun show promoter shall notify 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 gun show is to take place of the date, time, duration and location of the gun show.

      (c) No person, firm or corporation shall sell, deliver or otherwise transfer a firearm at a gun show until such person, firm or corporation has complied with the provisions of section 29-36l.

      (P.A. 99-212, S. 17.)

      Sec. 29-37h. Reserved for future use.

      Sec. 29-37i. (Formerly Sec. 29-37c). Responsibilities re storage of loaded firearms with respect to minors. No person shall store or keep any loaded firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person (1) keeps the firearm in a securely locked box or other container or in a location which a reasonable person would believe to be secure or (2) carries the firearm on his person or within such close proximity thereto that he can readily retrieve and use it as if he carried it on his person. For the purposes of this section, "minor" means any person under the age of sixteen years.

      (P.A. 90-144, S. 1.)

      History: Sec. 29-37c transferred to Sec. 29-37i in 1993.

      See Sec. 52-571g re strict liability for unsafe storage of firearm.

      See Sec. 53a-217a re criminally negligent storage of firearm.

      Cited. 242 C. 211.

      Sec. 29-37j. Purchase of firearm with intent to transfer it to person prohibited from purchasing or possessing. (a) Any person who purchases a firearm, as defined in section 53a-3, pursuant to section 29-33 or 29-37a with the intent to transfer such firearm to any other person who the transferor knows or has reason to believe is prohibited from purchasing or otherwise receiving such a firearm pursuant to section 29-33 or 29-37a shall be fined not more than one thousand dollars or imprisoned not more than five years or both.

      (b) Any person prohibited from purchasing or otherwise receiving or possessing a firearm and who solicits, employs or assists any person in violating the provisions of subsection (a) of this section shall be guilty of a class B misdemeanor. If the violation of subsection (a) of this section involves a transfer of more than one firearm, such person shall be guilty of a class A misdemeanor. Each transfer shall constitute a separate offense.

      (c) Any person convicted of violating the provisions of subsection (a) or (b) of this section and who was convicted of a felony within the prior five-year period shall be guilty of a class D felony.

      (P.A. 93-306, S. 13.)

      Sec. 29-38. Weapons in vehicles. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28 or any machine gun which has not been registered as required by section 53-202, shall be fined not more than one thousand dollars or imprisoned not more than five years or both, and the presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall be prima facie evidence of a violation of this section by the owner, operator and each occupant thereof. The word "weapon", as used in this section, means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or over in length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument.

      (b) The provisions of this section shall not apply to: (1) Any officer charged with the preservation of the public peace while engaged in the pursuit of such officer's official duties; (2) any security guard having a baton or nightstick in a vehicle while engaged in the pursuit of such guard's official duties; (3) any person enrolled in and currently attending a martial arts school, with official verification of such enrollment and attendance, or any certified martial arts instructor, having any such martial arts weapon in a vehicle while traveling to or from such school or to or from an authorized event or competition; (4) any person having a BB. gun in a vehicle provided such weapon is unloaded and stored in the trunk of such vehicle or in a locked container other than the glove compartment or console; and (5) any person having a knife, the edged portion of the blade of which is four inches or over in length, in a vehicle if such person is (A) any 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 this state, as defined in section 27-2, when on duty or going to or from duty, (B) any member of any military organization when on parade or when going to or from any place of assembly, (C) any person while transporting such knife as merchandise or for display at an authorized gun or knife show, (D) any person while lawfully removing such person's household goods or effects from one place to another, or from one residence to another, (E) any person while actually and peaceably engaged in carrying any such knife from such person's place of abode or business to a place or person where or by whom such knife is to be repaired, or while actually and peaceably returning to such person's place of abode or business with such knife after the same has been repaired, (F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any salt water fisherman while having such knife in a vehicle for lawful hunting, fishing or trapping activities, or (G) any person participating in an authorized historic reenactment.

      (1949 Rev., S. 4169; 1953, S. 2133d; P.A. 86-280, S. 1; P.A. 87-220, S. 2; P.A. 98-129, S. 11; June Sp. Sess. P.A. 98-1, S. 120, 121; P.A. 99-212, S. 14.)

      History: P.A. 86-280 included martial arts weapons in definition of weapon and added exception for persons enrolled in and attending a martial arts school while traveling to and from such school; P.A. 87-220 made technical changes and deleted provision including "nunchaku and chinese stars" within meaning of a martial arts weapon since weapons are already included in referenced definition of Sec. 53a-3; P.A. 98-129 deleted reference to a permit for a weapon issued pursuant to Sec. 53-206, redefined "weapon" to add BB. gun and electronic defense weapon and exclude sand bag and slung shot and added exception permitting certain individuals to have a knife with a blade of four inches or more in a vehicle; June Sp. Sess. P.A. 98-1 repealed Sec. 11 of P.A. 98-129, thereby nullifying the changes in P.A. 98-129, effective June 24, 1998; P.A. 99-212 inserted Subsec. indicators, amended Subsec. (a) to delete reference to a permit for a weapon issued pursuant to Sec. 53-206, redefined "weapon" to add BB. gun, police baton or nightstick and electronic defense weapon and delete slung shot and sand bag, rephrased and repositioned provisions and made provisions gender neutral and amended Subsec. (b) to add Subdiv. (1) re exception for officer charged with preservation of public peace, add Subdiv. (2) re exception for security guard having a baton or nightstick in vehicle, designate existing exception for martial arts students as Subdiv. (3) and amend said Subdiv. to include any certified martial arts instructor and include having martial arts weapon in vehicle while traveling to or from an authorized event or competition, add Subdiv. (4) re exception for any person having BB. gun that is unloaded and secured in vehicle and add Subdiv. (5) re exception for certain persons having knife with a blade of four inches or more in vehicle under certain circumstances.

      After defendant's loaded revolver was removed from his waistband while he was seated in his car after midnight in a high crime area, officer justified in seizure and arrest of defendant under the circumstances of speedy information by informant. 157 C. 114. Search of defendant's car, upon his arrest for breach of the peace, which yielded weapon was incidental to his arrest and properly made. Id., 222. Cited. 163 C. 176. This section has the effect of placing the burden of proof on alleged violators constituting a denial of due process and is therefore invalid. 165 C. 577, 597. Cited. 170 C. 81. State must prove beyond reasonable doubt that proper permit had not been issued, since that is essential element of the crime. Id., 234. Cited. 172 C. 21; Id., 94. Cited. 174 C. 22; Id., 405. Cited. 178 C. 534. Cited. 179 C. 516. Cited. 183 C. 148. Cited. 188 C. 406. Cited. 189 C. 35. Cited. 190 C. 259. Cited. 193 C. 7. Cited. 195 C. 668. Cited. 197 C. 358. Cited. 201 C. 190. Cited. 205 C. 262; Id., 370. Cited. 207 C. 565. Cited. 209 C. 98. Cited. 211 C. 258. Cited. 217 C. 73. Cited. 222 C. 718. Cited. 225 C. 650. Cited. 227 C. 363. Cited. 233 C. 215. Cited. 237 C. 348. Cited. 239 C. 56. Cited. 240 C. 489. If defendant knowingly has item in a vehicle and intentionally uses that item in a manner capable of causing serious physical injury, the elements of section have been met, regardless of whether he had a prior intent to do so. 271 C. 785. When item that defendant is charged with having in the vehicle is an otherwise legal item and did not become a dangerous instrument within meaning of section until it was used in self-defense, defendant may raise Sec. 53a-19 as a defense. Id.

      Cited. 7 CA 95. Cited. 9 CA 169; judgment reversed, see 205 C. 370; Id., 330. Cited. 10 CA 395. Cited. 11 CA 11; Id., 251; Id., 621. Cited. 12 CA 268. Cited. 13 CA 76; Id., 288. Cited. 15 CA 305. Cited. 17 CA 243; Id., 556. Cited. 19 CA 48. Cited. 21 CA 299. Cited. 23 CA 602. Cited. 25 CA 181; Id., 433. Cited. 30 CA 9; Id., 232. Cited. 38 CA 434. Cited. 45 CA 110. Elements discussed. 47 CA 586. Statute does not require state to prove that defendant possessed the knife in the vehicle; it is sufficient for state to prove beyond a reasonable doubt that defendant knew the knife was in the vehicle. 63 CA 228. Is not a crime to have a hammer in a motor vehicle unless it is intended to be used as a dangerous instrument or for some other illicit purpose. 70 CA 855.

      Separate and distinct crime from the carrying of dangerous weapons on the person. 10 CS 272. Cited. 22 CS 173; Id., 201. Cited. 23 CS 82. Cited. 35 CS 659.

      Cited. 5 Conn. Cir. Ct. 119.

      Sec. 29-38a. Out-of-state purchase or acquisition of rifles or shotguns. Section 29-38a is repealed, effective October 1, 1999.

      (1971, P.A. 400, S. 1, 2; P.A. 99-212, S. 22.)

      Sec. 29-38b. Determination of commitment status of person who applies for or seeks renewal of firearm permit or certificate. Report on status of application. (a) The Commissioner of Public Safety, in fulfilling his obligations under sections 29-28 to 29-38, inclusive, and section 53-202d, 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 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.

      (b) If the Commissioner of Public Safety 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 to the Commissioner of Mental Health and Addiction Services for the purpose of fulfilling his responsibilities under subsection (c) of section 17a-500.

      (P.A. 98-129, S. 19.)

      History: (Revisor's note: A reference to repealed section "29-38a" in Subsec. (a) was replaced editorially by the Revisors with a reference to section "29-38".)

      Sec. 29-38c. Seizure of firearms of person posing risk of imminent personal injury to self or others. (a) Upon complaint on oath by any state's attorney or assistant state's attorney or by any two police officers, to any judge of the Superior Court, that such state's attorney or police officers have probable cause to believe that (1) a person poses a risk of imminent personal injury to himself or herself or to other individuals, (2) such person possesses one or more firearms, and (3) such firearm or firearms are within or upon any place, thing or person, such judge may issue a warrant commanding a proper officer to enter into or upon such place or thing, search the same or the person and take into such officer's custody any and all firearms. Such state's attorney or police officers shall not make such complaint unless such state's attorney or police officers have conducted an independent investigation and have determined that such probable cause exists and that there is no reasonable alternative available to prevent such person from causing imminent personal injury to himself or herself or to others with such firearm.

      (b) A warrant may issue only on affidavit sworn to by the complainant or complainants before the judge and establishing the grounds for issuing the warrant, which affidavit shall be part of the seizure file. In determining whether grounds for the application exist or whether there is probable cause to believe they exist, the judge shall consider: (1) Recent threats or acts of violence by such person directed toward other persons; (2) recent threats or acts of violence by such person directed toward himself or herself; and (3) recent acts of cruelty to animals as provided in subsection (b) of section 53-247 by such person. In evaluating whether such recent threats or acts of violence constitute probable cause to believe that such person poses a risk of imminent personal injury to himself or herself or to others, the judge may consider other factors including, but not limited to (A) the reckless use, display or brandishing of a firearm by such person, (B) a history of the use, attempted use or threatened use of physical force by such person against other persons, (C) prior involuntary confinement of such person in a hospital for persons with psychiatric disabilities, and (D) the illegal use of controlled substances or abuse of alcohol by such person. If the judge is satisfied that the grounds for the application exist or that there is probable cause to believe that they exist, such judge shall issue a warrant naming or describing the person, place or thing to be searched. The warrant shall be directed to any police officer of a regularly organized police department or any state police officer. It shall state the grounds or probable cause for its issuance and it shall command the officer to search within a reasonable time the person, place or thing named for any and all firearms. A copy of the warrant shall be given to the person named therein together with a notice informing the person that such person has the right to a hearing under this section and the right to be represented by counsel at such hearing.

      (c) The applicant for the warrant shall file a copy of the application for the warrant and all affidavits upon which the warrant is based with the clerk of the court for the geographical area within which the search will be conducted no later than the next business day following the execution of the warrant. Prior to the execution and return of the warrant, the clerk of the court shall not disclose any information pertaining to the application for the warrant or any affidavits upon which the warrant is based. The warrant shall be executed and returned with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all firearms seized.

      (d) Not later than fourteen days after the execution of a warrant under this section, the court for the geographical area where the person named in the warrant resides shall hold a hearing to determine whether the seized firearms should be returned to the person named in the warrant or should continue to be held by the state. At such hearing the state shall have the burden of proving all material facts by clear and convincing evidence. If, after such hearing, the court finds by clear and convincing evidence that the person poses a risk of imminent personal injury to himself or herself or to other individuals, it may order that the firearm or firearms seized pursuant to the warrant issued under subsection (a) of this section continue to be held by the state for a period not to exceed one year, otherwise the court shall order the seized firearm or firearms to be returned to the person named in the warrant. If the court finds that the person poses a risk of imminent personal injury to himself or herself or to other individuals, it shall give notice to the Department of Mental Health and Addiction Services which may take such action pursuant to chapter 319i as it deems appropriate.

      (e) Any person whose firearm or firearms have been ordered seized pursuant to subsection (d) of this section, or such person's legal representative, may transfer such firearm or firearms in accordance with the provisions of section 29-33 or other applicable state or federal law, to any person eligible to possess such firearm or firearms. Upon notification in writing by such person, or such person's legal representative, and the transferee, the head of the state agency holding such seized firearm or firearms shall within ten days deliver such firearm or firearms to the transferee.

      (P.A. 99-212, S. 18.)

      Sec. 29-38d. Interstate transportation of firearms through state. (a) The provisions of sections 29-35 and 29-38 shall not apply to the interstate transportation of firearms through this state in accordance with 18 USC 926A and 927, as amended from time to time, by any person who is not otherwise prohibited from shipping, transporting, receiving or possessing a firearm. Such person may transport a firearm for any lawful purpose from any place where such person may lawfully possess and carry such firearm through this state to any other place where such person may lawfully possess and carry such firearm provided such transportation is in accordance with subsection (b) of this section.

      (b) During the transportation of a firearm through this state as authorized in subsection (a) of this section, such firearm shall be unloaded and neither such firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, such firearm shall be unloaded and such firearm and any ammunition being transported shall be contained in a locked container other than the glove compartment or console.

      (c) No person who is transporting a firearm through this state in accordance with this section may use or carry such firearm or sell, deliver or otherwise transfer such firearm while in this state.

      (P.A. 99-212, S. 3.)

      Sec. 29-38e. State-wide firearms trafficking task force. Composition. Duties. (a) There shall be within the Division of State Police, within the Department of Public Safety, a state-wide firearms trafficking task force for the effective cooperative enforcement of the laws of this state concerning the distribution and possession of firearms.

      (b) The task force shall be comprised of municipal and state law enforcement officers and may include federal law enforcement officers. Such task force shall be authorized to conduct any investigation authorized by this section at any place within the state as may be deemed necessary.

      (c) The task force may request and may receive from any federal, state or local agency, cooperation and assistance in the performance of its duties, including the temporary assignment of personnel which may be necessary to carry out the performance of its functions.

      (d) The task force may enter into mutual assistance and cooperation agreements with other states pertaining to firearms law enforcement matters extending across state boundaries, and may consult and exchange information and personnel with agencies of other states with reference to firearms law enforcement problems of mutual concern.

      (e) The Commissioner of Public Safety may appoint a commanding officer and such other personnel as the commissioner deems necessary for the duties of the task force, within available appropriations.

      (f) The task force shall: (1) Review the problem of illegal trafficking in firearms and its effects, including its effects on the public, and implement solutions to address the problem; (2) identify persons illegally trafficking in firearms and focus resources to prosecute such persons; (3) track firearms which were sold or distributed illegally and implement solutions to remove such firearms from persons illegally in possession of them; and (4) coordinate its activities with other law enforcement agencies within and without the state.

      (P.A. 00-192, S. 40, 102.)

      History: P.A. 00-192 effective July 1, 2000.

      Sec. 29-38f. State-Wide Firearms Trafficking Task Force Policy Board. Composition. Duties. (a) There shall be a State-Wide Firearms Trafficking Task Force Policy Board within the Division of State Police, within the Department of Public Safety, for administrative purposes only, consisting of the Commissioner of Public Safety, the Chief State's Attorney, the agent in Connecticut in charge of the federal Bureau of Alcohol, Tobacco and Firearms, the president of the Connecticut Police Chiefs Association and five chiefs of police designated by said association, each to serve for a term of one year, provided one such chief of police shall be from a municipality with a population of one hundred thousand or more.

      (b) The policy board shall direct the formulation of policies and operating procedures of the task force.

      (c) The policy board may apply for and administer any federal, state, local or private appropriations or grant funds made available for the operation of the task force.

      (d) The receipts from the sale of seized firearms pursuant to section 54-36e shall be deposited in the General Fund and credited to a separate, nonlapsing forfeit firearms account which shall be established by the Comptroller. All moneys in the account are deemed to be appropriated and shall be expended for the purposes established in section 29-38e.

      (P.A. 00-192, S. 41, 102.)

      History: P.A. 00-192 effective July 1, 2000 (Revisor's note: In Subsec. (d), a reference to "section 1 of this act" was deemed by the Revisors to be a reference to "section 40 of this act" and codified as "section 29-38e", for accuracy).

      See Sec. 4-38f for definition of "administrative purposes only".