House Bill No. 7501
House Bill No. 7501
July Special Session, PUBLIC ACT NO. 94-1
AN ACT CONCERNING THE SALE, TRANSFER AND
POSSESSION OF PISTOLS AND REVOLVERS, THE
POSSESSION OF ASSAULT WEAPONS AND THE STORAGE OF
FIREARMS AND WEAPONS BY THE DEPARTMENT OF
CORRECTION.
Section 1. Section 29-33 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person, firm or corporation shall sell,
[at retail,] deliver or otherwise transfer any
pistol or revolver to any [alien] PERSON WHO IS
PROHIBITED FROM POSSESSING A PISTOL OR REVOLVER AS
PROVIDED IN SECTION 3 OF THIS ACT.
(b) No person, firm or corporation shall SELL,
deliver OR OTHERWISE TRANSFER any pistol or
revolver [at retail] except upon written
application on a form prescribed and furnished by
the commissioner of public safety. [, in
triplicate, one copy of which shall be mailed]
SUCH PERSON, FIRM OR CORPORATION SHALL SEND ONE
COPY OF SUCH APPLICATION by first class mail on
the day of receipt of such application to 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,
and ONE COPY to the commissioner of public safety,
and [no] SHALL RETAIN THE APPLICATION FOR AT LEAST
FIVE YEARS. 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, [or] delivery OR OTHER TRANSFER of any
pistol or revolver shall be made until the
expiration of two weeks from the date of the
mailing of such copies. Any such municipal
authority or said commissioner [, having knowledge
of the conviction of such applicant of a felony]
SHALL 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 3 OF THIS ACT AND,
IF SUCH MUNICIPAL AUTHORITY OR SAID COMMISSIONER
DETERMINES THE EXISTENCE OF SUCH A REASON, shall
forthwith notify the person, firm or corporation
to whom such application was made and no pistol or
revolver shall be by him or it sold, [or]
delivered OR OTHERWISE TRANSFERRED to such
applicant.
(c) When any pistol or revolver is SOLD,
delivered [in connection with the sale or
purchase] OR OTHERWISE TRANSFERRED, such pistol or
revolver shall be enclosed in a package, the paper
or wrapping of which shall be securely fastened,
and no pistol or revolver when SOLD, delivered [on
any sale or purchase] OR OTHERWISE TRANSFERRED
shall be loaded or contain therein any gunpowder
or other explosive or any bullet, ball or shell.
(d) Upon the SALE, delivery OR OTHER TRANSFER
of any pistol or revolver, the [purchaser] PERSON
MAKING THE PURCHASE OR TO WHOM THE SAME IS
DELIVERED OR TRANSFERRED shall sign [in
quadruplicate] a receipt for such pistol or
revolver which shall contain the name, address and
occupation of such [purchaser] PERSON, the date of
sale, THE caliber, make, model and manufacturer's
number and a general description [thereof] 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, AS AMENDED BY SECTION 1 OF PUBLIC
ACT 93-172 AND SECTION 4 OF THIS ACT, PERMIT TO
SELL AT RETAIL PISTOLS OR REVOLVERS, ISSUED
PURSUANT TO SUBSECTION (a) OF SECTION 29-28, AS
AMENDED BY SECTION 1 OF PUBLIC ACT 93-172 AND
SECTION 4 OF THIS ACT, OR ELIGIBILITY CERTIFICATE
FOR A PISTOL OR REVOLVER, ISSUED PURSUANT TO
SECTION 7 OF THIS ACT, IF ANY, AND THE
AUTHORIZATION NUMBER DESIGNATED FOR THE TRANSFER
BY THE DEPARTMENT OF PUBLIC SAFETY. [Two of such
quadruplicate receipts shall, within twenty-four
hours thereafter, be mailed by first class mail by
the vendor of such pistol or revolver to the
commissioner of public safety and one to the
authority issuing the permit for the sale of such
pistol or revolver and the other, together with
the original application, shall be retained by
such vendor for at least six years] 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,
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 SALE, DELIVERY OR
OTHER TRANSFER TOOK PLACE.
(e) The waiting period [herein] specified IN
THIS SECTION during which A SALE, delivery OR
OTHER TRANSFER may not be made shall not apply to
the holder of a valid state permit to carry
pistols and revolvers [, nor] ISSUED PURSUANT TO
SUBSECTION (b) OF SECTION 29-28, AS AMENDED BY
SECTION 1 OF PUBLIC ACT 93-172 AND SECTION 4 OF
THIS ACT, TO THE HOLDER OF A VALID PERMIT TO SELL
AT RETAIL PISTOLS AND REVOLVERS ISSUED PURSUANT TO
SUBSECTION (a) OF SECTION 29-28, AS AMENDED BY
SECTION 1 OF PUBLIC ACT 93-172 AND SECTION 4 OF
THIS ACT, TO THE HOLDER OF A VALID ELIGIBILITY
CERTIFICATE FOR A PISTOL OR REVOLVER ISSUED BY THE
COMMISSIONER OF PUBLIC SAFETY PURSUANT TO SECTION
7 OF THIS ACT, OR to any federal marshal, sheriff,
parole officer or peace officer. PRIOR TO THE
SALE, DELIVERY OR OTHER TRANSFER OF A PISTOL OR
REVOLVER TO THE HOLDER OF SUCH PERMIT OR
CERTIFICATE, SUCH PERSON, FIRM OR CORPORATION
SHALL VERIFY WITH THE ISSUING AUTHORITY THAT SUCH
PERMIT OR CERTIFICATE IS STILL VALID AND HAS NOT
BEEN SUSPENDED OR REVOKED.
(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 OFFICE
OF ADULT PROBATION 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 OFFICE OF ADULT PROBATION 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.
Sec. 2. Section 29-34 of the general statutes
is repealed and the following is substituted in
lieu thereof:
No person shall make any false statement or
give any false information connected with any
purchase, sale, [or] delivery OR OTHER TRANSFER of
any pistol or revolver. [, and no] NO person shall
sell, barter, hire, lend, give, [or] deliver OR
OTHERWISE TRANSFER to any [minor] PERSON under the
age of [eighteen] 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.
Sec. 3. (NEW) (a) A person is guilty of
criminal possession of a pistol or revolver when
he possesses a pistol or revolver, as defined in
section 29-27 of the general statutes, as amended
by section 14 of this act, and (1) 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 of the general
statutes, (2) 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 of the general statutes, (3) has been
confined in a hospital for mental illness, as
defined in section 17a-495 of the general
statutes, within the preceding twelve months by
order of a probate court, (4) knows that he is
subject to a restraining or protective order
issued by a court, after notice and an opportunity
to be heard has been provided to such person, in a
case involving the use, attempted use or
threatened use of physical force against another
person or (5) is an alien illegally or unlawfully
in the United States. For the purposes of this
section, "convicted" means having a judgment of
conviction entered by a court of competent
jurisdiction.
(b) Criminal possession of a pistol or
revolver is a class D felony.
Sec. 4. Section 29-28 of the general statutes,
as amended by section 1 of public act 93-172, is
repealed and the following is substituted in lieu
thereof:
(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 his possession with intent to
sell or deliver, any pistol or revolver at retail
without having a permit therefor issued as
hereinafter provided. 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 7 OF THIS ACT OR A VALID 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 his
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 or upon the
application of any bona fide resident of the
United States having a permit or license to carry
any firearm issued by the authority of any state
or subdivision of the United States, such chief of
police, warden or selectman may issue a permit to
such person to carry a pistol or revolver within
the jurisdiction of the authority issuing the
same, provided such authority shall find that such
applicant intends to make no use of any pistol or
revolver which he may be permitted to carry
thereunder other than a lawful use and that such
person is a suitable person to receive such
permit. NO 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
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, (4) HAS BEEN CONFINED
IN A HOSPITAL FOR MENTAL ILLNESS, AS DEFINED IN
SECTION 17a-495, WITHIN THE PRECEDING TWELVE
MONTHS BY ORDER OF A PROBATE COURT, (5) 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 OR (6) IS AN ALIEN ILLEGALLY OR
UNLAWFULLY IN THE UNITED STATES. NOTHING IN THIS
SECTION SHALL REQUIRE ANY PERSON WHO HOLDS A VALID
PERMIT TO CARRY A PISTOL OR REVOLVER ON THE
EFFECTIVE DATE OF THIS ACT TO PARTICIPATE IN ANY
ADDITIONAL TRAINING IN THE SAFETY AND USE OF
PISTOLS AND REVOLVERS. Said commissioner may, upon
application, issue, to any holder of any such
permit, a permit to carry a pistol or revolver
within the state. Each permit to carry any pistol
or revolver shall be issued in triplicate and one
of the copies issued by said commissioner shall be
delivered to the person to whom issued, one shall
be delivered forthwith to the authority issuing
the local permit and one shall be retained by said
commissioner, and the local authority issuing any
such permit shall forthwith deliver one of such
copies to the person to whom issued and one copy
to said commissioner and shall retain one of such
copies. The copy of the state permit delivered to
the permittee shall be laminated and shall contain
a full-face photograph of such permittee. [No
permit for carrying a pistol or revolver shall be
issued to an alien under the provisions of this
subsection.] A PERSON HOLDING A PERMIT ISSUED
PURSUANT TO THIS SUBSECTION SHALL NOTIFY THE
ISSUING AUTHORITY WITHIN TWO BUSINESS DAYS OF ANY
CHANGE OF HIS ADDRESS. THE NOTIFICATION SHALL
INCLUDE HIS OLD ADDRESS AND HIS NEW ADDRESS.
[(b)] (c) No issuing authority may require any
sworn member of the department of public safety or
an organized local police department to furnish
his 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 on May 26, 1992, issued by such
authority, to revise his application to include
his business or post office address in lieu of his
residence address. The issuing authority shall
notify each such member of his right to revise
such application.
(d) NOTWITHSTANDING THE PROVISIONS OF SECTIONS
1-19 AND 1-19a, 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 PERMIT TO CARRY PISTOLS AND REVOLVERS
PURSUANT TO SUBSECTION (b) OF THIS SECTION, SHALL
BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED, EXCEPT
(1) SUCH INFORMATION MAY BE DISCLOSED TO LAW
ENFORCEMENT OFFICIALS ACTING IN THE PERFORMANCE OF
THEIR DUTIES AND (2) AN ISSUING AUTHORITY MAY
DISCLOSE SUCH INFORMATION TO THE EXTENT NECESSARY
TO COMPLY WITH A REQUEST MADE PURSUANT TO SECTION
29-33, AS AMENDED BY SECTION 1 OF THIS ACT, FOR
VERIFICATION THAT SUCH PERMIT IS STILL VALID AND
HAS NOT BEEN SUSPENDED OR REVOKED.
Sec. 5. Subsection (a) of section 29-30 of the
general statutes, as amended by section 2 of
public act 93-172, is repealed and the following
is substituted in lieu thereof:
(a) The fee for each permit originally issued
under the provisions of SUBSECTION (a) OF section
29-28, [whether for the sale at retail of pistols
and revolvers or for the carrying of pistols and
revolvers, shall be thirty-five dollars and for
each renewal thereof thirty-five dollars, which]
AS AMENDED BY SECTION 1 OF PUBLIC ACT 93-172 AND
SECTION 4 OF THIS ACT, 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 PERMIT ORIGINALLY ISSUED UNDER
THE PROVISIONS OF SUBSECTION (b) OF SECTION 29-28,
AS AMENDED BY SECTION 1 OF PUBLIC ACT 93-172 AND
SECTION 4 OF THIS ACT, FOR THE CARRYING OF PISTOLS
AND REVOLVERS SHALL BE THIRTY-FIVE DOLLARS AND FOR
EACH RENEWAL THEREOF THIRTY-FIVE DOLLARS. SUCH
fees shall be paid to the authority issuing the
same and by him to the municipality wherein issued
or the state, as the case may be. Upon deposit of
such fees in the general fund, ten dollars of each
fee shall be credited WITHIN THIRTY DAYS to the
appropriation to the department of public safety
[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, as amended by
section 1 of this act] TO A SEPARATE NONLAPSING
ACCOUNT FOR THE PURPOSES OF THE ISSUANCE OF
PERMITS UNDER SUBSECTIONS (a) AND (b) OF SECTION
29-28, AS AMENDED BY SECTION 1 OF PUBLIC ACT
93-172 AND SECTION 4 OF THIS ACT.
Sec. 6. Section 29-32 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Any permit for the carrying of any pistol or
revolver 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, AS AMENDED BY SECTION 4 OF THIS ACT, OR
UPON THE OCCURRENCE OF ANY EVENT WHICH WOULD HAVE
DISQUALIFIED THE HOLDER FROM BEING ISSUED THE
PERMIT PURSUANT TO SUBSECTION (b) OF SECTION
29-28, AS AMENDED BY SECTION 4 OF THIS ACT. For
the purposes of this section, "conviction" means
the entry of a judgment of conviction by any court
of competent jurisdiction. Upon the revocation of
any permit, the person whose 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 of public safety and, upon
the revocation of any permit issued by said
commissioner, he shall forthwith notify the
authority issuing such local permit, if any, which
the records of said commissioner show as having
issued a currently valid permit to the holder of
the revoked state permit. Any person who fails to
surrender such permit within five days of
notification in writing of revocation thereof
shall be guilty of a class C misdemeanor.
Sec. 7. (NEW) (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 he 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 of
the general statutes;
(3) 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 of the
general statutes;
(4) Has been confined in a hospital for mental
illness, as defined in section 17a-495 of the
general statutes, within the preceding twelve
months by order of a probate court;
(5) 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; or
(6) Is an alien illegally or unlawfully in the
United States.
Sec. 8. (NEW) (a) Requests for eligibility
certificates under section 7 of this act 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
section 7 of this act unless the applicant for the
same gives to the commissioner of public safety,
upon his request, full information concerning the
applicant's criminal record and relevant
information concerning the applicant's mental
health history, and the commissioner shall
thereupon take a full description and the
fingerprints of such applicant. The commissioner
shall record the date the fingerprints were taken
in the applicant's file and shall forward such
fingerprints to the Federal Bureau of
Investigation for a national criminal history
records check and to the state police bureau of
identification for a state criminal history
records check. 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
1-19 and 1-19a of the general statutes, the name
and address of a person issued an eligibility
certificate for a pistol or revolver under the
provisions of section 7 of this act 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 and (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 of the general statutes, as
amended by section 1 of this act, for verification
that such certificate is still valid and has not
been suspended or revoked.
(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 of the general statutes, as amended
by section 1 of public act 93-172 and section 4 of
this act, is required under section 29-35 of the
general statutes.
Sec. 9. (NEW) (a) The fee for each eligibility
certificate for a pistol or revolver originally
issued under the provisions of section 7 of this
act 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
section 7 of this act.
(b) An eligibility certificate originally
issued under the provisions of section 7 of this
act, 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 7 of this
act, 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 section 7 of this act, 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 10 of
this act.
Sec. 10. (NEW) (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 7 of this act.
(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.
Sec. 11. Subsection (b) of section 29-32b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Any person aggrieved by any refusal to
issue or renew a permit OR CERTIFICATE under the
provisions of section 29-28 or 53-206 OR SECTION 7
OF THIS ACT, or by any limitation or revocation of
a permit OR CERTIFICATE issued under [either] ANY
of said sections, or by a refusal or failure or
any issuing authority to furnish an application as
provided in section 29-28a or section 53-206a,
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 or section 53-206a, and without
prejudice to any other course of action open to
him 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, AS AMENDED BY
SECTION 1 OF PUBLIC ACT 93-172 AND SECTION 4 OF
THIS ACT, the board shall not issue a permit.
Sec. 12. (NEW) (a) 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 of the
general statutes, as amended by section 1 of
public act 93-172 and section 4 of this act, a
valid permit to sell at retail a pistol or
revolver issued pursuant to subsection (a) of
section 29-28 of the general statutes, as amended
by section 1 of public act 93-172 and section 4 of
this act, or a valid eligibility certificate for a
pistol or revolver issued pursuant to section 7 of
this act or is a federal marshal, sheriff, parole
officer or peace officer.
(b) The provisions of this section shall not
apply to the purchase or receipt of 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.
Sec. 13. (NEW) (a) Not later than two business
days after the occurrence of any event that makes
a person ineligible to possess a pistol or
revolver, such person shall (1) transfer in
accordance with section 29-33 of the general
statutes, as amended by section 1 of this act, all
pistols and revolvers which he then possesses to
any person eligible to possess a pistol or
revolver or (2) deliver or surrender such pistols
and revolvers to the commissioner of public
safety. The commissioner shall exercise due care
in the receipt and holding of such pistols and
revolvers.
(b) Such person, or his 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 of the general statutes, as amended
by section 1 of this act, to any person eligible
to possess a pistol or revolver. Upon notification
in writing by the transferee and such person, the
commissioner of public safety shall within ten
days deliver such pistols and revolvers to the
transferee. If, at the end of such year, such
pistols and revolvers 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 as
provided in this section shall be subject to the
penalty provided for in section 3 of this act.
Sec. 14. Section 29-27 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The term "pistol" and the term "revolver", as
used in sections 29-28 to 29-38, inclusive, AND
SECTIONS 7 TO 10, INCLUSIVE, 12 AND 13 OF THIS
ACT, mean any firearm having a barrel less than
twelve inches in length.
Sec. 15. Subsection (a) of section 29-37 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any person violating any provision of
section 29-36 shall be fined not more than one
thousand dollars or imprisoned not more than five
years or both, and any person violating any
provision of section 29-28, 29-31 [, 29-33] or
29-34 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.
Sec. 16. (NEW) (a) The commissioner of public
safety shall establish a state data base within
one year of the effective date of this act 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 of the general
statutes, as amended by section 1 of public act
93-172 and section 4 of this act, a permit to sell
at retail a pistol or revolver, issued pursuant to
subsection (a) of section 29-28 of the general
statutes, as amended by section 1 of public act
93-172 and section 4 of this act, or an
eligibility certificate for a pistol or revolver,
issued pursuant to section 7 of this act, is valid
and has not been revoked or suspended.
(b) Upon establishment of the data base, 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 general statutes, as
amended by section 1 of public act 93-172 and
section 4 of this act, of the existence and
purpose of the system and the means to be used to
access the data base.
Sec. 17. (NEW) The commissioner of public
safety shall adopt regulations in accordance with
the provisions of chapter 54 of the general
statutes to carry out the provisions of this act.
Sec. 18. (NEW) Any firearm, ammunition or
deadly weapon owned by the department of
correction shall only be stored in a secure
location on the grounds of a correctional facility
with a security rating of level three or higher.
Sec. 19. Subsections (a) and (b) of section 4
of public act 93-306 are repealed and the
following is substituted in lieu thereof:
(a) Any person who lawfully possesses an
assault weapon, as defined in section 1 of [this
act] PUBLIC ACT 93-306, prior to October 1, 1993,
shall apply by [July] OCTOBER 1, 1994, OR, IF SUCH
PERSON IS A MEMBER OF THE MILITARY OR NAVAL FORCES
OF THIS STATE OR OF THE UNITED STATES AND IS
UNABLE TO APPLY BY OCTOBER 1, 1994, BECAUSE HE OR
SHE IS OR WAS ON OFFICIAL DUTY OUTSIDE OF THIS
STATE, SHALL APPLY WITHIN NINETY DAYS OF RETURNING
TO THE STATE to the department of public safety,
for a certificate of possession with respect to
such assault weapon. The certificate shall contain
a description of the firearm that identifies it
uniquely, including all identification marks, the
full name, address, date of birth and thumbprint
of the owner, and any other information as the
department may deem appropriate. The department
shall adopt regulations in accordance with the
provisions of chapter 54 not later than January 1,
1994, to establish procedures with respect to the
application for and issuance of certificates of
possession pursuant to this section.
Notwithstanding the provisions of sections 1-19
and 1-19a, the name and address of a person issued
a certificate of possession shall be confidential
and shall not be disclosed, except such records
may be disclosed to law enforcement agencies.
(b) No assault weapon possessed pursuant to
this section may be sold or transferred on or
after January 1, 1994, to any person within this
state other than to a licensed gun dealer, as
defined in subsection (d) of section 6 of [this
act] PUBLIC ACT 93-306, or as provided in section
5 of [this act] PUBLIC ACT 93-306, or by bequest
or intestate succession. Any person who obtains
title to an assault weapon for which a certificate
of possession has been issued under this section
by bequest or intestate succession shall, within
ninety days of obtaining title, apply to the
department of public safety for a certificate of
possession as provided in subsection (a) of this
section, render the weapon permanently inoperable,
sell the weapon to a licensed gun dealer or remove
the weapon from the state. Any person who moves
into the state in lawful possession of an assault
weapon, shall, within ninety days, either render
the weapon permanently inoperable, sell the weapon
to a licensed gun dealer or remove the weapon from
this state, EXCEPT ANY PERSON WHO IS A MEMBER OF
THE MILITARY OR NAVAL FORCES OF THIS STATE OR OF
THE UNITED STATES, IS IN LAWFUL POSSESSION OF AN
ASSAULT WEAPON AND HAS BEEN TRANSFERRED INTO THE
STATE AFTER OCTOBER 1, 1994, MAY, WITHIN NINETY
DAYS OF ARRIVING IN THE STATE, APPLY TO THE
DEPARTMENT OF PUBLIC SAFETY FOR A CERTIFICATE OF
POSSESSION WITH RESPECT TO SUCH ASSAULT WEAPON.
Sec. 20. This act shall take effect from its
passage, except that sections 1 to 18, inclusive,
shall take effect October 1, 1994.
Approved July 7, 1994