Substitute House Bill No. 5746
Substitute House Bill No. 5746
PUBLIC ACT NO. 98-129
AN ACT CONCERNING HANDGUN SAFETY.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (c) of section 29-33 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) [When any pistol or revolver is sold,
delivered 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 or
otherwise transferred] 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.
Sec. 2. Section 29-37b of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Each person, firm or corporation which
engages in the retail sale of any [firearm, as
defined in section 53a-3] PISTOL OR REVOLVER, at
the time of sale of any such [firearm] PISTOL OR
REVOLVER, shall [provide to the purchaser thereof
(1) a] (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
[at each service counter] 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.
Sec. 3. (NEW) (a) Whenever a law enforcement
agency seizes a firearm in connection with a
criminal arrest or pursuant to a search warrant
without an arrest or otherwise recovers a firearm,
such agency shall forthwith take all appropriate
steps to identify and trace the history of such
firearm.
(b) In complying with the provisions of
subsection (a) of this section, a law enforcement
agency shall use the National Tracing Center of
the Federal Bureau of Alcohol, Tobacco and
Firearms. Such law enforcement agency shall
immediately transmit to the National Tracing
Center, by facsimile or by entering such
information on the Connecticut On-Line Law
Enforcement Communications Teleprocessing
(COLLECT) System when said system becomes
available for transmitting such information
directly to the National Tracing Center, all
information necessary to comply with the
provisions of subsection (a) of this section.
(c) The Department of Public Safety shall take
appropriate action to allow the COLLECT System to
be used by law enforcement agencies in complying
with the provisions of this section.
(d) Whenever a firearm is identified and is
determined to have been stolen, the law
enforcement agency shall return such firearm to
the rightful owner thereof provided such owner is
not prohibited from possessing such firearm and
such agency does not need to retain such firearm
as evidence in a criminal prosecution.
Sec. 4. Subsection (a) of section 29-30 of the
general statutes 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, AS AMENDED BY 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
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
to a separate nonlapsing account for the purposes
of the issuance of permits under subsections (a)
and (b) of section 29-28.]
Sec. 5. Section 29-29 of the general statutes
is repealed and the following is substituted in
lieu thereof:
No permit for carrying any pistol or revolver
shall be issued under the provisions of section
29-28 unless the applicant for the same gives to
the issuing authority, upon its request, full
information concerning his criminal record, and
such issuing authority shall thereupon take a full
description [and the fingerprints] of such
applicant and make an investigation concerning his
suitability to carry any such weapons. The issuing
authority shall TAKE THE FINGERPRINTS OF SUCH
APPLICANT UNLESS THE ISSUING AUTHORITY DETERMINES
THAT THE FINGERPRINTS OF SUCH APPLICANT HAVE BEEN
PREVIOUSLY TAKEN AND HIS IDENTITY ESTABLISHED AND
SUCH APPLICANT PRESENTS IDENTIFICATION THAT THE
ISSUING AUTHORITY VERIFIES AS VALID. THE ISSUING
AUTHORITY SHALL record the date the fingerprints
were taken in the applicant's file and, within
five business days of such date, [if deemed
necessary, may] SHALL forward such fingerprints to
the Federal Bureau of Investigation for a national
criminal history records check. [If the
applicant's fingerprints are submitted to the
Federal Bureau of Investigation for such records
check, the] THE issuing authority may, in his
discretion, issue such permit before a report from
said bureau relative to such applicant's record
has been received. Upon receipt of such report,
the issuing authority shall inform the applicant
and render a decision on the application within
one week of the receipt of the report. If such
report has not been received within eight weeks
after a sufficient application for a permit has
been made, the issuing authority shall inform the
applicant of such delay, in writing. No permit
shall be issued if the issuing authority has
reason to believe the applicant has ever been
convicted of a felony.
Sec. 6. Section 29-28 of the general statutes
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 29-36f 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
CONVICTED AS DELINQUENT FOR THE COMMISSION OF A
SERIOUS JUVENILE OFFENSE, AS DEFINED IN SECTION
46b-120, AS AMENDED, [(3)] (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, [(4)] (5) has been confined in a
hospital for [mental illness] PERSONS WITH
PSYCHIATRIC DISABILITIES, as defined in section
17a-495, within the preceding twelve months by
order of a probate court, [(5)] (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, or [(6)] (7) 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
October 1, 1994, 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. 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.
(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 for verification that such 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, AS AMENDED BY THIS ACT.
(e) THE ISSUANCE OF A PERMIT TO CARRY A PISTOL
OR REVOLVER UNDER SUBSECTION (b) OF THIS SECTION
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.
Sec. 7. Section 29-36g of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Requests for eligibility certificates
under section 29-36f, AS AMENDED BY 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 said section 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, 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, [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 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, AS AMENDED.
(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, AS AMENDED BY THIS ACT, is required
under section 29-35.
Sec. 8. Subsection (a) of section 53-202d of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any person who lawfully possesses an
assault weapon, as defined in section 53-202a,
prior to October 1, 1993, shall apply by 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 (1) law enforcement agencies,
AND (2) THE COMMISSIONER OF MENTAL HEALTH AND
ADDICTION SERVICES TO CARRY OUT THE PROVISIONS OF
SUBSECTION (c) OF SECTION 17a-500, AS AMENDED BY
THIS ACT.
Sec. 9. Section 53-206 of the general statutes
is repealed and the following is substituted in
lieu thereof:
[(a)] Any person who carries upon his person
any [slung shot, air rifle,] BB. gun, blackjack,
[sand bag,] metal or brass knuckles, or any dirk
knife, or any switch knife, or 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, or
stiletto, or any knife the edged portion of the
blade of which is four inches or over in length,
or any martial arts weapon or electronic defense
weapon, as defined in section 53a-3, or any other
dangerous or deadly weapon or instrument, [unless
such person has been granted a written permit
issued and signed by the first selectman of a
town, the mayor or chief of police of a city or
the warden of a borough, authorizing such person
to carry such weapon or instrument within such
town, city or borough,] shall be fined not more
than five hundred dollars or imprisoned not more
than three years or both. [No permit shall be
issued to any applicant who has ever been
convicted of a felony. The issuing authority may
request the applicant's fingerprints and full
information concerning his criminal record and
make an investigation concerning the suitability
of the applicant to carry any such weapon. Refusal
of fingerprinting by the applicant shall be
sufficient cause to refuse issuance of a permit.]
Whenever any person is found guilty of a violation
of this [subsection] SECTION, any weapon or other
[implement] INSTRUMENT within the provisions
[hereof] OF THIS SECTION, found upon the body of
such person, shall be forfeited to the
municipality wherein such person was apprehended,
notwithstanding any failure of the judgment of
conviction to expressly impose such forfeiture.
[Any person who has been granted a permit to carry
any martial arts weapon pursuant to this section
may carry such weapon anywhere within the state.]
The provisions of this [subsection] SECTION shall
not apply to THE CARRYING OF A KNIFE, THE EDGED
PORTION OF THE BLADE OF WHICH IS FOUR INCHES OR
OVER IN LENGTH, BY any officer charged with the
preservation of the public peace [nor to] WHILE
ENGAGED IN THE PURSUIT OF HIS OFFICIAL DUTIES, 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, ANY MEMBER OF ANY MILITARY
ORGANIZATION WHEN ON PARADE OR WHEN GOING TO OR
FROM ANY PLACE OF ASSEMBLY, ANY PERSON WHILE
TRANSPORTING SUCH KNIFE AS MERCHANDISE, any person
who is found with any such [weapon or implement]
KNIFE concealed upon his person while lawfully
removing his household goods or effects from one
place to another, or from one residence to
another, [nor to] any person while actually and
peaceably engaged in carrying any such [weapon or
implement] KNIFE from his place of abode or
business to a place or person where or by whom
such [weapon or implement] KNIFE is to be
repaired, or while actually and peaceably
returning to his place of abode or business with
such [weapon or implement] KNIFE after the same
has been repaired OR ANY PERSON HOLDING A VALID
HUNTING, FISHING OR TRAPPING LICENSE ISSUED
PURSUANT TO CHAPTER 490 OR ANY SALT WATER
FISHERMAN CARRYING SUCH KNIFE FOR LAWFUL HUNTING,
FISHING OR TRAPPING ACTIVITIES.
[(b) Any person who sells to another a slung
shot, air rifle, BB. gun, blackjack, sand bag,
metal or brass knuckles, or any dirk knife, or any
switch knife, or any knife having an automatic
spring release device by which the blade is
released from the handle, having a blade of over
one and one-half inches in length, or stiletto, or
any martial arts weapon or electronic defense
weapon, as defined in section 53a-3, shall, within
twenty-four hours after the delivery of such
weapon or implement to the person to whom sold,
give written notice of such sale or delivery,
specifying the article sold and the name and
address of the person to whom sold or delivered,
to the chief of police of the city, the warden of
the borough or the first selectman of the town,
within which such weapon or implement is sold or
delivered, as the case may be. Any person who
violates any provision of this subsection shall be
fined not more than one hundred dollars.]
Sec. 10. 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 29-36f, [or
53-206,] or by any limitation or revocation of a
permit or certificate issued under any of said
sections, or by a refusal or failure [or] OF 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
THIS ACT, the board shall not issue a permit.
Sec. 11. Section 29-38 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Any person who knowingly has, in any vehicle
owned, operated or occupied by him, any weapon,
ANY PISTOL OR REVOLVER for which a proper permit
has not been issued as provided in section 29-28,
AS AMENDED BY THIS ACT, [or section 53-206,] or
ANY MACHINE GUN WHICH has not BEEN registered
[such weapon] as required by section 53-202, [as
the case may be,] 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 [pistol or
revolver] BB. GUN, ANY BLACKJACK, ANY METAL OR
BRASS KNUCKLES, any dirk knife or switch knife,
[or] 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, [and] 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. [, including any slung shot,
black jack, sand bag, metal or brass knuckles,
stiletto, knife, the edged portion of the blade of
which is four inches or over in length or martial
arts weapon as defined in section 53a-3.] The
provisions of this section shall not apply to [any
person enrolled in and currently attending a
martial arts school, with official verification of
such enrolment and attendance, having any such
martial arts weapon in a vehicle while traveling
to and from such school] 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 ANY OFFICER CHARGED WITH THE
PRESERVATION OF THE PUBLIC PEACE WHILE ENGAGED IN
THE PURSUIT OF HIS OFFICIAL DUTIES, 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, ANY MEMBER OF ANY MILITARY
ORGANIZATION WHEN ON PARADE OR WHEN GOING TO OR
FROM ANY PLACE OF ASSEMBLY, ANY PERSON WHILE
TRANSPORTING SUCH KNIFE AS MERCHANDISE, ANY PERSON
WHILE LAWFULLY REMOVING HIS HOUSEHOLD GOODS OR
EFFECTS FROM ONE PLACE TO ANOTHER, OR FROM ONE
RESIDENCE TO ANOTHER, ANY PERSON WHILE ACTUALLY
AND PEACEABLY ENGAGED IN CARRYING ANY SUCH KNIFE
FROM HIS 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 HIS PLACE OF ABODE OR BUSINESS WITH
SUCH KNIFE AFTER THE SAME HAS BEEN REPAIRED OR 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.
Sec. 12. Section 53a-217 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A person is guilty of criminal possession
of a firearm or electronic defense weapon when he
possesses a firearm or electronic defense weapon
and (1) has been convicted of a capital felony, a
class A felony, except a conviction under section
53a-196a, a class B felony, except a conviction
under section 53a-86, 53a-122 or 53a-196b, a class
C felony, except a conviction under section
53a-87, 53a-152 or 53a-153, or a class D felony
under sections 53a-60 to 53a-60c, inclusive,
53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a,
53a-114, 53a-136 or 53a-216, OR (2) HAS BEEN
CONVICTED AS DELINQUENT FOR THE COMMISSION OF A
SERIOUS JUVENILE OFFENSE, AS DEFINED IN SECTION
46b-120, AS AMENDED. 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 firearm or
electronic defense weapon is a class D felony, for
which two years of the sentence imposed may not be
suspended or reduced by the court.
Sec. 13. Section 53a-217c of the general
statutes is repealed and the following is
substituted in lieu thereof:
(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, 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, (2) HAS
BEEN CONVICTED AS DELINQUENT FOR THE COMMISSION OF
A SERIOUS JUVENILE OFFENSE, AS DEFINED IN SECTION
46b-120, AS AMENDED, [(2)] (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, [(3)] (4) has been confined in a
hospital for [mental illness] PERSONS WITH
PSYCHIATRIC DISABILITIES, as defined in section
17a-495, within the preceding twelve months by
order of a probate court, [(4)] (5) 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)] (6) 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. 14. Subsection (b) of section 29-36f of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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; (3) HAS BEEN
CONVICTED AS DELINQUENT FOR THE COMMISSION OF A
SERIOUS JUVENILE OFFENSE, AS DEFINED IN SECTION
46b-120, AS AMENDED; [(3)] (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; [(4)] (5) has been confined in a
hospital for [mental illness] PERSONS WITH
PSYCHIATRIC DISABILITIES, as defined in section
17a-495, within the preceding twelve months by
order of a probate court; [(5)] (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; or [(6)] (7) is an alien illegally
or unlawfully in the United States.
Sec. 15. Section 53a-217b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A person is guilty of possession of a
weapon on school grounds when, KNOWING THAT HE IS
NOT LICENSED OR PRIVILEGED TO DO SO, he possesses
a firearm or deadly weapon, as defined in section
53a-3, (1) in or on the real property comprising a
public or private elementary or secondary school
or (2) at a school-sponsored activity as defined
in subsection (h) of section 10-233a.
(b) The provisions of subsection (a) of this
section shall not apply to the otherwise lawful
possession of a firearm [(1) by a person holding a
valid state or local permit to carry such firearm,
(2)] (1) by a person for use in a program approved
by school officials in or on such school property,
[(3)] (2) by a person in accordance with an
agreement entered into between school officials
and such person or such person's employer, [(4)]
(3) by a peace officer, as defined in subdivision
(9) of section 53a-3, while engaged in the
performance of his official duties, or [(5)] (4)
by a person while traversing such school property
for the purpose of gaining access to public or
private lands open to hunting or for other lawful
purposes, provided such firearm is not loaded and
the entry on such school property is permitted by
the local or regional board of education.
[Notwithstanding the provisions of this
subsection, a local or regional board of education
or the supervisory agent of a private elementary
or secondary school may prohibit the possession of
firearms by students in or on the real property
comprising the public or private elementary or
secondary school or at a school-sponsored activity
as defined in subsection (h) of section 10-233a.]
(c) Possession of a weapon on school grounds
is a class D felony.
Sec. 16. (NEW) (a) Any owner, operator or user
of a firing or shooting range operating on the
effective date of this act shall be exempt from
criminal prosecution with respect to noise or
noise pollution violations and immune from civil
liability with respect to noise or noise pollution
resulting from shooting activity on such range
provided the range was, at the time of its
construction or operational approval by the
municipality in which it is located, in compliance
with the provisions of chapter 442 of the general
statutes and regulations adopted thereunder.
(b) No standards in a noise control ordinance
adopted by any municipality for limiting levels of
noise in terms of decibel level which may occur in
the outdoor atmosphere shall apply to any firing
or shooting range exempted from liability under
this section if such standards are inconsistent
with the provisions of chapter 442 of the general
statutes or the regulations adopted thereunder.
(c) This section shall not limit the ability
of a municipality to evaluate and regulate any
increase in noise attributable to a physical
expansion of an existing firing or shooting range.
Sec. 17. Section 17a-499 of the general
statutes is repealed and the following is
substituted in lieu thereof:
All proceedings of the Court of Probate, upon
application made under the provisions of sections
17a-75 to 17a-83, inclusive, 17a-450 to 17a-484,
inclusive, 17a-495 to 17a-528, inclusive, 17a-540
to 17a-550, inclusive, 17a-560 to 17a-576,
inclusive, and 17a-615 to 17a-618, inclusive,
shall be in writing and filed in such court, and,
whenever a court passes an order for the admission
of any person to any state hospital for
psychiatric disabilities, it shall record the same
and give a certified copy of such order and of the
reports of the physicians to the person by whom
such person is to be taken to the hospital, as the
warrant for such taking and commitment, and shall
also forthwith transmit a like copy to the
Commissioner of Mental Health and Addiction
Services, and, in the case of a person in the
custody of the Commissioner of Correction, to the
Commissioner of Correction. [All] WHENEVER A COURT
PASSES AN ORDER FOR THE COMMITMENT OF ANY PERSON
TO ANY HOSPITAL FOR PSYCHIATRIC DISABILITIES, IT
SHALL, WITHIN THREE BUSINESS DAYS, PROVIDE A COPY
OF THE ORDER OF COMMITMENT TO THE COMMISSIONER OF
MENTAL HEALTH AND ADDICTION SERVICES WHO SHALL
MAINTAIN IDENTIFYING INFORMATION INCLUDING, BUT
NOT LIMITED TO, NAME, ADDRESS, SEX, DATE OF BIRTH
AND DATE OF COMMITMENT ON ALL COMMITMENTS ORDERED
ON AND AFTER JUNE 1, 1998. ALL COMMITMENT
APPLICATIONS, orders of commitment and commitment
papers issued by any court in committing persons
with psychiatric disabilities to public or private
hospitals for psychiatric disabilities shall be in
accordance with a form prescribed by the Attorney
General, which form shall be uniform throughout
the state. For all such [commitments] COMMITMENT
APPLICATIONS AND ORDERS, the Commissioner of
Mental Health and Addiction Services shall cause
suitable blanks, in accordance with said form, to
be printed and furnished at the expense of the
state. State hospitals and other hospitals for
persons with psychiatric disabilities shall, so
far as they are able, upon reasonable request of
any officer of a court having the power of
commitment, send one or more trained attendants or
nurses to attend any hearing concerning the
commitment of any person with psychiatric
disabilities and any such attendant or nurse, when
present, shall be designated by the court as the
authority to serve commitment process issued under
the provisions of sections 17a-75 to 17a-83,
inclusive, 17a-450 to 17a-484, inclusive, 17a-495
to 17a-528, inclusive, 17a-540 to 17a-550,
inclusive, 17a-560 to 17a-576, inclusive, and
17a-615 to 17a-618, inclusive.
Sec. 18. Section 17a-500 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Each court of probate shall keep a record
of the cases relating to persons with psychiatric
disabilities coming before it under sections
17a-75 to 17a-83, inclusive, 17a-450 to 17a-484,
inclusive, 17a-495 to 17a-528, inclusive, 17a-540
to 17a-550, inclusive, 17a-560 to 17a-576,
inclusive, and 17a-615 to 17a-618, inclusive, and
the disposition of them. It shall also keep on
file the original application and certificate of
physicians required by said sections, or a
microfilm duplicate of such records in accordance
with regulations issued by the Probate Court
Administrator. All records maintained in the
courts of probate under the provisions of said
sections shall be sealed and available only to the
respondent or his or her counsel unless the Court
of Probate, after hearing held with notice to the
respondent, determines such records should be
disclosed for cause shown.
(b) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTION (a) OF THIS SECTION, THE COMMISSIONER
OF MENTAL HEALTH AND ADDICTION SERVICES, IN
ACCORDANCE WITH SECTION 17a-499, AS AMENDED BY
THIS ACT, SHALL MAINTAIN INFORMATION ON COMMITMENT
ORDERS BY A PROBATE COURT AND SHALL PROVIDE SUCH
INFORMATION TO THE COMMISSIONER OF PUBLIC SAFETY
IN FULFILLMENT OF HIS OBLIGATIONS UNDER SECTIONS
29-28 TO 29-38a, INCLUSIVE, AS AMENDED BY THIS
ACT, AND SECTION 53-202d, AS AMENDED BY THIS ACT,
IN SUCH A MANNER AS TO REPORT IDENTIFYING
INFORMATION ON THE COMMITMENT STATUS INCLUDING,
BUT NOT LIMITED TO, NAME, ADDRESS, SEX, DATE OF
BIRTH AND DATE OF COMMITMENT, FOR A PERSON WHO
APPLIES FOR OR HOLDS A PERMIT OR CERTIFICATE UNDER
SAID SECTIONS 29-28 TO 29-38a, INCLUSIVE, AND
SECTION 53-202d. THE COMMISSIONER OF PUBLIC SAFETY
SHALL MAINTAIN AS CONFIDENTIAL ANY SUCH
INFORMATION PROVIDED TO HIM AND SHALL USE SUCH
INFORMATION ONLY FOR PURPOSES OF FULFILLING HIS
OBLIGATIONS UNDER SECTIONS 29-28 TO 29-38a,
INCLUSIVE, AS AMENDED BY THIS ACT, AND SECTION
53-202d, AS AMENDED BY THIS ACT, EXCEPT THAT
NOTHING IN THIS SECTION SHALL PROHIBIT SAID
COMMISSIONER FROM ENTERING SUCH INFORMATION INTO
EVIDENCE AT A HEARING HELD IN ACCORDANCE WITH
SECTION 29-32b.
(c) (1) THE COMMISSIONER OF MENTAL HEALTH AND
ADDICTION SERVICES SHALL OBTAIN FROM THE
COMMISSIONER OF PUBLIC SAFETY THE STATUS OF ANY
FIREARM APPLICATION, PERMIT OR CERTIFICATE UNDER
SECTIONS 29-28 TO 29-38a, INCLUSIVE, AS AMENDED BY
THIS ACT, AND SECTION 53-202d, AS AMENDED BY THIS
ACT, OF EACH PERSON WHO IS THE SUBJECT OF AN ORDER
OF COMMITMENT PURSUANT TO SECTION 17a-499, AS
AMENDED BY THIS ACT, IN SUCH A MANNER SO AS TO
ONLY RECEIVE A REPORT ON THE FIREARM APPLICATION,
PERMIT OR CERTIFICATE STATUS OF THE PERSON WITH
RESPECT TO WHOM THE INQUIRY IS MADE.
(2) THE COMMISSIONER OF MENTAL HEALTH AND
ADDICTION SERVICES SHALL REPORT TO THE
COMMISSIONER OF PUBLIC SAFETY ANY COMMITMENT
STATUS AND IDENTIFYING INFORMATION FOR ANY PERSON
WHO IS AN APPLICANT FOR OR HOLDER OF ANY PERMIT OR
CERTIFICATE UNDER SAID SECTIONS 29-28 TO 29-38a,
INCLUSIVE, AND SECTION 53-202d.
(3) THE COMMISSIONER OF MENTAL HEALTH AND
ADDICTION SERVICES SHALL ADVISE THE HOSPITAL FOR
PSYCHIATRIC DISABILITIES TO WHICH A PERSON HAS
BEEN COMMITTED OF THE STATUS OF A FIREARM
APPLICATION, PERMIT OR CERTIFICATE OF SUCH PERSON
UNDER SECTIONS 29-28 TO 29-38a, INCLUSIVE, AS
AMENDED BY THIS ACT, AND SECTION 53-202d, AS
AMENDED BY THIS ACT, AS REPORTED BY THE
COMMISSIONER OF PUBLIC SAFETY FOR CONSIDERATION BY
SUCH HOSPITAL IN ANY PSYCHIATRIC TREATMENT
PROCEDURES.
(4) THE COMMISSIONER OF MENTAL HEALTH AND
ADDICTION SERVICES AND A HOSPITAL FOR PSYCHIATRIC
DISABILITIES SHALL MAINTAIN AS CONFIDENTIAL ANY
INFORMATION PROVIDED TO SAID COMMISSIONER OR SUCH
HOSPITAL CONCERNING THE STATUS OF A FIREARM
APPLICATION, PERMIT OR CERTIFICATE UNDER SECTIONS
29-28 TO 29-38a, INCLUSIVE, AS AMENDED BY THIS
ACT, AND SECTION 53-202d, AS AMENDED BY THIS ACT,
OF ANY PERSON.
Sec. 19. (NEW) (a) The Commissioner of Public
Safety, in fulfilling his obligations under
sections 29-28 to 29-38a, inclusive, of the
general statutes, as amended by this act, and
section 53-202d of the general statutes, as
amended by this act, 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 of the general
statutes, 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 of
the general statutes, as amended by this act.
(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 of the
general statutes, 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 of the general statutes, as amended by
this act.
Sec. 20. (NEW) (a) No person shall carry a
pistol, revolver, machine gun, shotgun, rifle or
other firearm, which is loaded and from which a
shot may be discharged, upon his person (1) while
under the influence of intoxicating liquor or any
drug or both or (2) while the ratio of alcohol in
the blood of such person is ten-hundredths of one
per cent or more of alcohol, by weight.
(b) Any person who violates any provision of
this section shall be guilty of a class B
misdemeanor.
Sec. 21. Section 53-206a of the general
statutes is repealed.
Approved May 27, 1998