AN ACT REVISING STATUTES RELATIVE TO FIREARMS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (19) of section 53a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(19) "Firearm" means (A) any [sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other] weapon, whether loaded or unloaded, [from which a shot may be discharged] that can or is designed to or may be readily converted to expel a projectile by the action of an explosive or other discharge and includes, but is not limited to, a sawed-off shotgun, machine gun, assault weapon, rifle, shotgun, pistol or revolver, or (B) the frame or receiver of any weapon described or specified in subparagraph (A) of this subdivision. "Firearm" does not include any BB gun or paintball gun, or any weapon described or specified in subparagraph (A) of this subdivision that has been rendered permanently inoperable.

Sec. 2. Section 29-27 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

As used in sections 29-28 to 29-38, inclusive, as amended by this act:

(1) [The term "pistol" and the term] "Pistol" or "revolver" [, as used in sections 29-28 to 29-38, inclusive, mean] means any firearm having a barrel less than twelve inches in length.

(2) "Transfer" means the movement of any firearm, whether temporarily or permanently, from the possession of one person, firm or corporation to the possession of another person, firm or corporation, with or without documentation of such movement. "Transfer" does not include the lending or borrowing of a legally-owned firearm between nonlicensed persons authorized by the provisions of this chapter to possess firearms. For the purposes of this subdivision, "nonlicensed person" means a person who is not licensed as a firearms dealer by the federal government.

Sec. 3. Subsection (d) of section 29-36l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(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 the Judicial Department shall enter into a memorandum of understanding with the National Instant Criminal Background Check System division of the Federal Bureau of Investigation for the purpose of effectuating the implementation of such system in the state. The Department of Public Safety shall report the name, date of birth and physical description of any person denied a permit or eligibility certificate under the provisions of sections 29-28 to 29-38, inclusive, as amended by this act, or denied possession of a firearm pursuant to 18 USC 922(g)(4) to the National Instant Criminal Background Check System Index, Denied Persons Files.

Sec. 4. Section 52-571f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

Any person who sells, delivers or otherwise transfers, as defined in section 29-27, as amended by this act, a firearm, as defined in section 53a-3, as amended by this act, to a person knowing that such other person is prohibited from possessing such firearm shall be strictly liable for damages for the injury or death of another person resulting from the use of such firearm by any person.

Sec. 5. Subsection (a) of section 53-206d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) (1) 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 (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is [ten-hundredths] eight-hundredths of one per cent or more of alcohol, by weight.

(2) Any person who violates any provision of this subsection shall be guilty of a class B misdemeanor.

Sec. 6. Subsection (a) of section 53a-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) A person is guilty of criminal possession of a firearm or electronic defense weapon when such person possesses a firearm or electronic defense weapon and (1) has been convicted of a felony, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) knows that such person is subject to a restraining or protective order of a court of this state or to a foreign order of protection, as defined in section 46b-15a, that has been issued against such person, 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] (4) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, (5) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4), or (6) has been denied a permit or eligibility certificate under the provisions of sections 29-28 to 29-38, inclusive, as amended by this act, or a certificate of possession of an assault weapon under section 53-202d. For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.

Sec. 7. Subsection (a) of section 53a-217c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) A person is guilty of criminal possession of a pistol or revolver when such person 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 or 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, (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 persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, (5) knows that such person is subject to a restraining or protective order of a court of this state or to a foreign order of protection, as defined in section 46b-15a, that has been issued against such person, 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, (6) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, [or] (7) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4), (8) has been denied a permit or eligibility certificate under the provisions of sections 29-28 to 29-38, inclusive, as amended by this act, or a certificate of possession of an assault weapon under section 53-202d, or [(7)] (9) 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.

Sec. 8. Subsection (b) of section 29-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(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 [(9)] (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.

Statement of Purpose:

To modify the definition of "firearm" for purposes of title 53a of the general statutes, to define "transfer" of a firearm, to conform the blood/alcohol ratio for the carrying of a firearm while under the influence of intoxicating liquor to the same standard as the offense of driving while under the influence and to prohibit the possession of firearms and issuance of a permit to carry a pistol or revolver to any person adjudicated as mentally ill or committed to a mental institution.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]