Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 5437

   
 

*HB0505405437SRO*

Offered by:

 

SEN. MARKLEY, 16th Dist.

 

To: Subst. House Bill No. 5054

File No. 750

Cal. No. 531

(As Amended by House Amendment Schedule "A")

"AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE. "

Strike subsection (b) of section 3 in its entirety and insert the following in lieu thereof:

"(b) The application form shall allow the applicant, at the applicant's option, to indicate whether the respondent holds a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate or an ammunition certificate or possesses one or more firearms or ammunition. The application shall be accompanied by an affidavit made under oath which includes a brief statement of the conditions from which relief is sought. Upon receipt of the application the court shall order that a hearing on the application be held not later than fourteen days from the date of the order except that, (1) if the application indicates that the respondent holds a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate or an ammunition certificate or possesses one or more firearms or ammunition, and the court orders an ex parte order, the court shall order that a hearing be held on the application not later than seven days from the date on which the ex parte order is issued, and (2) whenever the court enters an ex parte order, the respondent may request that such hearing be held, on an expedited basis, but not later than one business day after service has been made on the respondent in conformance with subsection (h) of this section. Any respondent who requests an expedited hearing shall not be responsible for transferring any pistol, revolver, or other firearm or ammunition pursuant to section 29-36k, as amended by this act, until an expedited hearing is held by the court and the respondent is ordered by the court to transfer such firearms and ammunition pursuant to section 29-36k, as amended by this act. The court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant and such dependent children or other persons as the court sees fit. In making such orders, the court, in its discretion, may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch's Internet web site. Such orders may include temporary child custody or visitation rights, and such relief may include, but is not limited to, an order enjoining the respondent from [(1)] (A) imposing any restraint upon the person or liberty of the applicant; [(2)] (B) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant; or [(3)] (C) entering the family dwelling or the dwelling of the applicant. Such order may include provisions necessary to protect any animal owned or kept by the applicant including, but not limited to, an order enjoining the respondent from injuring or threatening to injure such animal. If an applicant alleges an immediate and present physical danger to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. If a postponement of a hearing on the application is requested by either party and granted, the ex parte order shall not be continued except upon agreement of the parties or by order of the court for good cause shown. If a hearing on the application is scheduled or an ex parte order is granted and the court is closed on the scheduled hearing date, the hearing shall be held on the next day the court is open and any such ex parte order shall remain in effect until the date of such hearing. "

Strike sections 11 to 14, inclusive, in their entirety, and insert the following in lieu thereof:

"Sec. 11. Section 29-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) For the purposes of this section, "conviction" means the entry of a judgment of conviction by any court of competent jurisdiction.

(b) Any state permit or temporary state permit for the carrying of any pistol or revolver may be [revoked] suspended by the Commissioner of Emergency Services and Public Protection for cause and shall be [revoked] suspended by said commissioner upon conviction of the holder of such permit of a felony or of any misdemeanor specified in subsection (b) of section 29-28, as amended by this act, or upon the occurrence of any event which would have disqualified the holder from being issued the state permit or temporary state permit pursuant to subsection (b) of section 29-28, as amended by this act. Upon the [revocation] suspension of any state permit or temporary state permit, the person whose state permit or temporary state permit is [revoked] suspended shall be notified in writing and such state permit or temporary state permit shall be forthwith delivered to the commissioner. Any law enforcement authority shall confiscate and immediately forward to the commissioner any state permit or temporary state permit that is illegally possessed by any person. The commissioner may [revoke] suspend the state permit or temporary state permit based upon the commissioner's own investigation or upon the request of any law enforcement agency. Any person who fails to surrender any permit within five days of notification in writing of [revocation] suspension thereof shall be guilty of a class A misdemeanor.

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

(d) If a state permit or temporary state permit for the carrying of any pistol or revolver is suspended because the person holding such permit is subject to an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act, upon expiration of such order, such person may notify the Department of Emergency Services and Public Protection that such order has expired. Upon verification of such expiration and provided such person is not otherwise disqualified from holding such permit pursuant to subsection (b) of section 29-28, as amended by this act, the department shall reinstate such permit.

Sec. 12. Section 29-36i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Any eligibility certificate for a pistol or revolver shall be [revoked] suspended by the Commissioner of Emergency Services and Public Protection upon the occurrence of any event which would have disqualified the holder from being issued the certificate pursuant to section 29-36f, as amended by this act.

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

(c) If an eligibility certificate for a pistol or revolver is suspended because the person holding such certificate is subject to an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act, upon expiration of such order, such person may notify the Department of Emergency Services and Public Protection that such order has expired. Upon verification of such expiration and provided such person is not otherwise disqualified from holding such certificate pursuant to section 29-36f, as amended by this act, the department shall reinstate such certificate.

Sec. 13. Section 29-37s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A long gun eligibility certificate shall be [revoked] suspended by the Commissioner of Emergency Services and Public Protection upon the occurrence of any event which would have disqualified the holder from being issued the certificate pursuant to section 29-37p, as amended by this act.

(b) Upon the [revocation] suspension of any long gun eligibility certificate, the person whose certificate is [revoked] suspended shall be notified, in writing, and such certificate shall be forthwith delivered to the Commissioner of Emergency Services and Public Protection. Any person who fails to surrender such certificate within five days of notification, in writing, of [revocation] suspension thereof shall be guilty of a class A misdemeanor.

(c) If a long gun eligibility certificate is suspended because the person holding such certificate is subject to an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act, upon expiration of such order, such person may notify the Department of Emergency Services and Public Protection that such order has expired. Upon verification of such expiration and provided such person is not otherwise disqualified from holding such certificate pursuant to section 29-37p, as amended by this act, the department shall reinstate such certificate.

Sec. 14. Section 29-38p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) An ammunition certificate shall be [revoked] suspended by the Commissioner of Emergency Services and Public Protection upon the occurrence of any event which would have disqualified the holder from being issued the certificate pursuant to section 29-38n.

(b) Upon the [revocation] suspension of any ammunition certificate, the person whose certificate is [revoked] suspended shall be notified, in writing, and such certificate shall be forthwith delivered to the Commissioner of Emergency Services and Public Protection. Any person who fails to surrender such certificate within five days of notification, in writing, of [revocation] suspension thereof shall be guilty of a class A misdemeanor.

(c) If an ammunition certificate is suspended because the person holding such certificate is subject to an ex parte order issued pursuant to section 46b-15, as amended by this act, or 46b-16a, as amended by this act, upon expiration of such order, such person may notify the Department of Emergency Services and Public Protection that such order has expired. Upon verification of such expiration and provided such person is not otherwise disqualified from holding such certificate pursuant to section 29-38n the department shall reinstate such certificate."