Connecticut Seal

General Assembly

File No. 592

    February Session, 2018

Substitute House Bill No. 5542

House of Representatives, April 19, 2018

The Committee on Judiciary reported through REP. TONG of the 147th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING BUMP STOCKS AND OTHER MEANS OF ENHANCING THE RATE OF FIRE OF A FIREARM.

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

Section 1. (NEW) (Effective October 1, 2018) (a) Except as provided in subsection (e) of this section, no person may sell, offer to sell, otherwise transfer or offer to transfer, purchase, possess, use or manufacture any rate of fire enhancement.

(b) Except as provided in subsection (d) of this section, a person who violates any provision of subsection (a) of this section shall be guilty of a class D felony.

(c) For purposes of this section, "firearm" means firearm as defined in section 53a-3 of the general statutes, and "rate of fire enhancement" means any device, component, part, combination of parts, attachment or accessory that: (1) Uses energy from the recoil of a firearm to generate a reciprocating action that facilitates repeated function of the trigger, including, but not limited to, a bump stock; (2) repeatedly pulls the trigger of a firearm through the use of a crank, lever or other part, including, but not limited to, a trigger crank; or (3) causes a semiautomatic firearm to fire more than one round per operation of the trigger, where the trigger pull and reset constitute a single operation of the trigger, including, but not limited to, a binary trigger system.

(d) Any person who holds a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28 of the general statutes, a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f of the general statutes or a valid long gun eligibility certificate issued pursuant to section 29-37p of the general statutes and possesses a rate of fire enhancement prior to July 1, 2019, shall be guilty of a class D misdemeanor for a first offense and shall be guilty of a class D felony for any subsequent offense.

(e) Any person who moves into the state in lawful possession of a rate of fire enhancement, shall, within ninety days, render the rate of fire enhancement permanently inoperable, remove the rate of fire enhancement from this state, or surrender the rate of fire enhancement to the Department of Emergency Services and Public Protection for destruction.

Sec. 2. (NEW) (Effective from passage) (a) Not later than thirty days after the effective date of this section, the Commissioner of Emergency Services and Public Protection shall, within available appropriations, provide written notification of the provisions of section 1 of this act by: (1) Posting the notification on the department's Internet web site, and (2) providing the notification electronically to federally licensed firearm dealers.

(b) Commencing thirty days after the effective date of this section but prior to July 1, 2023, the commissioner shall include a written notification of the provisions of section 1 of this act with: (1) (A) A permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28 of the general statutes, (B) an eligibility certificate for a pistol or revolver issued pursuant to section 29-36f of the general statutes, and (C) a long gun eligibility certificate issued pursuant to section 29-37p of the general statutes; and (2) a notice of expiration mailed to a holder of such permit or certificate pursuant to (A) subsection (f) of section 29-30 of the general statutes, (B) subsection (e) of section 29-36h of the general statutes, or (C) subsection (e) of section 29-37r of the general statutes.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

New section

Sec. 2

from passage

New section

Statement of Legislative Commissioners:

In Section 1(a), the exception language, as it pertains to subsection (d), was moved to Section 1(b) for accuracy.

JUD

Joint Favorable Subst.

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 19 $

FY 20 $

Correction, Dept.; Judicial Dept. (Probation)

GF - Potential Cost

Minimal

Minimal

Resources of the General Fund

GF - Potential Revenue Gain

See Below

See Below

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill creates a new misdemeanor and felony for possession of a rate of fire enhancement and results in potential cost and potential revenue from fines. To extent that violators are prosecuted, the bill results in a potential cost to the Department of Correction for incarceration or Judicial Department for probation supervision. On average, the marginal cost to the state for incarcerating an offender for the year is $1,9001 while the average marginal cost for supervision in the community is less than $7002 each year.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to the number of violations.

OLR Bill Analysis

sHB 5542

AN ACT CONCERNING BUMP STOCKS AND OTHER MEANS OF ENHANCING THE RATE OF FIRE OF A FIREARM.

SUMMARY

This bill generally makes it a class D felony for anyone to sell, offer to sell, otherwise transfer, or offer to transfer, purchase, possess, use, or manufacture a “rate of fire enhancement” (e.g., a bump stock). By law, a class D felony is punishable by up to five years in prison, a fine up to $5,000, or both.

However, the bill also provides a reduced penalty (a class D misdemeanor) for a first time offender who possesses a rate of fire enhancement before July 1, 2019 and holds a valid (1) permit to carry a pistol or revolver or (2) eligibility certificate for a pistol, revolver, or long gun. By law, a class D misdemeanor is punishable by up to 30 days in prison, a fine up to $250, or both.

The bill also requires anyone who moves into the state in lawful possession of a rate of fire enhancement to render it permanently inoperable, remove it from this state, or surrender it to the Department of Emergency Services and Public Protection (DESPP) for destruction, within 90 days of moving into the state. (It is unclear which, if any, of the prohibited actions under the bill would apply during the 90-day window.)

The bill also requires the DESPP commissioner to:

EFFECTIVE DATE: October 1, 2018, except the DESPP notification provision is effective upon passage.

RATE OF FIRE ENHANCEMENT

Under the bill, "rate of fire enhancement" means any device, component, part, combination of parts, attachment, or accessory that:

By law, "firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon, whether loaded or unloaded from which a shot may be discharged.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

36

Nay

5

(04/03/2018)

TOP

1 Inmate marginal cost is based on increased consumables (e.g. food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened.

2 Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant. This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.