Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 5475

   
 

*HB0554005475HDO*

Offered by:

 

REP. TONG, 147th Dist.

REP. STAFSTROM, 129th Dist.

 

To: Subst. House Bill No. 5540

File No. 591

Cal. No. 392

"AN ACT CONCERNING GHOST GUNS."

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 53a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:

(1) "Person" means a human being, and, where appropriate, a public or private corporation, a limited liability company, an unincorporated association, a partnership, a government or a governmental instrumentality;

(2) "Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property;

(3) "Physical injury" means impairment of physical condition or pain;

(4) "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ;

(5) "Deadly physical force" means physical force which can be reasonably expected to cause death or serious physical injury;

(6) "Deadly weapon" means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles. The definition of "deadly weapon" in this subdivision shall be deemed not to apply to section 29-38 or 53-206;

(7) "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, and includes a "vehicle", as that term is defined in this section, and includes a dog that has been commanded to attack, except a dog owned by a law enforcement agency of the state or any political subdivision thereof or of the federal government when such dog is in the performance of its duties under the direct supervision, care and control of an assigned law enforcement officer;

(8) "Vehicle" means a "motor vehicle", as defined in section 14-1, a snowmobile, any aircraft, or any vessel equipped for propulsion by mechanical means or sail;

(9) "Peace officer" means a member of the Division of State Police within the Department of Emergency Services and Public Protection or an organized local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal while exercising authority granted under any provision of the general statutes, a judicial marshal in the performance of the duties of a judicial marshal, a conservation officer or special conservation officer, as defined in section 26-5, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, 29-18a or 29-19, an adult probation officer, an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility, any investigator in the investigations unit of the office of the State Treasurer, a United States marshal or deputy marshal, any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code, or a member of a law enforcement unit of the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut created and governed by a memorandum of agreement under section 47-65c who is certified as a police officer by the Police Officer Standards and Training Council pursuant to sections 7-294a to 7-294e, inclusive;

(10) "Firefighter" means any agent of a municipality whose duty it is to protect life and property therein as a member of a duly constituted fire department whether professional or volunteer;

(11) A person acts "intentionally" with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct;

(12) A person acts "knowingly" with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists;

(13) A person acts "recklessly" with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregarding it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation;

(14) A person acts with "criminal negligence" with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation;

(15) "Machine gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun;

(16) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger;

(17) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(18) "Pistol" or "revolver" means any firearm having a barrel less than twelve inches;

(19) "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, and any unfinished "frame or receiver", as that term is defined in this section;

(20) "Electronic defense weapon" means a weapon which by electronic impulse or current is capable of immobilizing a person temporarily, but is not capable of inflicting death or serious physical injury, including a stun gun or other conductive energy device;

(21) "Martial arts weapon" means a nunchaku, kama, kasari-fundo, octagon sai, tonfa or chinese star;

(22) "Employee of an emergency medical service organization" means an ambulance driver, emergency medical technician or paramedic, as defined in section 19a-175;

(23) "Railroad property" means all tangible property owned, leased or operated by a railroad carrier including, but not limited to, a right-of-way, track, roadbed, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal or any other structure or appurtenance or equipment owned, leased or used in the operation of a railroad carrier including a train, locomotive, engine, railroad car, signals or safety device or work equipment or rolling stock;

(24) "Frame or receiver" means the part of a sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged, that provides the action or housing for the hammer, bolt or breechblock and firing mechanism, and includes a frame or receiver blank, casting or machined body that requires further machining or molding and which is designed and intended to be used in the "manufacture" or "assembly" of a functional firearm, as those terms are defined in section 29-36, as amended by this act.

Sec. 2. Section 29-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) (1) No individual shall complete the manufacture of a firearm without (A) obtaining a unique serial number or other mark of identification from the Department of Emergency Services and Public Protection pursuant to section 3 of this act, and (B) engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 USC 923(i), as amended from time to time, and any regulation adopted thereunder.

(2) No individual shall complete the assembly of a firearm, unless such firearm (A) is a firearm to which a unique serial number or other mark of identification is permanently affixed to such firearm, or (B) was legally manufactured prior to October 1, 2018, without (i) obtaining a serial number or other mark of identification from the Department of Emergency Services and Public Protection pursuant to section 3 of this act, and (ii) engraving upon or permanently affixing to such firearm a unique serial number or other mark of identification in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 USC 923(i), as amended from time to time, and any regulation adopted thereunder.

(b) No individual shall complete the manufacture or assembly of any firearm from polymer plastic, unless such plastic is embedded with at least three point seven ounces of material type 17-4 PH stainless steel and such firearm is engraved or otherwise marked with a unique serial number or other mark of identification pursuant to subsection (a) of this section.

(c) Not later than thirty days after an individual completes manufacturing or assembling a firearm pursuant to this section, such individual shall notify the Department of Emergency Services and Public Protection and provide any identifying information to said department concerning the firearm and the owner of such firearm, in a manner provided by the Commissioner of Emergency Services and Public Protection.

[(a)] (d) No [person] individual shall remove, deface, alter or obliterate the name of any maker or model or any maker's number, unique serial number or other mark of identification on any firearm. [as defined in section 53a-3.] The possession of any firearm upon which any identifying mark, number or name has been removed, defaced, altered or obliterated shall be prima facie evidence that the [person] individual owning or in possession of such firearm has removed, defaced, altered or obliterated the same.

(e) No individual shall transfer to another individual any firearm manufactured or assembled in accordance with this section, except as provided in subdivision (2) of subsection (f) of this section.

(f) The provisions of this section shall not apply to (1) manufacture or assembly of firearms by a federally licensed firearm manufacturer, (2) (A) any firearm manufactured or assembled prior to October 21, 1968, provided such firearm is otherwise lawful, or (B) any replica of a firearm described in subparagraph (A) of this subdivision, or (3) delivery or transfer of a firearm to a law enforcement agency. Any firearm delivered or transferred to a law enforcement agency pursuant to this subsection shall be destroyed by the law enforcement agency.

(g) No individual shall knowingly facilitate, aid or abet the manufacture or assembly of a firearm pursuant to this section by an individual or for an individual who is otherwise prohibited by law from owning or possessing a firearm.

[(b)] (h) Any [person] individual who violates any provision of this section shall be guilty of a class C felony for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine, and any firearm found in the possession of any [person] individual in violation of said provision shall be forfeited.

(i) For purposes of this section, "manufacture" means to newly fabricate or construct a firearm, "assembly" means the fitting together of the component parts of a firearm to construct a firearm, "firearm" means firearm, as defined in section 53a-3, as amended by this act, and "law enforcement agency" means law enforcement agency, as defined in section 29-1i.

Sec. 3. (NEW) (Effective from passage) The Department of Emergency Services and Public Protection shall develop and maintain a system to distribute a unique serial number or other mark of identification to any individual requesting such number or mark in accordance with section 29-36 of the general statutes, as amended by this act. The department shall maintain identifying information of the individual requesting the number or mark and of the firearm for which each such number or mark is requested."

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

Section 1

October 1, 2018

53a-3

Sec. 2

October 1, 2018

29-36

Sec. 3

from passage

New section