Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 5573

   
 

*HB0554005573HRO*

Offered by:

 

REP. DUBITSKY, 47th Dist.

REP. FISHBEIN, 90th 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 Section 29-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) No individual shall manufacture a firearm without (1) first 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 (2) 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.

(b) No individual shall manufacture any firearm from polymer plastic that, after removal of grips, stocks, and magazines, is not as detectible as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. For purposes of this subsection, "firearm" does not include the frame or receiver of any such weapon and "Security Exemplar" means an object that is (1) constructed of 3.7 ounces of material type 17–4 PH stainless steel, in a shape resembling a handgun, or such lesser amount of material which the Attorney General determines is detectable in view of advances in state-of-the-art developments in weapons detection technology, and (2) suitable for testing and calibrating metal detectors.

(c) Not later than thirty days after an individual completes manufacturing 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 in violation of this section, except as provided in subdivision (2) or (3) of subsection (f) of this section.

(f) The provisions of this section shall not apply to (1) manufacture of firearms by a federally licensed firearm manufacturer, (2) delivery or transfer of a firearm to a law enforcement agency, or (3) any firearm manufactured prior to October 1, 2018. Any firearm delivered or transferred to a law enforcement agency pursuant to this subsection, which is found to have been manufactured in violation of this section, shall be destroyed.

(g) No individual shall knowingly facilitate, aid or abet the manufacture 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 fabricate or construct a firearm, "firearm" means firearm, as defined in section 53a-3, and "law enforcement agency" means law enforcement agency, as defined in section 29-1i.

Sec. 2. (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

29-36

Sec. 2

from passage

New section