CHAPTER 529

DIVISION OF STATE POLICE

Table of Contents

Sec. 29-6d. *(See end of section for amended version and effective date.) Use of body-worn recording equipment. When recording prohibited. Retention of data.

Sec. 29-11. State Police Bureau of Identification. Fees. Agreements re fingerprinting. Regulations.

Sec. 29-28. *(See end of section for amended version of subsection (b) and effective date.) Permit for sale at retail of pistol or revolver. Permit to carry pistol or revolver. Confidentiality of name and address of permit holder. Permits for out-of-state residents.

Sec. 29-36f. *(See end of section for amended version of subsection (b) and effective date.) Eligibility certificate for pistol or revolver.

Sec. 29-37i. (Formerly Sec. 29-37c). *(See end of section for amended version and effective date.) Responsibilities re storage of firearms.

Sec. 29-37p. *(See end of section for amended version of subsection (b) and effective date.) Long gun eligibility certificate. Disqualifiers.

Sec. 29-38. Weapons in vehicles. Penalty. Exceptions.

Sec. 29-38c. *(See end of section for amended version and effective date.) Seizure of firearms and ammunition from person posing risk of imminent personal injury to self or others.


Sec. 29-6d. *(See end of section for amended version and effective date.) Use of body-worn recording equipment. When recording prohibited. Retention of data. (a) For purposes of this section and section 7-277b:

(1) “Law enforcement agency” means the Division of State Police within the Department of Emergency Services and Public Protection, the special police forces established pursuant to section 10a-156b and any municipal police department that supplies any of its sworn members with body-worn recording equipment;

(2) “Police officer” means a sworn member of a law enforcement agency who wears body-worn recording equipment;

(3) “Body-worn recording equipment” means an electronic recording device that is capable of recording audio and video; and

(4) “Digital data storage device or service” means a device or service that retains the data from the recordings made by body-worn recording equipment using computer data storage.

(b) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly evaluate and approve the minimal technical specifications of body-worn recording equipment that may be worn by police officers pursuant to this section and digital data storage devices or services that may be used by a law enforcement agency to retain the data from the recordings made by such equipment. Not later than January 1, 2016, the commissioner and council shall make such minimal technical specifications available to each law enforcement agency in a manner determined by the commissioner and council. The commissioner and council may revise the minimal technical specifications when the commissioner and council determine that revisions to such specifications are necessary.

(c) (1) On and after July 1, 2019, each sworn member of (A) the Division of State Police within the Department of Emergency Services and Public Protection, (B) the special police forces established pursuant to section 10a-156b, (C) any municipal police department for a municipality that is a recipient of grant-in-aid as reimbursement for body-worn recording equipment pursuant to subparagraph (A), (B) or (D) of subdivision (1) of subsection (b) of section 7-277b or subdivision (2) of said subsection (b), and (D) any municipal police department for any other municipality that is a recipient of grant-in-aid as reimbursement for body-worn recording equipment pursuant to subparagraph (C) of subdivision (1) of said subsection (b) if such sworn member is supplied with such body-worn recording equipment, shall use body-worn recording equipment while interacting with the public in such sworn member's law enforcement capacity, except as provided in subsection (g) of this section, or in the case of a municipal police department, in accordance with the department's policy, if adopted by the department and based on guidelines maintained pursuant to subsection (j) of this section, concerning the use of body-worn recording equipment.

(2) Any sworn member of a municipal police department, other than those described in subdivision (1) of this subsection, may use body-worn recording equipment as directed by such department, provided the use of such equipment and treatment of data created by such equipment shall be in accordance with the provisions of subdivisions (3) and (4) of this subsection, and subsections (d) to (j), inclusive, of this section.

(3) Each police officer shall wear body-worn recording equipment on such officer's outer-most garment and shall position such equipment above the midline of such officer's torso when using such equipment.

(4) Body-worn recording equipment used pursuant to this section shall conform to the minimal technical specifications approved pursuant to subsection (b) of this section, except that a police officer may use body-worn recording equipment that does not conform to the minimal technical specifications approved pursuant to subsection (b) of this section, if such equipment was purchased prior to January 1, 2016, by the law enforcement agency employing such officer.

(d) Except as required by state or federal law, no person employed by a law enforcement agency shall edit, erase, copy, share or otherwise alter or distribute in any manner any recording made by body-worn recording equipment or the data from such recording.

(e) A police officer may review a recording from his or her body-worn recording equipment in order to assist such officer with the preparation of a report or otherwise in the performance of his or her duties.

(f) (1) If a police officer is giving a formal statement about the use of force or if a police officer is the subject of a disciplinary investigation in which a recording from body-worn recording equipment or a dashboard camera with a remote recorder, as defined in subsection (c) of section 7-277b, is being considered as part of a review of an incident, the officer shall have the right to review (A) such recording in the presence of the officer's attorney or labor representative, and (B) recordings from other body-worn recording equipment capturing the officer's image or voice during the incident. Not later than forty-eight hours following an officer's review of a recording under subparagraph (A) of this subdivision, or if the officer does not review the recording, not later than ninety-six hours following the initiation of such disciplinary investigation, whichever is earlier, such recording shall be disclosed, upon request, to the public, subject to the provisions of subsection (g) of this section.

(2) If a request is made for public disclosure of a recording from body-worn recording equipment or a dashboard camera of an incident about which (A) a police officer has not been asked to give a formal statement about the alleged use of force, or (B) a disciplinary investigation has not been initiated, any police officer whose image or voice is captured on the recording shall have the right to review such recording in the presence of the officer's attorney or labor representative. Not later than forty-eight hours following an officer's review of a recording under this subdivision, or if the officer does not review the recording, not later than ninety-six hours following the request for disclosure, whichever is earlier, such recording shall be disclosed to the public, subject to the provisions of subsection (g) of this section.

(g) (1) Except as otherwise provided by any agreement between a law enforcement agency and the federal government, no police officer shall use body-worn recording equipment to intentionally record (A) a communication with other law enforcement agency personnel, except that which may be recorded as the officer performs his or her duties, (B) an encounter with an undercover officer or informant, (C) when an officer is on break or is otherwise engaged in a personal activity, (D) a person undergoing a medical or psychological evaluation, procedure or treatment, (E) any person other than a suspect to a crime if an officer is wearing such equipment in a hospital or other medical facility setting, or (F) in a mental health facility, unless responding to a call involving a suspect to a crime who is thought to be present in the facility.

(2) No record created using body-worn recording equipment of (A) an occurrence or situation described in subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, (B) a scene of an incident that involves (i) a victim of domestic or sexual abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an accident, if disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy in the case of any such victim described in this subparagraph, or (C) a minor, shall be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, and any such record shall be confidential, except that a record of a minor shall be disclosed if (i) the minor and the parent or guardian of such minor consent to the disclosure of such record, (ii) a police officer is the subject of an allegation of misconduct made by such minor or the parent or guardian of such minor, and the person representing such officer in an investigation of such alleged misconduct requests disclosure of such record for the sole purpose of preparing a defense to such allegation, or (iii) a person is charged with a crime and defense counsel for such person requests disclosure of such record for the sole purpose of assisting in such person's defense and the discovery of such record as evidence is otherwise discoverable.

(h) No police officer shall use body-worn recording equipment prior to being trained in accordance with section 7-294s in the use of such equipment and in the retention of data created by such equipment, except that any police officer using such equipment prior to October 1, 2015, may continue to use such equipment prior to such training. A law enforcement agency shall ensure that each police officer such agency employs receives such training at least annually and is trained on the proper care and maintenance of such equipment.

(i) If a police officer is aware that any body-worn recording equipment is lost, damaged or malfunctioning, such officer shall inform such officer's supervisor as soon as is practicable. Upon receiving such information, the supervisor shall ensure that the equipment is inspected and repaired or replaced, as necessary. Each police officer shall inspect and test body-worn recording equipment prior to each shift to verify proper functioning, and shall notify such officer's supervisor of any problems with such equipment.

(j) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly maintain guidelines pertaining to the use of body-worn recording equipment, retention of data created by such equipment and methods for safe and secure storage of such data. Each law enforcement agency and any police officer and any other employee of such agency who may have access to such data shall adhere to such guidelines. The commissioner and council may update and reissue such guidelines, as the commissioner and council determine necessary. The commissioner and council shall, upon issuance of such guidelines or any update to such guidelines, submit such guidelines in accordance with the provisions of section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.

(June Sp. Sess. P.A. 15-4, S. 7; P.A. 16-33, S. 1; P.A. 17-225, S. 3, 4; P.A. 19-11, S. 2; 19-90, S. 2; P.A. 21-33, S. 2.)

*Note: On and after July 1, 2022, this section, as amended by section 19 of public act 20-1 of the July special session, section 3 of public act 21-33 and section 26 of public act 21-40, is to read as follows:

Sec. 29-6d. Use of body-worn recording equipment and dashboard cameras. When recording prohibited. Retention of data. (a) For purposes of this section and section 7-277b:

(1) “Law enforcement unit” has the same meaning as provided in section 7-294a;

(2) “Police officer” means a sworn member of a law enforcement unit or any member of a law enforcement unit who performs police duties;

(3) “Body-worn recording equipment” means an electronic recording device that is capable of recording audio and video;

(4) “Dashboard camera” means a dashboard camera with a remote recorder, as defined in section 7-277b;

(5) “Digital data storage device or service” means a device or service that retains the data from the recordings made by body-worn recording equipment using computer data storage; and

(6) “Police patrol vehicle” means any state or local police vehicle other than an administrative vehicle in which an occupant is wearing body-worn camera equipment, a bicycle, a motor scooter, an all-terrain vehicle, an electric personal assistive mobility device, as defined in subsection (a) of section 14-289h, or an animal control vehicle.

(b) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly evaluate and approve the minimal technical specifications of body-worn recording equipment that shall be worn by police officers pursuant to this section, dashboard cameras that shall be used in each police patrol vehicle and digital data storage devices or services that shall be used by a law enforcement unit to retain the data from the recordings made by such equipment. The commissioner and council shall make such minimal technical specifications available to each law enforcement unit in a manner determined by the commissioner and council. The commissioner and council may revise the minimal technical specifications when the commissioner and council determine that revisions to such specifications are necessary.

(c) (1) Each police officer shall use body-worn recording equipment while interacting with the public in such sworn member's law enforcement capacity, except as provided in subsection (g) of this section, or in the case of a municipal police department, in accordance with the department's policy adopted by the department and based on guidelines maintained pursuant to subsection (j) of this section, concerning the use of body-worn recording equipment.

(2) Each police officer shall wear body-worn recording equipment on such officer's outer-most garment and shall position such equipment above the midline of such officer's torso when using such equipment.

(3) Body-worn recording equipment used pursuant to this section shall conform to the minimal technical specifications approved pursuant to subsection (b) of this section, except that a police officer may use body-worn recording equipment that does not conform to the minimal technical specifications approved pursuant to subsection (b) of this section, if such equipment was purchased prior to January 1, 2016, by the law enforcement unit employing such officer.

(4) Each law enforcement unit shall require usage of a dashboard camera in each police patrol vehicle used by any police officer employed by such unit in accordance with the unit's policy adopted by the unit and based on guidelines maintained pursuant to subsection (j) of this section, concerning dashboard cameras.

(d) Except as required by state or federal law, no person employed by a law enforcement unit shall edit, erase, copy, share or otherwise alter or distribute in any manner any recording made by body-worn recording equipment or a dashboard camera or the data from such recording.

(e) A police officer may review a recording from his or her body-worn recording equipment or a dashboard camera in order to assist such officer with the preparation of a report or otherwise in the performance of his or her duties.

(f) (1) If a police officer is giving a formal statement about the use of force or if a police officer is the subject of a disciplinary investigation in which a recording from body-worn recording equipment or a dashboard camera is being considered as part of a review of an incident, the officer shall have the right to review (A) such recording in the presence of the officer's attorney or labor representative, and (B) recordings from other body-worn recording equipment capturing the officer's image or voice during the incident. Not later than forty-eight hours following an officer's review of a recording under subparagraph (A) of this subdivision, or if the officer does not review the recording, not later than ninety-six hours following the initiation of such disciplinary investigation, whichever is earlier, such recording shall be disclosed, upon request, to the public, subject to the provisions of subsection (g) of this section.

(2) If a request is made for public disclosure of a recording from body-worn recording equipment or a dashboard camera of an incident about which (A) a police officer has not been asked to give a formal statement about the alleged use of force, or (B) a disciplinary investigation has not been initiated, any police officer whose image or voice is captured on the recording shall have the right to review such recording in the presence of the officer's attorney or labor representative. Not later than forty-eight hours following an officer's review of a recording under this subdivision, or if the officer does not review the recording, not later than ninety-six hours following the request for disclosure, whichever is earlier, such recording shall be disclosed to the public, subject to the provisions of subsection (g) of this section.

(g) (1) Except as otherwise provided by any agreement between a law enforcement unit and the federal government, no police officer shall use body-worn recording equipment or a dashboard camera, if applicable, to intentionally record (A) a communication with other law enforcement unit personnel, except that which may be recorded as the officer performs his or her duties, (B) an encounter with an undercover officer or informant or an officer performing detective work described in guidelines developed pursuant to subsection (j) of this section, (C) when an officer is on break or is otherwise engaged in a personal activity, (D) a person undergoing a medical or psychological evaluation, procedure or treatment, (E) any person other than a suspect to a crime if an officer is wearing such equipment in a hospital or other medical facility setting, or (F) in a mental health facility, unless responding to a call involving a suspect to a crime who is thought to be present in the facility.

(2) No record created using body-worn recording equipment or a dashboard camera of (A) an occurrence or situation described in subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, (B) a scene of an incident that involves (i) a victim of domestic or sexual abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an accident, if disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy in the case of any such victim described in this subparagraph, or (C) a minor, shall be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, and any such record shall be confidential, except that a record of a minor shall be disclosed if (i) the minor and the parent or guardian of such minor consent to the disclosure of such record, (ii) a police officer is the subject of an allegation of misconduct made by such minor or the parent or guardian of such minor, and the person representing such officer in an investigation of such alleged misconduct requests disclosure of such record for the sole purpose of preparing a defense to such allegation, or (iii) a person is charged with a crime and defense counsel for such person requests disclosure of such record for the sole purpose of assisting in such person's defense and the discovery of such record as evidence is otherwise discoverable.

(h) No police officer shall use body-worn recording equipment prior to being trained in accordance with section 7-294s in the use of such equipment and in the retention of data created by such equipment. A law enforcement unit shall ensure that each police officer such unit employs receives such training at least annually and is trained on the proper care and maintenance of such equipment.

(i) If a police officer is aware that any body-worn recording equipment or dashboard camera is lost, damaged or malfunctioning, such officer shall inform such officer's supervisor in writing as soon as is practicable. Upon receiving such information, the supervisor shall ensure that the body-worn recording equipment or dashboard camera is inspected and repaired or replaced, as necessary. Each police officer shall inspect and test body-worn recording equipment prior to each shift to verify proper functioning, and shall notify such officer's supervisor of any problems with such equipment.

(j) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly maintain guidelines pertaining to the use of body-worn recording equipment and dashboard cameras, including the type of detective work an officer might engage in that should not be recorded, retention of data created by such equipment and dashboard cameras and methods for safe and secure storage of such data. The guidelines shall not require a law enforcement unit to store such data for a period longer than one year, except in the case where the unit knows the data is pertinent to any ongoing civil, criminal or administrative matter. Each law enforcement unit and any police officer and any other employee of such unit who may have access to such data shall adhere to such guidelines. The commissioner and council may update and reissue such guidelines, as the commissioner and council determine necessary. The commissioner and council shall, upon issuance of such guidelines or any update to such guidelines, submit such guidelines in accordance with the provisions of section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.”

(June Sp. Sess. P.A. 15-4, S. 7; P.A. 16-33, S. 1; P.A. 17-225, S. 3, 4; P.A. 19-11, S. 2; 19-90, S. 2; July Sp. Sess. P.A. 20-1, S. 19; P.A. 21-33, S. 2, 3; 21-40, S. 26.)

History: June Sp. Sess. P.A. 15-4 effective July 6, 2015; P.A. 16-33 amended Subsec. (g) by designating existing provisions re police officer using body-worn recording equipment to intentionally record as new Subdiv. (1) and amending same by redesignating existing Subdivs. (1) to (6) as Subparas. (A) to (F), and by designating existing provisions re record created using body-worn recording equipment as new Subdiv. (2) and amending same by adding provision re disclosure constituting unwarranted invasion of personal privacy, adding Subpara. (C) re minor, adding provisions re confidentiality and disclosure and making technical and conforming changes, effective May 26, 2016; P.A. 17-225 amended Subsec. (c)(1) to add provision re municipal police department policy, amended Subsec. (j) to delete reference to January 1, 2016, and replace “issue” with “maintain” re guidelines, and further amended Subsecs. (c)(1) and (j) to make technical changes; P.A. 19-11 amended Subsec. (c) by replacing “2016” with “2019”, adding references to Sec. 7-277(b)(1)(B) and (D), deleting reference to Sec. 7-277(b)(1)(C) and making a conforming change in Subdiv. (1), effective July 1, 2019; P.A. 19-90 amended Subsec. (f) by adding reference to dashboard camera with remote recorder and adding provision re disclosure of recording to the public; July Sp. Sess. P.A. 20-1 amended Subsec. (a) by deleting former Subdiv. (1), adding new Subdiv. (1) defining “law enforcement unit”, redefining “police officer” in Subdiv. (2), adding new Subdiv. (4) defining “dashboard camera”, redesignating existing Subdiv. (4) as Subdiv. (5) and adding Subdiv. (6) defining “police patrol vehicle”, amended Subsec. (b) by replacing “may” with “shall” re wearing of body-worn equipment and use for data retention and adding references to dashboard camera, amended Subsec. (c) by making the use of body-worn recording equipment mandatory for all police officers in Subdiv. (1), deleting former Subdiv. (2) re permissible use of body-worn recording equipment, redesignating existing Subdivs. (3) and (4) as Subdivs. (2) and (3) and adding new Subdiv. (4) re mandatory usage of dashboard cameras, amended Subsecs. (d) and (e) by adding references to dashboard camera, amended Subsec. (g) by adding references to dashboard camera and adding reference to officer performing detective work, amended Subsec. (h) by deleting exception for police officer using equipment prior to October 1, 2015, amended Subsec. (i) by adding “or dashboard camera”, “in writing” and “body-worn recording”, amended Subsec. (j) by adding references to dashboard cameras and to type of detective work and adding provision that guidelines not to require data storage for longer than one year and made technical and conforming changes throughout, effective July 1, 2022; P.A. 21-33 amended Subsec. (f) by making existing language Subdiv. (1) and redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B), by providing that the 96-hour window for disclosure follows the initiation of investigation rather than the recorded incident, by making technical changes and by adding new Subdiv. (2) re requested disclosure when an officer has not been asked to give a formal statement or where no disciplinary investigation has been initiated; P.A. 21-40 made a technical change in Subsec. (a)(1), effective July 1, 2022.

Sec. 29-11. State Police Bureau of Identification. Fees. Agreements re fingerprinting. Regulations. (a) The bureau in the Division of State Police within the Department of Emergency Services and Public Protection known as the State Police Bureau of Identification shall be maintained for the purposes of: (1) Providing an authentic record of each person sixteen years of age or over who is charged with the commission of any crime involving moral turpitude, (2) providing definite information relative to the identity of each person so arrested, (3) providing a record of the final judgment of the court resulting from such arrest, unless such record has been erased pursuant to section 54-142a, and (4) maintaining a central repository of complete criminal history record disposition information. The Commissioner of Emergency Services and Public Protection is directed to maintain the State Police Bureau of Identification, which bureau shall receive, classify and file in an orderly manner all fingerprints, pictures and descriptions, including previous criminal records as far as known of all persons so arrested, and shall classify and file in a like manner all identification material and records received from the government of the United States and from the various state governments and subdivisions thereof, and shall cooperate with such governmental units in the exchange of information relative to criminals. The State Police Bureau of Identification shall accept fingerprints of applicants for admission to the bar of the state and, to the extent permitted by federal law, shall exchange state, multistate and federal criminal history records with the State Bar Examining Committee for purposes of investigation of the qualifications of any applicant for admission as an attorney under section 51-80. The record of all arrests reported to the bureau after March 16, 1976, shall contain information of any disposition within ninety days after the disposition has occurred.

(b) Any cost incurred by the State Police Bureau of Identification in conducting any name search and fingerprinting of applicants for admission to the bar of the state shall be paid from fees collected by the State Bar Examining Committee.

(c) (1) (A) The Commissioner of Emergency Services and Public Protection shall charge the following fees for the service indicated: (i) Name search, thirty-six dollars; (ii) fingerprint search, seventy-five dollars; (iii) personal record search, seventy-five dollars; (iv) letters of good conduct search, seventy-five dollars; (v) bar association search, seventy-five dollars; (vi) fingerprinting, fifteen dollars; and (vii) criminal history record information search, seventy-five dollars.

(B) The commissioner may waive fees imposed under subparagraph (A)(vii) of this subdivision for any applicant requesting a criminal history record information search for the purpose of applying for a pardon authorized pursuant to section 54-124a, provided such applicant completes a form prescribed by the Department of Emergency Services and Public Protection representing such person's indigency.

(2) Except as provided in subsection (b) of this section, the provisions of this subsection shall not apply to any (A) federal, state or municipal agency, (B) volunteer fire company or department, or (C) volunteer ambulance service or company. The commissioner shall not require a volunteer fire company or department or a volunteer ambulance service or company to provide proof of insurance as a condition to receiving the waiver of fees pursuant to the provisions of this subsection.

(d) The Commissioner of Emergency Services and Public Protection may enter into one or more agreements with independent contractors requiring such contractors to receive and transmit by electronic means fingerprints and demographic information to the State Police Bureau of Identification for the processing of criminal history records checks. The commissioner shall require such contractors to: (1) Collect and remit the fee charged for fingerprinting, as provided in subsection (c) of this section, to the State Police Bureau of Identification, and (2) comply with terms and conditions as the commissioner shall prescribe to protect and ensure the security, privacy, confidentiality and value of the fingerprints and demographic information received and transmitted by such contractors. The commissioner may authorize such contractors to charge a convenience fee, which shall not exceed fifteen dollars, for fingerprinting.

(e) The Commissioner of Emergency Services and Public Protection may adopt regulations, in accordance with the provisions of chapter 54, necessary to implement the provisions of the National Child Protection Act of 1993, the Violent Crime Control and Law Enforcement Act of 1994, the Volunteers for Children Act of 1998, and the National Crime Prevention and Privacy Compact as provided in section 29-164f to provide for national criminal history records checks to determine an employee's or volunteer's suitability and fitness to care for the safety and well-being of children, the elderly and individuals with disabilities.

(1949 Rev., S. 3653; P.A. 76-333, S. 1; P.A. 77-614, S. 486, 610; P.A. 78-200, S. 3; P.A. 90-151, S. 1, 3; May Sp. Sess. P.A. 92-6, S. 55, 117; P.A. 94-117, S. 3; P.A. 98-170; P.A. 07-246, S. 1; June Sp. Sess. P.A. 09-3, S. 307; P.A. 11-51, S. 134; P.A. 13-32, S. 12; June Sp. Sess. P.A. 17-2, S. 666; P.A. 18-161, S. 1; P.A. 21-32, S. 7; June Sp. Sess. P.A. 21-2, S. 84.)

History: P.A. 76-333 added word “police” in references to “state police bureau of identification”; P.A. 77-614 made state police department a division within the department of public safety and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 78-200 set off purposes for maintaining identification bureau with Subdiv. indicators, substituted “sixteen years of age or over” for “over sixteen years of age” in Subdiv. (1), added reference to erasure of records in Subdiv. (3), added new Subdiv. (4) re central repository of criminal history record disposition information and required that arrest records contain disposition information within 90 days of disposition after March 16, 1976; P.A. 90-151 added provisions re acceptance of fingerprints of applicants for admission to the bar and exchange of criminal history records with the bar examining committee; May Sp. Sess. P.A. 92-6 added new Subsec. (c) to establish fees for name search, fingerprint search, personal record search, letters of good conduct, bar association search and fingerprinting; P.A. 94-117 amended Subsec. (c) by adding fee of $15 for criminal history record search and $10 for each copy of a search; P.A. 98-170 amended Subsec. (c) by increasing the fee for a name search to $18 and the fees for a fingerprint search, personal record search, letters of good conduct search, bar association search or criminal history record information search to $25 and by deleting fee for copies of searches; P.A. 07-246 added Subsec. (d) re regulations; June Sp. Sess. P.A. 09-3 amended Subsec. (c) to increase fees; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; P.A. 13-32 amended Subsec. (a) to make technical changes, effective July 1, 2013; June Sp. Sess. P.A. 17-2 amended Subsec. (c) to increase fees for fingerprint, personal record, letters of good conduct, bar association and criminal history record information searches from $50 to $75, effective December 1, 2017, and applicable to background check services requested on or after December 1, 2017; P.A. 18-161 added new Subsec. (d) re agreements with independent contractors to receive and transmit fingerprints and demographic information, redesignated existing Subsec. (d) as Subsec. (e), and made a technical change, effective July 1, 2018; P.A. 21-32 amended Subsec. (c) by designating existing language as Subdiv. (1) and redesignating existing Subdivs. (1) to (7) as Subparas. (A) to (G) and by adding Subdiv. (2) re waiver of fees, effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (c) to designate existing provisions re fees in Subdiv. (1) as Subpara. (A) and redesignate existing Subparas. (A) to (G) as clauses (i) to (vii), redesignate existing Subdiv. (2) as Subpara. (B), designate existing provision re exception as new Subdiv. (2) and amend the same by designating existing provision re federal, state or municipal agency as Subpara. (A), adding Subpara. (B) re volunteer fire company or department, adding Subpara. (C) re volunteer ambulance service or company and adding provision re proof of insurance, and make a technical change, effective July 1, 2021.

Sec. 29-28. *(See end of section for amended version of subsection (b) and effective date.) Permit for sale at retail of pistol or revolver. Permit to carry pistol or revolver. Confidentiality of name and address of permit holder. Permits for out-of-state residents. (a) No person who sells ten or more pistols or revolvers in a calendar year or is a federally licensed firearm dealer shall advertise, sell, deliver, or offer or expose for sale or delivery, or have in such person's possession with intent to sell or deliver, any pistol or revolver at retail without having a permit therefor issued as provided in this subsection. The chief of police or, where there is no chief of police, the warden of the borough or the first selectman of the town, as the case may be, may, upon the application of any person, issue a permit in such form as may be prescribed by the Commissioner of Emergency Services and Public Protection for the sale at retail of pistols and revolvers within the jurisdiction of the authority issuing such permit. No permit for the sale at retail of any pistol or revolver shall be issued unless the applicant holds a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or a valid state permit to carry a pistol or revolver issued pursuant to subsection (b) of this section and the applicant submits documentation sufficient to establish that local zoning requirements have been met for the location where the sale is to take place, except that any person selling or exchanging a pistol or revolver for the enhancement of a personal collection or for a hobby or who sells all or part of such person's personal collection of pistols or revolvers shall not be required to submit such documentation for the location where the sale or exchange is to take place.

*(b) Upon the application of any person having a bona fide permanent residence 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 Emergency Services and Public Protection 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 Energy and 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) a felony, or (B) on or after October 1, 1994, a violation 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, (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) (A) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, (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, including an ex parte order issued pursuant to section 46b-15 or 46b-16a, (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 (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. No person may apply for a temporary state permit to carry a pistol or revolver more than once within any twelve-month period, and no temporary state permit to carry a pistol or revolver shall be issued to any person who has applied for such permit more than once within the preceding twelve months. Any person who applies for a temporary state permit to carry a pistol or revolver shall indicate in writing on the application, under penalty of false statement in such manner as the issuing authority prescribes, that such person has not applied for a temporary state permit to carry a pistol or revolver within the past twelve months. Upon issuance of a temporary state permit to carry a pistol or revolver 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. The 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 make available to the permit holder a copy of the law regarding the permit holder's responsibility to report the loss or theft of a firearm and the penalties associated with the failure to comply with such law. 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.

(c) No issuing authority may require any sworn member of the Department of Emergency Services and Public Protection or an organized local police department to furnish such sworn member's residence address in a permit application. The issuing authority shall allow each such sworn member who has a permit to carry a pistol or revolver issued by such authority to revise such member's application to include a business or post office address in lieu of the residence address. The issuing authority shall notify each such member of the right to revise such application.

(d) Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a permit to sell at retail pistols and revolvers pursuant to subsection (a) of this section or a state or a temporary state permit to carry a pistol or revolver pursuant to subsection (b) of this section, or a local permit to carry pistols and revolvers issued by local authorities prior to October 1, 2001, shall be confidential and shall not be disclosed, except (1) such information may be disclosed to law enforcement officials acting in the performance of their duties, including, but not limited to, employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, (2) the issuing authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33, 29-37a or 29-38m for verification that such state or temporary state permit is still valid and has not been suspended or revoked, and the local authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33, 29-37a or 29-38m for verification that a local permit is still valid and has not been suspended or revoked, and (3) such information may be disclosed to the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.

(e) The issuance of any permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying of a pistol or revolver is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises.

(f) Any bona fide resident of the United States having no bona fide permanent residence within the jurisdiction of any local authority in the state, but who has a permit or license to carry a pistol or revolver issued by the authority of another state or subdivision of the United States, may apply directly to the Commissioner of Emergency Services and Public Protection for a permit to carry a pistol or revolver in this state. All provisions of subsections (b), (c), (d) and (e) of this section shall apply to applications for a permit received by the commissioner under this subsection.

(1949 Rev., S. 4158, 4159; 1959, P.A. 615, S. 19; P.A. 77-614, S. 486, 610; P.A. 90-155, S. 1; P.A. 92-130, S. 4, 10; P.A. 93-172, S. 1; July Sp. Sess. P.A. 94-1, S. 4; P.A. 98-129, S. 6; P.A. 99-212, S. 19; P.A. 01-130, S. 4; P.A. 05-283, S. 4; P.A. 07-163, S. 2; P.A. 11-51, S. 134; 11-80, S. 1; P.A. 12-177, S. 1; P.A. 13-3, S. 57; 13-220, S. 14; P.A. 15-216, S. 3; June Sp. Sess. P.A. 15-2, S. 3; P.A. 16-34, S. 8.)

*Note: On and after June 1, 2022, subsection (b) of this section, as amended by section 3 of public act 21-67, is to read as follows:

“(b) Upon the application of any person having a bona fide permanent residence 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 Emergency Services and Public Protection 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 Energy and 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) a felony, or (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the preceding twenty years, (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) (A) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, (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, including an ex parte order issued pursuant to section 46b-15 or 46b-16a, (7) is subject to a firearms seizure order issued prior to June 1, 2022, pursuant to section 29-38c after notice and hearing, or a risk protection order or risk protection investigation order issued on or after June 1, 2022, pursuant to section 29-38c, (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 (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. No person may apply for a temporary state permit to carry a pistol or revolver more than once within any twelve-month period, and no temporary state permit to carry a pistol or revolver shall be issued to any person who has applied for such permit more than once within the preceding twelve months. Any person who applies for a temporary state permit to carry a pistol or revolver shall indicate in writing on the application, under penalty of false statement in such manner as the issuing authority prescribes, that such person has not applied for a temporary state permit to carry a pistol or revolver within the past twelve months. Upon issuance of a temporary state permit to carry a pistol or revolver 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. The 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 make available to the permit holder a copy of the law regarding the permit holder's responsibility to report the loss or theft of a firearm and the penalties associated with the failure to comply with such law. 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.”

(1949 Rev., S. 4158, 4159; 1959, P.A. 615, S. 19; P.A. 77-614, S. 486, 610; P.A. 90-155, S. 1; P.A. 92-130, S. 4, 10; P.A. 93-172, S. 1; July Sp. Sess. P.A. 94-1, S. 4; P.A. 98-129, S. 6; P.A. 99-212, S. 19; P.A. 01-130, S. 4; P.A. 05-283, S. 4; P.A. 07-163, S. 2; P.A. 11-51, S. 134; 11-80, S. 1; P.A. 12-177, S. 1; P.A. 13-3, S. 57; 13-220, S. 14; P.A. 15-216, S. 3; June Sp. Sess. P.A. 15-2, S. 3; P.A. 16-34, S. 8; P.A. 21-67, S. 3.)

History: 1959 act corrected typographical error; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 90-155 added provision re compliance with local zoning requirements; P.A. 92-130 divided section into two Subsecs., inserting new language as Subsec. (b) to prohibit issuing authority from requiring police officers to furnish their residence addresses in permit applications and to require issuing authority to allow police officers who have a permit to carry a pistol or revolver on May 26, 1992, to revise such applications to include business or post office address in lieu of residence address; P.A. 93-172 amended Subsec. (a) to require copy of state permit delivered to permittee to be laminated and contain full-face photograph of permittee; July Sp. Sess. P.A. 94-1 amended Subsec. (a) to require any person “who sells ten or more pistols or revolvers in a calendar year or is a federally-licensed firearm dealer” to obtain a permit for the sale at retail of pistols and revolvers and to prohibit the issuance of such permit unless the applicant holds a valid eligibility certificate or valid permit to carry, designated as Subsec. (b) existing provisions re application for and issuance of permit to carry and amended said Subsec. to replace provision prohibiting the issuance of such permit to an alien with provision prohibiting the issuance of such permit to any applicant who comes within any of the six specified circumstances, add provision exempting current permit holders from additional training and add provision requiring a permit holder to notify the issuing authority of any change of address, redesignated former Subsec. (b) as Subsec. (c) and added Subsec. (d) re confidentiality of name and address of permit holders; P.A. 98-129 added new Subsec. (b)(3) prohibiting the issuance of a permit to an applicant who has been convicted as delinquent of a serious juvenile offense, renumbering the remaining Subdivs. accordingly, and replacing in Subdiv. (5) “hospital for mental illness” with “hospital for persons with psychiatric disabilities”, added Subsec. (d)(3) authorizing the disclosure of such information to the Commissioner of Mental Health and Addiction Services to carry out the provisions of Sec. 17a-500(c), and added new Subsec. (e) to provide that the issuance of a permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver where prohibited by law or by the person who owns or exercises control over the premises; P.A. 99-212 added new Subsec. (b)(7) prohibiting the issuance of a permit to an applicant who is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice and hearing, renumbering remaining Subdiv. accordingly, and made provisions gender neutral; P.A. 01-130 amended Subsecs. (a), (b) and (d) to establish state permits for sale at retail and state permits to carry pistols and revolvers in place of local permits for sale and local permits to carry, added Subsec. (b)(9) prohibiting a state permit to carry from being issued to persons under age 21, added Subsec. (f) providing for out-of-state residents to obtain state permits to carry, and made technical and conforming changes throughout; P.A. 05-283 added new Subsec. (b)(8) prohibiting the issuance of a permit to an applicant who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922 (g)(4), redesignated existing Subdivs. (8) and (9) as Subdivs. (9) and (10); P.A. 07-163 amended Subsec. (b) to add provision requiring commissioner, upon issuance of state permit, to make available to permit holder a copy of the law requiring reporting of the loss or theft of a firearm and penalties for failure to comply with the law; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011; P.A. 12-177 amended Subsec. (d)(1) to permit disclosure of information to employees of the U.S. Probation Office acting in performance of their duties; P.A. 13-3 amended Subsec. (b) to add “permanent” re bona fide residence and delete “or place of business” re within jurisdiction, to replace “twelve months” with “sixty months” re hospital confinement by probate court order and add Subpara. (B) re voluntary admission in Subdiv. (5), and to add provisions prohibiting application for and issuance of a temporary state permit to carry a pistol or revolver more than once within any 12-month period, amended Subsec. (d)(2) to add references to request made pursuant to Sec. 29-37a or 29-38m, amended Subsec. (f) to add “permanent” re bona fide residence and delete “or place of business” re within jurisdiction, and made technical and conforming changes; P.A. 13-220 amended Subsec. (b)(2) to limit disqualifying violations to those committed on or after October 1, 1994, and make technical changes; P.A. 15-216 amended Subsec. (d)(1) to add reference to parole officers within Department of Correction; June Sp. Sess. P.A. 15-2 amended Subsec. (b)(2)(B) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-34 amended Subsec. (b)(6) by adding “including an ex parte order issued pursuant to section 46b-15 or 46b-16a”; P.A. 21-67 amended Subsec. (b)(2)(B) by replacing “on or after October 1, 1994, a violation of section 21a-279 or” with “a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of” and adding “during the preceding twenty years” at the end of newly designated Subpara. (C) and amended Subsec. (b)(7) by adding reference to June 1, 2022, and language re a risk protection order or investigation and making a technical change, effective June 1, 2022.

Sec. 29-36f. *(See end of section for amended version of subsection (b) and effective date.) Eligibility certificate for pistol or revolver. (a) Any person who is twenty-one years of age or older may apply to the Commissioner of Emergency Services and Public Protection for an eligibility certificate for a pistol or revolver.

*(b) The Commissioner of Emergency Services and Public Protection shall issue an eligibility certificate unless said commissioner finds that the applicant: (1) Has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection 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 Energy and 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 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; (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) (A) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court; or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680; (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, including an ex parte order issued pursuant to section 46b-15 or section 46b-16a; (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); or (9) is an alien illegally or unlawfully in the United States.

(July Sp. Sess. P.A. 94-1, S. 7; P.A. 98-129, S. 14; P.A. 99-212, S. 20; P.A. 05-283, S. 5; P.A. 11-51, S. 134; 11-80, S. 1; P.A. 13-3, S. 58; June Sp. Sess. P.A. 15-2, S. 4; P.A. 16-34, S. 9.)

*Note: On and after June 1, 2022, subsection (b) of this section, as amended by section 4 of public act 21-67, is to read as follows:

“(b) The Commissioner of Emergency Services and Public Protection shall issue an eligibility certificate unless said commissioner finds that the applicant: (1) Has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection 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 Energy and 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) a felony, (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the preceding twenty years; (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) (A) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court; or (B) has been voluntarily admitted on or after October 1, 2013, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680; (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, including an ex parte order issued pursuant to section 46b-15 or section 46b-16a; (7) is subject to a firearms seizure order issued prior to June 1, 2022, pursuant to section 29-38c after notice and hearing, or a risk protection order or risk protection investigation order issued on or after June 1, 2022, pursuant to section 29-38c; (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4); or (9) is an alien illegally or unlawfully in the United States.”

(July Sp. Sess. P.A. 94-1, S. 7; P.A. 98-129, S. 14; P.A. 99-212, S. 20; P.A. 05-283, S. 5; P.A. 11-51, S. 134; 11-80, S. 1; P.A. 13-3, S. 58; June Sp. Sess. P.A. 15-2, S. 4; P.A. 16-34, S. 9; P.A. 21-67, S. 4.)

History: P.A. 98-129 added new Subsec. (b)(3) prohibiting the issuance of an eligibility certificate to an applicant who has been convicted as delinquent for the commission of a serious juvenile offense, renumbering the remaining Subdivs. accordingly, and replacing in Subdiv. (5) “hospital for mental illness” with “hospital for persons with psychiatric disabilities”; P.A. 99-212 added new Subsec. (b)(7) prohibiting the issuance of an eligibility certificate to an applicant who is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice and hearing, renumbering remaining Subdiv. accordingly, and made provisions gender neutral; P.A. 05-283 added new Subsec. (b)(8) prohibiting the issuance of an eligibility certificate to an applicant who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922 (g)(4), and redesignated existing Subdiv. (8) as Subdiv. (9); pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011; P.A. 13-3 amended Subsec. (b)(5) to designate existing provisions as Subpara. (A) and amend same by replacing “twelve months” with “sixty months” re hospital confinement by probate court order, and to add Subpara. (B) re voluntary admission; June Sp. Sess. P.A. 15-2 amended Subsec. (b)(2) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-34 amended Subsec. (b) by making a technical change in Subdiv. (5)(B) and adding “, including an ex parte order issued pursuant to section 46b-15 or section 46b-16a” in Subdiv. (6); P.A. 21-67 amended Subsec. (b)(2) by replacing “a felony or of a violation of section 21a-279 or” with “(A) a felony, (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of” and adding “during the preceding twenty years” at the end of newly designated Subpara. (C) and amended Subsec. (b)(7) by adding reference to June 1, 2022, and language re a risk protection order or investigation and making a technical change, effective June 1, 2022.

Sec. 29-37i. (Formerly Sec. 29-37c). *(See end of section for amended version and effective date.) Responsibilities re storage of firearms. No person shall store or keep any firearm, as defined in section 53a-3, on any premises under such person's control if such person knows or reasonably should know that (1) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor, (2) a resident of the premises is ineligible to possess a firearm under state or federal law, or (3) a resident of the premises poses a risk of imminent personal injury to himself or herself or to other individuals, unless such person (A) keeps the firearm in a securely locked box or other container or in a manner which a reasonable person would believe to be secure, or (B) carries the firearm on his or her person or within such close proximity thereto that such person can readily retrieve and use the firearm as if such person carried the firearm on his or her person. For the purposes of this section, “minor” means any person under the age of eighteen years.

(P.A. 90-144, S. 1; P.A. 13-3, S. 54; P.A. 19-5, S. 1.)

*Note: On and after June 1, 2022, this section, as amended by section 8 of public act 21-67, is to read as follows:

Sec. 29-37i. (Formerly Sec. 29-37c). Responsibilities re storage of firearms. No person shall store or keep any firearm, as defined in section 53a-3, on any premises under such person's control if such person knows or reasonably should know that (1) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor, (2) a resident of the premises is ineligible to possess a firearm under state or federal law, (3) a resident of the premises is subject to a risk protection order issued pursuant to section 29-38c, or (4) a resident of the premises poses a risk of imminent personal injury to himself or herself or to another person, unless such person (A) keeps the firearm in a securely locked box or other container or in a manner which a reasonable person would believe to be secure, or (B) carries the firearm on his or her person or within such close proximity thereto that such person can readily retrieve and use the firearm as if such person carried the firearm on his or her person. For the purposes of this section, “minor” means any person under the age of eighteen years.”

(P.A. 90-144, S. 1; P.A. 13-3, S. 54; P.A. 19-5, S. 1; P.A. 21-67, S. 8.)

History: Sec. 29-37c transferred to Sec. 29-37i in 1993; P.A. 13-3 designated existing provision re minor likely to gain access without permission as new Subdiv. (1), added new Subdiv. (2) re resident ineligible to possess firearm and Subdiv. (3) re resident who poses risk of imminent injury to self or others and made technical and conforming changes; P.A. 19-5 replaced “loaded firearm” with “firearm, as defined in section 53a-3,”, replaced “location” with “manner” in Subdiv. (3)(A), and redefined “minor”; P.A. 21-67 added Subdiv. (3) re resident subject to risk protection order and redesignated existing Subdiv. (3) as Subdiv. (4) and made a technical change in same, effective June 1, 2022.

Sec. 29-37p. *(See end of section for amended version of subsection (b) and effective date.) Long gun eligibility certificate. Disqualifiers. (a) Any person who is eighteen years of age or older may apply to the Commissioner of Emergency Services and Public Protection for a long gun eligibility certificate.

*(b) The Commissioner of Emergency Services and Public Protection shall issue a long gun eligibility certificate unless said commissioner finds that the applicant: (1) Has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of firearms including, but not limited to, a safety or training course in the use of firearms 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 Energy and Environmental Protection and a safety or training course in the use of firearms conducted by an instructor certified by the state or the National Rifle Association; (2) has been convicted of (A) a felony, or (B) on or after October 1, 1994, a violation 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; (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 sixty months by order of a probate court; (6) has been voluntarily admitted to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680; (7) 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, including an ex parte order issued pursuant to section 46b-15 or 46b-16a; (8) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing; (9) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4); or (10) is an alien illegally or unlawfully in the United States.

(P.A. 13-3, S. 2; 13-220, S. 15; June Sp. Sess. P.A. 15-2, S. 5; P.A. 16-34, S. 10.)

*Note: On and after June 1, 2022, subsection (b) of this section, as amended by section 5 of public act 21-67, is to read as follows:

“(b) The Commissioner of Emergency Services and Public Protection shall issue a long gun eligibility certificate unless said commissioner finds that the applicant: (1) Has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of firearms including, but not limited to, a safety or training course in the use of firearms 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 Energy and Environmental Protection and a safety or training course in the use of firearms conducted by an instructor certified by the state or the National Rifle Association; (2) has been convicted of (A) a felony, (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the preceding twenty years; (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 sixty months by order of a probate court; (6) has been voluntarily admitted to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680; (7) 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, including an ex parte order issued pursuant to section 46b-15 or 46b-16a; (8) is subject to a firearms seizure order issued prior to June 1, 2022, pursuant to section 29-38c after notice and hearing, or a risk protection order or risk protection investigation order issued on or after June 1, 2022, pursuant to section 29-38c; (9) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4); or (10) is an alien illegally or unlawfully in the United States.”

(P.A. 13-3, S. 2; 13-220, S. 15; June Sp. Sess. P.A. 15-2, S. 5; P.A. 16-34, S. 10; P.A. 21-67, S. 5.)

History: P.A. 13-3 effective July 1, 2013; P.A. 13-220 amended Subsec. (b)(2)(B) to limit disqualifying violations to those committed on or after October 1, 1994, effective July 1, 2013; June Sp. Sess. P.A. 15-2 amended Subsec. (b)(2)(B) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-34 amended Subsec. (b)(7) by adding “, including an ex parte order issued pursuant to section 46b-15 or 46b-16a”; P.A. 21-67 amended Subsec. (b)(2) by replacing “or (B) on or after October 1, 1994, a violation of section 21a-279 or” with “(B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of” and adding “during the preceding twenty years” at the end of newly designated Subpara. (C) and amended Subsec. (b)(7) by adding reference to June 1, 2022, and language re a risk protection order or investigation and making a technical change, effective June 1, 2022.

Sec. 29-38. Weapons in vehicles. Penalty. Exceptions. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28 or any machine gun which has not been registered as required by section 53-202, shall be guilty of a class D felony, and the presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall be prima facie evidence of a violation of this section by the owner, operator and each occupant thereof. The word “weapon”, as used in this section, means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or more in length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument.

(b) The provisions of this section shall not apply to: (1) Any officer charged with the preservation of the public peace while engaged in the pursuit of such officer's official duties; (2) any security guard having a baton or nightstick in a vehicle while engaged in the pursuit of such guard's official duties; (3) any person enrolled in and currently attending a martial arts school, with official verification of such enrollment and attendance, or any certified martial arts instructor, having any such martial arts weapon in a vehicle while traveling to or from such school or to or from an authorized event or competition; (4) any person having a BB. gun in a vehicle provided such weapon is unloaded and stored in the trunk of such vehicle or in a locked container other than the glove compartment or console; (5) any person having a knife, the edged portion of the blade of which is four inches or more in length, in a vehicle if such person is (A) any member of the armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of the state, as defined in section 27-2, when on duty or going to or from duty, (B) any member of any military organization when on parade or when going to or from any place of assembly, (C) any person while transporting such knife as merchandise or for display at an authorized gun or knife show, (D) any person while lawfully removing such person's household goods or effects from one place to another, or from one residence to another, (E) any person while actually and peaceably engaged in carrying any such knife from such person's place of abode or business to a place or person where or by whom such knife is to be repaired, or while actually and peaceably returning to such person's place of abode or business with such knife after the same has been repaired, (F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any saltwater fisherman while having such knife in a vehicle for lawful hunting, fishing or trapping activities, or (G) any person participating in an authorized historic reenactment; (6) any person having an electronic defense weapon, as defined in section 53a-3, in a vehicle, who is twenty-one years of age or older and possesses a permit or certificate issued under the provisions of section 29-28, 29-36f, 29-37p or 29-38n; or (7) any person having a dirk knife or police baton in a vehicle while lawfully moving such person's household goods or effects from one place to another, or from one residence to another.

(1949 Rev., S. 4169; 1953, S. 2133d; P.A. 86-280, S. 1; P.A. 87-220, S. 2; P.A. 98-129, S. 11; June Sp. Sess. P.A. 98-1, S. 120, 121; P.A. 99-212, S. 14; P.A. 10-32, S. 98; P.A. 13-258, S. 94; P.A. 14-122, S. 46; P.A. 16-178, S. 1; P.A. 21-31, S. 1.)

History: P.A. 86-280 included martial arts weapons in definition of weapon and added exception for persons enrolled in and attending a martial arts school while traveling to and from such school; P.A. 87-220 made technical changes and deleted provision including “nunchaku and chinese stars” within meaning of a martial arts weapon since weapons are already included in referenced definition of Sec. 53a-3; P.A. 98-129 deleted reference to a permit for a weapon issued pursuant to Sec. 53-206, redefined “weapon” to add BB. gun and electronic defense weapon and exclude sand bag and slung shot and added exception permitting certain individuals to have a knife with a blade of four inches or more in a vehicle; June Sp. Sess. P.A. 98-1 repealed Sec. 11 of P.A. 98-129, thereby nullifying the changes in P.A. 98-129, effective June 24, 1998; P.A. 99-212 inserted Subsec. indicators, amended Subsec. (a) to delete reference to a permit for a weapon issued pursuant to Sec. 53-206, redefined “weapon” to add BB. gun, police baton or nightstick and electronic defense weapon and delete slung shot and sand bag, rephrased and repositioned provisions and made provisions gender neutral and added new Subsec. (b)(1) and (2) re exceptions for officer charged with preservation of public peace and for security guard having a baton or nightstick in vehicle, designated existing exception for martial arts students as Subdiv. (3) and amended said Subdiv. to include any certified martial arts instructor and include having martial arts weapon in vehicle while traveling to or from an authorized event or competition, and added Subsec. (b)(4) re exceptions for any person having BB. gun that is unloaded and secured in vehicle and for certain persons having knife with a blade of four inches or more in vehicle under certain circumstances; P.A. 10-32 made technical changes, effective May 10, 2010; P.A. 13-258 amended Subsec. (a) to change penalty from fine of not more than $1,000 or imprisonment of not more than 5 years to a class D felony; P.A. 14-122 made a technical change in Subsec. (b)(5)(F); P.A. 16-178 amended Subsec. (b) by adding Subdiv. (6) re person having dirk knife or police baton in vehicle; P.A. 21-31 amended Subsec. (b) by adding new Subdiv. (6) re electronic defense weapons and redesignating existing Subdiv. (6) as Subdiv. (7), effective July 1, 2021.

Sec. 29-38c. *(See end of section for amended version and effective date.) Seizure of firearms and ammunition from person posing risk of imminent personal injury to self or others. (a) Upon complaint on oath by any state's attorney or assistant state's attorney or by any two police officers, to any judge of the Superior Court, that such state's attorney or police officers have probable cause to believe that (1) a person poses a risk of imminent personal injury to himself or herself or to other individuals, (2) such person possesses one or more firearms, and (3) such firearm or firearms are within or upon any place, thing or person, such judge may issue a warrant commanding a proper officer to enter into or upon such place or thing, search the same or the person and take into such officer's custody any and all firearms and ammunition. Such state's attorney or police officers shall not make such complaint unless such state's attorney or police officers have conducted an independent investigation and have determined that such probable cause exists and that there is no reasonable alternative available to prevent such person from causing imminent personal injury to himself or herself or to others with such firearm.

(b) A warrant may issue only on affidavit sworn to by the complainant or complainants before the judge and establishing the grounds for issuing the warrant, which affidavit shall be part of the seizure file. In determining whether grounds for the application exist or whether there is probable cause to believe they exist, the judge shall consider: (1) Recent threats or acts of violence by such person directed toward other persons; (2) recent threats or acts of violence by such person directed toward himself or herself; and (3) recent acts of cruelty to animals as provided in subsection (b) of section 53-247 by such person. In evaluating whether such recent threats or acts of violence constitute probable cause to believe that such person poses a risk of imminent personal injury to himself or herself or to others, the judge may consider other factors including, but not limited to (A) the reckless use, display or brandishing of a firearm by such person, (B) a history of the use, attempted use or threatened use of physical force by such person against other persons, (C) prior involuntary confinement of such person in a hospital for persons with psychiatric disabilities, and (D) the illegal use of controlled substances or abuse of alcohol by such person. If the judge is satisfied that the grounds for the application exist or that there is probable cause to believe that they exist, such judge shall issue a warrant naming or describing the person, place or thing to be searched. The warrant shall be directed to any police officer of a regularly organized police department or any state police officer. It shall state the grounds or probable cause for its issuance and it shall command the officer to search within a reasonable time the person, place or thing named for any and all firearms and ammunition. A copy of the warrant shall be given to the person named therein together with a notice informing the person that such person has the right to a hearing under this section and the right to be represented by counsel at such hearing.

(c) The applicant for the warrant shall file a copy of the application for the warrant and all affidavits upon which the warrant is based with the clerk of the court for the geographical area within which the search will be conducted no later than the next business day following the execution of the warrant. Prior to the execution and return of the warrant, the clerk of the court shall not disclose any information pertaining to the application for the warrant or any affidavits upon which the warrant is based. The warrant shall be executed and returned with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all firearms and ammunition seized.

(d) Not later than fourteen days after the execution of a warrant under this section, the court for the geographical area where the person named in the warrant resides shall hold a hearing to determine whether the firearm or firearms and any ammunition seized should be returned to the person named in the warrant or should continue to be held by the state. At such hearing the state shall have the burden of proving all material facts by clear and convincing evidence. If, after such hearing, the court finds by clear and convincing evidence that the person poses a risk of imminent personal injury to himself or herself or to other individuals, the court may order that the firearm or firearms and any ammunition seized pursuant to the warrant issued under subsection (a) of this section continue to be held by the state for a period not to exceed one year, otherwise the court shall order the firearm or firearms and any ammunition seized to be returned to the person named in the warrant. If the court finds that the person poses a risk of imminent personal injury to himself or herself or to other individuals, the court shall give notice to the Department of Mental Health and Addiction Services which may take such action pursuant to chapter 319i as it deems appropriate.

(e) Any person whose firearm or firearms and ammunition have been ordered seized pursuant to subsection (d) of this section, or such person's legal representative, may transfer such firearm or firearms and ammunition in accordance with the provisions of section 29-33 or other applicable state or federal law, to any person eligible to possess such firearm or firearms and ammunition. Upon notification in writing by such person, or such person's legal representative, and the transferee, the head of the state agency holding such seized firearm or firearms and ammunition shall within ten days deliver such firearm or firearms and ammunition to the transferee.

(f) For the purposes of this section, “ammunition” means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm.

(P.A. 99-212, S. 18; P.A. 13-3, S. 33.)

*Note: On and after June 1, 2022, this section, as amended by section 1 of public act 21-67, is to read as follows:

Sec. 29-38c. Person posing risk of imminent personal injury to self or others. Firearms or other deadly weapons or ammunition. Warrant for seizure. Risk protection order prohibiting acquisition or possession. (a) Upon complaint on oath by any state's attorney or assistant state's attorney or by any two police officers, to any judge of the Superior Court, that such state's attorney, assistant state's attorney or police officers have probable cause to believe that a person poses a risk of imminent personal injury to himself or herself or to another person, the judge may issue a risk protection order prohibiting such person from acquiring or possessing a firearm or other deadly weapon or ammunition. As part of or following the issuance of such order, if there is probable cause to believe that (1) such person possesses one or more firearms or other deadly weapons, and (2) such firearm or firearms or other deadly weapon or deadly weapons are within or upon any place, thing or person, such judge shall issue a warrant commanding a police officer to enter into or upon such place or thing, search the same or the person and take into such officer's custody any and all firearms and other deadly weapons and ammunition. Such state's attorney, assistant state's attorney or police officers may not make such complaint unless such state's attorney, assistant state's attorney or police officers have conducted an independent investigation and determined that such probable cause exists. Upon the issuance of any such order and warrant, if applicable, the judge shall order the clerk of the court to give notice to the Commissioner of Emergency Services and Public Protection of the issuance of such order and warrant, if applicable.

(b) (1) Any family or household member or medical professional who has a good faith belief that a person poses a risk of imminent personal injury to himself or herself or to another person may make an application for a risk protection order investigation with the clerk of the court for any geographical area. The application and accompanying affidavit shall be made under oath and indicate: (A) The factual basis for the applicant's belief that such person poses a risk of imminent personal injury to himself or herself or to another person; (B) whether such person holds a permit under subsection (b) of section 29-28, or an eligibility certificate issued under section 29-36f, 29-37p, or 29-38n or currently possesses one or more firearms or other deadly weapons or ammunition, if known; and (C) where any such firearm or other deadly weapon or ammunition is located, if known.

(2) Upon receipt of an application and affidavit pursuant to this subsection, if the court finds that there is a good faith belief that a person poses a risk of imminent personal injury to himself or herself or to another person, the court shall order a risk protection order investigation to determine if the person who is the subject of the application poses a risk of imminent personal injury to himself or herself or to another person. Upon issuance by the court of an order for investigation, the court shall: (A) Give notice to the Commissioner of Emergency Services and Public Protection of the issuance of the order for a risk protection order investigation; and (B) immediately give notice of the order and transmit the order and the application and affidavit on which the order is based to the law enforcement agency for the town in which the subject of the investigation resides. The court shall immediately enter into the National Instant Criminal Background Check System (NICS) a record indicating that the person who is the subject of the investigation is ineligible to purchase or otherwise receive a firearm.

(3) Upon receipt of an investigation order, the law enforcement agency shall immediately investigate whether the subject of the investigation poses a risk of imminent personal injury to himself or herself or to another person. If the law enforcement agency determines that there is probable cause to believe that the subject of the investigation poses a risk of imminent personal injury to himself or herself or to another person, such law enforcement agency shall seek a risk protection order, and when applicable, a warrant pursuant to subsection (a) of this section not later than twenty-four hours after receiving the investigation order, or, if the law enforcement agency needs additional time to complete the investigation, as soon thereafter as is practicable. If the law enforcement agency determines that there is no probable cause to believe that the subject of the investigation poses a risk of imminent personal injury to himself or herself or to another person, the law enforcement agency shall notify the court, the applicant, and the Commissioner of Emergency Services and Public Protection of such determination, in writing, not later than forty-eight hours after receiving the investigation order, if practicable, or, if the law enforcement agency needs additional time to complete the risk warrant investigation, as soon thereafter as is practicable. Upon receiving such notification that there was not a finding of probable cause, the court shall immediately remove or cancel any record entered into the National Instant Criminal Background Check System associated with such investigation for which there was no finding of probable cause.

(c) A risk protection order and warrant, if applicable, issued under subsection (a) of this section, may issue only on affidavit sworn to by the complainant or complainants before the judge and establishing the grounds for issuing the order and warrant, if applicable, which shall be part of the court file. In determining whether there is probable cause for a risk protection order and warrant, if applicable, under subsection (a) of this section, the judge shall consider: (1) Recent threats or acts of violence by such person directed toward other persons; (2) recent threats or acts of violence by such person directed toward himself or herself; and (3) recent acts of cruelty to animals as provided in subsection (b) of section 53-247 by such person. In evaluating whether such recent threats or acts of violence constitute probable cause to believe that such person poses a risk of imminent personal injury to himself or herself or to others, the judge may consider other factors including, but not limited to (A) the reckless use, display or brandishing of a firearm or other deadly weapon by such person, (B) a history of the use, attempted use or threatened use of physical force by such person against other persons, (C) prior involuntary confinement of such person in a hospital for persons with psychiatric disabilities, and (D) the illegal use of controlled substances or abuse of alcohol by such person. In the case of a complaint made under subsection (a) of this section, if the judge is satisfied that the grounds for the complaint exist or that there is probable cause to believe that such grounds exist, such judge shall issue a risk protection order and warrant, if applicable, naming or describing the person, and, in the case of the issuance of a warrant, the place or thing to be searched. If the requisite circumstances are met, the judge shall issue a risk protection order regardless of whether the person is already ineligible to possess a firearm. The order and warrant, if applicable, shall be directed to any police officer of a regularly organized police department or any state police officer. The order and warrant, if applicable, shall state the grounds or probable cause for issuance and, in the case of a warrant, the warrant shall command the officer to search within a reasonable time the person, place or thing named for any and all firearms and other deadly weapons and ammunition. A copy of the order and warrant, if applicable, shall be given within a reasonable time to the person named in the order together with a notice informing the person that such person has the right to a hearing under this section, the telephone number for the court clerk who can inform the person of the date and time of such hearing and the right to be represented by counsel at such hearing.

(d) (1) In the case of a warrant, the municipal or state police agency that executed the warrant shall file a copy of the application for the warrant and all affidavits upon which the warrant is based with the clerk of the court for the geographical area within which the search was conducted and with the state's attorney's office for such judicial district no later than the next business day following the execution of the warrant. Prior to the execution and return of the warrant, the clerk of the court shall not disclose any information pertaining to the application for the warrant or any affidavits upon which the warrant is based. The warrant shall be executed and returned with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all firearms and other deadly weapons and ammunition seized.

(2) In the case of a risk protection order, not later than the next business day following the service of the order, the municipal or state police agency that served the order shall file with the court of the geographical area in the location in which the subject of the order resides a copy of the order and transmit to the state's attorney's office for such judicial district a return of service stating the date and time that the order was served. Prior to the service and return of the order, the clerk of court shall not disclose any information pertaining to the application for the order or any affidavits upon which the order is based to any person outside the Judicial Branch, the municipal or state police agency that served the order, or the state's attorney's office for the judicial district within which the order was served. The order shall be served and returned with reasonable promptness consistent with due process of law.

(e) Not later than fourteen days after the service of a risk protection order or execution of a warrant under this section, the court for the geographical area where the person named in the order or warrant resides shall hold a hearing to determine whether the risk protection order should continue to apply and whether the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized should be returned to the person named in the warrant or should continue to be held by the state. At such hearing the state shall have the burden of proving all material facts by clear and convincing evidence. If, after such hearing, the court finds by clear and convincing evidence that the person poses a risk of imminent personal injury to himself or herself or to another person, the court may order that the risk protection order continue to apply and that the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized pursuant to the warrant issued under subsection (a) of this section continue to be held by the state until such time that the court shall terminate such order pursuant to subsection (f) of this section and order the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized to be returned as soon as practicable to the person named in the warrant, provided such person is otherwise legally able to possess such firearm or firearms or other deadly weapon or deadly weapons and ammunition. If the court finds that the state has failed to prove by clear and convincing evidence that the petitioner poses a risk of imminent personal injury to himself or herself or to another person, the court shall terminate such order and warrant, if applicable, and order the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized to be returned as soon as is practicable to the person named in the warrant, provided such person is otherwise legally able to possess such firearm or firearms or other deadly weapon or deadly weapons and ammunition. If the court finds that the person poses a risk of imminent personal injury to himself or herself or to another person, the court shall give notice to the Department of Mental Health and Addiction Services which may take such action pursuant to chapter 319i as the department deems appropriate.

(f) A risk protection order, and warrant, if applicable, shall continue to apply and the firearm or firearms or other deadly weapon or deadly weapons and any ammunition held pursuant to subsection (e) of this section shall continue to be held by the state until such time that the person named in the order and warrant, if applicable, successfully petitions the court to terminate such order and warrant, if applicable. The person named in the order may first petition the court of the geographical area where the proceeding was originally conducted for a hearing to terminate such order, and warrant if applicable, at least one hundred eighty days after the hearing held pursuant to subsection (e) of this section. Upon the filing of such petition, the court shall (1) provide to the petitioner a hearing date that is on the twenty-eighth day following the filing of such petition or the business day nearest to such day if such twenty-eighth day is not a business day, (2) notify the Division of Criminal Justice of the filing of such petition, and (3) direct the law enforcement agency for the town in which the petitioner resides to determine, not later than fourteen days after the filing of such petition, whether there is probable cause to believe that the petitioner poses a risk of imminent personal injury to himself or herself or to another person. No finding of probable cause may be found solely because the petitioner is subject to an existing risk protection order or warrant. If the law enforcement agency finds no probable cause, the agency shall so notify the court which shall cancel the hearing and terminate the order and warrant, if applicable. If the law enforcement agency finds probable cause, the agency shall notify the court of such finding and the hearing shall proceed as scheduled. At such hearing the state shall have the burden of proving all material facts by clear and convincing evidence. If the court, following such hearing, finds by clear and convincing evidence that the petitioner poses a risk of imminent personal injury to himself or herself or to another person, the order and warrant, if applicable, shall remain in effect. If the court finds that the state has failed to prove by clear and convincing evidence that the petitioner poses a risk of imminent personal injury to himself or herself or to another person, the court shall terminate such order and warrant, if applicable. Any person whose petition is denied may file a subsequent petition in accordance with the provisions of this subsection at least one hundred eighty days after the date on which the court denied the previous petition.

(g) The court shall immediately upon termination of a risk protection order pursuant to this section remove or cancel any record entered into the National Instant Criminal Background Check System associated with such order.

(h) Any person whose firearm or firearms and ammunition have been ordered seized pursuant to subsection (e) of this section, or such person's legal representative, may transfer such firearm or firearms and ammunition in accordance with the provisions of section 29-33 or other applicable state or federal law, to a federally licensed firearm dealer. Upon notification in writing by such person, or such person's legal representative, and the dealer, the head of the state agency holding such seized firearm or firearms and ammunition shall within ten days deliver such firearm or firearms and ammunition to the dealer.

(i) Notwithstanding the provisions of section 29-36k, the Commissioner of Emergency Services and Public Protection holding any firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized pursuant to a warrant issued under this section, or any local police department holding on behalf of said commissioner any such firearm or firearms or other deadly weapon or deadly weapons or ammunition, shall not destroy any such firearm or other deadly weapon or ammunition until at least one year has passed since date of the termination of a warrant under subsection (e) of this section.

(j) For purposes of this section, (1) “ammunition” means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm, (2) “family or household member” means (A) a person eighteen years of age or older who is a: (i) Spouse, (ii) parent, (iii) child, (iv) sibling, (v) grandparent, (vi) grandchild, (vii) step-parent, (viii) step-child, (ix) step-sibling, (x) mother or father-in-law, (xi) son or daughter-in-law, or (xii) brother or sister-in-law of the person who is the subject of an application pursuant to subsection (b) of this section; (B) a person residing with the person who is the subject of the application; (C) a person who has a child in common with the person who is the subject of the application; (D) a person who is dating or an intimate partner of the person who is the subject of the application; or (E) a person who is the legal guardian or former legal guardian of the person who is the subject of the application, (3) “medical professional” means any person who has examined the person who is the subject of the application and who is (A) a physician or physician assistant licensed under chapter 370, (B) an advanced practice registered nurse licensed under chapter 378, (C) a psychologist licensed under chapter 383, or (D) a clinical social worker licensed under chapter 383b, and (4) “deadly weapon” means a deadly weapon, as defined in section 53a-3.”

(P.A. 99-212, S. 18; P.A. 13-3, S. 33; P.A. 21-67, S. 1.)

History: P.A. 13-3 made provisions re seizure and transfer of firearms applicable to ammunition, added Subsec. (f) defining “ammunition” and made technical changes; P.A. 21-67 added language re other deadly weapons and made technical and conforming changes throughout, substantially revised Subsec. (a) by adding language re issuance of a risk protection order, deleting existing Subdivs. (1) and (2) designators, redesignating existing language re person possessing firearms or deadly weapons as Subdiv. (1), redesignating existing Subdiv. (3) as Subdiv. (2), making issuance of a warrant mandatory and adding language re notice to the Commissioner of Emergency Services and Public Protection in same, added new Subsec. (b) re risk protection orders, redesignated existing Subsec. (b) as Subsec. (c) and added language re risk protection orders and provided that a copy of the order and warrant be given to the person within a reasonable time and that accompanying notice include court clerk's telephone number for information on time of hearing in same, redesignated existing Subsec. (c) as Subsec. (d)(1) and required the police agency that executed the warrant to file a copy with the court clerk and state's attorney's office in same, added Subsec. (d)(2) re risk protection orders, redesignated existing Subsec. (d) as Subsec. (e) and added language re risk protection orders, reference to Subsec. (f) re termination of order and requirement items seized be returned as soon as practicable following termination of order, proviso re person otherwise legally able to possess items and language re burden of proof for state in same, added new Subsec. (f) re continuation of order and warrant, added Subsec. (g) re removal or cancellation of record of order, redesignated existing Subsec. (e) as Subsec. (h) and specified that a transfer be to a federally licensed firearm dealer rather than any person eligible to possess such firearm or ammunition in same, added Subsec. (i) prohibiting the Commissioner of Emergency Services and Public Protection or local police department holding firearms or ammunition from destroying such items until 1 year has passed from termination of warrant and redesignated existing Subsec. (f) as Subsec. (j) and designated definition of “ammunition” as Subdiv. (1) and added Subdivs. (2) to (4) defining “family or household member”, “medical professional” and “deadly weapon” in same, effective June 1, 2022.