STATE OF CONNECTICUT
Bill No. 7332                                    Page 1


Referred to Committee on NO COMMITTEE
                                            LCO No. 8371
Introduced by REP. RITTER, 2nd DIST.
              SEN. LARSON, 3rd DIST.
                                  General Assembly
                                  January Session, A.D., 1993

AN ACT CONCERNING ASSAULT WEAPONS.

    Be it enacted  by  the Senate and House of Representatives in
General Assembly convened:
    Section 1. (NEW)  (a)  As  used in this act, "assault weapon"
means:
    (1) Any of  the  following specified semi-automatic firearms:
Algimec Agmi; Armalite  AR-180;  Australian  Automatic  Arms  SAP
Pistol; Auto-Ordnance Thompson  type;  Avtomat  Kalashnikov AK-47
type; Barrett Light-Fifty  model  82A1; Beretta AR-70; Bushmaster
Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P;
Chartered Industries of  Singapore SR-88; Colt AR-15; Daewoo K-1,
K-2, Max-1 and  Max-2;  Encom  MK-IV,  MP-9  and  MP-45; Fabrique
Nationale FN/FAL, FN/LAR,  or FN/FNC; FAMAS MAS 223; Feather AT-9
and Mini-AT; Federal  XC-900  and  XC-450;  Franchi  SPAS-12  and
LAW-12; Galil AR  and  ARM; Goncz High-Tech Carbine and High-Tech
Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes
MP-83; MAC-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and
Scorpion; Iver Johnson  Enforcer  model  3000;  Ruger  Mini-14/5F
folding stock model  only;  Scarab  Skorpion;  SIG 57 AMT and 500
series; Spectre Auto  Carbine and Auto Pistol; Springfield Armory
BM59, SAR-48 and  G-3;  Sterling MK-6 and MK-7; Steyr AUG; Street
Sweeper and Striker  12 revolving cylinder shotguns; USAS-12; UZI
Carbine,  Mini-Carbine  and   Pistol;   Weaver   Arms  Nighthawk;
Wilkinson "Linda" Pistol.
    (2) A part  or  combination  of parts designed or intended to
convert a firearm  into  an assault weapon, or any combination of
parts from which  an  assault  weapon may be rapidly assembled if
those parts are  in  the  possession  or under the control of the
same person.
    (b) As used  in  this act, the term "assault weapon" does not
include any firearm modified to render it permanently inoperable.
    Sec. 2. (NEW)  (a)  (1)  Any  person  who, within this state,
distributes, transports or  imports  into  the  state,  keeps for
sale, or offers  or  exposes  for  sale, or who gives any assault
weapon, except as  provided  by  this  act,  shall be guilty of a
class C felony  and  shall be sentenced to a term of imprisonment
of which two years may not be suspended or reduced.
    (2) Any person  who  transfers,  sells  or  gives any assault
weapon to a  person  under  eighteen years of age in violation of
subdivision (1) of  this  subsection shall be sentenced to a term
of imprisonment of  six  years,  which  shall not be suspended or
reduced and shall  be  in addition and consecutive to the term of
imprisonment imposed under subdivision (1) of this subsection.
    (b) The provisions  of  subsection  (a) of this section shall
not apply to:
    (1) The sale  of  assault weapons to the department of public
safety, police departments,  the  department of correction or the
military or naval  forces  of  this state or of the United States
for use in the discharge of their official duties;
    (2) A person  who  is  the  executor  or  administrator of an
estate that includes an assault weapon for which a certificate of
possession has been  issued  under section 4 of this act which is
disposed  of  as   authorized   by  the  probate  court,  if  the
disposition is otherwise permitted by this act;
    (3) The transfer  by  bequest  or  intestate succession of an
assault weapon for  which  a  certificate  of possession has been
issued under section 4 of this act.
    Sec. 3. (NEW)  (a)  Except  as  provided in section 5 of this
act, any person  who,  within  this  state, possesses any assault
weapon, except as  provided  in  this  act,  shall be guilty of a
class D felony  and  shall be sentenced to a term of imprisonment
of which one  year may not be suspended or reduced; except that a
first-time violation of  this  subsection  shall  be  a  class  A
misdemeanor if (1)  the  person  presents  proof that he lawfully
possessed the assault  weapon  prior to July 1, 1993, and (2) the
person has otherwise  possessed  the  firearm  in compliance with
subsection (d) of section 4 of this act.
    (b) The provisions  of  subsection  (a) of this section shall
not apply to  the  possession  of  assault  weapons by members or
employees of the department of public safety, police departments,
the department of  correction  or the military or naval forces of
this state or  of  the  United States for use in the discharge of
their official duties;  nor  shall  anything in this act prohibit
the possession or  use  of  assault  weapons  by sworn members of
these agencies when  on  duty  and the use is within the scope of
their duties.
    (c) The provisions  of  subsection  (a) of this section shall
not apply to  the  possession  of an assault weapon by any person
prior to July 1, 1994, if all of the following are applicable:
    (1) The person  is  eligible  under  this  act to apply for a
certificate of possession for the assault weapon by July 1, 1994;
    (2) The person lawfully possessed the assault weapon prior to
July 1, 1993; and
    (3) The person is otherwise in compliance with this act.
    (d) The provisions  of  subsection  (a) of this section shall
not apply to  a person who is the executor or administrator of an
estate that includes an assault weapon for which a certificate of
possession has been  issued  under  section 4 of this act, if the
assault weapon is  possessed  at a place set forth in subdivision
(1) of subsection  (d)  of section 4 of this act or as authorized
by the probate court.
    Sec. 4. (NEW)  (a)  Any  person  who  lawfully  possesses  an
assault weapon, as  defined  in  section  1 of this act, prior to
July 1, 1993,  shall  apply by July 1, 1994, to the department of
public safety, for  a  certificate  of possession with respect to
such assault weapon.  The certificate shall contain a description
of  the  firearm  that  identifies  it  uniquely,  including  all
identification marks, the  full  name, address, date of birth and
thumbprint  of the  owner,  and  any  other  information  as  the
department  may deem  appropriate.  The  department  shall  adopt
regulations in accordance  with  the  provisions of chapter 54 of
the general statutes  to establish procedures with respect to the
application  for  and  issuance  of  certificates  of  possession
pursuant  to this  section.  Notwithstanding  the  provisions  of
sections 1-19 and  1-19a  of  the  general statutes, the name and
address of a  person  issued a certificate of possession shall be
confidential and shall  not be disclosed, except such records may
be disclosed to law enforcement agencies.
    (b) No assault  weapon possessed pursuant to this section may
be sold or transferred on or after January 1, 1994, to any person
within this state other than to a licensed gun dealer, as defined
in subsection (d)  of  section  6  of this act, or as provided in
section 5 of this act, or by bequest or intestate succession. Any
person who obtains  title  to  an  assault  weapon  for  which  a
certificate of possession  has  been issued under this section by
bequest or intestate  succession  shall,  within  ninety  days of
obtaining title, apply  to  the department of public safety for a
certificate of possession  as  provided in subsection (a) of this
section,  render the  weapon  permanently  inoperable,  sell  the
weapon to a  licensed  gun  dealer  or remove the weapon from the
state. Any person  who  moves into the state in lawful possession
of an assault  weapon,  shall,  within ninety days, either render
the weapon permanently  inoperable, sell the weapon to a licensed
gun dealer or remove the weapon from this state.
    (c) If an  owner  of an assault weapon sells or transfers the
weapon to a  licensed  gun  dealer,  he  shall,  at  the  time of
delivery of the  weapon,  execute  a  certificate of transfer and
cause  the  certificate   to   be  mailed  or  delivered  to  the
commissioner of public safety. The certificate shall contain: (1)
The date of  sale  or  transfer;  (2) the name and address of the
seller or transferor  and  the  licensed gun dealer, their social
security numbers or  motor  vehicle  operator license numbers, if
applicable;  (3)  the  licensed  gun  dealer's  federal  firearms
license number and  seller's  permit number; (4) a description of
the weapon, including  the  caliber  of  the weapon and its make,
model and serial  number;  and  (5)  any  other  information  the
commissioner prescribes. The  licensed  gun  dealer shall present
his  motor vehicle  operator's  license,  social  security  card,
federal firearms license  and  seller's  permit  to the seller or
transferor for inspection  at  the  time of purchase or transfer.
The commissioner of  public  safety  shall maintain a file of all
certificates of transfer at his central office.
    (d) A person  who has been issued a certificate of possession
of an assault weapon under this section may possess it only under
the following conditions:
    (1) At that  person's  residence,  place of business or other
property owned by  that  person,  or on property owned by another
with the owner's express permission;
    (2) While on  the  premises  of a target range of a public or
private  club  or  organization  organized  for  the  purpose  of
practicing shooting at targets;
    (3) While on  a  target  range  which  holds  a regulatory or
business license for  the  purpose of practicing shooting at that
target range;
    (4) While on the premises of a licensed shooting club;
    (5) While attending  any  exhibition,  display or educational
project which is  about  firearms  and  which  is  sponsored  by,
conducted under the auspices of, or approved by a law enforcement
agency or a  nationally  or  state recognized entity that fosters
proficiency in, or promotes education about, firearms; or
    (6) While transporting  the assault weapon between any of the
places mentioned in  this  subsection,  or  to  any  licensed gun
dealer, as defined  in  subsection  (d) of section 6 of this act,
for servicing or  repair  pursuant to subsection (c) of section 6
of this act,  provided  the  assault  weapon  is  transported  as
required by section 6 of this act.
    Sec. 5. (NEW)  Any  individual  may  arrange  in  advance  to
relinquish an assault  weapon  to  a  police  department  or  the
department  of  public   safety.  The  assault  weapon  shall  be
transported in accordance  with  the  provisions  of section 6 of
this act.
    Sec.  6. (NEW)  (a)  While  transporting  an  assault  weapon
between any of  the  places mentioned in subdivisions (1) to (6),
inclusive, of subsection  (d) of section 4 of this act, no person
shall carry a loaded assault weapon concealed from public view or
knowingly have, in  any motor vehicle owned, operated or occupied
by him (1)  a  loaded  assault weapon, or (2) an unloaded assault
weapon unless such weapon is kept in the trunk of such vehicle or
in a case  or  other  container  which  is  inaccessible  to  the
operator of or  any  passenger  in  such  vehicle. Any person who
violates the provisions  of  this  subsection  shall be fined not
more than five  hundred dollars or imprisoned not more than three
years or both.
    (b) Any licensed  gun dealer, as defined in subsection (d) of
this section, who  lawfully  possesses an assault weapon pursuant
to section 4  of  this  act,  in  addition to the uses allowed in
section 4 of  this  act, may transport the assault weapon between
dealers or out  of the state, display it at any gun show licensed
by a state  or local governmental entity or sell it to a resident
outside the state. Any transporting of the assault weapon allowed
by this subsection  must be done as required by subsection (a) of
this section.
    (c) (1) Any licensed gun dealer, as defined in subsection (d)
of this section,  may  take  possession of any assault weapon for
the purposes of  servicing  or repair from any person to whom has
been issued a  certificate of possession for such weapon pursuant
to this act.
    (2) Any licensed  gun  dealer  may transfer possession of any
assault weapon received  pursuant  to  subdivision  (1)  of  this
subsection, to a  gunsmith  for purposes of accomplishing service
or repair of  the  same.  Transfers  are  permissible only to the
following persons:
    (A) A gunsmith who is in the dealer's employ;
    (B) A gunsmith  who the dealer has contracted for gunsmithing
services, provided the  gunsmith  receiving  the  assault  weapon
holds  a  dealer's   license   issued  pursuant  to  Chapter  44,
commencing with Section  921,  of  Title  18 of the United States
Code and the regulations issued pursuant thereto.
    (d) The term "licensed gun dealer", as used in this act means
a person who has a federal firearms license.
    Sec. 7. (NEW)  Any  person  who lawfully possesses an assault
weapon under this  act  that  is stolen from him shall report the
theft to law  enforcement authorities within seventy-two hours of
when such person discovered or should have discovered the theft.
    Sec. 8. (NEW)  If an assault weapon is used in the commission
of a crime,  the  owner  of  that assault weapon shall be civilly
liable for any  damages  resulting from that crime. The liability
imposed by this  section  shall  not  apply if the assault weapon
used in the  commission  of  the  crime  was stolen and the owner
reported the theft  of  the  assault  weapon  to  law enforcement
authorities pursuant to section 7 of this act.
    Sec. 9. (NEW)  Any  person  who  commits  any class A, B or C
felony and in  the  commission  of  such felony uses, or is armed
with and threatens  the use of, or displays, or represents by his
words or conduct  that he possesses an assault weapon, as defined
in section 1  of this act, shall be imprisoned for a term of five
years, which shall  not  be  suspended or reduced and shall be in
addition and consecutive  to any term of imprisonment imposed for
conviction of such felony.
     Sec. 10. (NEW)  Any  person  who commits any class A, B or C
felony and in  the  commission  of  such felony uses, or is armed
with and threatens  the use of, or displays, or represents by his
words or conduct  that  he  possesses  any firearm, as defined in
section 53a-3 of  the general statutes, except an assault weapon,
as defined in  section  1  of this act, shall be imprisoned for a
term of five  years,  which shall not be suspended or reduced and
shall be in  addition and consecutive to any term of imprisonment
imposed for conviction of such felony.
    Sec. 11. (NEW)  The provisions of subsection (a) of section 2
and subsection (a)  of  section  3 of this act shall not apply to
the temporary transfer  or  possession  of an assault weapon, for
which a certificate  of  possession  has  been issued pursuant to
section 4 of  this  act, for purposes of transporting such weapon
to and from  any  shooting  competition or exhibition, display or
educational  project  which   is  about  firearms  and  which  is
sponsored by, conducted  under  the auspices of, or approved by a
law enforcement agency or a nationally or state recognized entity
that  fosters  proficiency   in,  or  promotes  education  about,
firearms, which competition,  exhibition,  display or educational
project is held outside this state.
    Sec. 12. (NEW)  Nothing  in  this  act  shall be construed to
prohibit any person,  firm or corporation engaged in the business
of manufacturing assault weapons in this state from manufacturing
or transporting assault  weapons  in  this  state for sale within
this state in  accordance  with subdivision (1) of subsection (b)
of section 2 of this act or for sale outside this state.
    Sec. 13. This act shall take effect July 1, 1993.

Co-Sponsors:  REP. KIRKLEY-BEY, 5th DIST.; REP. SCIPIO, 93rd DIST.
              REP. BEALS, 88th DIST.
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