STATE OF CONNECTICUT
Raised Bill No. 418 Page 1
Referred to Committee on JUDICIARY
LCO No. 1855
Introduced by (JUD)
General Assembly
February Session, A.D., 1994
AN ACT CONCERNING TECHNICAL AND DEFINITIONAL CORRECTIONS TO GUN
SAFETY STATUTES.
Be it enacted by the Senate and House of Representatives in
General Assembly convened:
Section 1. Section 1 of public act 93-306 is repealed and the
following is substituted in lieu thereof:
(a) As used in [this act] SECTIONS 1 TO 7, INCLUSIVE, AND
SECTIONS 10 AND 11 OF PUBLIC ACT 93-306, AS AMENDED BY THIS ACT,
"assault weapon" means:
(1) Any selective-fire firearm capable of fully automatic,
semiautomatic or burst fire at the option of the user; [or any]
(2) ANY of the following specified semiautomatic firearms:
Algimec [Agmi] AGM-1; 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
and Sporter; 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; [.]
(3) ANY OF THE FOLLOWING SPECIFIED SEMIAUTOMATIC FIREARMS:
AR-100; AVTOMAT KALASHNIKOVS MANUFACTURED OR IMPORTED BY NORINCO,
POLY TECHNOLOGIES, VALMET AND ZAVASTA; BERETTA M-1; BERETTA
BM-59; BUSHMASTER; CANADIAN C1A1; CETME MODELO S & DEPORTIVO;
DEMRO TAC-1; EAGLE ARMS EA-15; ESSENTIAL ARMS J-15; HK-41;
HECKLER & KOCH HK-911; INTERDYNAMIC KG-9 AND KG-99; INTRATEC
TEC-DC9; KIMEL AP-9; L1A1 (UNITED KINGDOM AND AUSTRALIA); M-1
GARAND; MARK 45 COMMANDO; OLYMPIC ARMS XM-15; PLAINFIELD
ENFORCER; RUGER MINI-14 FITTED WITH AFTERMARKET FOLDING STOCK;
SAR-48; SKS SPORTER; SPRINGFIELD ARMORY M1-A; SPRINGFIELD ARMORY
SAR-3; STERLING AR-180; .308 MATCH;
(4) OTHER MODELS BY THE SAME MANUFACTURER WITH THE SAME
ACTION DESIGN THAT HAVE SLIGHT MODIFICATIONS OR ENHANCEMENTS OF
FIREARMS LISTED IN SUBDIVISIONS (2) AND (3) OF SUBSECTION (a) OF
THIS SECTION, PROVIDED THE CALIBER EXCEEDS .22 RIMFIRE;
[(2)] (5) 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] SECTIONS 1 TO 7, INCLUSIVE, AND
SECTIONS 10 AND 11 OF PUBLIC ACT 93-306, AS AMENDED BY THIS ACT,
the term "assault weapon" does not include any firearm modified
to render it permanently inoperable.
Sec. 2. Section 3 of public act 93-306 is repealed and the
following is substituted in lieu thereof:
(a) Except as provided in section 5 of [this act] PUBLIC ACT
93-306, any person who, within this state, possesses any assault
weapon, except as provided in [this act] SECTIONS 1 TO 7,
INCLUSIVE, AND SECTIONS 10 AND 11 OF PUBLIC ACT 93-306, AS
AMENDED BY 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 October 1, 1993, OR, IF THE ASSAULT
WEAPON IS SPECIFIED IN SUBDIVISION (3) OR (4) OF SUBSECTION (a)
OF SECTION 1 OF PUBLIC ACT 93-306, AS AMENDED BY SECTION 1 OF
THIS ACT, PRIOR TO JUNE 1, 1994, and (2) the person has otherwise
possessed the firearm in compliance with subsection (d) of
section 4 of [this act] PUBLIC ACT 93-306, AS AMENDED BY SECTION
3 OF THIS ACT.
(b) The provisions of subsection (a) of this section shall
not apply to: [the]
(1) 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] AND NOTHING
IN SECTIONS 1 TO 7, INCLUSIVE, AND SECTIONS 10 AND 11 OF PUBLIC
ACT 93-306, AS AMENDED BY THIS ACT, SHALL 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] (2) THE possession of an assault weapon, OTHER
THAN AN ASSAULT WEAPON SPECIFIED IN SUBDIVISION (3) OR (4) OF
SUBSECTION (a) OF SECTION 1 OF PUBLIC ACT 93-306, AS AMENDED BY
SECTION 1 OF THIS ACT, by any person prior to July 1, 1994, if
all of the following are applicable:
[(1)] (A) The person is eligible under [this act] SECTION 4
OF PUBLIC ACT 93-306, AS AMENDED BY SECTION 3 OF THIS ACT, to
apply for a certificate of possession for the assault weapon by
July 1, 1994;
[(2)] (B) The person lawfully possessed the assault weapon
prior to October 1, 1993; and
[(3)] (C) The person is otherwise in compliance with [this
act] SECTIONS 1 TO 7, INCLUSIVE, AND SECTIONS 10 AND 11 OF PUBLIC
ACT 93-306, AS AMENDED BY THIS ACT.
(3) THE POSSESSION OF AN ASSAULT WEAPON SPECIFIED IN
SUBDIVISION (3) OR (4) OF SUBSECTION (a) OF SECTION 1 OF PUBLIC
ACT 93-306, AS AMENDED BY SECTION 1 OF THIS ACT, PRIOR TO THE
EFFECTIVE DATE OF THIS ACT, IF ALL OF THE FOLLOWING ARE
APPLICABLE:
(A) THE PERSON IS ELIGIBLE UNDER SECTION 4 OF PUBLIC ACT
93-306, AS AMENDED BY SECTION 3 OF THIS ACT, TO APPLY FOR A
CERTIFICATE OF POSSESSION FOR THE ASSAULT WEAPON BY OCTOBER 1,
1994;
(B) THE PERSON LAWFULLY POSSESSED THE ASSAULT WEAPON PRIOR TO
THE EFFECTIVE DATE OF THIS ACT; AND
(C) THE PERSON IS OTHERWISE IN COMPLIANCE WITH SECTIONS 1 TO
7, INCLUSIVE, AND SECTIONS 10 AND 11 OF PUBLIC ACT 93-306, AS
AMENDED BY THIS ACT.
[(d) The provisions of subsection (a) of this section shall
not apply to a] (4) 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] PUBLIC ACT 93-306, AS AMENDED BY SECTION 3 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]
PUBLIC ACT 93-306, AS AMENDED BY SECTION 3 OF THIS ACT, or as
authorized by the probate court.
Sec. 3. Section 4 of public act 93-306 is repealed and the
following is substituted in lieu thereof:
(a) Any person who lawfully possesses an assault weapon [, as
defined in section 1 of this act,] prior to October 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, EXCEPT THAT ANY PERSON WHO LAWFULLY POSSESSES AN ASSAULT
WEAPON SPECIFIED IN SUBDIVISION (3) OR (4) OF SUBSECTION (a) OF
SECTION 1 OF PUBLIC ACT 93-306, AS AMENDED BY SECTION 1 OF THIS
ACT, PRIOR TO THE EFFECTIVE DATE OF THIS ACT, SHALL APPLY BY
OCTOBER 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 not later than
January 1, 1994, 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] PUBLIC ACT
93-306, AS AMENDED BY SECTION 4 OF THIS ACT, or as provided in
section 5 of [this act] PUBLIC ACT 93-306, 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 or 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]
PUBLIC ACT 93-306, for servicing or repair pursuant to subsection
(c) of SAID section, [6 of this act,] provided the assault weapon
is transported as required by section 6 of [this act] PUBLIC ACT
93-306.
Sec. 4. Section 6 of public act 93-306 is repealed and the
following is substituted in lieu thereof:
(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] PUBLIC ACT 93-306, AS
AMENDED BY SECTION 3 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] PUBLIC ACT 93-306, AS AMENDED BY
SECTION 3 OF THIS ACT, in addition to the uses allowed in SAID
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] SECTION 4 OF PUBLIC ACT 93-306, AS AMENDED BY
SECTION 3 OF 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] AS
USED IN SECTIONS 1 TO 7, INCLUSIVE, AND SECTIONS 10 AND 11 OF
PUBLIC ACT 93-306, AS AMENDED BY THIS ACT, "LICENSED GUN DEALER"
means a person who has a federal firearms license and a permit to
sell [firearms] PISTOLS AND REVOLVERS pursuant to section 29-28
of the general statutes.
Sec. 5. Section 7 of public act 93-306 is repealed and the
following is substituted in lieu thereof:
Any person who lawfully possesses an assault weapon [under
this act] PURSUANT TO SECTIONS 1 TO 6, INCLUSIVE, AND SECTIONS 10
AND 11 OF PUBLIC ACT 93-306, AS AMENDED BY 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. 6. Section 11 of public act 93-306 is repealed and the
following is substituted in lieu thereof:
Nothing in [this act] SECTIONS 1 TO 7, INCLUSIVE, AND SECTION
10 OF PUBLIC ACT 93-306, AS AMENDED BY 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] PUBLIC ACT 93-306 or
for sale outside this state.
Sec. 7. This act shall take effect June 1, 1994.
STATEMENT OF PURPOSE: To make technical and definitional
corrections to the law regulating the sale and possession of
assault weapons.
[Proposed deletions are enclosed in brackets. Proposed
additions are all capitalized or underlined where appropriate,
except that when the entire text of a bill or resolution or a
section thereof is new, it is not capitalized or underlined.]