"Assault Weapon" Senate
Action/Vote; Combining State Police Bills.
1. SB 1402 was amended by "A" which eliminated
the underlying bill SINGLE STATE HANDGUN PERMIT by the phrase
"Strike out everything after the enacting clause and substitute the
following in lieu thereof:"
2. The SINGLE STATE HANDGUN PERMIT bill was then amended in total to S.B. No.
1379 (RAISED) (File No. 166) AN ACT CREATING A FIREARMS EVIDENCE DATABANK.
3. The "Assault Weapon" bill is now a stand
alone bill; SB 1379 has the SINGLE STATE HANDGUN PERMIT bill included, both of
which are State Police bills.
4. On vote counts: The MOST Significant vote is on
Amendment "A", the "Assault Weapon" ban - where the real
conviction/support lies. There are many variables in the other votes. If
however, they voted against us on all issues, they should be held fully
accountable.
Our comments in bold. If you see a fault we
haven't picked up or find our analysis wrong, let us know. We also have
questions. If you can answer them, we'd appreciate it rather than doing
research. [words/phrases in brackets are
deletions]
The following favorable report was taken from the table,
read the third time, the report of the Committee accepted and the bill passed.
JUDICIARY. S.B. No. 1402 (RAISED) (File No. 139) AN ACT
CONCERNING A SINGLE STATE HANDGUN PERMIT.
Senator Penn of the 23rd explained the bill, offered
Senate Amendment Schedule "A" (LCO 7600) and moved
adoption.
Remarking on the amendment were Senators Jepsen of the
27th [ right decision in '93, use of these weapons had declined
significantly. Bill strengthens ban, eliminates "copycats"] who
requested the vote be taken by roll call and Guglielmo of the 35th [Bad
Bill. Targets average citizens. Does nothing to reduce violent crime]. Very
little debate on the amendment.
The chair ordered the vote be taken by roll call.
The following is the result of the vote at 7:13 p.m.:
Total Number Voting 35
Necessary for Adoption 18
Those voting Yea 22
Those voting Nay 13
Those absent and not voting 1
On the roll call vote Senate Amendment Schedule
"A" (LCO 7600) was adopted.
The following is the roll call vote:
Y 1 JOHN
W. FONFARA
Y 2 ERIC D. COLEMAN
Y 3 GARY D. LEBEAU
Y 4 MARY ANN HANDLEY
Y 5 KEVIN B. SULLIVAN
Y 6 THOMAS A. BOZEK
N 7 JOHN A. KISSEL
N 8 THOMAS HERLIHY
A 9 BIAGIO CIOTTO
Y 10 TONI N. HARP
Y 11 MARTIN M. LOONEY
Y 12 WILLIAM ANISKOVICH
Y 13 THOMAS P. GAFFEY
N 14 WINTHROP SMITH, JR.
N 15 JOAN V. HARTLEY
N 16 STEPHEN R. SOMMA
Y 17 JOSEPH J. CRISCO, JR.
N 18 CATHERINE W. COOK
Y 19 EDITH G. PRAGUE
Y 20 MELODIE PETERS
N 21 GEORGE L. GUNTHER Y 22 BILL
FINCH
Y 23 ALVIN W. PENN
N 24 DAVID CAPPIELLO
Y 25 ROBERT L. GENUARIO
Y 26 JUDITH G. FREEDMAN
Y 27 GEORGE C. JEPSEN Y 28
JOHN MCKINNEY
Y 29 DONALD E. WILLIAMS,
JR. N 30 ANDREW W. RORABACK
N 31 THOMAS A. COLAPIETRO N
32 LOUIS C. DELUCA
Y 33 EILEEN M. DAILY
N 34 BRIAN M. MCDERMOTT
N 35 ANTHONY GUGLIELMO
Y 36 WILLIAM H. NICKERSON
The following is Senate Amendment Schedule "A"
(LCO 7600).
Strike out everything after the enacting clause and
substitute the following in lieu thereof:
"Section 1. Section 53-202a of the general statutes is repealed and the
following is substituted in lieu thereof:
(a) As used in this section and sections 53-202b to 53-202k, inclusive, as
amended by this act, [and subsection (h) of section 53a-46a,] "assault
weapon" means:
(1) Any selective-fire firearm capable of fully automatic, semiautomatic or
burst fire at the option of the user or any of the following specified
semiautomatic 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 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; [Retained previous listing including guns no
longer made and the Algimec Agmi Which NEVER existed and was a typo error made
in CA, and copied into both the CT and NJ bills]
(2) A part or combination of parts designed or intended to convert a
firearm into an assault weapon, as defined in subdivision (1) of this
subsection, or any combination of parts from which an assault weapon, as
defined in subdivision (1) of this subsection, may be rapidly assembled if
those parts are in the possession or under the control of the same person;
(3) All weapons that are variations, with minor differences, of those weapons
listed in subdivision (1) of this subsection, including, but not limited to:
Armalite AR-10, M15, or Golden Eagle types; Bushmaster AR15 or XM15 types;
Colt AR-10 or Match Target types; DPMS Panther type; DS Arms SA 58 type; Eagle
Arms M15 or EA-15 types; Fulton Armory AR15 type; Hesse Arms HAR 15A2 or
HAR-25 types; Intratec TEC DC-9 or AB-10 types; Knight's SR-15, SR-25, or RAS
types; Les Baer Ultimate AR type; Olympic Arms AR-15, Car-97 or PCR types;
Professional Ordinance, Inc. Carbon 15 rifle or Carbon 15 pistol types; Rock
River Arms, Inc. Standard A2, Car A2, Standard A-4 Flattop, Car A-4 Flattop,
NM A2-DCM Legal or LE Tactical Carbine types; Special Weapons SW-5/45 type;
Wilson Combat AR-15, Urban Tactical, Tactical Precision and Tactical Carbine
types; [In debate proponents said they were just adopting the federal
standards which is not true. These are a listing of guns which DO meet the
federal criteria but are classified as "clones." NOTE: they
removed many of the previous listing found in SB 1405 (Underlined)
(11) Any of the following specified semiautomatic firearms: American Arms
Spectra pistol; American Pride AB-10 or Sport-22; American Spirit USA model;
AMT Lightning 25 rifle; Armalite AR-10, M15, Eagle Spirit or Golden Eagle;
AR .22 rifle; Benelli M1 or M3 Super 90 shotgun; Beretta BM59;
Bushmaster XM15 or M I7s Bullpup; Calico M100 carbine or 110 pistol;
Claridge HiTec pistol; CETME Sporter; Colt AR-10, Match Target or
CAR-15; Crossfire MK 12 gauge or .223; Daewoo AR 100; Dalphon B.F.D.;
Demro TAC-1 carbine; D Max auto pistol; DPMS Panther or Bulldog; DS
Arms SA 58; Eagle Arms M-15 or EA15; Enterprise Autoloaders; Fabrique
Nationale 308 Match or Sporter; Feather USA RAV; Frankford Arsenal AR-15;
Grendel P-31 pistol or R31 carbine; Heckler and Koch MP5, HK-PSG-1 or SL8-1; Added
Fulton armory AR15 type; Hesse Arms HAR 15A2; Hi-Point Firearms
Carbine; INTRATEC TEC DC-9 or TEC-22 [No longer in business];
Iver Johnson M1 carbine with collapsible stock and bayonet mount; J&R
ENG M-68; Knight's SR-15, SR-25, or RAS; Les Baer Ultimate AR; Olympic
Arms AR-15, Car-97 or PCR; Omega SPS-12; Ordinance, Inc. AR-15; Palmetto
SGA; PJK M-68 carbine; Plainfield Machine Company Carbine; Professional
Ordinance, Inc. Carbon 15 rifle, or Carbon 15 pistol; Rock River Arms, Inc.
Standard A2, Car A2, Standard A-4 Flattop, Car A-4 Flattop, NM A2-DCM Legal,
or LE Tactical Carbine; Ruger Carbine PC9; SKS with detachable magazine;
Special Weapons SW-5/45; Springfield M1A or SAR-8; Sterling SAR;
Valmet M62, M62S, M71S, M78 or M78S; Wilson Combat AR-15 or Tactical
Carbines; Z-M Weapons LR-300; Instead they have included
"variations with minor differences" whatever that means, and
"types" a term in the original bill that has caused great confusion
in interpretation by both the State Police and gunowners. Not only are these
terms vague, but a reading of Sec. 4 (3) "thereafter defined as an
assault weapon" infers that someone (the Attorney General? as
stated in their original press conference) has to classify new or changes to
current firearms.
(4) Any semiautomatic firearm not listed in subdivision (1) of this subsection
that meets the following criteria:
(A) A semiautomatic rifle that has an ability to accept a detachable magazine
and has at least two of the following: [With some important changes,
this is essentially Federal law. The difference is REGISTRATION and including
previously purchased firearms. Federal law only prohibits the sale of NEW
firearms that meet their prohibitive criteria. Proponents making the comment
that bill this will not affect sportsmen and they're following federal law is
false.]
(i) A folding or telescoping stock;
(ii) A pistol grip that protrudes conspicuously beneath the action of the
weapon; [This criteria has had serious problems in CA where they've
had to distribute pictures to demonstrate which "pistol grips" are
legal and which not. On almost ALL firearms, the pistol grip is below the
action]
(iii) A bayonet mount;
(iv) A flash suppressor or threaded barrel designed to accommodate a flash
suppressor; [ Again, definitional problems with "flash
suppressors" - we can envision persons with ported barrels and similar
devices being arrested for violations by those unaware of firearm technology]
and
(v) A grenade launcher; or
(B) A semiautomatic pistol that has an ability to accept a detachable magazine
and has at least two of the following:
(i) An ammunition magazine that attaches to the pistol outside of the pistol
grip;
(ii) A threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip or silencer;
(iii) A shroud that is attached to, or partially or
completely encircles, the barrel and that permits the shooter to hold the
firearm with the nontrigger hand without being burned;
(iv) A manufactured weight of fifty ounces or more when the pistol is
unloaded; and
(v) A semiautomatic version of an automatic firearm; or
(C) A semiautomatic shotgun that has at least two of the following:
(i) A folding or telescoping stock;
(ii) A pistol grip that protrudes conspicuously beneath the action of the
weapon;
(iii) A fixed magazine capacity in excess of five rounds; and
(iv) An ability to accept a detachable magazine; or
(D) Any semiautomatic firearm capable of firing fifty caliber ammunition; [Now
covers Handguns also]
(5) A part or combination of parts designed or intended to convert a
firearm into an assault weapon, as defined in subdivisions (3) and (4) of this
subsection, or any combination of parts from which an assault weapon as
defined in subdivisions (3) and (4) of this subsection, may be rapidly
assembled if those parts are in the possession or under the control of the
same person.
(b) As used in this section and sections 53-202b to 53-202k, inclusive, as
amended by this act, [and subsection (h) of section 53a-46a,] the term
"assault weapon" does not include any firearm modified to render it
permanently inoperable.
Sec. 2. Section 53-202b of the general statutes is repealed and the following
is substituted in lieu thereof:
(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 sections [29-37j and] 53-202a to
53-202k, inclusive, [and subsection (h) of section 53a-46a,] 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. [If we
follow the normal definition of "transfer", parents/instructors will
not be allowed to let their sons/daughters/students handle/shoot these
firearms even if legally registered. There are provisions for standard
handguns]
(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 53-202d, as amended by this act, which is disposed of as authorized by
the Probate Court, if the disposition is otherwise permitted by sections
[29-37j and] 53-202a to 53-202k, inclusive, as amended by this act; or [and
subsection (h) of section 53a-46a;]
(3) The transfer by bequest or intestate succession of an assault weapon for
which a certificate of possession has been issued under section 53-202d, as
amended by this act. [There is no provision for transfer of guns not
registered. We assume that those who don't get the word will take them to
the grave]
(c) If the court finds that a violation of this section is not of a
serious nature and that the person charged with such violation (1) will
probably not offend in the future, (2) has not previously been convicted of a
violation of this section, and (3) has not previously had a prosecution under
this section suspended pursuant to this subsection, it may order suspension of
prosecution in accordance with the provisions of subsection (h) of section
29-33 of the general statutes. [If illegal "Assault Weapons"
are considered a "serious" offense, why have any leniency?]
Sec. 3. Section 53-202c of the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Except as provided in section 53-202e, any person who, within this state,
possesses any assault weapon, except as provided in sections [29-37j and]
53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of
section 53a-46a,] 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] such person lawfully
possessed the assault weapon, as defined in subdivisions (1) and (2) of
subsection (a) of section 53-202a, as amended by this act, prior to October 1,
1993, or the person presents proof that such person lawfully possessed the
assault weapon, as defined in subdivisions (3) to (5), inclusive, of
subsection (a) of section 53-202a, as amended by this act, prior to October 1,
2001, and (2) the person has otherwise possessed the firearm in compliance
with subsection (d) of section 53-202d, as amended by 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 sections [29-37j
and] 53-202a to 53-202k, inclusive, as amended by this act, [and subsection
(h) of section 53a-46a] 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, as defined in subdivision (1) or (2) of
subsection (a) of section 53-202a, as amended by this act, by any person prior
to July 1, 1994, if all of the following are applicable: [Note the
date: This previous bill was effective October 1, 1993, Regulations had to be
written and now will need to be changed, and an extension of time to July 1,
1994 was required because many gunowners did not get the word (State police
then and now have no effective means of communication with the gun owning
public) and to this day many do not know what or that they have to register).
This will require a massive public information effort as done in CA (millions)
and manpower to process registrations. Relate this to the Fiscal Note below]
(1) The person is eligible under sections [29-37j and]
53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of
section 53a-46a] to apply for a certificate of possession for the assault
weapon, as defined in subdivision (1) or (2) of subsection (a) of section
53-202a, as amended by this act, by July 1, 1994;
(2) The person lawfully possessed the assault weapon, as defined in
subdivision (1) or (2) of subsection (a) of section 53-202a, as amended by
this act, prior to October 1, 1993; and
(3) The person is otherwise in compliance with sections [29-37j and] 53-202a
to 53-202k, inclusive, [and subsection (h) of section 53a-46a] as amended by
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 53-202d, as amended by this act, if the assault weapon is possessed at
a place set forth in subdivision (1) of subsection (d) of section 53-202d, as
amended by this act, or as authorized by the Probate Court.
(e) The provisions of subsection (a) of this section shall not apply to the
possession of an assault weapon, as defined in subdivisions (3) to (5),
inclusive, of subsection (a) of section 53-202a, as amended by this act, by
any person prior to July 1, 2002, if all of the following are applicable:
(1) The person is eligible under sections 53-202a to 53-202k, inclusive, as
amended by this act, to apply for a certificate of possession for the assault
weapon, as defined in subdivisions (3) to (5), inclusive, of subsection (a) of
section 53-202a, as amended by this act, by July 1, 2002; [Last Date
to Register]
(2) The person lawfully possessed the assault weapon, as defined in
subdivisions (3) to (5), inclusive, of subsection (a) of section 53-202a, as
amended by this act, prior to October 1, 2001; and [Last date to
purchase]
(3) The person is otherwise in compliance with sections 53-202a to
53-202k, inclusive, as amended by this act.
(f) If the court finds that a violation of this section is not of a serious
nature and that the person charged with such violation (1) will probably not
offend in the future, (2) has not previously been convicted of a violation of
this section, and (3) has not previously had a prosecution under this section
suspended pursuant to this subsection, it may order suspension of prosecution
in accordance with the provisions of subsection (h) of section 29-33 of the
general statutes.
Sec. 4. Section 53-202d of the general statutes is repealed and the following
is substituted in lieu thereof:
(a) (1) Any person who lawfully possesses an assault weapon, as defined in
subdivision (1) or (2) of subsection (a) of section 53-202a, as amended by
this act, prior to October 1, 1993, shall apply by October 1, 1994, or, if
such person is a member of the military or naval forces of this state or of
the United States and is unable to apply by October 1, 1994, because [he or
she] such member is or was on official duty outside of this state, shall apply
within ninety days of returning to the state to the Department of Public
Safety, for a certificate of possession with respect to such assault weapon.
(2) Any person who lawfully possesses an assault weapon, as defined in
subdivisions (3) to (5), inclusive, of subsection (a) of section 53-202a, as
amended by this act, prior to October 1, 2001, shall apply by October 1, 2002,
or, if such person is a member of the military or naval forces of this state
or of the United States and is unable to apply by October 1, 2002, because
such member is or was on official duty outside of this state, shall apply
within ninety days of returning to the state to the Department of Public
Safety, for a certificate of possession with respect to such assault weapon.
(3) Any person who registered a firearm as an assault weapon pursuant to the
provisions of the law in effect prior to October 1, 2001, and the firearm is
thereafter defined as an assault weapon pursuant to subdivisions (3) to (5),
inclusive, of subsection (a) of section 53-202a, as amended by this act, shall
be deemed to have registered such assault weapon for purposes of sections
53-202a to 53-202k, inclusive, as amended by this act, and shall not be
required to reregister such assault weapon.
(4) 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 [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 1-210 and 1-211, 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 (1) law enforcement
agencies, and (2) the Commissioner of Mental Health and Addiction Services to
carry out the provisions of subsection (c) of section 17a-500.
(b) No assault weapon, as defined in subdivision (1) or (2) of subsection (a)
of section 53-202a, as amended by this act, 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 53-202f, as amended by this act, or as provided in section 53-202e,
or by bequest or intestate succession. No assault weapon, as defined in
subdivisions (3) to (5), inclusive, of subsection (a) of section 53-202a, as
amended by this act, possessed pursuant to this section may be sold or
transferred on or after January 1, 2002, to any person within this state other
than to a licensed gun dealer, as defined in subsection (d) of section
53-202f, as amended by this act, or as provided in section 53-202e, 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. [, except any] Any person who is a member
of the military or naval forces of this state or of the United States, is in
lawful possession of an assault weapon, as defined in subdivision (1) or (2)
of subsection (a) of section 53-202a, as amended by this act, and has been
transferred into the state after October 1, 1994, may, within ninety days of
arriving in the state, apply to the Department of Public Safety for a
certificate of possession with respect to such assault weapon. Any person who
is a member of the military or naval forces of this state or of the United
States, is in lawful possession of an assault weapon, as defined in
subdivisions (3) to (5), inclusive, of subsection (a) of section 53-202a, as
amended by this act, and has been transferred into the state after October 1,
2002, may, within ninety days of arriving in the state, apply to the
Department of Public Safety for a certificate of possession with respect to
such assault weapon.
(c) If an owner of an assault weapon sells or transfers the weapon to a
licensed gun dealer, [he] such dealer 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] such
dealer's 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] the
commissioner's 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; [This may be a
problem in copying other state's legislation. Is there a regulatory or
business license required for clubs or ranges?]
(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 [What are the state recognized entities? Are there
any?] 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 53-202f, as amended by this act, for servicing or repair
pursuant to subsection (c) of section 53-202f, as amended by this act,
provided the assault weapon is transported as required by section 53-202f, as
amended by this act.
Sec. 5. Section 53-202f of the general statutes 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 53-202d,
as amended by 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] such person (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 [Poor wording. Copied and not
corrected? What do you do if you own a Van/SUV?] 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 53-202d, as amended
by this act, in addition to the uses allowed in section 53-202d, as amended by
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 [Are gun shows licensed?] 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 sections [29-37j and] 53-202a to 53-202k, inclusive,
[and subsection (h) of section 53a-46a] as amended by 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 with whom 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 sections [29-37j and]
53-202a to 53-202k, inclusive, as amended by this act, [and subsection (h) of
section 53a-46a] means a person who has a federal firearms license and a
permit to sell firearms pursuant to section 29-28.
Sec. 6. Section 53-202g of the general statutes is repealed and the following
is substituted in lieu thereof:
Any person who lawfully possesses an assault weapon under sections [29-37j
and] 53-202a to 53-202k, inclusive, [and subsection (h) of section 53a-46a]
that is stolen from [him] such person shall report the theft to law
enforcement authorities within seventy-two hours of when such person
discovered or should have discovered the theft.
Sec. 7. Section 53-202i of the general statutes is repealed and the following
is substituted in lieu thereof:
Nothing in sections [29-37j and] 53-202a to 53-202k, inclusive, as amended by
this act, [and subsection (h) of section 53a-46a] 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 53-202b, as amended by this act,
or for sale outside this state.
Sec. 8. (NEW) (a) (1) For purposes of this section, "armor piercing fifty
caliber bullet" means any fifty caliber bullet that is (A) designed for
the purpose of, (B) held out by the manufacturer or distributor as, or (C)
generally recognized as having a specialized capability to penetrate armor or
bulletproof glass, including, but not limited to, such bullets commonly
designated as "M2 Armor-Piercing" or "AP", "M8
Armor-Piercing Incendiary" or "API", "M20 Armor-Piercing
Incendiary Tracer" or "APIT", "M903 Caliber .50 Saboted
Light Armor Penetrator" or "SLAP", or "M962 Saboted Light
Armor Penetrator Tracer" or "SLAPT". [Need
characteristics/capability/ public availability data on all .50 Cal issues]
(2) "Incendiary fifty caliber bullet" means any fifty
caliber bullet that is (A) designed for the purpose of, (B) held out by the
manufacturer or distributor as, or (C) generally recognized as having a
specialized capability to ignite upon impact, including, but not limited to,
such bullets commonly designated as "M1 Incendiary", "M23
Incendiary", "M8 Armor-Piercing Incendiary" or "API",
or "M20 Armor-Piercing Incendiary Tracer" or "APIT".
(b) Any person who knowingly distributes, transports or imports into the
state, keeps for sale or offers or exposes for sale or gives to any person any
ammunition that is an armor piercing fifty caliber bullet or an incendiary
fifty caliber bullet shall be guilty of a class D felony, except that a
first-time violation of this subsection shall be a class A misdemeanor.
(c) The provisions of subsection (b) of this section shall not apply to the
following:
(1) The sale of such ammunition 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
such ammunition that is disposed of as authorized by the Probate Court; or
(3) The transfer by bequest or intestate succession of such ammunition.
(d) If the court finds that a violation of this section is not of a serious
nature and that the person charged with such violation (1) will probably not
offend in the future, (2) has not previously been convicted of a violation of
this section, and (3) has not previously had a prosecution under this section
suspended pursuant to this subsection, it may order suspension of prosecution
in accordance with the provisions of subsection (h) of section 29-33 of the
general statutes.
Sec. 9. (NEW) (a) For purposes of this section, "large capacity
ammunition magazine" means any ammunition feeding device with the
capacity to accept more than ten rounds, except it does not include (1) a
feeding device that has been permanently altered so that it cannot accommodate
more than ten rounds, or (2) any .22 caliber tube ammunition feeding device. (b)
Any person who distributes, transports or imports into the state, keeps for
sale or offers or exposes for sale or gives to any person, a large capacity
ammunition magazine shall be guilty of a class D felony, except a first-time
violation of this subsection shall be a class A misdemeanor. [Also
different from Federal law which allows sale/transfer of magazines made prior
to '94 - another item to take to the grave]
(c) The provisions of subsection (b) of this section shall not apply
to the following:
(1) The sale of large capacity ammunition magazines 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 a
large capacity ammunition magazine that is disposed of as authorized by the
Probate Court;
(3) The transfer by bequest or intestate succession of a large capacity
ammunition magazine;
(4) The importation of a large capacity ammunition magazine by a person who
lawfully possessed the large capacity ammunition magazine in the state prior
to October 1, 2001, lawfully took it out of the state, and is returning to the
state with the large capacity ammunition magazine previously lawfully
possessed in this state; (5) The giving of any large capacity ammunition
magazine to any licensed gun dealer, as defined in subsection (d) of section
53-202f of the general statutes, as amended by this act, for the purpose of
maintenance, repair or modification of such magazine, and the return from such
gun dealer to the owner; or
(6) The transfer by any licensed gun dealer of any large capacity ammunition
magazine received pursuant to subdivision (5) of this subsection, to a
gunsmith for purposes of accomplishing service or repair of the same, and the
return from such gunsmith to the gun dealer, provided transfers are made only
to the following persons: (A) a gunsmith who is in the licensed gun dealer's
employ; (B) a gunsmith with whom the licensed gun dealer has contracted for
gunsmithing services, provided the gunsmith receiving the large capacity
ammunition magazine 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) If the court finds that a violation of this section is not of a serious
nature and that the person charged with such violation (1) will probably not
offend in the future, (2) has not previously been convicted of a violation of
this section, and (3) has not previously had a prosecution under this section
suspended pursuant to this subsection, it may order suspension of prosecution
in accordance with subsection (h) of section 29-33 of the general
statutes."
Senator Cappiello of the 24th offered Senate Amendment
Schedule "B" (LCO 7595) and moved adoption.
Remarking on the amendment were Senators Penn of the 23rd
who requested that the vote be taken by roll call, Nickerson of the 36th and
Jepsen of the 27th, DeLuca of the 32nd, Guglielmo of the 35th, Kissel of the
7th and McKinney of the 28th.[The objection to this Amendment is
two-fold; Anti-gun people have no interest in enforcement; and the dollars
would have sent the bill to Appropriations and required a new File. They don't
want this bill slowed down.]
The chair ordered the vote be taken by roll call.
The following is the result of the vote at 7:30 p.m.:
Total Number Voting 35
Necessary for Adoption 18
Those voting Yea 12
Those voting Nay 23
Those absent and not voting 1
On the roll call vote Senate Amendment Schedule
"B" (LCO 7595) was rejected.
The following is the roll call vote:
:
N 1 JOHN
W. FONFARA
N 2 ERIC D. COLEMAN
N 3 GARY D. LEBEAU
N 4 MARY ANN HANDLEY
N 5 KEVIN B. SULLIVAN
N 6 THOMAS A. BOZEK
Y 7 JOHN A. KISSEL
Y 8 THOMAS HERLIHY
A 9 BIAGIO CIOTTO
N 10 TONI N. HARP
N 11 MARTIN M. LOONEY
N 12 WILLIAM ANISKOVICH
N 13 THOMAS P. GAFFEY
Y 14 WINTHROP SMITH, JR.
Y 15 JOAN V. HARTLEY
Y 16 STEPHEN R. SOMMA
N 17 JOSEPH J. CRISCO, JR.
Y 18 CATHERINE W. COOK
N 19 EDITH G. PRAGUE
N 20 MELODIE PETERS
Y 21 GEORGE L. GUNTHER N 22 BILL
FINCH
N 23 ALVIN W. PENN
Y 24 DAVID CAPPIELLO
Y 25 ROBERT L. GENUARIO
N 26 JUDITH G. FREEDMAN
N 27 GEORGE C. JEPSEN
N 28 JOHN MCKINNEY
N 29 DONALD E. WILLIAMS,
JR. Y 30 ANDREW RORABACK
N 31 THOMAS A. COLAPIETRO Y
32 LOUIS C. DELUCA
N 33 EILEEN M. DAILY
N 34 BRIAN MCDERMOTT
Y 35 ANTHONY GUGLIELMO N
36 WILLIAM NICKERSON
The following is Senate Amendment Schedule "B" (LCO 7595).
After the last section, add the following:
"Sec. 8. The sum of two hundred fifty thousand dollars is appropriated to
the Firearms Trafficking Task Force, for the fiscal year ending June 30, 2002,
which sum shall be in addition to that appropriated in substitute house bill
6668 of the current session."
Senator Roraback of the 30th offered Senate Amendment
Schedule "C" (LCO 7603) and moved adoption.
Remarking on the amendment were Senators Jepsen of the
27th who requested that the vote be taken by roll call and Nickerson of the
36th. The chair ordered the vote be taken by roll call. [Discussion
was on removal of the phrase "with minor differences" from "All
weapons that are variations, with minor differences, of those weapons listed
in subdivision (1) of this subsection". The effort was to limit the scope
of prohibition. From our perspective, the whole phrase is too broad. It
doesn't make sense to list firearms, including variations/differences then
include a laundry list of prohibited features.]
The following is the result of the vote at 7:41 p.m.:
Total Number Voting 35
Necessary for Adoption 18
Those voting Yea 12
Those voting Nay 23
Those absent and not voting 1
On the roll call vote Senate Amendment Schedule
"C" (LCO 7603) was rejected.
The following is the roll call vote:
N 1 JOHN
W. FONFARA
N 2 ERIC D. COLEMAN
N 3 GARY D. LEBEAU
N 4 MARY ANN HANDLEY
N 5 KEVIN B. SULLIVAN
N 6 THOMAS A. BOZEK
Y 7 JOHN A. KISSEL
Y 8 THOMAS HERLIHY
A 9 BIAGIO CIOTTO
N 10 TONI N. HARP
N 11 MARTIN M. LOONEY
N 12 WILLIAM ANISKOVICH
N 13 THOMAS P. GAFFEY
Y 14 WINTHROP SMITH, JR.
N 15 JOAN V. HARTLEY
Y 16 STEPHEN R. SOMMA
N 17 JOSEPH J. CRISCO, JR.
Y 18 CATHERINE W. COOK
N 19 EDITH G. PRAGUE
N 20 MELODIE PETERS
Y 21 GEORGE L. GUNTHER N 22 BILL
FINCH
N 23 ALVIN W. PENN
Y 24 DAVID CAPPIELLO
Y 25 ROBERT L. GENUARIO
N 26 JUDITH G. FREEDMAN
N 27 GEORGE C. JEPSEN Y 28
JOHN MCKINNEY
N 29 DONALD E. WILLIAMS,
JR. Y 30 ANDREW RORABACK
N 31 THOMAS A. COLAPIETRO Y
32 LOUIS C. DELUCA
N 33 EILEEN M. DAILY
N 34 BRIAN MCDERMOTT
Y 35 ANTHONY GUGLIELMO N
36 WILLIAM NICKERSON
The following is Senate Amendment Schedule "C" (LCO 7603).
Strike subdivisions (3) and (4) of subsection (a) of
section 7 in their entirety, insert the following in lieu thereof, and
renumber the following subdivision accordingly:
"(3) The following specified weapons that are variations of those weapons
listed in subdivision (1) of this subsection: Armalite AR-10, M15, or Golden
Eagle types; Bushmaster AR15 or XM15 types; Colt AR-10 or Match Target types;
DPMS Panther type; DS Arms SA 58 type; Eagle Arms M15 or EA-15 types; Fulton
Armory AR15 type; Hesse Arms HAR 15A2 or HAR-25 types; Intratec TEC DC-9,
AB-10, Sport-22 or TEC-22 types; Knight's SR-15, SR-25, or RAS types; Les Baer
Ultimate AR type; Olympic Arms AR-15, Car-97 or PCR types; Professional
Ordinance, Inc. Carbon 15 rifle or Carbon 15 pistol types; Rock River Arms,
Inc. Standard A2, Car A2, Standard A-4 Flattop, Car A-4 Flattop, NM A2-DCM
Legal or LE Tactical Carbine types; Special Weapons SW-5/45 type; Wilson
Combat AR-15, Urban Tactical, Tactical Precision and Tactical Carbine
types;"
The following is the result of the vote at 7:44 p.m.:
Total Number Voting 35
Necessary for Passage 18
Those voting Yea 25
Those voting Nay 10
Those absent and not voting 1
Senator Roraback of the 30th offered Senate Amendment
Schedule "D" (LCO 7613) and moved adoption.
Remarking on the amendment was Senator Penn of the
23rd.
On a voice vote the amendment was adopted.
The following is Senate Amendment Schedule
"D" (LCO 7613).
After line 394, add the following:
"Sec. 8. (NEW) Notwithstanding any provision of the general statutes,
any person may possess or sell any firearm that is used in sporting
competitions sanctioned by the International Olympic Committee provided such
person is otherwise eligible to possess such firearm and holds any permit or
certificate that is required for the possession or carrying of such
firearm."
The chair ordered the vote be taken by roll call.
On the roll call vote Senate Bill No. 1402 as amended by
Senate Amendment Schedules "A" (LCO 7600) and "D" (LCO
7613) was passed.
The following is the roll call vote:
:
Y 1 JOHN
W. FONFARA
Y 2 ERIC D. COLEMAN
Y 3 GARY D. LEBEAU
Y 4 MARY ANN HANDLEY
Y 5 KEVIN B.
SULLIVAN
Y 6 THOMAS A. BOZEK
N 7 JOHN A. KISSEL
N 8 THOMAS HERLIHY
A 9 BIAGIO CIOTTO
Y 10 TONI N. HARP
Y 11 MARTIN M. LOONEY
Y 12 WILLIAM ANISKOVICH
Y 13 THOMAS P. GAFFEY
N 14 WINTHROP SMITH, JR.
Y 15 JOAN V. HARTLEY Y 16
STEPHEN R. SOMMA
Y 17 JOSEPH J. CRISCO, JR.
N 18 CATHERINE W. COOK
Y 19 EDITH G. PRAGUE
Y 20 MELODIE PETERS
N 21 GEORGE L. GUNTHER Y 22 BILL
FINCH
Y 23 ALVIN W. PENN Y
24 DAVID CAPPIELLO
Y 25 ROBERT L. GENUARIO
Y 26 JUDITH G. FREEDMAN
Y 27 GEORGE C. JEPSEN Y 28
JOHN MCKINNEY
Y 29 DONALD E.
WILLIAMS, JR. N 30 ANDREW RORABACK
N 31 THOMAS A. COLAPIETRO N
32 LOUIS C. DELUCA
Y 33 EILEEN M. DAILY
N 34 BRIAN MCDERMOTT
N 35 ANTHONY GUGLIELMO
Y 36 WILLIAM NICKERSON
OFA
Fiscal Note
|
State Impact:
|
Net Minimal Fiscal Impact and Potential
Minimal Revenue Gain
|
|
Affected Agencies:
|
Various Criminal Justice Agencies
|
|
Municipal Impact:
|
None
|
Explanation
State Impact:
This amendment results in both indeterminate savings and indeterminate
additional costs, for a net minimal fiscal impact to the state's
criminal justice system agencies. It could also result in minimal
revenue gain.
It eliminates the original bill that had no fiscal impact. The bill
would have created a single gun permit system by eliminating the local
handgun carrying permit and prohibiting local permit renewals after
October 1, 2001, and by requiring anyone wanting to carry a handgun to
obtain a state permit from the Department of Public Safety (DPS).
The amendment then makes changes in the state's assault weapons and
firearms statutes. It allows the courts grant accelerated rehabilitation
to persons found to illegally possess an assault weapon. This results in
indeterminate savings from not requiring a two-year mandatory minimum
term of incarceration for such persons. There are currently 4 persons
incarcerated for violation of the assault weapons statutes. It costs
over $25,000 per year to incarcerate a person in Connecticut.
The amendment (1) adds to the list of weapons that are considered
assault weapons, (2) makes the sale and distribution of armor piercing
and incendiary 50 caliber ammunition illegal and subject to a class A
misdemeanor or a class D felony; and (3) makes the sale or distribution
of a large capacity ammunition magazine subject to a class A misdemeanor
or a class D felony. Persons found in violation of these provisions are
also eligible for accelerated rehabilitation. The impact of these new
provisions is additional indeterminate costs. They are not anticipated
to be significant because (1) few violations are anticipated and (2) the
availability of accelerated rehabilitation to violators.
The net impact of these changes is a minimal fiscal impact. These
penalties also include a fine, but collections of fines in such cases
are anticipated to be minimal. The amendment also allows for a
certificate of possession for these additional assault weapons. This is
anticipated to result in minimal additional revenue to the state. [This
will be a major debate issue. We haven't retrieved the data yet, but our
memory recalls an additional 30 retired part-time officers hired to
implement the previous program; regulations; and this is an
expanded program which will affect multitudes of more firearms than the
previous legislation. We wonder how the understaffed Weapons Division
will cope and how they will continue to process Instant Check and Permits
with the overload. No mention as in the original bill of Public
Notification.]
The preceding Fiscal Impact statement is
prepared for the benefit of the members of the General Assembly, solely
for the purposes of information, summarization and explanation and does
not represent the intent of the General Assembly or either House thereof
for any purpose.
RECESS
On motion of Senator Jepsen of the 27th, the Senate at
7:46 p.m. recessed.
AFTER RECESS
The Senate reconvened at 9:30 p.m., the President in the
Chair.
RECESS
On motion of Senator Jepsen of the 27th, the Senate at
9:30 p.m. recessed.
The following bill was taken from the table, read the
third time, the report of the Committee accepted and the bill placed on the
Consent Calendar.
PLANNING AND DEVELOPMENT. Substitute for S.B. No.
1379 (RAISED) (File No. 166) AN ACT CREATING A FIREARMS EVIDENCE DATABANK.
Senator Penn of the 23rd explained the bill, offered
Senate Amendment Schedule "A" (LCO 7057) and moved adoption.
On a voice vote the amendment was adopted.
The following is Senate Amendment Schedule
"A" (LCO 7057).
Strike lines 6 to 10, inclusive, in their entirety,
and renumber the remaining subdivisions accordingly
In line 18, after "means" strike ", depending on the context in
which the phrase"
In line 19, strike "is used, (A)"
In line 23, strike ", or (B) the record of such microscopical"
In line 24, strike "characteristics"
In line 43, after "commissioner" insert "pursuant to subsection
(f) of this section"
In line 59, after "employee" insert "not later than six months
after the effective date of this section. On and after the effective date of
this section, a police department shall collect a test fire from every handgun
to be issued by that department before the handgun is so issued"
Senator Penn of the 23rd offered Senate Amendment
Schedule "B" (LCO 7616) and moved adoption.
On a voice vote the amendment was adopted.
The following is Senate Amendment Schedule
"B" (LCO 7616).
In line 1, before "(NEW)" insert
"Section 1."
After line 74, insert the following:
"Sec. 2. Section 29-28 of the general statutes is repealed and the
following is substituted in lieu thereof:
(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 [his] such
person's possession with intent to sell or deliver, any pistol or revolver
at retail without having a permit therefor issued as [hereinafter]
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 Public Safety 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 [his] 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 residence or
place of business within the jurisdiction of any such authority, [or
upon the application of any bona fide resident of the United States having a
permit or license to carry any firearm issued by the authority of any state or
subdivision of the United States,] such chief of police, warden or
selectman may issue a temporary state permit to such person to carry a
pistol or revolver within the [jurisdiction of the authority issuing
the same] 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 [thereunder] 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
Public Safety 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 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 subsection (c) of section 21a-279, 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 twelve months by order of a
probate court, (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, (7) is subject to a firearms seizure order
issued pursuant to subsection (d) of section 29-38c after notice and hearing, [or]
(8) is an alien illegally or unlawfully in the United States, or (9) 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. Upon issuance of a temporary state permit 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. Said commissioner may [, upon
application,] then issue, to any holder of any [such]
temporary state permit, a state permit to carry a pistol or
revolver within the state. [Each permit to carry any pistol or revolver
shall be issued in triplicate and one of the copies issued by said
commissioner shall be delivered to the person to whom issued, one shall be
delivered forthwith to the authority issuing the local permit and one shall be
retained by said commissioner, and the local authority issuing any such permit
shall forthwith deliver one of such copies to the person to whom issued and
one copy to said commissioner and shall retain one of such copies.] 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 Public Safety or an organized local police department to furnish [his]
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 [on May 26, 1992,] issued by such
authority, to revise [his] such member's application to
include [his] a business or post office address in lieu
of [his] the residence address. The issuing authority
shall notify each such member of [his] 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 [pistols and revolvers] a
pistol or revolver pursuant to subsection (b) of this section, 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, (2) [an] the issuing authority may disclose such
information to the extent necessary to comply with a request made pursuant to
section 29-33 for verification that such state 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 [a] any permit to carry a
pistol or revolver [under subsection (b) of this section] 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
residence or place of business 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 Public Safety 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.
Sec. 3. Section 29-28a of the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Requests for temporary state permits under section 29-28, as
amended by this act, shall be submitted to the [issuing authority]
chief of police, or, where there is no chief of police, to the warden of
the borough or the first selectman of the town, as the case may be, on
application forms prescribed by the Commissioner of Public Safety. Upon
written request by any person for a temporary state permit not on a
prescribed application form, or upon request by any person for such
application form, the [issuing] local authority shall
supply such forms. When any such request is made in person at the office of
the [issuing] local authority, the local authority
shall supply such application form immediately. When any such request is made
in any other manner, the local authority shall supply such application
form not later than one week after receiving such request. If such application
form is not supplied within the time [limited] limits
required by this section, the request therefor shall constitute a
sufficient application. If any [issuing] local authority
fails to supply an application form upon the request of any person, such
person may request an application form from the Commissioner of Public Safety
or any barracks of the Division of State Police, and the time limits and
procedures set forth in this section for handling requests for such forms
shall be applicable.
(b) The [issuing] local authority shall, not later
than eight weeks after a sufficient application for a temporary state
permit has been made, inform the applicant that [his] such
applicant's request for a temporary state permit has been approved
or denied. The local authority shall forward a copy of the application
indicating approval or denial of the temporary state permit to the
Commissioner of Public Safety. If the local authority has denied the
application for a temporary state permit, no state permit may be issued. The
commissioner shall, not later than eight weeks after receiving an application
indicating approval from the local authority, inform the applicant in writing
that the applicant's application for a state permit has been approved or
denied, or that the results of the national criminal history records check
have not been received. If grounds for denial become known after a temporary
state permit has been obtained, the temporary state permit shall be
immediately revoked pursuant to section 29-32, as amended by this act.
Sec. 4. Section 29-29 of the general statutes is repealed and the following is
substituted in lieu thereof:
(a) No temporary state permit for carrying any pistol or
revolver shall be issued under the provisions of section 29-28, as amended
by this act, unless the applicant for the same gives to the [issuing]
local authority, upon its request, full information concerning [his]
the applicant's criminal record, and such [issuing] local
authority shall thereupon take a full description of such applicant and make
an investigation concerning [his] the applicant's
suitability to carry any such weapons. The [issuing] local
authority shall take the fingerprints of such applicant unless the [issuing]
local authority determines that the fingerprints of such applicant have
been previously taken and [his] the applicant's identity
established, and such applicant presents identification that the [issuing]
local authority verifies as valid. The [issuing] local
authority shall record the date the fingerprints were taken in the applicant's
file and, within five business days of such date, shall forward such
fingerprints to the Commissioner of Public Safety, who shall forward them
to the Federal Bureau of Investigation for a national criminal history
records check. The [issuing] local authority may, in [his]
its discretion, issue [such] a temporary state
permit before a [report from said bureau] national criminal
history records check relative to such applicant's record has been
received. Upon receipt of [such report, the issuing authority] the
results of such national criminal history records check, the commissioner
shall send a copy of the results of such national criminal history records
check to the local authority, which shall inform the applicant and render
a decision on the application within one week of the receipt of [the
report] such results. If such [report has] results
have not been received within eight weeks after a sufficient application
for a permit has been made, the [issuing] local authority
shall inform the applicant of such delay, in writing. No temporary state
permit shall be issued if the [issuing] local authority
has reason to believe the applicant has ever been convicted of a felony, or
that any other condition exists for which the issuance of a permit for
possession of a pistol or revolver is prohibited under state or federal law.
(b) The commissioner may investigate any applicant for a state permit and
shall investigate each applicant for renewal of a state permit to ensure that
such applicant is eligible under state law for such permit or for renewal of
such permit.
(c) No state permit may be issued unless either the local authority or the
commissioner has received the results of the national criminal history records
check.
Sec. 5. Section 29-30 of the general statutes is repealed and the following is
substituted in lieu thereof:
(a) The fee for each permit originally issued under the provisions of
subsection (a) of section 29-28, as amended by this act, for the sale
at retail of pistols and revolvers shall be one hundred dollars and for each
renewal thereof one hundred dollars. The fee for each state permit
originally issued under the provisions of subsection (b) of section 29-28,
as amended by this act, for the carrying of pistols and revolvers shall be
[thirty-five dollars and for each renewal thereof thirty-five dollars.
Such fees shall be paid to the authority issuing the same and by such
authority to the municipality wherein issued or the state, as the case may be]
seventy dollars plus sufficient funds as required to be transmitted to the
Federal Bureau of Investigation to cover the cost of a national criminal
history records check. The local authority shall forward sufficient funds for
the national criminal history records check to the commissioner no later than
five business days after receipt by the local authority of the application for
the temporary state permit. Thirty-five dollars shall be retained by the local
authority. Upon approval by the local authority of the application for a
temporary state permit, thirty-five dollars shall be sent to the commissioner.
The fee to renew each state permit originally issued under the provisions of
subsection (b) of section 29-28, as amended by this act, shall be thirty-five
dollars. Upon deposit of such fees in the General Fund, ten dollars of
each fee shall be credited within thirty days to the appropriation for the
Department of Public Safety to a separate nonlapsing account for the purposes
of the issuance of permits under subsections (a) and (b) of section 29-28,
as amended by this act.
(b) A local permit originally issued [under the provisions of
section 29-28] before the effective date of this act, whether
for the sale at retail of pistols and revolvers or for the carrying of pistols
and revolvers, shall expire five years after the date it becomes effective and
each renewal thereof shall expire five years after the expiration date of the
permit being renewed. On and after the effective date of this act, no such
local permit shall be renewed.
(c) A state permit originally issued under the provisions of section
29-28, as amended by this act, for the carrying of pistols and
revolvers shall expire five years after the date [it] such
permit becomes effective and each renewal thereof shall expire five years
after the expiration date of the state permit being renewed and such
renewal shall not be contingent on the renewal or issuance of a local permit. A
temporary state permit issued for the carrying of pistols and revolvers shall
expire sixty days after the date it becomes effective, and may not be renewed.
(d) The renewal fee required pursuant to subsection (a) of this
section shall apply for each renewal which is requested not earlier than
thirty-one days before, and not later than thirty-one days after, the
expiration date of the state permit being renewed.
(e) No fee or portion thereof paid under the provisions of this section
for issuance or renewal of a state permit shall be refundable except if
[the] such permit for which the fee or portion thereof
was paid was not issued or renewed. The portion of the fee expended on the
national criminal history records check for any such permit that was not
issued or renewed shall not be refunded.
(f) The issuing authority shall send a notice of the expiration of a state
permit to carry a pistol or revolver, issued pursuant to section 29-28, as
amended by this act, to the holder of such permit, by first class mail,
not less than ninety days before such expiration, and shall enclose [therein]
with such notice a form for the renewal of said state permit. A state
permit to carry a pistol or revolver, issued pursuant to section 29-28, as
amended by this act, shall be valid for a period of ninety days [from]
after the expiration date, except this provision shall not apply to any
state permit to carry a pistol or revolver which has been
revoked or for which revocation is pending, pursuant to section 29-32, as
amended by this act.
Sec. 6. Section 29-32 of the general statutes is repealed and the following is
substituted in lieu thereof:
(a) For the purposes of this section, "conviction" means the
entry of a judgment of conviction by any court of competent jurisdiction.
(b) Any state permit or temporary state permit for the carrying
of any pistol or revolver may be revoked by the [authority issuing the
same] Commissioner of Public Safety for cause and shall be
revoked by [the authority issuing the same] said commissioner
upon conviction of the holder of such permit of a felony or of any misdemeanor
specified in subsection (b) of section 29-28, as amended by this act,
or upon the occurrence of any event which would have disqualified the holder
from being issued the state permit or temporary state permit pursuant
to subsection (b) of section 29-28, as amended by this act. [For
the purposes of this section, "conviction" means the entry of a
judgment of conviction by any court of competent jurisdiction.] Upon
the revocation of any state permit or temporary state permit, the
person whose state permit or temporary state permit is revoked shall be
notified in writing and such state permit or temporary state permit
shall be forthwith delivered to the [authority issuing the same. Upon
the revocation of any local permit, the authority issuing the same shall
forthwith notify the Commissioner of Public Safety and, upon the revocation of
any permit issued by said commissioner, he shall forthwith notify the
authority issuing such local permit, if any, which the records of said
commissioner show as having issued a currently valid permit to the holder of
the revoked state permit] commissioner. Any law enforcement
authority shall confiscate and immediately forward to the commissioner any
state permit or temporary state permit that is illegally possessed by any
person. The commissioner may revoke the state permit or temporary state permit
based upon the commissioner's own investigation or upon the request of any law
enforcement agency. Any person who fails to surrender [such]
any permit within five days of notification in writing of revocation
thereof shall be guilty of a class C misdemeanor.
(c) Any local permit for the carrying of a pistol or revolver issued prior
to the effective date of this act may be revoked by the authority issuing the
same for cause, and shall be revoked by the authority issuing the same upon
conviction of the holder of such permit of a felony or of any misdemeanor
specified in subsection (b) of section 29-28, as amended by this act, or upon
the occurrence of any event which would have disqualified the holder from
being issued such local permit. Upon the revocation of any local permit, the
person whose local permit is revoked shall be notified in writing and such
permit shall be forthwith delivered to the authority issuing the same. Upon
the revocation of any local permit, the authority issuing the same shall
forthwith notify the commissioner. Upon the revocation of any permit issued by
the commissioner, the commissioner shall forthwith notify any local authority
which the records of the commissioner show as having issued a currently valid
local permit to the holder of the permit revoked by the commissioner. Any
person who fails to surrender such permit within five days of notification in
writing or revocation thereof shall be guilty of a class C misdemeanor.
Sec. 7. Section 29-35 of the general statutes is repealed and the following is
substituted in lieu thereof:
(a) No person shall carry any pistol or revolver upon one's person, except
when such person is within the dwelling house or place of business of such
person, without a permit to carry the same issued as provided in section 29-28,
as amended by this act. The provisions of this subsection shall not apply
to the carrying of any pistol or revolver by any parole officer or peace
officer of this state, or parole officer or peace officer of any other state
while engaged in the pursuit of official duties, or federal marshal or federal
law enforcement agent, or to any member of the armed forces of the United
States, as defined by section 27-103, or of this state, as defined by section
27-2, when on duty or going to or from duty, or to any member of any military
organization when on parade or when going to or from any place of assembly, or
to the transportation of pistols or revolvers as merchandise, or to any person
transporting any pistol or revolver while contained in the package in which it
was originally wrapped at the time of sale and while transporting the same
from the place of sale to the purchaser's residence or place of business, or
to any person removing such person's household goods or effects from one place
to another, or to any person while transporting any such pistol or revolver
from such person's place of residence or business to a place or individual
where or by whom such pistol or revolver is to be repaired or while returning
to such person's place of residence or business after the same has been
repaired, or to any person transporting a pistol or revolver in or through the
state for the purpose of taking part in competitions, taking part in formal
pistol or revolver training, repairing such pistol or revolver or attending
any meeting or exhibition of an organized collectors' group if such person is
a bona fide resident of the United States and is permitted to possess and
carry a pistol or revolver in the state or subdivision of the United States in
which such person resides, or to any person transporting a pistol or revolver
to and from a testing range at the request of the issuing authority, or to any
person transporting an antique pistol or revolver, as defined in section
29-33. For the purposes of this subsection, "formal pistol or revolver
training" means pistol or revolver training at a locally approved or
permitted firing range or training facility, and "transporting a pistol
or revolver" means transporting a pistol or revolver that is unloaded
and, if such pistol or revolver is being transported in a motor vehicle, is
not readily accessible or directly accessible from the passenger compartment
of the vehicle or, if such pistol or revolver is being transported in a motor
vehicle that does not have a [passenger compartment, is] compartment
separate from the passenger compartment, such pistol or revolver shall be
contained in a locked container other than the glove compartment or console.
Nothing in this section shall be construed to prohibit the carrying of a
pistol or revolver during formal pistol or revolver training or repair.
(b) The holder of a permit issued pursuant to section 29-28, as
amended by this act, shall carry such permit upon one's person while
carrying such pistol or revolver.
"
On motion of Senator Penn of the 23rd, the bill as
amended by Senate Amendment Schedules "A" (LCO 7057) and
"B"(LCO 7616) was placed on the Consent Calendar.