ASSAULT WEAPON BILL

S.B. No. 1405 (RAISED) PUBLIC SAFETY. 'AN ACT CONCERNING FIREARMS SAFETY', to increase firearms safety in this state by amending the definition of assault weapon to include semiautomatic assault weapons not previously covered, including semiautomatic fifty caliber weapons, by banning the possession or sale of certain fifty caliber ammunition and large capacity ammunition magazines, and by enacting a special permitting process for single shot fifty caliber sniper weapons. REF. PUBLIC SAFETY OPPOSE.

AN ACT CONCERNING FIREARMS SAFETY.

http://www.cga.state.ct.us/2001/tob/s/2001SB-01405-R00-SB.htm

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

Be it enacted by the Senate and House of Representatives in General Assembly convened:

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 Section 53-202a of the general statutes is repealed and the following is substituted in lieu thereof: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;

(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) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon; (B) a thumbhole stock; (C) a folding or telescoping stock; (D) a grenade launcher or flare launcher; (E) a flash suppressor; or (F) a forward pistol grip;

(4) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than ten rounds;

(5) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches;

(6) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer; (B) a second handgrip; (C) a shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer's hand, except a slide that encloses the barrel; or (D) the capacity to accept a detachable magazine at some location outside of the pistol grip;

(7) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than ten rounds;

(8) A semiautomatic shotgun that has (A) a folding or telescoping stock, and (B) a pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock or vertical handgrip;

(9) A semiautomatic shotgun that has the ability to accept a detachable magazine;

(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; Hesse Arms HAR 15A2; Hi-Point Firearms Carbine; INTRATEC TEC DC-9 or TEC-22; 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;

(13) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivisions (3) to (12), inclusive, of this subsection, or any combination of parts from which an assault weapon as defined in subdivisions (3) to (12), inclusive, 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.

(d) As used in this section, the term "capacity to accept more than ten rounds" means capable of accommodating more than ten rounds of ammunition, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.

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.

(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.

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 (13), 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:

(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 (13), 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 (13), inclusive, of subsection (a) of section 53-202a, as amended by this act, by July 1, 2002;

(2) The person lawfully possessed the assault weapon, as defined in subdivisions (3) to (13), inclusive, of subsection (a) of section 53-202a, as amended by this act, prior to October 1, 2001; and

(3) The person is otherwise in compliance with sections 53-202a to 53-202k, inclusive, as amended by this act.

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 (13), 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 (10), inclusive, or subdivision (12) or (13) of subsection (a) of section 53-202a, as amended by this act, shall be deemed to have registered the firearm 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 (13), 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 (13), 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;

(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 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. 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 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:

(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) As used in this section, "single shot fifty caliber weapon" means a firearm, as defined in section 53a-3 of the general statutes, that is (A) capable of firing fifty caliber ammunition, and (B) not automatic or semiautomatic.

(2) As used in this section, the term "single shot fifty caliber weapon" does not include any firearm modified to render it permanently inoperable, or any antique firearm, as defined in subsection (b) of section 29-37a of the general statutes, or a muzzle loader, as defined in section 26-86a of the general statutes.

(b) Any person who lawfully possesses a single shot fifty caliber weapon 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 single shot fifty caliber weapon. The certificate shall contain a description of the single shot fifty caliber weapon 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, 2002, 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 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 (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 of the general statutes.

(c) Any person who buys or otherwise comes into lawful possession of any single shot fifty caliber weapon on or after October 1, 2001, shall, within ninety days of obtaining title, apply to the Department of Public Safety for a certificate of possession as provided in subsection (b) of this section. Any person who moves into the state in lawful possession of a single shot fifty caliber weapon, shall, within ninety days, apply to the Department of Public Safety for a certificate of possession as provided in subsection (b) of this section.

(d) A person who has been issued a certificate of possession of a single shot fifty caliber 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 that holds a regulatory or business license for the purpose of practicing shooting at that target range;

(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 single shot fifty caliber 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 of the general statutes, as amended by this act.

(e) (1) Except as provided in subsection (f) of this section, any person who, within this state, possesses any single shot fifty caliber weapon and does not have a certificate of possession, 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 (A) the person presents proof that such person lawfully possessed the single shot fifty caliber weapon prior to October 1, 2001, and (B) the person has otherwise possessed the firearm in compliance with subsection (d) of this section.

(2) The provisions of subdivision (1) of this subsection shall not apply to the possession of single shot fifty caliber 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 section prohibit the possession or use of single shot fifty caliber weapons by sworn members of these agencies when on duty and the use is within the scope of their duties.

(3) The provisions of subdivision (1) of this subsection shall not apply to the possession of a single shot fifty caliber weapon by any person prior to July 1, 2002, if all of the following are applicable:

(A) The person is eligible to apply for a certificate of possession for the single shot fifty caliber weapon by July 1, 2002;

(B) The person lawfully possessed the single shot fifty caliber weapon prior to October 1, 2001; and

(4) The provisions of subdivision (1) of this subsection shall not apply to a person who is the executor or administrator of an estate that includes a single shot fifty caliber weapon for which a certificate of possession has been issued under this section, if the single shot fifty caliber weapon is possessed at a place set forth in subdivision (1) of subsection (d) of this section or as authorized by the Probate Court.

(f) Any individual may arrange in advance to relinquish a single shot fifty caliber weapon to a police department or the Department of Public Safety. The single shot fifty caliber weapon shall be transported in accordance with the provisions of section 53-202f of the general statutes, as amended by this act.

(g) Any person who lawfully possesses a single shot fifty caliber weapon under this section that is stolen shall report the theft to law enforcement authorities within seventy-two hours of when such person discovered or should have discovered the theft.

(h) The provisions of subsection (e) of this section shall not apply to the temporary transfer or possession of a single shot fifty caliber weapon, for which a certificate of possession has been issued pursuant to subsection (b) of this section, 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.

(i) Nothing in this section shall be construed to prohibit any person, firm or corporation engaged in the business of manufacturing single shot fifty caliber weapons in this state from manufacturing or transporting single shot fifty caliber weapons in this state for sale within this state in accordance with section 29-37a of the general statutes or for sale outside this state.

(j) The requirements of this section are in addition to the requirements of section 29-37a of the general statutes.

Sec. 9. Section 53-202j of the general statutes is repealed and the following is substituted in lieu thereof:

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] such person possesses an assault weapon, as defined in section 53-202a, or a single shot fifty caliber weapon, as defined in section 8 of this act, shall be imprisoned for a term of eight 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. Section 53-202k of the general statutes is repealed and the following is substituted in lieu thereof:

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] such person possesses any firearm, as defined in section 53a-3, except an assault weapon, as defined in section 53-202a, as amended by this act, or a single shot fifty caliber weapon, as defined in section 8 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) (a) (1) For purposes of this section, "armor piercing bullet" means a bullet with sufficient mass to penetrate steel or bullet-proof glass, "incendiary bullet" means a bullet with an inflammable filling or that is designed to explode on impact, and "tracing bullet" means a bullet that leaves a lighted residue trail.

(2) Any person who 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 fifty caliber in diameter and that is an armor piercing bullet, an incendiary bullet or a tracing bullet shall be guilty of a class D felony, except that a first-time violation of this subsection shall be a class A misdemeanor.

(3) Any person who possesses any ammunition that is fifty caliber in diameter and that is an armor piercing bullet, an incendiary bullet or a tracing bullet shall, after July 1, 2002, be guilty of a class D felony, except that a first-time violation of this subsection shall be a class A misdemeanor. Any person may arrange in advance to relinquish such ammunition to a police department or the Department of Public Safety.

(b) (1) The provisions of subsection (a) of this section shall not apply to 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 Sates for use in the discharge of their official duties.

(2) The provisions of subsection (a) of this section shall not apply to the possession of such ammunition 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.

Sec. 12. (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, gives or transfers to any person any large capacity ammunition magazine shall be guilty of a class D felony.

(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 lending or 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 State Code and the regulations issued pursuant thereto.

Sec. 13. (NEW) Not later than October 1, 2001, the Commissioner of Public Safety shall institute a continuing public education and notification program regarding the identification and registration of single shot fifty caliber weapons and assault weapons, as defined in subsections (3) to (13), inclusive, of subsection (a) of section 53-202a of the general statutes, as amended by this act. Such program shall include, but not be limited to, information regarding gun owners' responsibilities, registration requirements and deadlines, and the consequences for failing to register single shot fifty caliber weapons and such assault weapons. A variety of media outlets shall be used to ensure maximum publicity for the information. The commissioner shall develop posters to be posted in a conspicuous place in every store licensed to sell guns in this state.

To increase firearms safety in this state by amending the definition of assault weapon to include semiautomatic assault weapons not previously covered, including semiautomatic fifty caliber weapons, by banning the possession or sale of certain fifty caliber ammunition and large capacity ammunition magazines, and by enacting a special permitting process for single shot fifty caliber sniper weapons.