House Bill No. 7332
               House Bill No. 7332

              PUBLIC ACT NO. 93-306

AN ACT CONCERNING ASSAULT WEAPONS.

    Section  1.  (NEW)  (a)  As  used in this act,
"assault weapon" means:
    (1)  Any  selective-fire  firearm  capable  of
fully automatic, semiautomatic or  burst  fire  at
the  option  of  the  user or any 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,  or any combination of parts from which an
assault weapon may be rapidly assembled  if  those
parts  are  in the possession or under the control
of the same person.
    (b)  As  used  in  this act, the term "assault
weapon" does not include any firearm  modified  to
render it permanently inoperable.
    Sec.  2.  (NEW) (a) (1) Any person who, within
this state,  distributes,  transports  or  imports
into  the  state,  keeps  for  sale,  or offers or
exposes for sale, or who gives any assault weapon,
except as provided by this act, shall be guilty of
a class C felony and shall be sentenced to a  term
of  imprisonment  of  which  two  years may not be
suspended or reduced.
    (2)  Any  person who transfers, sells or gives
any assault weapon  to  a  person  under  eighteen
years  of  age  in violation of subdivision (1) of
this subsection shall be sentenced to  a  term  of
imprisonment  of  six  years,  which  shall not be
suspended or reduced and shall be in addition  and
consecutive  to  the  term of imprisonment imposed
under subdivision (1) of this subsection.
    (b)  The  provisions of subsection (a) of this
section shall not apply to:
    (1)   The  sale  of  assault  weapons  to  the
department of public safety,  police  departments,
the  department  of  correction or the military or
naval forces of this state or of the United States
for use in the discharge of their official duties;
    (2)   A   person   who   is  the  executor  or
administrator  of  an  estate  that  includes   an
assault   weapon   for   which  a  certificate  of
possession has been issued under section 4 of this
act  which  is  disposed  of  as authorized by the
probate court, if  the  disposition  is  otherwise
permitted by this act;
    (3)  The  transfer  by  bequest  or  intestate
succession  of  an  assault  weapon  for  which  a
certificate  of  possession  has been issued under
section 4 of this act.
    Sec.  3.  (NEW)  (a)  Except  as  provided  in
section 5 of this act, any person who, within this
state,  possesses  any  assault  weapon, except as
provided in this act, shall be guilty of a class D
felony  and  shall  be  sentenced  to  a  term  of
imprisonment  of  which  one  year  may   not   be
suspended  or  reduced;  except  that a first-time
violation of this subsection shall be  a  class  A
misdemeanor  if (1) the person presents proof that
he lawfully possessed the assault weapon prior  to
October  1, 1993, and (2) the person has otherwise
possessed   the   firearm   in   compliance   with
subsection (d) of section 4 of this act.
    (b)  The  provisions of subsection (a) of this
section shall  not  apply  to  the  possession  of
assault  weapons  by  members  or employees of the
department of public safety,  police  departments,
the  department  of  correction or the military or
naval forces of this state or of the United States
for use in the discharge of their official duties;
nor  shall  anything  in  this  act  prohibit  the
possession  or  use  of  assault  weapons by sworn
members of these agencies when on duty and the use
is within the scope of their duties.
    (c)  The  provisions of subsection (a) of this
section shall not apply to the  possession  of  an
assault  weapon  by  any  person  prior to July 1,
1994, if all of the following are applicable:
    (1)  The  person is eligible under this act to
apply for a  certificate  of  possession  for  the
assault weapon by July 1, 1994;
    (2)  The person lawfully possessed the assault
weapon prior to October 1, 1993; and
    (3)  The  person  is  otherwise  in compliance
with this act.
    (d)  The  provisions of subsection (a) of this
section shall not apply to a  person  who  is  the
executor   or  administrator  of  an  estate  that
includes an assault weapon for which a certificate
of  possession  has been issued under section 4 of
this act, if the assault weapon is possessed at  a
place  set  forth in subdivision (1) of subsection
(d) of section 4 of this act or as  authorized  by
the probate court.
    Sec.  4.  (NEW)  (a)  Any  person who lawfully
possesses an assault weapon, as defined in section
1  of  this  act,  prior to October 1, 1993, shall
apply by July 1, 1994, to the department of public
safety,  for  a  certificate  of  possession  with
respect to such assault  weapon.  The  certificate
shall  contain  a  description of the firearm that
identifies    it    uniquely,    including     all
identification marks, the full name, address, date
of birth and thumbprint  of  the  owner,  and  any
other  information  as  the  department  may  deem
appropriate.   The    department    shall    adopt
regulations  in  accordance with the provisions of
chapter 54 of the general statutes not later  than
January  1,  1994,  to  establish  procedures with
respect to the application  for  and  issuance  of
certificates   of   possession  pursuant  to  this
section.   Notwithstanding   the   provisions   of
sections  1-19  and 1-19a of the general statutes,
the  name  and  address  of  a  person  issued   a
certificate  of  possession  shall be confidential
and shall not be disclosed,  except  such  records
may be disclosed to law enforcement agencies.
    (b)  No  assault  weapon possessed pursuant to
this section may be  sold  or  transferred  on  or
after  January  1, 1994, to any person within this
state other than to  a  licensed  gun  dealer,  as
defined  in  subsection  (d)  of section 6 of this
act, or as provided in section 5 of this  act,  or
by bequest or intestate succession. Any person who
obtains title to an assault  weapon  for  which  a
certificate  of  possession  has been issued under
this section by bequest  or  intestate  succession
shall,  within  ninety  days  of  obtaining title,
apply to the department of  public  safety  for  a
certificate   of   possession   as   provided   in
subsection (a) of this section, render the  weapon
permanently  inoperable,  sell  the  weapon  to  a
licensed gun dealer or remove the weapon from  the
state.  Any  person  who  moves  into the state in
lawful possession of  an  assault  weapon,  shall,
within  ninety  days,  either  render  the  weapon
permanently  inoperable,  sell  the  weapon  to  a
licensed gun dealer or remove the weapon from this
state.
    (c)  If an owner of an assault weapon sells or
transfers the weapon to a licensed gun dealer,  he
shall,  at  the  time  of  delivery of the weapon,
execute a certificate of transfer  and  cause  the
certificate  to  be  mailed  or  delivered  to the
commissioner of  public  safety.  The  certificate
shall  contain:  (1) The date of sale or transfer;
(2)  the  name  and  address  of  the  seller   or
transferor  and  the  licensed  gun  dealer, their
social security numbers or motor vehicle  operator
license  numbers,  if applicable; (3) the licensed
gun dealer's federal firearms license  number  and
seller's  permit  number; (4) a description of the
weapon, including the caliber of  the  weapon  and
its  make,  model  and  serial number; and (5) any
other information the commissioner prescribes. The
licensed   gun  dealer  shall  present  his  motor
vehicle  operator's  license  or  social  security
card, federal firearms license and seller's permit
to the seller or transferor for inspection at  the
time  of purchase or transfer. The commissioner of
public  safety  shall  maintain  a  file  of   all
certificates of transfer at his central office.
    (d)   A   person   who   has   been  issued  a
certificate of possession  of  an  assault  weapon
under  this  section may possess it only under the
following conditions:
    (1)  At  that  person's  residence,  place  of
business or other property owned by  that  person,
or  on  property owned by another with the owner's
express permission;
    (2)  While  on  the premises of a target range
of  a  public  or  private  club  or  organization
organized  for  the purpose of practicing shooting
at targets;
    (3)  While  on  a  target  range which holds a
regulatory or business license for the purpose  of
practicing shooting at that target range;
    (4)  While  on  the  premises  of  a  licensed
shooting club;
    (5)  While  attending  any exhibition, display
or educational project which is about firearms and
which   is   sponsored  by,  conducted  under  the
auspices of, or  approved  by  a  law  enforcement
agency  or a nationally or state recognized entity
that fosters proficiency in, or promotes education
about, firearms; or
    (6)  While  transporting  the  assault  weapon
between  any  of  the  places  mentioned  in  this
subsection,  or  to  any  licensed  gun dealer, as
defined in subsection (d) of  section  6  of  this
act,   for   servicing   or   repair  pursuant  to
subsection (c) of section 6 of this act,  provided
the  assault  weapon is transported as required by
section 6 of this act.
    Sec.  5.  (NEW)  Any individual may arrange in
advance to  relinquish  an  assault  weapon  to  a
police  department  or  the  department  of public
safety. The assault weapon shall be transported in
accordance  with  the  provisions  of section 6 of
this act.
    Sec.   6.  (NEW)  (a)  While  transporting  an
assault weapon between any of the places mentioned
in   subdivisions   (1)   to  (6),  inclusive,  of
subsection (d) of section 4 of this act, no person
shall carry a loaded assault weapon concealed from
public  view  or  knowingly  have,  in  any  motor
vehicle  owned,  operated or occupied by him (1) a
loaded assault weapon, or (2) an unloaded  assault
weapon  unless such weapon is kept in the trunk of
such vehicle or in a case or other container which
is   inaccessible   to  the  operator  of  or  any
passenger in such vehicle. Any person who violates
the  provisions  of this subsection shall be fined
not more than five hundred dollars  or  imprisoned
not more than three years or both.
    (b)  Any  licensed  gun  dealer, as defined in
subsection  (d)  of  this  section,  who  lawfully
possesses  an assault weapon pursuant to section 4
of this act, in addition to the  uses  allowed  in
section  4  of this act, may transport the assault
weapon  between  dealers  or  out  of  the  state,
display  it at any gun show licensed by a state or
local governmental entity or sell it to a resident
outside the state. Any transporting of the assault
weapon allowed by this subsection must be done  as
required by subsection (a) of this section.
    (c)  (1)  Any  licensed gun dealer, as defined
in  subsection  (d)  of  this  section,  may  take
possession  of any assault weapon for the purposes
of servicing or repair from any person to whom has
been  issued  a certificate of possession for such
weapon pursuant to this act.
    (2)  Any  licensed  gun  dealer  may  transfer
possession of any assault weapon received pursuant
to  subdivision  (1)  of  this  subsection,  to  a
gunsmith for purposes of accomplishing service  or
repair of the same. Transfers are permissible only
to the following persons:
    (A) A gunsmith who is in the dealer's employ;
    (B)  A  gunsmith who the dealer has contracted
for gunsmithing services,  provided  the  gunsmith
receiving  the  assault  weapon  holds  a dealer's
license issued pursuant to Chapter 44,  commencing
with Section 921, of Title 18 of the United States
Code and the regulations issued pursuant thereto.
    (d)  The  term  "licensed gun dealer", as used
in this act means  a  person  who  has  a  federal
firearms  license  and  a  permit to sell firearms
pursuant to section 29-28 of the general statutes.
    Sec.   7.   (NEW)   Any  person  who  lawfully
possesses an assault weapon under this act that is
stolen  from  him  shall  report  the theft to law
enforcement authorities within  seventy-two  hours
of  when  such  person  discovered  or should have
discovered the theft.
    Sec.  8.  (NEW)  Any  person  who  commits any
class A, B or C felony and in  the  commission  of
such  felony  uses, or is armed with and threatens
the use of, or  displays,  or  represents  by  his
words  or  conduct  that  he  possesses an assault
weapon, as defined in section 1 of this act, shall
be  imprisoned  for  a  term of 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.  9.  (NEW)  Any  person  who  commits any
class A, B or C felony and in  the  commission  of
such  felony  uses, or is armed with and threatens
the use of, or  displays,  or  represents  by  his
words or conduct that he possesses any firearm, as
defined in section 53a-3 of the general  statutes,
except  an assault weapon, as defined in section 1
of this act, shall be imprisoned  for  a  term  of
five  years,  which  shall  not  be  suspended  or
reduced and shall be in addition  and  consecutive
to any term of imprisonment imposed for conviction
of such felony.
    Sec.  10.  (NEW)  The provisions of subsection
(a) of section 2 and subsection (a) of  section  3
of  this  act  shall  not  apply  to the temporary
transfer or possession of an assault  weapon,  for
which  a certificate of possession has been issued
pursuant to section 4 of this act, for purposes of
transporting  such weapon to and from any shooting
competition or exhibition, display or  educational
project  which  is  about  firearms  and  which is
sponsored by, conducted under the auspices of,  or
approved   by   a  law  enforcement  agency  or  a
nationally or state recognized entity that fosters
proficiency   in,  or  promotes  education  about,
firearms, which competition,  exhibition,  display
or educational project is held outside this state.
    Sec.  11.  (NEW)  Nothing in this act shall be
construed  to  prohibit  any   person,   firm   or
corporation    engaged    in   the   business   of
manufacturing assault weapons in this  state  from
manufacturing  or  transporting assault weapons in
this  state  for  sale  within   this   state   in
accordance  with subdivision (1) of subsection (b)
of section 2 of this act or for sale outside  this
state.
    Sec. 12. Subsection  (h) of section 53a-46a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (h) If no  mitigating  factor  is present, the
court shall impose  the  sentence  of death on the
defendant if the jury or, if there is no jury, the
court finds by  a  special  verdict as provided in
subsection (e) that  (1)  the  defendant committed
the offense during  the  commission  or  attempted
commission of, or during the immediate flight from
the  commission  or  attempted  commission  of,  a
felony and he had previously been convicted of the
same felony; or  (2)  the  defendant committed the
offense after having been convicted of two or more
state offenses or  two or more federal offenses or
of one or  more  state  offenses  and  one or more
federal offenses for  each  of  which a penalty of
more than one  year  imprisonment  may be imposed,
which  offenses  were   committed   on   different
occasions and which  involved  the  infliction  of
serious bodily injury  upon another person; or (3)
the defendant committed  the  offense  and in such
commission knowingly created a grave risk of death
to another person in addition to the victim of the
offense;  or  (4)   the  defendant  committed  the
offense  in  an   especially   heinous,  cruel  or
depraved manner; or (5) the defendant procured the
commission of the  offense  by payment, or promise
of payment, of anything of pecuniary value; or (6)
the   defendant   committed    the    offense   as
consideration for the  receipt,  or in expectation
of the receipt, of anything of pecuniary value; OR
(7) THE DEFENDANT  COMMITTED  THE  OFFENSE WITH AN
ASSAULT WEAPON, AS  DEFINED  IN  SECTION 1 OF THIS
ACT.
    Sec.  13. (NEW) (a) Any person who purchases a
firearm,  as  defined  in  section  53a-3  of  the
general  statutes,  pursuant  to  section 29-33 or
29-37a of the general statutes with the intent  to
transfer  such firearm to any other person who the
transferor knows  or  has  reason  to  believe  is
prohibited  from purchasing or otherwise receiving
such a firearm pursuant to section 29-33 or 29-37a
of  the  general  statutes shall be fined not more
than one thousand dollars or imprisoned  not  more
than five years or both.
    (b)  Any  person prohibited from purchasing or
otherwise receiving or possessing  a  firearm  and
who  solicits,  employs,  or assists any person in
violating the provisions of subsection (a) of this
section  shall be guilty of a class B misdemeanor.
If the violation of subsection (a) of this section
involves a transfer of more than one firearm, such
person shall be guilty of a class  A  misdemeanor.
Each transfer shall constitute a separate offense.
    (c)  Any  person  convicted  of  violating the
provisions  of  subsection  (a)  or  (b)  of  this
section  and  who was convicted of a felony within
the prior five-year period shall be  guilty  of  a
class D felony.