sSB 1166 (File 541, as amended by Senate "A")*
An Act Concerning the State Permit to Carry Pistols or Revolvers and State Compliance with the National Instant Criminal Background Checks System
SUMMARY: This bill makes extensive changes in the state's firearms laws. It eliminates the 2-week waiting period for handgun transactions and makes many substantive and procedural changes to the laws governing the sale and purchase of firearms. It allows seizures of firearms under certain circumstances. It makes individuals strictly liable, under certain circumstances, if their firearm is used to injure or kill another person.
The bill makes it illegal for a person convicted of any felony, rather than just specified felonies, to possess a long gun or electronic defense weapon. It broadens the circumstances under which nonresidents can carry handguns in and through Connecticut without a state permit. It eliminates local permits for carrying dangerous weapons and makes related changes. It also modifies the law governing transportation of such weapons.
*Senate Amendment "A" strikes the original bill (File 541) which (1) eliminated the local handgun carrying permit and required anyone wanting to carry a handgun to obtain a state permit, (2) required law enforcement authorities to confiscate any permit possessed illegally, and (3) increased the state handgun permit fee.
EFFECTIVE DATE: October 1, 1999
FURTHER EXPLANATION
Purchase and Sale of Firearms
General Provisions. Existing law requires the Department of Public Safety (DPS) to establish a state data base, enabling anyone who sells or transfers handguns to get immediate information on whether eligibility certificates or permits required by law are valid.
The bill requires anyone who sells or transfers guns to contact DPS to access the database and receive an authorization number for the sale, transfer, or delivery of any firearm. It exempts from this provision transactions involving: (1) antique firearms made before 1898 and replicas of such antiques if they use rimfire or conventional centerfire fixed ammunition no longer available in the U.S and not readily available in ordinary commerce; (2) transactions between federal firearm licensees; (3) transfers of firearms to and from gunsmiths for repairs; and (4) purchases by or sales to any U.S. government agency, the State of Connecticut, or any local government.
The bill states that gun dealers may not be held civilly liable for sales or transfers of firearms to ineligible people or for refusing to sell or transfer firearms to eligible people, if they relied in good faith on the information provided to them by the system and their action was not unreasonable or reckless.
The bill requires DPS to establish days and hours during which people can make inquiries of the database, taking into consideration the normal hours of retail firearm businesses. The bill makes the DPS the "point of contact" (POC) for initiating the national instant criminal background checks system (NICS) that the federal law requires for all firearm sales by gun dealers to individuals. In practice, DPS is already the POC.
The bill makes it illegal for a retail business whose principal business is not the selling of firearms (e.g. K Mart) to employ anyone to sell firearms unless (1) the person is at least age 18, (2) a national criminal history record check shows that he has not been convicted of any felony or any other violation prohibiting handgun possession under state law; and (3) the person has successfully completed a DPS-approved course in firearms safety and statutory procedures relating to the sale of firearms. An employer is civilly liable for up to $10,000 for a violation. The attorney general must institute the action.
Handguns. The bill (1) eliminates the 2-week waiting period for handgun transactions; (2) requires handgun vendors to obtain an authorization number from the DPS commissioner; and (3) requires the commissioner to perform a NICS check on all handgun transactions, and (4) explicitly requires him to deny sales to ineligible people.
The bill eliminates a requirement for anyone selling handguns to send the purchase application to the commissioner and the police chief or borough warden or first selectman, as appropriate, of the applicant's town. It eliminates the requirement for the commissioner or local official to notify the vendor of any reason why the applicant should not possess a handgun. The bill requires the transferor or vendor to ensure that the application is properly completed. Under current law the transferor or vendor must keep the application for at least five years; under the bill he must keep it for 20 years or until he goes out of business. The bill requires the application to be available for inspection during normal business hours by law enforcement officials.
The bill also (1) eliminates "occupation" from the information that a person must provide on the receipt for a handgun; (2) allows the transferor or vendor to transmit receipts to DPS electronically, instead of just by first class mail; and (3) requires the local police or town official in the transferee's town, instead of the town where the actual transaction takes place, to be notified of the transaction.
The bill reinstates a requirement (repealed by PA 98-129) for $10 of each state handgun permit fee (currently $35) to be credited within 30 days to DPS for issuing permits.
Other Weapons. The bill conforms state law to federal law by allowing Connecticut residents to buy long guns (rifles or shotguns) in any state. Under current law, Connecticut residents who want to buy long guns out of state may buy them only in Massachusetts, New York, or Rhode Island. But federal law allows people to buy them at a federal firearm licensee's business place in any state. As under current state law, the sale must comply with applicable state laws in the buyer's state and in the state where the sale occurs.
The bill eliminates a requirement for anyone selling long guns at retail to send a copy of the purchase application to the police chief or other appropriate local official where the purchaser lives and the commissioner. It requires instead that he file it with the federal sale or transfer document and keep it for 20 years or until he goes out of business. The vendor must make it available for inspection during normal business hours by law enforcement officials. The bill eliminates a requirement for the local official to inform the vendor if the applicant is a convicted felon.
The bill requires that the vendor ensure that the application is properly completed and obtain a DPS authorization number for the transaction. DPS must conduct a NICS check. Unlike handgun transactions, the bill does not specifically require DPS to deny the sale. But existing law requires DPS to notify the vendor if the person is ineligible, and the vendor is prohibited from transferring guns to ineligible people.
The bill reduces from two to one the number of copies of the receipt the vendor must send to the commissioner and also requires him to send a copy to local officials. It allows him to send the receipt electronically, not just by first class mail. It reduces from six to five years the minimum number of years that the vendor must keep the original receipt.
The bill exempts federal marshals and parole and peace officers, all of whom are currently exempt from the waiting period, from the application, receipt, and authorization of sale requirements. It also exempts transfers to holders of a handgun eligibility certificate from all these requirements. It continues to exempt transfers to permit holders, members of the U.S. armed forces or reserves, and transfers of antique firearms, and transfers to anyone with a valid hunting license from all the requirements.
The bill eliminates the purchaser's occupation from the information the purchaser must provide.
Giving False Information. The bill increases the penalty for giving false information in connection with the purchase, sale, delivery, or other transfer of a handgun. Under current law, the penalty is a prison term of up to three years, a fine of up to $500, or both. The bill makes it a class D felony punishable by one to five years imprisonment, a fine up to $5,000, or both. It also makes it a class D felony to give false statements or information in connection with long gun transactions.
Gun Shows. The bill defines "gun show" as any event at which 50 or more firearms are offered or exhibited for sale, transfer, or exchange to the public and two or more people are exhibiting firearms for sale, transfer, or exchange. It defines a "gun show promoter" as anyone who organizes, plans, promotes, or operates a gun show. Not later than 30 days before the start of a gun show, the promoter must notify the chief of police of the time, place, and location. If there is no police chief, he must notify the borough warden or first selectman. The bill prohibits anyone from selling, delivering, or transferring firearms at a gun show without checking the state firearms data base.
Seizure of Firearms
The bill authorizes seizure of firearms under certain circumstances. It allows a state's attorney or assistant state's attorney or any two police officers to file a sworn complaint with any Superior Court judge alleging probable cause to believe that (1) a person poses imminent risk of injury to himself or others; (2) he possesses one or more firearms; and (3) the weapon or weapons are within or upon any place, thing, or person. The judge may issue a warrant directing an officer to enter, search, and take all firearms into custody. The state's attorney or police officers may only file the complaint after conducting an independent investigation, and determining the existence of probable cause and that there is no reasonable alternative available to prevent the person from causing injury with the firearm.
The warrant must issue from a sworn affidavit establishing the grounds and be part of the seizure file. In determining grounds for the warrant and whether there is probable cause, the judge must consider the person's: (1) recent threats or violent acts toward others or himself and (2) recent acts of animal cruelty as defined by law. In evaluating whether these threats or acts constitute probable cause to believe there is probable cause to believe risk of injury is imminent, the judge may consider factors such as the person's (1) reckless use, display, or brandishing of a firearm, (2) history of use, attempted use, or threatened use of physical force against others, (3) prior involuntary confinement in a hospital for those with psychiatric disabilities, and (4) illegal use of controlled substances or abuse of alcohol. If satisfied that grounds exist or that there is probable cause to believe they exist, the judge must issue the warrant directed at a police officer and naming or describing the person, place, or thing to be searched. The warrant must state the grounds or probable cause and direct the officer to search the named person, place, or thing within a reasonable time. The person named in the warrant must be given a copy with a notice of his right to a hearing and representation by counsel at it.
The warrant applicant must file a copy of the application and all supporting affidavits with the court clerk in the geographical area where the search will be conducted no later than the next business day following the warrant's execution. The clerk may not disclose any information pertaining to the warrant or affidavits until the warrant is executed and returned. It must be executed and returned with reasonable promptness consistent with due process and accompanied by a written inventory of all seized firearms.
The bill makes anyone who is subject to a firearms seizure order ineligible to receive a pistol or revolver carry permit or eligibility certificate. It makes anyone who knows that he is subject to such an order and who possesses a pistol or revolver guilty of the criminal possession of such weapons, a class D felony.
Liability
Existing law prohibits anyone from (1) transferring a handgun to an individual prohibited from possessing it and (2) purchasing any firearm intending to transfer it to an individual he knows or has reason to believe is prohibited from receiving a firearm. The bill makes anyone who transfers a firearm to a person he knows is prohibited from possessing it strictly liable for damages for any injuries or death resulting from its use. This means that the person or can be held liable without any showing of negligence or wrongful intent.
Existing law prohibits people from storing or keeping a loaded firearm on premises under their control if they know, or reasonably should know, that a minor under age 16 can it without his parent's or guardian's permission. A person is guilty of criminal negligence, a class D felony, if his failure to store a firearm properly results in a minor under age 16 using it to kill himself or someone else. The bill makes him strictly liable for damages. Neither existing law nor the bill's penalty applies if (1) the person locks his firearms in a place that a reasonable person considers secure or (2) the person carries it upon his person or close enough to readily retrieve and use.
Illegal Possession of Weapons
The bill makes it illegal to possess long guns or electronic defense weapons after a conviction for any felony, instead of just some felonies--thus making this standard the same as for handgun possession. Under current law, the following cannot possess long guns--anyone convicted of:
1. a capital felony:
2. a class A felony (except employing a minor in an obscene performance);
3. a class B felony (except first-degree larceny, promoting prostitution in the first degree, or promoting a minor in an obscene performance;
4. a class C felony (except bribing a juror, receipt of a bribe by a juror, and promotion of prostitution in the second degree);
5. second-degree assault;
6. second-degree assault with a firearm;
7. second-degree assault of a victim age 60 or older;
8. second-degree assault of a victim age 60 or older with a firearm;
9. third-degree sexual assault;
10. third-degree sexual assault with a firearm;
11. first-degree unlawful restraint;
12. third-degree burglary;
13. third-degree burglary with a firearm;
14. reckless burning;
15. third-degree robbery;
16. criminal use of a firearm or electronic defense weapon; or
17. any serious juvenile offense.
Under existing law, within two business days after any event that makes a person ineligible to possess handguns, he must (1) surrender any handguns he possesses to the DPS commissioner or (2) transfer them to an eligible person. The bill requires the commissioner, with the chief state's attorney and the Connecticut Police Chiefs Association, to develop a protocol to ensure that the guns are surrendered or transferred.
Carrying Handguns
The bill broadens the circumstances under which nonresidents may carry handguns in Connecticut without a Connecticut permit. Under current law, they may do so when at or taking part in competitions or attending meetings or exhibitions of gun collectors. The bill allows them to do so also when taking a gun for repairs or when going to or during a formal handgun training program at a locally approved or permitted training facility. Under current law, the nonresident must have a gun permit or license from another state or jurisdiction. Under the bill, he must be permitted to have and carry guns in the state where he lives.
It generally redefines these actions as "transporting" rather than "carrying" a handgun and defines the term as transporting a pistol or revolver unloaded and, if being transported in a motor vehicle, in a place not readily or directly accessible from the passenger compartment. If the vehicle has no passenger compartment, the handgun must be in a locked container other than the glove compartment or console.
The bill allows people to carry handguns without a permit through Connecticut for lawful purposes if (1) they are not otherwise prohibited from shipping, transporting, receiving, or possessing firearms and (2) they are transporting them between states where they can legally possess and carry them. They cannot use, carry, sell, deliver, or otherwise transfer the guns while in the state. The guns must be kept unloaded and the guns and any ammunition cannot be readily or directly accessible from the passenger compartment. If the vehicle does not have a compartment separate from the passenger compartment, the guns and any ammunition must be in a locked container other than the glove compartment or console.
Carrying Other Dangerous Weapons
Current law, with exceptions, prohibits anyone from carrying the following dangerous weapons on their person without a permit. Dangerous weapons are: slung shot, air rifle, BB gun, black jack, sandbag, metal or brass knuckles, dirk knife, switch knife, knife with automatic spring release blade bigger than 1½ inches, other knives with a blade bigger than 4 inches, martial arts or electronic defense weapon, and any other dangerous or deadly weapon. Peace officers and people taking any of these weapons to or from a repair place or carrying them concealed when moving household goods do not require a permit. The permit must be issued by the chief elected official or police chief of the municipality. With the exception of martial arts weapons, the permit is only valid in that municipality.
The bill:
1. removes slung shot, air rifles, and sandbags from the list of dangerous weapons and adds police batons and nightsticks;
2. allows peace officers to carry the listed weapons only when engaged in their official duties, instead of anytime; and
3. allows a security guard to carry a baton or nightstick while engaged in their official duties.
The bill eliminates the permit provisions. But it allows:
1. martial arts weapons to be carried by anyone enrolled in, attending, or teaching at a martial arts school when at or going to the school or an authorized event or competition; and
2. BB guns to be carried by anyone taking part in a supervised event or competition of the Boy Scouts of Girl Scouts of America or in any other authorized event or competition.
The bill allows the 4-inch blade knife to be carried under the same circumstances it can now be carried without a permit. It also allows the knife to be carried by:
1. members of the U.S. armed forces or reserves when on or going to or from duty;
2. members of a military organization who are on parade or going to or from a place of assembly;
3. anyone transporting them as merchandise or for display at an authorized gun or knife show;
4. anyone holding a valid hunting, fishing, or trapping license or any salt water fisherman carrying one for lawful hinting, fishing, or trapping; and
5. anyone participating in an authorized historic reenactment.
The bill continues to allow people to take a knife to or from a repair place or carry it concealed when moving household goods, but they cannot have any of the other weapons in these circumstances.
The bill eliminates the requirement that anyone selling dangerous weapons must inform the purchaser's local police chief, borough warden or town first selectman of the purchaser's name and address within 24 hours of the delivery.
The bill states that it should not be construed to prevent the carrying of a BB gun on a person's private property or to or from private property if the property owner authorizes the use.
The bill retains existing law's penalty of a fine up to $500, imprisonment for up to three years, or both for violations.
Transporting Dangerous Weapons
Under current law, it is illegal, with one exception, to knowingly have in a vehicle any dangerous weapon for which a permit was not issued. (The exception is for martial arts students carrying martial arts weapons to and from a martial arts school in which they are enrolled. The local permit allows these students to carry martial arts weapon statewide.) The listed dangerous weapons are the same ones currently requiring a carrying permit except for air rifles, BB guns, and electronic defense weapons. The bill:
1. adds BB guns, electronic defense weapons, and police batons and nightsticks to this list of weapons prohibited in vehicles, and it removes slung shot and sandbags--making the listed weapons identical to the listed weapons that can on longer be carried on one's person;
2. allows peace officers engaged in official duties to have the listed weapons in a vehicle;
3. allows security guards to have the police batons and nightsticks in their vehicle when on official business; and
4. prohibits everyone else from having any of the listed weapons in a vehicle at anytime, except (a) anyone having an unloaded BB gun in the trunk of a vehicle and (b) the 4 inch blade knife and the martial arts weapons in limited circumstances. The circumstances are the same as for carrying on the person.
The bill subjects violators to a prison term of up to five years, a fine of up to $1,000, or both--the same as the current penalty for illegally having dangerous weapons in a vehicle.
BACKGROUND
Legislative History
The Senate referred the original bill (File 541) to the Planning and Development, Appropriations, Government Administration and Elections, and Judiciary committees on May 6, 19, 27, and June 1, respectively. Each of the committees favorably reported the bill.
COMMITTEE ACTION
Public Safety Committee
Joint Favorable Substitute Change of Reference
Yea |
22 |
Nay |
0 |
Finance, Revenue and Bonding Committee
Joint Favorable Report
Yea |
40 |
Nay |
0 |
Planning and Development Committee
Joint Favorable Report
Yea |
15 |
Nay |
0 |
Appropriations Committee
Joint Favorable Report
Yea |
45 |
Nay |
0 |
Government Administration and Elections Committee
Joint Favorable Report
Yea |
14 |
Nay |
0 |
Judiciary Committee
Joint Favorable Report
Yea |
28 |
Nay |
1 |