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.