HB 5870

Version: Committee+Bill
Author: Judiciary Committee

Created by BCL easyConverter SDK 5 (HTML Version)

Referred to Committee on JUDICIARY

Introduced by: (JUD)

AN ACT CONCERNING TRANSFER OF ASSAULT WEAPONS AND LARGE CAPACITY MAGAZINES.

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

1Section 1. Section 53-202d of the general statutes is repealed and the

2following is substituted in lieu thereof (Effective October 1, 2019):

3 (a) (1) (A) Except as provided in subparagraph (B) of this

4subdivision, any person who lawfully possesses an assault weapon, as

5defined in subparagraph (A) of subdivision (1) of section 53-202a, prior

6to October 1, 1993, shall apply by October 1, 1994, or, if such person is

7a member of the military or naval forces of this state or of the United

8States and is unable to apply by October 1, 1994, because such member

9is or was on official duty outside of this state, shall apply within ninety

10days of returning to the state to the Department of Emergency Services

11and Public Protection, for a certificate of possession with respect to

12such assault weapon.

13(B) No person who lawfully possesses an assault weapon pursuant

14to subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be

15required to obtain a certificate of possession pursuant to this

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16subdivision with respect to an assault weapon used for official duties,

17except that any person described in subdivision (2) of subsection (b) of

18section 53-202c who purchases an assault weapon, as defined in

19subparagraph (A) of subdivision (1) of section 53-202a, for use in the

20discharge of official duties who retires or is otherwise separated from

21service shall apply within ninety days of such retirement or separation

22from service to the Department of Emergency Services and Public

23Protection for a certificate of possession with respect to such assault

24weapon.

25(2) (A) Except as provided in subparagraph (B) of this subdivision,

26any person who lawfully possesses an assault weapon, as defined in

27any provision of subparagraphs (B) to (F), inclusive, of subdivision (1)

28of section 53-202a, on April 4, 2013, under the provisions of sections 53-

29202a to 53-202k, inclusive, in effect on January 1, 2013, or any person

30who regains possession of an assault weapon as defined in any

31provision of said subparagraphs pursuant to subsection (e) of section

3253-202f, as amended by this act, or any person who lawfully purchases

33a firearm on or after April 4, 2013, but prior to June 18, 2013, that meets

34the criteria set forth in subdivision (3) or (4) of subsection (a) of section

3553-202a of the general statutes, revision of 1958, revised to January 1,

362013, shall apply by January 1, 2014, or, if such person is a member of

37the military or naval forces of this state or of the United States and is

38unable to apply by January 1, 2014, because such member is or was on

39official duty outside of this state, shall apply within ninety days of

40returning to the state to the Department of Emergency Services and

41Public Protection for a certificate of possession with respect to such

42assault weapon. Any person who lawfully purchases a semiautomatic

43pistol that is defined as an assault weapon in any provision of

44subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-

45202a that the Commissioner of Emergency Services and Public

46Protection designates as being designed expressly for use in target

47shooting events at the Olympic games sponsored by the International

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50ninety days of such purchase to the Department of Emergency Services

51and Public Protection for a certificate of possession with respect to

52such assault weapon.

53(B) No person who lawfully possesses an assault weapon pursuant

54to subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be

55 required to obtain a certificate of possession pursuant to this

56subdivision with respect to an assault weapon used for official duties,

57except that any person described in subdivision (2) of subsection (b) of

58section 53-202c who purchases an assault weapon, as defined in any

59provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of

60section 53-202a for use in the discharge of official duties who retires or

61is otherwise separated from service shall apply within ninety days of

62such retirement or separation from service to the Department of

63 Emergency Services and Public Protection for a certificate of

64possession with respect to such assault weapon.

65(3) Any person who obtained a certificate of possession for an

66assault weapon, as defined in subparagraph (A) of subdivision (1) of

67section 53-202a, prior to April 5, 2013, that is defined as an assault

68weapon pursuant to any provision of subparagraphs (B) to (F),

69inclusive, of subdivision (1) of section 53-202a shall be deemed to have

70obtained a certificate of possession for such assault weapon for the

71purposes of sections 53-202a to 53-202k, inclusive, and shall not be

72required to obtain a subsequent certificate of possession for such

73assault weapon.

74(4) The certificate of possession shall contain a description of the

75firearm that identifies it uniquely, including all identification marks,

76the full name, address, date of birth and thumbprint of the owner, and

77any other information as the department may deem appropriate.

78(5) The department shall adopt regulations, in accordance with the

79provisions of chapter 54, to establish procedures with respect to the

80application for and issuance of certificates of possession pursuant to

81this section. Notwithstanding the provisions of sections 1-210 and 1-

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82211, the name and address of a person issued a certificate of possession

83shall be confidential and shall not be disclosed, except such records

84may be disclosed to (A) law enforcement agencies and employees of

85the United States Probation Office acting in the performance of their

86duties and parole officers within the Department of Correction acting

87in the performance of their duties, and (B) the Commissioner of Mental

88 Health and Addiction Services to carry out the provisions of

89subsection (c) of section 17a-500.

90(b) (1) No assault weapon, as defined in subparagraph (A) of

91subdivision (1) of section 53-202a, possessed pursuant to a certificate of

92possession issued under this section may be sold or transferred on or

93after January 1, 1994, to any person within this state other than to a

94licensed gun dealer, as defined in subsection (f) of section 53-202f, as

95amended by this act, or as provided in section 53-202e, or as provided

96in subsection (g) of section 53-202f, as amended by this act, or by

97bequest or intestate succession, or, upon the death of a testator or

98settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible

99to possess the assault weapon.

100 (2) No assault weapon, as defined in any provision of

101subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-

102202a, possessed pursuant to a certificate of possession issued under

103this section may be sold or transferred on or after April 5, 2013, to any

104person within this state other than to a licensed gun dealer, as defined

105in subsection (f) of section 53-202f, as amended by this act, or as

106provided in section 53-202e, or as provided in subsection (g) of section

10753-202f, as amended by this act, or by bequest or intestate succession,

108or, upon the death of a testator or settlor: (A) To a trust, or (B) from a

109trust to a beneficiary who is eligible to possess the assault weapon.

110(c) Any person who obtains title to an assault weapon for which a

111certificate of possession has been issued under this section by (1)

112transfer pursuant to subsection (g) of section 53-202f, as amended by

113this act, or (2) bequest or intestate succession, shall, within ninety days

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114of obtaining title, apply to the Department of Emergency Services and

115Public Protection for a certificate of possession as provided in

116subsection (a) of this section, render the assault weapon permanently

117inoperable, sell the assault weapon to a licensed gun dealer or remove

118the assault weapon from the state.

119(d) Any person who moves into the state in lawful possession of an

120assault weapon, shall, within ninety days, either render the assault

121weapon permanently inoperable, sell the assault weapon to a licensed

122gun dealer or remove the assault weapon from this state, except that

123any person who is a member of the military or naval forces of this state

124or of the United States, is in lawful possession of an assault weapon

125and has been transferred into the state after October 1, 1994, may,

126within ninety days of arriving in the state, apply to the Department of

127 Emergency Services and Public Protection for a certificate of

128possession with respect to such assault weapon.

129(e) If an owner of an assault weapon sells or transfers the assault

130weapon to a licensed gun dealer, such dealer shall, at the time of

131delivery of the assault weapon, execute a certificate of transfer and

132cause the certificate of transfer to be mailed or delivered to the

133Commissioner of Emergency Services and Public Protection. The

134certificate of transfer shall contain: (1) The date of sale or transfer; (2)

135the name and address of the seller or transferor and the licensed gun

136dealer, their Social Security numbers or motor vehicle operator license

137numbers, if applicable; (3) the licensed gun dealer's federal firearms

138license number and seller's permit number; (4) a description of the

139assault weapon, including the caliber of the assault weapon and its

140make, model and serial number; and (5) any other information the

141commissioner prescribes. The licensed gun dealer shall present such

142dealer's motor vehicle operator's license or Social Security card, federal

143firearms license and seller's permit to the seller or transferor for

144inspection at the time of purchase or transfer. The Commissioner of

145Emergency Services and Public Protection shall maintain a file of all

146certificates of transfer at the commissioner's central office.

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147(f) Any person who has been issued a certificate of possession for an

148assault weapon under this section may possess the assault weapon

149only under the following conditions:

150(1) At that person's residence, place of business or other property

151owned by that person, or on property owned by another person with

152the owner's express permission;

153(2) While on the premises of a target range of a public or private

154club or organization organized for the purpose of practicing shooting

155at targets;

156(3) While on a target range which holds a regulatory or business

157license for the purpose of practicing shooting at that target range;

158(4) While on the premises of a licensed shooting club;

159(5) While attending any exhibition, display or educational project

160which is about firearms and which is sponsored by, conducted under

161the auspices of, or approved by a law enforcement agency or a

162nationally or state recognized entity that fosters proficiency in, or

163promotes education about, firearms;

164(6) While transporting the assault weapon between any of the places

165set forth in this subsection, or to any licensed gun dealer, as defined in

166subsection (f) of section 53-202f, as amended by this act, for servicing

167or repair pursuant to subsection (c) of section 53-202f, as amended by

168this act, or for purposes of a transfer pursuant to subsection (g) of

169section 53-202f, as amended by this act, provided the assault weapon is

170transported as required by section 53-202f, as amended by this act;

171(7) With respect to a nonresident of this state, while transporting a

172semiautomatic pistol that is defined as an assault weapon in any

173provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of

174section 53-202a that the Commissioner of Emergency Services and

175Public Protection designates as being designed expressly for use in

176target shooting events at the Olympic games sponsored by the

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177International Olympic Committee pursuant to regulations adopted

178under subdivision (4) of subsection (b) of section 53-202b, into or

179through this state in order to attend any exhibition, display or

180educational project described in subdivision (5) of this subsection, or to

181 participate in a collegiate, Olympic or target pistol shooting

182competition in this state which is sponsored by, conducted under the

183auspices of, or approved by a law enforcement agency or a nationally

184or state recognized entity that fosters proficiency in, or promotes

185education about, firearms, provided (A) such pistol is transported into

186or through this state not more than forty-eight hours prior to or after

187such exhibition, display, project or competition, (B) such pistol is

188unloaded and carried in a locked carrying case and the ammunition for

189such pistol is carried in a separate locked container, (C) such

190nonresident has not been convicted of a felony in this state or of an

191offense in another state that would constitute a felony if committed in

192this state, and (D) such nonresident has in his or her possession a pistol

193permit or firearms registration card if such permit or card is required

194for possession of such pistol under the laws of his or her state of

195residence.

196Sec. 2. Section 53-202f of the general statutes is amended by adding

197subsection (g) as follows (Effective October 1, 2019):

198(NEW) (g) (1) Any licensed gun dealer, as defined in subsection (f)

199of this section, may take possession of any assault weapon from any

200person to whom has been issued a certificate of possession for such

201weapon pursuant to sections 53-202a to 53-202k, inclusive, for

202purposes of transferring such assault weapon to another person

203pursuant to subdivision (2) of this subsection.

204(2) Any licensed gun dealer may transfer possession of any assault

205weapon received pursuant to subdivision (1) of this subsection to a

206person who lawfully possesses another assault weapon and to whom

207has previously been issued a certificate of possession for such weapon

208pursuant to sections 53-202a to 53-202k, inclusive.

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209Sec. 3. Section 53-202w of the general statutes is repealed and the

210following is substituted in lieu thereof (Effective October 1, 2019):

211(a) As used in this section and section 53-202x:

212(1) "Large capacity magazine" means any firearm magazine, belt,

213drum, feed strip or similar device that has the capacity of, or can be

214readily restored or converted to accept, more than ten rounds of

215ammunition, but does not include: (A) A feeding device that has been

216permanently altered so that it cannot accommodate more than ten

217rounds of ammunition, (B) a .22 caliber tube ammunition feeding

218device, (C) a tubular magazine that is contained in a lever-action

219firearm, or (D) a magazine that is permanently inoperable;

220(2) "Lawfully possesses", with respect to a large capacity magazine,

221means that a person has (A) actual and lawful possession of the large

222capacity magazine, (B) constructive possession of the large capacity

223magazine pursuant to a lawful purchase of a firearm that contains a

224large capacity magazine that was transacted prior to or on April 4,

2252013, regardless of whether the firearm was delivered to the purchaser

226prior to or on April 4, 2013, which lawful purchase is evidenced by a

227writing sufficient to indicate that (i) a contract for sale was made

228between the parties prior to or on April 4, 2013, for the purchase of the

229firearm, or (ii) full or partial payment for the firearm was made by the

230purchaser to the seller of the firearm prior to or on April 4, 2013, or (C)

231actual possession under subparagraph (A) of this subdivision, or

232constructive possession under subparagraph (B) of this subdivision, as

233evidenced by a written statement made under penalty of false

234statement on such form as the Commissioner of Emergency Services

235and Public Protection prescribes; and

236(3) "Licensed gun dealer" means a person who has a federal firearms

237license and a permit to sell firearms pursuant to section 29-28.

238(b) Except as provided in this section, on and after April 5, 2013, any

239person who, within this state, distributes, imports into this state, keeps

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240for sale, offers or exposes for sale, or purchases a large capacity

241magazine shall be guilty of a class D felony. On and after April 5, 2013,

242any person who, within this state, transfers a large capacity magazine,

243except as provided in subsection (f) or (g) of this section, shall be guilty

244of a class D felony.

245(c) Except as provided in this section and section 53-202x: (1) Any

246person who possesses a large capacity magazine on or after January 1,

2472014, that was obtained prior to April 5, 2013, shall commit an

248infraction and be fined not more than ninety dollars for a first offense

249and shall be guilty of a class D felony for any subsequent offense, and

250(2) any person who possesses a large capacity magazine on or after

251January 1, 2014, that was obtained on or after April 5, 2013, shall be

252guilty of a class D felony.

253(d) A large capacity magazine may be possessed, purchased or

254imported by:

255(1) The Department of Emergency Services and Public Protection,

256police departments, the Department of Correction, the Division of

257Criminal Justice, the Department of Motor Vehicles, the Department of

258Energy and Environmental Protection or the military or naval forces of

259this state or of the United States;

260(2) A sworn and duly certified member of an organized police

261department, the Division of State Police within the Department of

262Emergency Services and Public Protection or the Department of

263Correction, a chief inspector or inspector in the Division of Criminal

264Justice, a salaried inspector of motor vehicles designated by the

265Commissioner of Motor Vehicles, a conservation officer or special

266conservation officer appointed by the Commissioner of Energy and

267Environmental Protection pursuant to section 26-5, or a constable who

268is certified by the Police Officer Standards and Training Council and

269appointed by the chief executive authority of a town, city or borough

270to perform criminal law enforcement duties, for use by such sworn

271member, inspector, officer or constable in the discharge of such sworn

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272member's, inspector's, officer's or constable's official duties or when off

273duty;

274(3) A member of the military or naval forces of this state or of the

275United States;

276(4) A nuclear facility licensed by the United States Nuclear

277Regulatory Commission for the purpose of providing security services

278at such facility, or any contractor or subcontractor of such facility for

279the purpose of providing security services at such facility;

280(5) Any person who is sworn and acts as a policeman on behalf of

281an armored car service pursuant to section 29-20 in the discharge of

282such person's official duties; or

283(6) Any person, firm or corporation engaged in the business of

287subdivisions (1) to (5), inclusive, of this subsection or for sale outside

288this state, or a federally-licensed firearm manufacturer engaged in the

289business of manufacturing firearms or large capacity magazines in this

290state that manufactures, purchases, tests or transports firearms or large

291capacity magazines in this state for sale within this state to persons

292specified in subdivisions (1) to (5), inclusive, of this subsection or for

293sale outside this state.

294(e) A large capacity magazine may be possessed by:

295(1) A licensed gun dealer;

296(2) A gunsmith who is in a licensed gun dealer's employ, who

297possesses such large capacity magazine for the purpose of servicing or

298repairing a lawfully possessed large capacity magazine;

299(3) A person, firm, corporation or federally-licensed firearm

300manufacturer described in subdivision (6) of subsection (d) of this

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301section that possesses a large capacity magazine that is lawfully

302possessed by another person for the purpose of servicing or repairing

303the large capacity magazine;

304(4) Any person who has declared possession of the magazine

305pursuant to section 53-202x; or

306(5) Any person who is the executor or administrator of an estate that

307includes a large capacity magazine, or the trustee of a trust that

308includes a large capacity magazine, the possession of which has been

309declared to the Department of Emergency Services and Public

310Protection pursuant to section 53-202x, which is disposed of as

311authorized by the Probate Court, if the disposition is otherwise

312permitted by this section and section 53-202x.

313(f) Subsection (b) of this section shall not prohibit:

314(1) The transfer of a large capacity magazine, the possession of

315which has been declared to the Department of Emergency Services and

316Public Protection pursuant to section 53-202x, by bequest or intestate

317succession, or, upon the death of a testator or settlor: (A) To a trust, or

318(B) from a trust to a beneficiary;

319(2) The transfer of a large capacity magazine to a police department

320or the Department of Emergency Services and Public Protection;

321(3) The transfer of a large capacity magazine to a licensed gun dealer

322in accordance with section 53-202x; [or]

323(4) The transfer of a large capacity magazine prior to October 1,

3242013, from a licensed gun dealer, pawnbroker licensed under section

32521-40, or consignment shop operator, as defined in section 21-39a, to

326any person who (A) possessed the large capacity magazine prior to or

327on April 4, 2013, (B) placed a firearm that such person legally

328possessed, with the large capacity magazine included or attached, in

329the possession of such dealer, pawnbroker or operator prior to or on

330April 4, 2013, pursuant to an agreement between such person and such

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331dealer, pawnbroker or operator for the sale of the firearm to a third

332person, and (C) is eligible to possess the firearm on the date of such

333transfer; or

334(5) The transfer of a large capacity magazine pursuant to subsection

335(g) of this section, the possession of which has been declared to the

336Department of Emergency Services and Public Protection pursuant to

337section 53-202x.

338(g) (1) Any person may transfer a large capacity magazine, the

339possession of which has been declared to the Department of

340Emergency Services and Public Protection pursuant to section 53-202x

341to a licensed gun dealer.

342(2) A licensed gun dealer who takes possession of a large capacity

343magazine pursuant to subdivision (1) of this subsection, may transfer

344ownership of such large capacity magazine to a person who lawfully

345possesses another large capacity magazine, the possession of which

346has been declared to the Department of Emergency Services and Public

347Protection pursuant to section 53-202x.

348[(g)] (h) If the court finds that a violation of this section is not of a

349serious nature and that the person charged with such violation (1) will

350probably not offend in the future, (2) has not previously been

351convicted of a violation of this section, and (3) has not previously had a

352prosecution under this section suspended pursuant to this subsection,

353it may order suspension of prosecution in accordance with the

354provisions of subsection (h) of section 29-33.

This act shall take effect as follows and shall amend the following sections:

Committee Bill No. 5870

Statement of Purpose:

To allow the legal transfer of an assault weapon possessed under a certificate of possession and large capacity magazines possessed under a declaration of possession between people who already legally possess such weapons or magazines.

[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.]

H.B. 5870

HB 5870

Version: Committee+Bill
Author: Judiciary Committee

Created by BCL easyConverter SDK 5 (HTML Version)

Referred to Committee on JUDICIARY

Introduced by: (JUD)

AN ACT CONCERNING TRANSFER OF ASSAULT WEAPONS AND LARGE CAPACITY MAGAZINES.

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

1Section 1. Section 53-202d of the general statutes is repealed and the

2following is substituted in lieu thereof (Effective October 1, 2019):

3 (a) (1) (A) Except as provided in subparagraph (B) of this

4subdivision, any person who lawfully possesses an assault weapon, as

5defined in subparagraph (A) of subdivision (1) of section 53-202a, prior

6to October 1, 1993, shall apply by October 1, 1994, or, if such person is

7a member of the military or naval forces of this state or of the United

8States and is unable to apply by October 1, 1994, because such member

9is or was on official duty outside of this state, shall apply within ninety

10days of returning to the state to the Department of Emergency Services

11and Public Protection, for a certificate of possession with respect to

12such assault weapon.

13(B) No person who lawfully possesses an assault weapon pursuant

14to subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be

15required to obtain a certificate of possession pursuant to this

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16subdivision with respect to an assault weapon used for official duties,

17except that any person described in subdivision (2) of subsection (b) of

18section 53-202c who purchases an assault weapon, as defined in

19subparagraph (A) of subdivision (1) of section 53-202a, for use in the

20discharge of official duties who retires or is otherwise separated from

21service shall apply within ninety days of such retirement or separation

22from service to the Department of Emergency Services and Public

23Protection for a certificate of possession with respect to such assault

24weapon.

25(2) (A) Except as provided in subparagraph (B) of this subdivision,

26any person who lawfully possesses an assault weapon, as defined in

27any provision of subparagraphs (B) to (F), inclusive, of subdivision (1)

28of section 53-202a, on April 4, 2013, under the provisions of sections 53-

29202a to 53-202k, inclusive, in effect on January 1, 2013, or any person

30who regains possession of an assault weapon as defined in any

31provision of said subparagraphs pursuant to subsection (e) of section

3253-202f, as amended by this act, or any person who lawfully purchases

33a firearm on or after April 4, 2013, but prior to June 18, 2013, that meets

34the criteria set forth in subdivision (3) or (4) of subsection (a) of section

3553-202a of the general statutes, revision of 1958, revised to January 1,

362013, shall apply by January 1, 2014, or, if such person is a member of

37the military or naval forces of this state or of the United States and is

38unable to apply by January 1, 2014, because such member is or was on

39official duty outside of this state, shall apply within ninety days of

40returning to the state to the Department of Emergency Services and

41Public Protection for a certificate of possession with respect to such

42assault weapon. Any person who lawfully purchases a semiautomatic

43pistol that is defined as an assault weapon in any provision of

44subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-

45202a that the Commissioner of Emergency Services and Public

46Protection designates as being designed expressly for use in target

47shooting events at the Olympic games sponsored by the International

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50ninety days of such purchase to the Department of Emergency Services

51and Public Protection for a certificate of possession with respect to

52such assault weapon.

53(B) No person who lawfully possesses an assault weapon pursuant

54to subdivision (1), (2) or (4) of subsection (b) of section 53-202c shall be

55 required to obtain a certificate of possession pursuant to this

56subdivision with respect to an assault weapon used for official duties,

57except that any person described in subdivision (2) of subsection (b) of

58section 53-202c who purchases an assault weapon, as defined in any

59provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of

60section 53-202a for use in the discharge of official duties who retires or

61is otherwise separated from service shall apply within ninety days of

62such retirement or separation from service to the Department of

63 Emergency Services and Public Protection for a certificate of

64possession with respect to such assault weapon.

65(3) Any person who obtained a certificate of possession for an

66assault weapon, as defined in subparagraph (A) of subdivision (1) of

67section 53-202a, prior to April 5, 2013, that is defined as an assault

68weapon pursuant to any provision of subparagraphs (B) to (F),

69inclusive, of subdivision (1) of section 53-202a shall be deemed to have

70obtained a certificate of possession for such assault weapon for the

71purposes of sections 53-202a to 53-202k, inclusive, and shall not be

72required to obtain a subsequent certificate of possession for such

73assault weapon.

74(4) The certificate of possession shall contain a description of the

75firearm that identifies it uniquely, including all identification marks,

76the full name, address, date of birth and thumbprint of the owner, and

77any other information as the department may deem appropriate.

78(5) The department shall adopt regulations, in accordance with the

79provisions of chapter 54, to establish procedures with respect to the

80application for and issuance of certificates of possession pursuant to

81this section. Notwithstanding the provisions of sections 1-210 and 1-

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82211, the name and address of a person issued a certificate of possession

83shall be confidential and shall not be disclosed, except such records

84may be disclosed to (A) law enforcement agencies and employees of

85the United States Probation Office acting in the performance of their

86duties and parole officers within the Department of Correction acting

87in the performance of their duties, and (B) the Commissioner of Mental

88 Health and Addiction Services to carry out the provisions of

89subsection (c) of section 17a-500.

90(b) (1) No assault weapon, as defined in subparagraph (A) of

91subdivision (1) of section 53-202a, possessed pursuant to a certificate of

92possession issued under this section may be sold or transferred on or

93after January 1, 1994, to any person within this state other than to a

94licensed gun dealer, as defined in subsection (f) of section 53-202f, as

95amended by this act, or as provided in section 53-202e, or as provided

96in subsection (g) of section 53-202f, as amended by this act, or by

97bequest or intestate succession, or, upon the death of a testator or

98settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible

99to possess the assault weapon.

100 (2) No assault weapon, as defined in any provision of

101subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-

102202a, possessed pursuant to a certificate of possession issued under

103this section may be sold or transferred on or after April 5, 2013, to any

104person within this state other than to a licensed gun dealer, as defined

105in subsection (f) of section 53-202f, as amended by this act, or as

106provided in section 53-202e, or as provided in subsection (g) of section

10753-202f, as amended by this act, or by bequest or intestate succession,

108or, upon the death of a testator or settlor: (A) To a trust, or (B) from a

109trust to a beneficiary who is eligible to possess the assault weapon.

110(c) Any person who obtains title to an assault weapon for which a

111certificate of possession has been issued under this section by (1)

112transfer pursuant to subsection (g) of section 53-202f, as amended by

113this act, or (2) bequest or intestate succession, shall, within ninety days

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114of obtaining title, apply to the Department of Emergency Services and

115Public Protection for a certificate of possession as provided in

116subsection (a) of this section, render the assault weapon permanently

117inoperable, sell the assault weapon to a licensed gun dealer or remove

118the assault weapon from the state.

119(d) Any person who moves into the state in lawful possession of an

120assault weapon, shall, within ninety days, either render the assault

121weapon permanently inoperable, sell the assault weapon to a licensed

122gun dealer or remove the assault weapon from this state, except that

123any person who is a member of the military or naval forces of this state

124or of the United States, is in lawful possession of an assault weapon

125and has been transferred into the state after October 1, 1994, may,

126within ninety days of arriving in the state, apply to the Department of

127 Emergency Services and Public Protection for a certificate of

128possession with respect to such assault weapon.

129(e) If an owner of an assault weapon sells or transfers the assault

130weapon to a licensed gun dealer, such dealer shall, at the time of

131delivery of the assault weapon, execute a certificate of transfer and

132cause the certificate of transfer to be mailed or delivered to the

133Commissioner of Emergency Services and Public Protection. The

134certificate of transfer shall contain: (1) The date of sale or transfer; (2)

135the name and address of the seller or transferor and the licensed gun

136dealer, their Social Security numbers or motor vehicle operator license

137numbers, if applicable; (3) the licensed gun dealer's federal firearms

138license number and seller's permit number; (4) a description of the

139assault weapon, including the caliber of the assault weapon and its

140make, model and serial number; and (5) any other information the

141commissioner prescribes. The licensed gun dealer shall present such

142dealer's motor vehicle operator's license or Social Security card, federal

143firearms license and seller's permit to the seller or transferor for

144inspection at the time of purchase or transfer. The Commissioner of

145Emergency Services and Public Protection shall maintain a file of all

146certificates of transfer at the commissioner's central office.

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147(f) Any person who has been issued a certificate of possession for an

148assault weapon under this section may possess the assault weapon

149only under the following conditions:

150(1) At that person's residence, place of business or other property

151owned by that person, or on property owned by another person with

152the owner's express permission;

153(2) While on the premises of a target range of a public or private

154club or organization organized for the purpose of practicing shooting

155at targets;

156(3) While on a target range which holds a regulatory or business

157license for the purpose of practicing shooting at that target range;

158(4) While on the premises of a licensed shooting club;

159(5) While attending any exhibition, display or educational project

160which is about firearms and which is sponsored by, conducted under

161the auspices of, or approved by a law enforcement agency or a

162nationally or state recognized entity that fosters proficiency in, or

163promotes education about, firearms;

164(6) While transporting the assault weapon between any of the places

165set forth in this subsection, or to any licensed gun dealer, as defined in

166subsection (f) of section 53-202f, as amended by this act, for servicing

167or repair pursuant to subsection (c) of section 53-202f, as amended by

168this act, or for purposes of a transfer pursuant to subsection (g) of

169section 53-202f, as amended by this act, provided the assault weapon is

170transported as required by section 53-202f, as amended by this act;

171(7) With respect to a nonresident of this state, while transporting a

172semiautomatic pistol that is defined as an assault weapon in any

173provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of

174section 53-202a that the Commissioner of Emergency Services and

175Public Protection designates as being designed expressly for use in

176target shooting events at the Olympic games sponsored by the

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177International Olympic Committee pursuant to regulations adopted

178under subdivision (4) of subsection (b) of section 53-202b, into or

179through this state in order to attend any exhibition, display or

180educational project described in subdivision (5) of this subsection, or to

181 participate in a collegiate, Olympic or target pistol shooting

182competition in this state which is sponsored by, conducted under the

183auspices of, or approved by a law enforcement agency or a nationally

184or state recognized entity that fosters proficiency in, or promotes

185education about, firearms, provided (A) such pistol is transported into

186or through this state not more than forty-eight hours prior to or after

187such exhibition, display, project or competition, (B) such pistol is

188unloaded and carried in a locked carrying case and the ammunition for

189such pistol is carried in a separate locked container, (C) such

190nonresident has not been convicted of a felony in this state or of an

191offense in another state that would constitute a felony if committed in

192this state, and (D) such nonresident has in his or her possession a pistol

193permit or firearms registration card if such permit or card is required

194for possession of such pistol under the laws of his or her state of

195residence.

196Sec. 2. Section 53-202f of the general statutes is amended by adding

197subsection (g) as follows (Effective October 1, 2019):

198(NEW) (g) (1) Any licensed gun dealer, as defined in subsection (f)

199of this section, may take possession of any assault weapon from any

200person to whom has been issued a certificate of possession for such

201weapon pursuant to sections 53-202a to 53-202k, inclusive, for

202purposes of transferring such assault weapon to another person

203pursuant to subdivision (2) of this subsection.

204(2) Any licensed gun dealer may transfer possession of any assault

205weapon received pursuant to subdivision (1) of this subsection to a

206person who lawfully possesses another assault weapon and to whom

207has previously been issued a certificate of possession for such weapon

208pursuant to sections 53-202a to 53-202k, inclusive.

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209Sec. 3. Section 53-202w of the general statutes is repealed and the

210following is substituted in lieu thereof (Effective October 1, 2019):

211(a) As used in this section and section 53-202x:

212(1) "Large capacity magazine" means any firearm magazine, belt,

213drum, feed strip or similar device that has the capacity of, or can be

214readily restored or converted to accept, more than ten rounds of

215ammunition, but does not include: (A) A feeding device that has been

216permanently altered so that it cannot accommodate more than ten

217rounds of ammunition, (B) a .22 caliber tube ammunition feeding

218device, (C) a tubular magazine that is contained in a lever-action

219firearm, or (D) a magazine that is permanently inoperable;

220(2) "Lawfully possesses", with respect to a large capacity magazine,

221means that a person has (A) actual and lawful possession of the large

222capacity magazine, (B) constructive possession of the large capacity

223magazine pursuant to a lawful purchase of a firearm that contains a

224large capacity magazine that was transacted prior to or on April 4,

2252013, regardless of whether the firearm was delivered to the purchaser

226prior to or on April 4, 2013, which lawful purchase is evidenced by a

227writing sufficient to indicate that (i) a contract for sale was made

228between the parties prior to or on April 4, 2013, for the purchase of the

229firearm, or (ii) full or partial payment for the firearm was made by the

230purchaser to the seller of the firearm prior to or on April 4, 2013, or (C)

231actual possession under subparagraph (A) of this subdivision, or

232constructive possession under subparagraph (B) of this subdivision, as

233evidenced by a written statement made under penalty of false

234statement on such form as the Commissioner of Emergency Services

235and Public Protection prescribes; and

236(3) "Licensed gun dealer" means a person who has a federal firearms

237license and a permit to sell firearms pursuant to section 29-28.

238(b) Except as provided in this section, on and after April 5, 2013, any

239person who, within this state, distributes, imports into this state, keeps

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240for sale, offers or exposes for sale, or purchases a large capacity

241magazine shall be guilty of a class D felony. On and after April 5, 2013,

242any person who, within this state, transfers a large capacity magazine,

243except as provided in subsection (f) or (g) of this section, shall be guilty

244of a class D felony.

245(c) Except as provided in this section and section 53-202x: (1) Any

246person who possesses a large capacity magazine on or after January 1,

2472014, that was obtained prior to April 5, 2013, shall commit an

248infraction and be fined not more than ninety dollars for a first offense

249and shall be guilty of a class D felony for any subsequent offense, and

250(2) any person who possesses a large capacity magazine on or after

251January 1, 2014, that was obtained on or after April 5, 2013, shall be

252guilty of a class D felony.

253(d) A large capacity magazine may be possessed, purchased or

254imported by:

255(1) The Department of Emergency Services and Public Protection,

256police departments, the Department of Correction, the Division of

257Criminal Justice, the Department of Motor Vehicles, the Department of

258Energy and Environmental Protection or the military or naval forces of

259this state or of the United States;

260(2) A sworn and duly certified member of an organized police

261department, the Division of State Police within the Department of

262Emergency Services and Public Protection or the Department of

263Correction, a chief inspector or inspector in the Division of Criminal

264Justice, a salaried inspector of motor vehicles designated by the

265Commissioner of Motor Vehicles, a conservation officer or special

266conservation officer appointed by the Commissioner of Energy and

267Environmental Protection pursuant to section 26-5, or a constable who

268is certified by the Police Officer Standards and Training Council and

269appointed by the chief executive authority of a town, city or borough

270to perform criminal law enforcement duties, for use by such sworn

271member, inspector, officer or constable in the discharge of such sworn

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272member's, inspector's, officer's or constable's official duties or when off

273duty;

274(3) A member of the military or naval forces of this state or of the

275United States;

276(4) A nuclear facility licensed by the United States Nuclear

277Regulatory Commission for the purpose of providing security services

278at such facility, or any contractor or subcontractor of such facility for

279the purpose of providing security services at such facility;

280(5) Any person who is sworn and acts as a policeman on behalf of

281an armored car service pursuant to section 29-20 in the discharge of

282such person's official duties; or

283(6) Any person, firm or corporation engaged in the business of

287subdivisions (1) to (5), inclusive, of this subsection or for sale outside

288this state, or a federally-licensed firearm manufacturer engaged in the

289business of manufacturing firearms or large capacity magazines in this

290state that manufactures, purchases, tests or transports firearms or large

291capacity magazines in this state for sale within this state to persons

292specified in subdivisions (1) to (5), inclusive, of this subsection or for

293sale outside this state.

294(e) A large capacity magazine may be possessed by:

295(1) A licensed gun dealer;

296(2) A gunsmith who is in a licensed gun dealer's employ, who

297possesses such large capacity magazine for the purpose of servicing or

298repairing a lawfully possessed large capacity magazine;

299(3) A person, firm, corporation or federally-licensed firearm

300manufacturer described in subdivision (6) of subsection (d) of this

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301section that possesses a large capacity magazine that is lawfully

302possessed by another person for the purpose of servicing or repairing

303the large capacity magazine;

304(4) Any person who has declared possession of the magazine

305pursuant to section 53-202x; or

306(5) Any person who is the executor or administrator of an estate that

307includes a large capacity magazine, or the trustee of a trust that

308includes a large capacity magazine, the possession of which has been

309declared to the Department of Emergency Services and Public

310Protection pursuant to section 53-202x, which is disposed of as

311authorized by the Probate Court, if the disposition is otherwise

312permitted by this section and section 53-202x.

313(f) Subsection (b) of this section shall not prohibit:

314(1) The transfer of a large capacity magazine, the possession of

315which has been declared to the Department of Emergency Services and

316Public Protection pursuant to section 53-202x, by bequest or intestate

317succession, or, upon the death of a testator or settlor: (A) To a trust, or

318(B) from a trust to a beneficiary;

319(2) The transfer of a large capacity magazine to a police department

320or the Department of Emergency Services and Public Protection;

321(3) The transfer of a large capacity magazine to a licensed gun dealer

322in accordance with section 53-202x; [or]

323(4) The transfer of a large capacity magazine prior to October 1,

3242013, from a licensed gun dealer, pawnbroker licensed under section

32521-40, or consignment shop operator, as defined in section 21-39a, to

326any person who (A) possessed the large capacity magazine prior to or

327on April 4, 2013, (B) placed a firearm that such person legally

328possessed, with the large capacity magazine included or attached, in

329the possession of such dealer, pawnbroker or operator prior to or on

330April 4, 2013, pursuant to an agreement between such person and such

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331dealer, pawnbroker or operator for the sale of the firearm to a third

332person, and (C) is eligible to possess the firearm on the date of such

333transfer; or

334(5) The transfer of a large capacity magazine pursuant to subsection

335(g) of this section, the possession of which has been declared to the

336Department of Emergency Services and Public Protection pursuant to

337section 53-202x.

338(g) (1) Any person may transfer a large capacity magazine, the

339possession of which has been declared to the Department of

340Emergency Services and Public Protection pursuant to section 53-202x

341to a licensed gun dealer.

342(2) A licensed gun dealer who takes possession of a large capacity

343magazine pursuant to subdivision (1) of this subsection, may transfer

344ownership of such large capacity magazine to a person who lawfully

345possesses another large capacity magazine, the possession of which

346has been declared to the Department of Emergency Services and Public

347Protection pursuant to section 53-202x.

348[(g)] (h) If the court finds that a violation of this section is not of a

349serious nature and that the person charged with such violation (1) will

350probably not offend in the future, (2) has not previously been

351convicted of a violation of this section, and (3) has not previously had a

352prosecution under this section suspended pursuant to this subsection,

353it may order suspension of prosecution in accordance with the

354provisions of subsection (h) of section 29-33.

This act shall take effect as follows and shall amend the following sections:

Committee Bill No. 5870

Statement of Purpose:

To allow the legal transfer of an assault weapon possessed under a certificate of possession and large capacity magazines possessed under a declaration of possession between people who already legally possess such weapons or magazines.

[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.]

H.B. 5870