- Team Member
- Jun 2005
- Posts: 3798
Posted: 4/5/2013 12:55:33 AM EST
[Last Edit: 4/8/2013 9:05:54 AM EST by Pain]
EDITED TO ADD:
The final bill (SB1160) was passed and signed into law by the Governor. It is oficially listed as Public Act 13-3 and is available in full here.
So senate bill 1160 was tweaked a little. It's not accurate. Only review Public Act 13-3
Here are the new laws. SB 1160
Perhaps the moderator can un tack the old law as it is no longer valid.
It's a very large bill. This is a copy and paste of the new laws about AR15s, pistols and magazines.
§§ 23-24 — LARGE CAPACITY MAGAZINES
The bill defines "large capacity magazine" as any firearm magazine, belt, drum, feed strip, or similar device that can, or can be readily restored or converted to accept, more than 10 rounds of ammunition. It excludes:
1. feeding devices permanently altered so that they cannot hold more than 10 rounds of ammunition,
2. . 22 caliber tube ammunition feeding devices,
3. tubular magazines contained in a lever-action firearm, or
4. permanently inoperable magazines.
With exceptions, the bill makes it a class D felony to buy, distribute, import into Connecticut, keep for sale, or offer or expose for sale LCMs.
With exceptions, anyone who possesses any LCM on or after January 1, 2014 obtained before the bill's effective date is guilty of a infraction punishable by a $ 90 fine and a class D penalty for any subsequent offense; anyone who possesses a large capacity magazine on or after January 1, 2014 that was obtained after that date is guilty of a class D felony.
Exemptions from the Ban
The following may possess, purchase, or import LCMs:
1. members or employees of DESPP, police departments, DOC, or the Armed Forces (service members) (a) for use in the discharge of their official duties or (b) when off duty;
2. employees of a NRC licensee operating a nuclear power plant in Connecticut for providing security services at the facility, or any person, firm, corporation, contractor, or subcontractor providing security at the facility; or
3. in-state manufacturers of LCM that manufacture or transport LCMs in Connecticut for sale here to exempt persons and entities above or for sale out of state.
The following may also possess LCMs:
1. gun dealers;
2. gunsmiths employed by gun dealers, who possess LCMs for servicing or repair;
3. anyone who declared possession of the magazine under the bill; or
4. executors or administrators of an estate that includes legally declared LCMs, which are disposed of as authorized by the Probate Court, if the disposition is otherwise permitted.
The bill allows transfers:
1. by bequest or intestate succession of LCMs, declared to DESPP;
2. to DESPP or a local police department; or
3. to gun dealers in compliance with the bill.
The court may order suspension of prosecution of a violation of the LCM provisions in accordance with the bill if it finds that the violation is not serious and that the violator (1) will probably not offend again, (2) has not previously been convicted of a violation of the provisions, and (3) has not previously had a prosecution for a violation suspended.
Declaring Possession of LCMs
Anyone who lawfully possesses an LCM before January 1, 2014, must apply to DESPP by January 1, 2014 to declare its possession in order to legally keep it. Service members unable to apply by January 1, 2014 because of out-of-state duty have 90 days after returning to Connecticut to declare possession of such magazine. Applications must be made on such form or in such manner as DESPP prescribes.
In addition to the prescribed LCM application form, DESPP must design or amend the applications for existing gun credentials to allow an applicant to declare possession of an LCM upon these same applications. DESPP may adopt regulations to establish application procedures.
Name and Address of People who Declare LCMs Confidential
The name and address of people who declare possession of LCMs are confidential and disclosable only to (1) law enforcement agencies and U. S. probation officers carrying out their duties and (2) the DMHAS commissioner to carry out statutory provisions pertaining to gun laws.
Nonresidents Who Move to Connecticut
Anyone who moves into Connecticut in lawful possession of an LCM has 90 days to either permanently disable it, sell it to a gun dealer, or take it out of state. But servicemembers who transfer here after January 1, 2014, have 90 days after their arrival to declare possession of an LCM.
Transfers to Dealers
If an owner of an LCM transfers it to a gun dealer, the dealer must, at the time of delivery, execute a certificate of transfer.
For transfers made before January 1, 2014, the dealer must give DESPP monthly reports, on such form as the commissioner prescribes, on the number of transfers that the dealer has accepted. For transfers made on or after January 1, 2014, the dealer must send or deliver the transfer certificates DESPP. The certificate of transfer must contain:
1. the sale or transfer date;
2. the gun dealer and transferor's name and address and their Social Security or motor vehicle operator license numbers, if applicable;
3. the gun dealer's federal firearms license number; and
4. a description of the LCM.
The gun dealer must present his or her dealer's federal firearms license and seller's permit to the seller or transferor for inspection at the time of purchase or transfer.
The DESPP commissioner must maintain a file of all certificates of transfer at his central office.
Restrictions on Declared LCMs
The bill limits where a person can possess an LCM that was declared. The person may possess it only:
1. at his or her residence, place of business, or other property he or she owns, provided the LCM contains not more than 10 bullets;
2. on the premises of a target range of a public or private club or organization organized to practice target shooting;
3. at a target range that holds a regulatory or business license for practicing target shooting;
4. while on the premises of a licensed shooting club;
5. while transporting the LCM between any of the above-mentioned or to a gun dealer, provided the LCM contains no more than 10 bullets and is transported in compliance with the bill; or
6. under a valid gun permit, provided the LCM (a) is in a handgun lawfully possessed by the person before the bill took effect, (b) does not extend beyond the bottom of the pistol grip, and (c) contains no more than 10 bullets.
A violation of the provision imposing restrictions on declared LCMs is a class C misdemeanor.
EFFECTIVE DATE: Upon passage
§§ 25-31 — ASSAULT WEAPONS
Current law defines an “assault weapon” as
1. any selective-fire firearm capable of fully automatic, semiautomatic, or burst fire at the user's option;
2. any of a list of named semiautomatic firearms;
3. any unlisted semi-automatic rifle or pistol that can accept a detachable magazine and has at least two of five specified features;
4. any semi-automatic shotgun that has at least two of four specified features; or
5. a part or combination of parts designed or intended to convert a firearm into an assault weapon if the parts may be rapidly assembled and are in the possession or under the control of the same person (see BACKGROUND for certain exemptions).
Rifles. The bill expands the banned weapons to include the following semiautomatic centerfire rifles, or copies or duplicates with the capability of any such rifles, that were in production before or on the effective date of the bill: AK 47; AK 74, AKM, AKS-74U, ARM, MAADI AK 47, MAK90, MISR, NHM90, NHM91, Norinco 56, 56S, 84S and 86S, Poly Technologies AKS and AK47, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47 and Vector Arms AK-47; AR-10; AR-15; Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster MOE Rifles; Colt Match Target Rifles; Armalite M15; Olympic Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles; DPMS Tactical Rifles; Smith and Wesson M&P15 Rifles; Rock River Arms LAR-15; Doublestar AR Rifles; Barrett REC7; Beretta Storm; Calico Liberty 50, 50 Tactical, 100, 100 Tactical, I, I Tactical, II and II Tactical Rifles; Hi-Point Carbine Rifles; HK-PSG-1; Kel-Tec Sub-2000, SU Rifles, and RFB; Remington Tactical Rifle Model 7615; SAR-8, SAR-4800 and SR9; SLG 95; SLR 95 or 96; TNW M230 and M2HB; Vector Arms UZI, Galil and Galil Sporter; Daewoo AR 100 and AR 110C; Fabrique Nationale/FN 308 Match and L1A1 Sporter; HK USC; IZHMASH Saiga AK; SIG Sauer 551-A1, 556, 516, 716 and M400 Rifles; Valmet M62S, M71S and M78S; Wilkinson Arms Linda Carbine; and Barrett M107A1.
The bill also bans any semiautomatic, centerfire rifle, regardless of the date produced, that can accept a detachable magazine that has at least one of the following features:
1. a folding or telescoping stock;
2. any grip of the weapon, including a pistol grip, thumbhole stock, or other stock that would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing;
3. a forward pistol grip;
4. a flash suppressor; or
5. a grenade launcher or flare launcher.
It also bans semiautomatic, centerfire rifles that have (1) a fixed magazine and can accept more than 10 rounds of ammunition or (2) an overall length of less than 30 inches.
Pistols. The bill bans following specified semiautomatic pistols, or copies or duplicates thereof with the capability of any such pistols, that were in production prior to or on the effective date of this section: Centurion 39 AK, Draco AK-47, HCR AK-47, IO Inc. Hellpup AK-47, Mini-Draco AK-47 and Yugo Krebs Krink; American Spirit AR-15, Bushmaster Carbon 15, Doublestar Corporation AR, DPMS AR-15, Olympic Arms AR-15 and Rock River Arms LAR 15; Calico Liberty III and III Tactical Pistols; Masterpiece Arms MPA Pistols and Velocity Arms VMA Pistols; Intratec TEC-DC9 and AB-10; Colefire Magnum; German Sport 522 PK and Chiappa Firearms Mfour-22; DSA SA58 PKP FAL; I. O. Inc. PPS-43C; Kel-Tec PLR-16 Pistol; Sig Sauer P516 and P556 pistols; and Thompson TA5 pistols.
The bill also bans any semiautomatic pistol that can accept a detachable magazine and has at least one of the following features:
1. the ability to accept a detachable ammunition magazine that attaches at some location outside the pistol grip;
2. a threaded barrel capable of accepting a flash suppressor, forward pistol grip, or silencer; or
3. a shroud attached to, or partially or completely encircling, the barrel and that permitting the shooter to fire the firearm without being burned, except a slide that encloses the barrel; or
4. a second hand grip.
The bill also bans any semiautomatic pistol with a fixed magazine that can accept more than 10 rounds of ammunition
Shotguns. The bill bans the following shotguns or copies or duplicates with the capability of any such shotguns that were in production before or on the bill's effective date: all IZHMASH Saiga 12 shotguns.
The bill also bans semiautomatic shotguns that have both of the following features:
1. a folding or telescoping stock;
2. any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.
It also bans any (1) semiautomatic shotgun that can accept a detachable magazine and (2) shotgun with a revolving cylinder.
Parts Considered an Assault Weapon in Some Circumstances
The bill also bans (1) a part or combination of parts designed or intended to convert semiautomatic (a) centerfire rifles, (b) pistols, (c) shotguns, or (d) firearms into assault weapons and any combination f parts from which such an assault weapon may be assembled if possessed by, or in the possession or under the control of, the same person.
Prohibitions and Exemptions from Ban
The bill generally bans the sale, acquisition, or possession of the newly added weapons under similar conditions to the ban on assault weapons under existing law. By law, illegal possession of an assault weapon is a class D felony, with a mandatory minimum one-year prison term. Illegally transferring or carrying an assault weapon is a class C felony, with a two-year mandatory minimum prison term or, in the case of transfers to people under age 18, an additional six-year mandatory minimum. The ban on sales and transfers is effective upon passage.
Legal Possession. Under the bill, anyone who legally possessed one of the newly banned weapons on the day before the bill's effective date and who is eligible for a certificate of possession may continue to do so by applying to DESPP for this certificate by January 1, 2014 and otherwise complying with the bill. A member of the U. S. Military or Navy who is unable to apply by January 1, 2014 because he or she is out of state on official duty has 90 days after returning to Connecticut to apply for a certificate. The certificate must contain a description of the firearm that identifies it uniquely, including all identification marks; the owner's full name, address, date of birth and thumbprint; and any other information DESPP deems appropriate.
Beginning on its effective date, the bill prohibits anyone with a certificate of possession for any of the newly added assault weapons from (1) selling or transferring the weapon in Connecticut to anyone except a licensed gun dealer or (2) otherwise transferring the weapon except by (a) bequest or intestate succession or (b) prior arrangement to DESPP or a local police department. Anyone who inherits an assault weapon for which a certificate was issued has 90 days to apply for a certificate or sell the weapon to a gun dealer, permanently disable it, or take it out of state.
Anyone who moves into Connecticut in lawful possession of an assault weapon has 90 days to make it permanently inoperable, sell it to a licensed gun dealer, or take it out of state. But service members transferred to Connecticut in lawful possession of an assault weapon may apply to DESPP for a certificate within 90 days of arriving here.
Under the law and bill, anyone who possesses an assault weapon for which a certificate has been issued may possess it only at specified locations, such as his or her home or business place, at a licensed shooting club, or at a target range that holds a license for practicing target shooting.
Anyone who obtained a certificate of possession for an existing assault weapon before the bill's effective date for a weapon defined as an assault weapon by the bill is deemed to have obtained a certificate of possession for such assault weapon and must not be required to obtain a separate certificate of possession.
The bill contains exemptions for the newly added weapons as current law contains with regard to assault weapons. It allows the sale and possession of assault weapons to the DOC, DESPP, police departments, and Connecticut's and the U. S. military or naval forces for use in their official duties. It additionally allows sales to and possession by (a) employees of a Nuclear Regulatory Commission (NRC) licensee operating a nuclear power plant in Connecticut for the purpose of providing security or (b) any person, firm, corporation, contractor, or subcontractor providing security at the plant.
It allows possession by employees or members of these entities for official use. And it further specifies that it does not prohibit possession or use of assault weapons by sworn members of these agencies when on duty and within the scope of their duties.
As is the case with assault weapons for which a certificate of possession is issued under existing law, the bill allows the newly added weapons to be possessed or received, under defined circumstances, by:
1. executors or administrators of an estate that includes an assault weapon for which a certificate has been issued,
2. licensed gun dealers, and
Similarly, it allows for:
1. individuals to arrange to relinquish a weapon to a police department or DESPP;
2. temporary transfers or possession for certain out-of-state events; and
3. the weapons to be transported to or from a shooting competition or exhibition, display, or educational project about firearms sponsored, conducted by, approved, or under the auspices of a law enforcement agency or a national or state-recognized entity that fosters proficiency in firearms use or promotes firearms education
EFFECTIVE DATE: Upon passage
Around the center of the bill I found this regarding PREBAN ASSAULT WEAPONS
Under existing law, certain assault weapons defined by criteria, rather than specific name, are exempt from the state transfer restrictions and registration requirements if they were legally manufactured before September 13, 1994 (CGS § 53-202m).
The law also allows possession of certain specified assault weapon models under certain circumstances. A person may possess an Auto-Ordnance Thompson type, Avtomat Kalashnikov AK-47 type, MAC-10, MAC-11, or MAC11 Carbine type assault weapon if (1) it was obtained in good faith on or after October 1, 1993 and before May 8, 2002, (2) the possessor is not prohibited from possessing the weapon under any other law, and (3) the possessor notified DESPP before October 1, 2003 that he or she possessed the specific weapon (CGS § 53-202N).
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