This is Substitute language adopted at the Judiciary Committee meeting Dealine on March 27. As this bill progresses, it impacts more on the legitimate gunowner. Changes adopted in the substitute in Sec 1 and in Sec 29-33 subsection (i) 2 (near end) [deleted] are underlined and in blue. Otherwise the bill is the same. NOTE the word FIREARM which will affect ALL gunowners.
   
General Assembly
   Proposed Substitute

Bill No. 5818

February Session, 2006
   
   

Referred to Committee on Judiciary
   
Introduced by:
   
(JUD)
   


AN ACT CONCERNING LOST OR STOLEN FIREARMS.

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

Section 1. (NEW) (Effective October 1, 2006) Whenever a person who possesses a firearm, as defined in section 53a-3 of the general statutes, does not have actual physical possession of such firearm, such person shall store or keep such firearm in such a manner as to ensure that there is not a substantial and unjustifiable risk that such firearm will be stolen or otherwise come into the possession of another person without authorization. Such risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

     (b) Any person who violates subsection (a) of this section and such firearm is seized or recovered by a law enforcement agency while not in the possession of such person shall be guilty of a class A misdemeanor.

Sec. 2. (NEW) (Effective October 1, 2006) (a) Any person who possesses a firearm, as defined in section 53a-3 of the general statutes, that is stolen from such person or that such person loses shall report such theft or loss to the organized local police department for the town in which the theft or loss occurred or, if such town does not have an organized local police department, to the state police troop having jurisdiction for such town, not later than seventy-two hours after such person knew or should have known of such theft or loss. Such department or troop shall forthwith forward a copy of such report to the Commissioner of Public Safety.

(b) Any person who fails to make a report required by subsection (a) of this section within the prescribed time period shall be fined not more than five hundred dollars, except that, if such person intentionally fails to make such report within the prescribed time period, such person shall be guilty of a class A misdemeanor for the first offense and a class D felony for any subsequent offense.

Sec. 3. Section 29-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) No person, firm or corporation shall sell, deliver or otherwise transfer any pistol or revolver to any person who is prohibited from possessing a pistol or revolver as provided in section 53a-217c, as amended.

(b) On and after October 1, 1995, no person may purchase or receive any pistol or revolver unless such person holds a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, as amended, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (a) of section 29-28, as amended, or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f, as amended, or is a federal marshal, parole officer or peace officer.

(c) No person, firm or corporation shall sell, deliver or otherwise transfer any pistol or revolver except upon written application on a form prescribed and furnished by the Commissioner of Public Safety. Such person, firm or corporation shall insure that all questions on the application are answered properly prior to releasing the pistol or revolver and shall retain the application, which shall be attached to the federal sale or transfer document, for at least twenty years or until such vendor goes out of business. Such application shall be available for inspection during normal business hours by law enforcement officials. No sale, delivery or other transfer of any pistol or revolver shall be made unless the person making the purchase or to whom the same is delivered or transferred is personally known to the person selling such pistol or revolver or making delivery or transfer thereof or provides evidence of his identity in the form of a motor vehicle operator's license, identity card issued pursuant to section 1-1h, as amended, or valid passport. No sale, delivery or other transfer of any pistol or revolver shall be made until the person, firm or corporation making such transfer obtains an authorization number from the Commissioner of Public Safety. Said commissioner shall perform the national instant criminal background check and make a reasonable effort to determine whether there is any reason that would prohibit such applicant from possessing a pistol or revolver as provided in section 53a-217c, as amended. If the commissioner determines the existence of such a reason, the commissioner shall deny the sale and no pistol or revolver shall be sold, delivered or otherwise transferred by such person, firm or corporation to such applicant.

(d) No person, firm or corporation shall sell, deliver or otherwise transfer any pistol or revolver, other than at wholesale, unless such pistol or revolver is equipped with a reusable trigger lock, gun lock or gun locking device appropriate for such pistol or revolver, which lock or device shall be constructed of material sufficiently strong to prevent it from being easily disabled and have a locking mechanism accessible by key or by electronic or other mechanical accessory specific to such lock or device to prevent unauthorized removal. No pistol or revolver shall be loaded or contain therein any gunpowder or other explosive or any bullet, ball or shell when such pistol or revolver is sold, delivered or otherwise transferred.

(e) Upon the sale, delivery or other transfer of any pistol or revolver, the person making the purchase or to whom the same is delivered or transferred shall sign a receipt for such pistol or revolver which shall contain the name and address of such person, the date of sale, the caliber, make, model and manufacturer's number and a general description of such pistol or revolver, the identification number of such person's permit to carry pistols or revolvers, issued pursuant to subsection (b) of section 29-28, as amended, permit to sell at retail pistols or revolvers, issued pursuant to subsection (a) of said section 29-28, or eligibility certificate for a pistol or revolver, issued pursuant to section 29-36f, as amended, if any, and the authorization number designated for the transfer by the Department of Public Safety. The person, firm or corporation selling such pistol or revolver or making delivery or transfer thereof shall give one copy of the receipt to the person making the purchase of such pistol or revolver or to whom the same is delivered or transferred, shall retain one copy of the receipt for at least five years, and shall send, by first class mail, or electronically transmit, within forty-eight hours of such sale, delivery or other transfer, one copy of the receipt to the Commissioner of Public Safety and one copy of the receipt to the chief of police or, where there is no chief of police, the warden of the borough or the first selectman of the town, as the case may be, of the town in which the transferee resides.

(f) The provisions of this section shall not apply to antique pistols or revolvers. An antique pistol or revolver, for the purposes of this section, means any pistol or revolver which was manufactured in or before 1898 and any replica of such pistol or revolver provided such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition except rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and not readily available in the ordinary channel of commercial trade.

(g) The provisions of this section shall not apply to the sale, delivery or transfer of pistols or revolvers between (1) a federally-licensed firearm manufacturer and a federally-licensed firearm dealer, (2) a federally-licensed firearm importer and a federally-licensed firearm dealer, or (3) federally-licensed firearm dealers.

(h) If the court finds that a violation of this section is not of a serious nature and that the person charged with such violation (1) will probably not offend in the future, (2) has not previously been convicted of a violation of this section, and (3) has not previously had a prosecution under this section suspended pursuant to this subsection, it may order suspension of prosecution. The court shall not order suspension of prosecution unless the accused person has acknowledged that he understands the consequences of the suspension of prosecution. Any person for whom prosecution is suspended shall agree to the tolling of any statute of limitations with respect to such violation and to a waiver of his right to a speedy trial. Such person shall appear in court and shall be released to the custody of the Court Support Services Division for such period, not exceeding two years, and under such conditions as the court shall order. If the person refuses to accept, or, having accepted, violates such conditions, the court shall terminate the suspension of prosecution and the case shall be brought to trial. If such person satisfactorily completes his period of probation, he may apply for dismissal of the charges against him and the court, on finding such satisfactory completion, shall dismiss such charges. If the person does not apply for dismissal of the charges against him after satisfactorily completing his period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the person satisfactorily completed his period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a. An order of the court denying a motion to dismiss the charges against a person who has completed his period of probation or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

(i) (1) In any prosecution for a violation of subsection (c) of this section, evidence that a law enforcement agency seized or recovered a pistol or revolver that was not in the possession of the owner thereof at the time of such seizure or recovery shall be prima facie evidence that such owner sold, delivered or transferred such pistol or revolver in violation of the provisions of this section.

(2) In any prosecution for a violation of subsection (c) of this section, it shall be an affirmative defense that the defendant [ (A) did not act with criminal negligence in storing or keeping the pistol or revolver, or (B) ] reported the theft or loss of the pistol or revolver to the organized local police department for the town in which the theft or loss occurred or, if such town does not have an organized local police department, to the state police troop having jurisdiction for such town prior to the seizure or recovery of such pistol or revolver by a law enforcement agency.

[(i)] (j) Any person who violates any provision of this section shall be guilty of a class D felony, except that any person who sells, delivers or otherwise transfers a pistol or revolver in violation of the provisions of this section, knowing that such pistol or revolver is stolen or that the manufacturer's number or other mark of identification on such pistol or revolver has been altered, removed or obliterated, shall be guilty of a class B felony, and any pistol or revolver found in the possession of any person in violation of any provision of this section shall be forfeited.

Sec. 4. Section 53-202g of the general statutes is repealed. (Effective October 1, 2006)

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

Section 1
October 1, 2006
New section

Sec. 2
October 1, 2006
New section

Sec. 3
October 1, 2006
29-33

Sec. 4
October 1, 2006
Repealer section



Statement of Purpose:

To require that when a firearm is not in the actual physical possession of the owner it be stored or kept in a manner so as to reduce the risk that it will be stolen or otherwise come into the possession of another person, require the reporting of the loss or theft of a firearm to a law enforcement agency and provide that evidence that a pistol or revolver was found not in the possession of the owner thereof is prima facie evidence that the owner had transferred such pistol or revolver without proper application and authorization.

[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.]