Connecticut: Act now...

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2bigfeet

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"Lost and Stolen" Gun Bill Still Pending in Connecticut House!

Friday, June 01, 2007

Legislative Session Winding Down – URGENT ACTION NEEDED!


As anticipated, on Wednesday, May 23, the State Senate amended a modified version of Senate Bill 903, "Lost or Stolen Firearms," into Senate Bill 938, and approved the bill by a vote of 24-11. As amended, SB903 would make it a crime to fail to report the loss or theft of a firearm to police within 72 hours of when you "discover or should have discovered" it missing.

According to the measure, when a law-abiding citizen reports the loss or theft of a handgun to police, it would immediately trigger an investigation into the whether the owner "should have discovered" the missing gun and expose the owner to criminal prosecution. As amended the bill now applies only to handguns, but police and prosecutors will retain total discretion to decide what a person "should have discovered." The problems for law-abiding gun owners who run afoul of this proposed law would be compounded if multiple guns are stolen -- as a victim now could fit the definition of a "gun trafficker" according to the language in this bill! This measure now heads to the State House for consideration.

Please call your State Representative TODAY at (860) 240-0400 and urge him or her to OPPOSE SB 938. Let your Representative know that this bill will only make criminals out of crime victims!

Also... politely let them know that they should not replicate Senate's lack of respect for the legislative process in circumventing the committee system and reviving a bill that lacked the support to make out of the Public Safety Committee.
 
It's passed both chambers, and is headed for the Governer. Phone # to her office is: 800-406-1527. Ask for a veto of S.B. 938 :barf:
 
It replaced the text of SB 938 "An act limiting the purchase of handguns to one per month" This bill was passed.

SB 938 no longer attempts to limit the purchase of one handgun per month, instead it creates the crime of gun trafficking, makes it a crime to fail to report a lost or stolen gun within 72 hours of when you discovered, or should have discovered, it missing.

The first section essentially just extends the law that already existed for assault rifles for failure to report lost or stolen "assault weapons" and applies it to all firearms.

The first time you fail to report it, you receive a fine of $90. Each time after that is a Class D felony, except if it is found to be intentional, in which case it becomes a Class C felony. For a first offense, you cannot lose your rights to own or obtain any firearm permit.
 
For a first offense, you cannot lose your rights to own or obtain any firearm permit.
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Click to expand...
Au Contrair. I have a good feeling that many police chiefs would use a conviction under that statute (if signed) to revoke or deny a person a PCPR under the suitable person clause.
 
I believe the law specifically states that a first time offender does not lose his/her rights to obtain or hold any gun permit that can be issued by the state.

I will verify that shortly.
 
Section. 1. [...snip...]

(b) Any person who fails to make a report required by subsection (a) of this section within the prescribed time period shall commit an infraction and be fined not more than ninety dollars for a first offense and be guilty of a class D felony for any subsequent offense, except that, if such person intentionally fails to make such report within the prescribed time period, such person shall be guilty of a class C felony. Any person who violates subsection (a) of this section for the first offense shall not lose such person's right to hold or obtain any firearm permit under the general statutes.
Click to expand...

Verified.
 
The fact of the matter is, it is not a specifically disabeling factor, like say a conviction for a felony or one of several misdomeanors that are prohibitors in CT, but there is a (strong) possibility that a CLEO could use the "not a suitable person clause". As long as a denial or revocation is not arbitrary and capacious, he can use almost anything.
From:
http://www.ralphdsherman.com/LegalOpinion/How to store guns - What the law requires.htm
This type of unlawful storage is considered a misdemeanor and carries a maximum penalty of $100 per firearm. A conviction could also cause the revocation of your pistol permit on the basis that you are not "a suitable person" to hold a pistol permit.
Click to expand...

Here's a really good article atty. sherman wrote about the suitability requirement.
http://www.ralphdsherman.com/LegalOpinion/Last word on suitability.htm

From:
http://www.ralphdsherman.com/LegalOpinion/Dealers need eligibility certificates.htm
A recent case illustrates the point. Because of a minor incident in which no one was arrested, a Connecticut gun dealer had his pistol permit revoked by the state police, who claimed that the incident shows he is not a "suitable" person. The revocation undermined his retail-sale permit, closing his handgun business. If he had an eligibility certificate (in addition to the pistol permit), he could have relied on that to keep his retail-sale permit. Without an arrest and a conviction, the eligibility certificate could not have been revoked, and the business would have stayed open.
Click to expand...
 
If you "intentionally" (however some local official decides to interpet and enforce that) do not report the loss it is a Class C felony. Remember, ignorance of a law is not a defense.

If a class C carries a possible sentence of more than a year then you would be prohibited from ever owning a gun under the GCA.

Sorry for butting in - I'll go back home now.
 
The proposed law does not specify whether the "first offense" portion applies to intentional failure to report or not. I think it could be successfully argued either way. Generally however, I think a CT court would determine that "first offense" provision is not intended to shield people who intentionally break the law.

Also, the law never says that "offenders" must be issued gun permits even if they break this law. It simply says that an initial failure to report a firearm being lost or stolen can not be grounds for denying a permit. This means that all other normal restrictions apply, and I was never trying to say otherwise.

As always, IANAL.

I think we should stop putting emphasis on what it says, and work on getting the Governor to veto it. (Yes I know I'm guilty too :p)
 
The CT Gen. Assem. has the bill listed as Public Act 07-163, but the Governor's Website does not list it as having been signed into law yet.

Anyone know if she's signed it yet, or if it's just been assigned a number?
 
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