raxafarian
Member
- Joined
- Jul 28, 2006
- Messages
- 41
The Public Safety Committee voted last month to draft a bill for this.
Here is what they came up with. If you read through it, Concealed Permit holders are exempt ...for now.
http://www.cga.ct.gov/2007/TOB/S/2007SB-00938-R01-SB.htm
Here is what they came up with. If you read through it, Concealed Permit holders are exempt ...for now.
http://www.cga.ct.gov/2007/TOB/S/2007SB-00938-R01-SB.htm
General Assembly
Committee Bill No. 938
January Session, 2007
LCO No. 5195
*05195SB00938PS_*
Referred to Committee on Public Safety and Security
Introduced by:
(PS )
AN ACT LIMITING THE PURCHASE OF HANDGUNS TO ONE PER MONTH.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 29-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):
(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.
(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, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (a) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f 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 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. The Commissioner of Public Safety shall not issue such an authorization number for the purchase of more than one pistol or revolver within any thirty-day period, except as provided in section 2 of this act. 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. 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, permit to sell at retail pistols or revolvers, issued pursuant to subsection (a) of said section, or eligibility certificate for a pistol or revolver, issued pursuant to section 29-36f, 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) 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. 2. (NEW) (Effective October 1, 2007) (a) On or after October 1, 2007, no person who is not a licensed firearms dealer shall purchase more than one handgun within any thirty-day period, except as provided in subsection (b) or (d) of this section. For the purposes of this section, "handgun" means a "pistol" or "revolver" as such terms are defined in section 29-27 of the general statutes.
(b) Purchases in excess of one handgun within a thirty-day period may be made upon completion of an enhanced background check, and a signed and sworn application to the Commissioner of Public Safety on a form prescribed by the commissioner listing the number and type of handguns to be purchased and transferred for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales and for similar purposes. Such application shall state the purpose for the purchase above the limit, and shall include satisfactory proof of residency and identity and shall be in addition to the application required under section 29-33 of the general statutes, as amended by this act. The Commissioner of Public Safety may adopt regulations, in accordance with chapter 54 of the general statutes, for the implementation of an application process for purchases of handguns above the limit.
(c) Upon being satisfied that the requirements of subsection (b) of this section have been met, the Commissioner of Public Safety shall issue to the applicant a nontransferable certificate, which shall be valid for seven days from the date of issue. The certificate shall be surrendered to the dealer by the prospective purchaser prior to the consummation of such sale and shall be kept on file at the dealer's place of business to be made available for any inspection by an authorized representative of the Department of Public Safety for a period of not less than two years after the date of sale. Upon request of any local law enforcement agency, the Commissioner of Public Safety may certify such local law enforcement agency to serve as its agent to receive applications and, upon authorization by the Commissioner of Public Safety, issue certificates pursuant to this subsection. The Commissioner of Public Safety shall make available to local law enforcement agencies all records concerning certificates issued pursuant to this subsection.
(d) The provisions of subsection (a) of this section shall not apply to: (1) A law enforcement agency; (2) an agency duly authorized to perform law enforcement duties; (3) state and local correctional facilities; (4) a private security company licensed to do business within the state; (5) the purchase of an antique handgun manufactured in or before 1898; (6) a person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately. Such person may purchase another handgun, even if the person has previously purchased a handgun within a thirty-day period, provided (A) the person provides the firearms dealer with a copy of the official police report or a summary thereof, on forms provided by the Commissioner of Public Safety, from the law enforcement agency that took the report of the lost or stolen handgun; (B) the official police report or summary thereof contains the name and address of the handgun owner, the description of the handgun, the location of the loss or theft, the date of the loss or theft, and the date the loss or theft was reported to the law enforcement agency; and (C) the date of the loss or theft as reflected on the official police report or summary thereof occurred within thirty days of the person's attempt to replace the handgun. The firearms dealer shall retain a copy of the official police report or summary thereof not less than two years after the date of sale; (7) a person who trades in a handgun at the same time such person makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day; (8) a person who holds a valid Connecticut permit to carry a concealed handgun; (9) a person who purchases a handgun in a private sale, where for the purposes of this subdivision, a private sale means purchase from a person who makes occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection of curios or relics, or who sells all or part of such collection of curios and relics; (10) a law enforcement officer; or (11) a person seeking the exchange or replacement of a handgun by a seller for a handgun purchased from such seller by the same person seeking the exchange or replacement within the thirty-day period immediately preceding the date of exchange or replacement.
(e) Any person who violates subsection (a) of this section shall be guilty of a Class A misdemeanor.
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2007
29-33
Sec. 2
October 1, 2007
New section
Statement of Purpose:
To reduce the number of illegal guns used in crimes by prohibiting the sale of more than one handgun a month.
[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.]
Co-Sponsors:
SEN. LOONEY, 11th Dist.; SEN. HARP, 10th Dist.
REP. KIRKLEY-BEY, 5th Dist.
S.B. 938
