General Assembly |
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January Session, 2013 |
*_____SB00710PS____032113____* |
AN ACT CONCERNING PERMITS FOR GUN SHOWS AND TO SELL LONG GUNS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 29-37g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) For the purposes of this section, (1) "gun show" means any event (A) at which fifty or more firearms are offered or exhibited for sale, transfer or exchange to the public and (B) at which two or more persons are exhibiting one or more firearms for sale, transfer or exchange to the public; [and] (2) "gun show promoter" means any person who organizes, plans, promotes or operates a gun show; and (3) "local authority" means the chief of police or, where there is no chief of police, the warden of the borough or the first selectman of the town.
(b) Not later than [thirty] sixty days before commencement of a gun show, the gun show promoter shall [notify the chief of police or, where there is no chief of police, the warden of the borough or the first selectman of the town in which the gun show is to take place of the date, time, duration and location of the gun show] apply to the local authority of the city, town or borough in which the gun show is to take place for a gun show permit. Such application shall be in the form and manner prescribed by the local authority and shall include the proposed date, time, duration and location of the gun show and any information the local authority deems necessary to determine the applicant's suitability to be a gun show promoter. The fee for a permit issued pursuant to this subsection shall be two hundred dollars. The local authority may issue a gun show permit to any applicant it determines is suitable to be a gun show promoter. If the local authority determines that the applicant is not suitable to be a gun show promoter, it shall notify the applicant of such decision in writing not later than thirty days after receiving the application. No fee or portion of any fee paid under the provisions of this subsection for a gun show permit shall be refundable, except if the permit for which the fee or portion was paid was not issued. No person shall operate a gun show without first obtaining a gun show permit from the local authority of the city, town or borough in which the gun show is to take place. Any gun show permit issued pursuant to this subsection shall be valid only for the gun show for which it is issued.
(c) No person, firm or corporation shall sell, deliver or otherwise transfer a firearm at a gun show until such person, firm or corporation has complied with the provisions of section 29-36l.
Sec. 2. (NEW) (Effective October 1, 2013) (a) No person who, in a calendar year, sells ten or more firearms, as defined in section 53a-3 of the general statutes, other than pistols or revolvers, or who is a federally licensed firearm dealer shall advertise, sell, deliver, or offer or expose for sale or delivery, or have in such person's possession with intent to sell or deliver, any such firearm at retail without having a permit therefor issued as provided in this subsection. 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, may, upon the application of any person, issue a permit in such form as may be prescribed by the Commissioner of Emergency Services and Public Protection for the sale at retail of firearms other than pistols and revolvers within the jurisdiction of the authority issuing such permit. No permit for the sale at retail of any such firearm shall be issued unless the applicant holds a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f of the general statutes or a valid state permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28 of the general statutes and the applicant submits documentation sufficient to establish that local zoning requirements have been met for the location where the sale is to take place, except that any person selling or exchanging a firearm other than a pistol or revolver for the enhancement of a personal collection or for a hobby or who sells all or part of such person's personal collection of such firearms shall not be required to submit such documentation for the location where the sale or exchange is to take place.
(b) Notwithstanding the provisions of sections 1-210 and 1-211 of the general statutes, the name and address of a person issued a permit to sell at retail firearms other than pistols and revolvers pursuant to subsection (a) of this section shall be confidential and shall not be disclosed, except (1) such information may be disclosed to law enforcement officials acting in the performance of their duties, including, but not limited to, employees of the United States Probation Office acting in the performance of their duties, and (2) such information may be disclosed to the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500 of the general statutes, as amended by this act.
(c) The fee for each permit originally issued under the provisions of subsection (a) of this section shall be two hundred dollars and for each renewal of such permit two hundred dollars. A permit issued pursuant to subsection (a) of this section shall expire five years after the date it becomes effective and each renewal of such permit shall expire five years after the expiration date of the permit being renewed.
(d) No sale of any firearm other than a pistol or revolver shall be made except in the room, store or place described in the permit for the sale of such firearms, and such permit or a copy thereof certified by the authority issuing the same shall be exposed to view within the room, store or place where such firearms are sold or offered or exposed for sale. No sale or delivery of any such firearm shall be made unless the purchaser or person to whom the same is to be delivered is personally known to the vendor of such firearm or the person making delivery thereof or unless the person making such purchase or to whom delivery thereof is to be made provides evidence of his or her identity. The vendor of any such firearm shall keep a record of each such firearm sold in a book kept for that purpose, which record shall be in such form as is prescribed by 27 CFR 478.125. The vendor of any such firearm shall make such record available for inspection upon the request of any sworn member of an organized local police department or the Division of State Police within the Department of Emergency Services and Public Protection or any investigator assigned to the state-wide firearms trafficking task force established under section 29-38e of the general statutes.
(e) Any person violating any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than three years, or both, and any firearm other than a pistol or revolver found in the possession of any person in violation of any provision of this section shall be forfeited.
Sec. 3. Section 17a-500 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) Each court of probate shall keep a record of the cases relating to persons with psychiatric disabilities coming before it under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, and the disposition of them. It shall also keep on file the original application and certificate of physicians required by said sections, or a microfilm duplicate of such records in accordance with regulations issued by the Probate Court Administrator. All records maintained in the courts of probate under the provisions of said sections shall be sealed and available only to the respondent or his or her counsel unless the Court of Probate, after hearing held with notice to the respondent, determines such records should be disclosed for cause shown.
(b) Notwithstanding the provisions of subsection (a) of this section, the Commissioner of Mental Health and Addiction Services, in accordance with section 17a-499, shall maintain information on commitment orders by a probate court and shall provide such information to the Commissioner of Emergency Services and Public Protection in fulfillment of his obligations under sections 29-28 to 29-38, inclusive, and section 53-202d and section 2 of this act, in such a manner as to report identifying information on the commitment status, including, but not limited to, name, address, sex, date of birth and date of commitment, for a person who applies for or holds a permit or certificate under said sections 29-28 to 29-38, inclusive, and section 53-202d and section 2 of this act. The Commissioner of Emergency Services and Public Protection shall maintain as confidential any such information provided to him and shall use such information only for purposes of fulfilling his obligations under sections 29-28 to 29-38, inclusive, and section 53-202d and section 2 of this act, except that nothing in this section shall prohibit said commissioner from entering such information into evidence at a hearing held in accordance with section 29-32b, as amended by this act.
(c) (1) The Commissioner of Mental Health and Addiction Services shall obtain from the Commissioner of Emergency Services and Public Protection the status of any firearm application, permit or certificate under sections 29-28 to 29-38, inclusive, and section 53-202d and section 2 of this act, of each person who is the subject of an order of commitment pursuant to section 17a-499, in such a manner so as to only receive a report on the firearm application, permit or certificate status of the person with respect to whom the inquiry is made.
(2) The Commissioner of Mental Health and Addiction Services shall report to the Commissioner of Emergency Services and Public Protection any commitment status and identifying information for any person who is an applicant for or holder of any permit or certificate under said sections 29-28 to 29-38, inclusive, and section 53-202d and section 2 of this act.
(3) The Commissioner of Mental Health and Addiction Services shall advise the hospital for psychiatric disabilities to which a person has been committed of the status of a firearm application, permit or certificate of such person under sections 29-28 to 29-38, inclusive, and section 53-202d and section 2 of this act, as reported by the Commissioner of Emergency Services and Public Protection for consideration by such hospital in any psychiatric treatment procedures.
(4) The Commissioner of Mental Health and Addiction Services and a hospital for psychiatric disabilities shall maintain as confidential any information provided to said commissioner or such hospital concerning the status of a firearm application, permit or certificate under sections 29-28 to 29-38, inclusive, and section 53-202d and section 2 of this act, of any person.
Sec. 4. Section 29-27 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
The term "pistol" and the term "revolver", as used in sections 29-28 to 29-38, inclusive, and section 2 of this act mean any firearm having a barrel less than twelve inches in length.
Sec. 5. Subsection (b) of section 29-32b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(b) Any person aggrieved by any refusal to issue or renew a permit or certificate under the provisions of section 29-28 or 29-36f or section 2 of this act, or by any limitation or revocation of a permit or certificate issued under any of said sections, or by a refusal or failure of any issuing authority to furnish an application as provided in section 29-28a, may, within ninety days after receipt of notice of such refusal, limitation or revocation, or refusal or failure to supply an application as provided in section 29-28a, and without prejudice to any other course of action open to such person in law or in equity, appeal to the board. On such appeal the board shall inquire into and determine the facts, de novo, and unless it finds that such a refusal, limitation or revocation, or such refusal or failure to supply an application, as the case may be, would be for just and proper cause, it shall order such permit or certificate to be issued, renewed or restored, or the limitation removed or modified, as the case may be. If the refusal was for failure to document compliance with local zoning requirements, under subsection (a) of section 29-28 or section 2 of this act, the board shall not issue a permit.
Sec. 6. Section 29-36m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
The Commissioner of Emergency Services and Public Protection shall adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of sections 18-81i, 29-27, as amended by this act, and 29-28, subsection (a) of section 29-30, section 29-32, subsection (b) of section 29-32b, as amended by this act, sections 29-33, 29-34 and 29-36f to 29-36l, inclusive, subsection (a) of section 29-37, subsections (a) and (b) of section 53-202d and section 53a-217c and section 2 of this act.
Sec. 7. Section 29-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The Commissioner of Emergency Services and Public Protection, in fulfilling his obligations under sections 29-28 to 29-38, inclusive, and section 53-202d and section 2 of this act, shall verify that any person who, on or after October 1, 1998, applies for or seeks renewal of a permit to sell at retail a pistol or revolver, a permit to sell at retail a firearm other than a pistol or revolver, a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver or a certificate of possession for an assault weapon has not been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, by making an inquiry to the Department of Mental Health and Addiction Services in such a manner so as to only receive a report on the commitment status of the person with respect to whom the inquiry is made including identifying information in accordance with the provisions of subsection (b) of section 17a-500, as amended by this act.
(b) If the Commissioner of Emergency Services and Public Protection determines pursuant to subsection (a) of this section that a person has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, said commissioner shall report the status of such person's application for or renewal of a permit to sell at retail a pistol or revolver, a permit to sell at retail a firearm other than a pistol or revolver, a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver or a certificate of possession for an assault weapon to the Commissioner of Mental Health and Addiction Services for the purpose of fulfilling his responsibilities under subsection (c) of section 17a-500, as amended by this act.
Sec. 8. Subsection (d) of section 53-202f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(d) The term "licensed gun dealer", as used in sections 29-37j and 53-202a to 53-202k, inclusive, and subsection (h) of section 53a-46a means a person who has a federal firearms license and a permit to sell firearms pursuant to section 29-28 or section 2 of this act.
Sec. 9. Subsection (b) of section 54-36e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(b) Firearms turned over to the state police pursuant to subsection (a) of this section which are not destroyed or retained for appropriate use shall be sold at public auctions, conducted by the Commissioner of Administrative Services or such commissioner's designee. Pistols and revolvers, as defined in section 53a-3, which are antiques, as defined in section 29-33, or curios or relics, as defined in the Code of Federal Regulations, Title 27, Chapter 1, Part 178, or modern pistols and revolvers which have a current retail value of one hundred dollars or more may be sold at such public auctions, provided such pistols and revolvers shall be sold only to persons who have a valid permit to sell a pistol or revolver, or a valid permit to carry a pistol or revolver, issued pursuant to section 29-28. Rifles and shotguns, as defined in section 53a-3, shall be sold only to persons who have a valid permit to sell a firearm other than a pistol or revolver, or persons qualified under federal law to purchase such rifles and shotguns. The proceeds of any such sale shall be paid to the State Treasurer and deposited by the State Treasurer in the forfeit firearms account within the General Fund.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2013 |
29-37g |
Sec. 2 |
October 1, 2013 |
New section |
Sec. 3 |
October 1, 2013 |
17a-500 |
Sec. 4 |
October 1, 2013 |
29-27 |
Sec. 5 |
October 1, 2013 |
29-32b(b) |
Sec. 6 |
October 1, 2013 |
29-36m |
Sec. 7 |
October 1, 2013 |
29-38b |
Sec. 8 |
October 1, 2013 |
53-202f(d) |
Sec. 9 |
October 1, 2013 |
54-36e(b) |
PS |
Joint Favorable Subst. |