Chapter 529 - Division of State Police

Sec. 29-4. State police force. Appointment of officers. Divisions, units and task forces. Personnel actions. Recommended standards re staffing level. (a) On and after June 15, 2012, and until July 1, 2013, the Commissioner of Emergency Services and Public Protection shall appoint and maintain a sufficient number of sworn state police personnel to efficiently maintain the operation of the Division of State Police as determined by the commissioner in the commissioner's judgment. On and after July 1, 2013, the commissioner shall appoint and maintain a sufficient number of sworn state police personnel to efficiently maintain the operation of the division as determined by the commissioner in accordance with the recommended standards developed pursuant to subsection (f) of this section. Any sworn state police personnel appointed by the commissioner on or after July 31, 2020, shall be certified by the Police Officer Standards and Training Council under section 7-294d within one year of appointment.

(b) On or before February first of each odd-numbered year, the commissioner shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to public safety and appropriations and the budgets of state agencies, in accordance with section 11-4a, providing an assessment of the number of sworn state police personnel necessary to perform division operations for the biennium beginning July first of that year. If such report recommends a staffing level of less than one thousand two hundred forty-eight sworn state police personnel, the commissioner shall include in such report an assessment of the impact to public safety and any potential negative impact specifically attributable to such deviation in staffing level.

(c) The commissioner shall appoint from among sworn state police personnel not more than three lieutenant colonels who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of lieutenant colonel in the unclassified service may return to the classified service at such employee's former rank. The commissioner shall appoint not more than twelve majors who shall be in the classified service. The position of major in the unclassified service shall be abolished on July 1, 2011. Any permanent employee in the classified service who accepts appointment to the position of major in the unclassified service prior to July 1, 2011, may return to the classified service at such permanent employee's former rank. The commissioner, subject to the provisions of chapter 67, shall appoint such numbers of captains, lieutenants, sergeants, detectives and corporals as the commissioner deems necessary to officer efficiently the state police force.

(d) The commissioner shall establish such divisions as the commissioner deems necessary for effective operation of the state police force and consistent with budgetary allotments, a Criminal Intelligence Division and a state-wide organized crime investigative task force to be engaged throughout the state for the purpose of preventing and detecting any violation of the criminal law, a Hate Crimes Investigative Unit for the purposes described in section 29-7d and, for the fiscal years ending June 30, 2025, and June 30, 2026, an investigative unit within the Internet Crimes Against Children Task Force, to conduct sting operations relating to the online sexual abuse of minors for the purposes described in section 29-7e. The head of the Criminal Intelligence Division shall be of the rank of sergeant or above. The head of the Hate Crimes Investigative Unit shall be of the rank of sergeant or above, and shall serve as a member of the State-Wide Hate Crimes Advisory Council, established under section 51-279f. The head of the state-wide organized crime investigative task force shall be a police officer. The head of the Internet Crimes Against Children Task Force, including the investigative unit conducting sting operations relating to the online sexual abuse of minors, shall be of the rank of sergeant or above.

(e) Salaries of the members of the Division of State Police within the Department of Emergency Services and Public Protection shall be fixed by the Commissioner of Administrative Services as provided in section 4-40. State police personnel may be promoted, demoted, suspended or removed by the commissioner, but no final dismissal from the service shall be ordered until a hearing has been had before the Commissioner of Emergency Services and Public Protection on charges preferred against such officer. Each state police officer shall, before entering upon such officer's duties, be sworn to the faithful performance of such duties. The Commissioner of Emergency Services and Public Protection shall designate an adequate patrol force for motor patrol work exclusively.

(f) The Legislative Program Review and Investigations Committee shall conduct a study to develop recommended standards for use by the Commissioner of Emergency Services and Public Protection in determining the commissioner's proposed level of staffing for the Division of State Police for purposes of the biennial budget. The committee, in developing such recommended standards, shall consider the following: Technological improvements, federal mandates and funding, statistical data on rates and types of criminal activity, staffing of patrol positions, staffing of positions within the division and department that do not require the exercise of police powers, changes in municipal police policy and staffing and such other criteria as the committee deems relevant. On or before January 9, 2013, the committee shall report such recommended standards to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and shall forward a copy thereof to the Commissioner of Emergency Services and Public Protection.

(1949 Rev., S. 3643; 1953, June, 1955, S. 1986d; 1957, P.A. 431, S. 1; 1961, P.A. 565, S. 1; 1963, P.A. 633, S. 2; February, 1965, P.A. 250; 290, S. 1; 1967, P.A. 127, S. 1; 440; 527; 1969, P.A. 587, S. 1; 1972, S.A. 53, S. 13; P.A. 73-374, S. 1, 2; 73-592, S. 1, 15; P.A. 77-614, S. 67, 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-201, S. 1, 4; P.A. 90-337, S. 2, 8; P.A. 92-130, S. 3, 10; P.A. 98-151; P.A. 99-163, S. 1, 9; June 30 Sp. Sess. P.A. 03-6, S. 174; P.A. 06-151, S. 4; P.A. 09-2, S. 4; June Sp. Sess. P.A. 09-3, S. 66; P.A. 10-3, S. 18; P.A. 11-48, S. 21; 11-51, S. 167; June 12 Sp. Sess. P.A. 12-1, S. 243; P.A. 13-247, S. 375; July Sp. Sess. P.A. 20-1, S. 1; P.A. 22-9, S. 1; P.A. 23-204, S. 326.)

History: 1961 act provided for appointment of additional major in accordance with Sec. 29-58; 1963 act increased number of state policemen to be appointed from 450 to 500; 1965 acts authorized appointment of additional major from the detective division and increased number of policemen to be appointed to 590; 1967 acts authorized creation of criminal intelligence division, required that lieutenant colonel be appointed as executive officer, authorized appointment of corporals, increased number of policemen to be appointed to 665 and specified that a captain will head the criminal intelligence division; 1969 act increased number of policemen to be appointed to 765; 1972 act increased number of policemen to be appointed to 810 men; P.A. 73-374 replaced specific number of appointees with requirement that an adequate number be appointed to efficiently maintain department's operation, similarly replaced listing of required divisions and required numbers of police for motor patrol work with more general statements, deleted references to appointment of “detective sergeants”, to specific majors, i.e. one appointed in accordance with Sec. 29-58 and one from detective division, and to motion picture inspectors and replaced references to policemen and policewomen with references to police personnel and officers; P.A. 73-592 reestablished criminal intelligence division, established state-wide organized crime investigative task force and specified who is qualified to head the division and task force; P.A. 77-614 and P.A. 78-303 replaced personnel policy board with commissioner of administrative services and, effective January 1, 1979, made state police department a division within the department of public safety and replaced state police commissioner with commissioner of public safety; P.A. 82-201 removed reference to appointment of task force head in accordance with Sec. 29-165, that section having been repealed by the same act; P.A. 90-337 required commissioner to appoint not more than two lieutenant colonels in unclassified service; permitted such lieutenant colonels to return to former rank in classified service; abolished position of lieutenant colonel in classified service on April 1, 1991, and required head of state-wide organized crime investigative task force to be police officer; P.A. 92-130 authorized commissioner to appoint a deputy state fire marshal in unclassified service and permitted such official to return to classified service at his former rank, class or grade, deleting provision authorizing commissioner to detail an officer as deputy fire marshal; P.A. 98-151 required the commissioner to appoint and maintain a minimum of 1,248 sworn state police personnel by July 1, 2001; P.A. 99-163 deleted obsolete provision re abolition of position of lieutenant colonel, abolished the position of major in the classified service, and required the commissioner to appoint eight majors, who shall be in the unclassified service, effective July 1, 1999; June 30 Sp. Sess. P.A. 03-6 replaced “By July 1, 2001” with “On and after January 1, 2006” re minimum number of sworn personnel, effective August 20, 2003; P.A. 06-151 increased the number of permitted appointed lieutenant colonels from two to three and decreased the number of permitted appointed majors from eight to seven; P.A. 09-2 deleted provision re subsistence and expense reimbursement and eliminated meal allowance for personnel “not covered by a collective bargaining agreement that requires such allowance”, effective April 1, 2009; June Sp. Sess. P.A. 09-3 replaced provision eliminating meal allowance for employees not covered by collective bargaining agreement with provision requiring meal allowance for state police personnel at the expense of the state, effective September 9, 2009; P.A. 10-3 eliminated provision requiring meal allowance for state police personnel at expense of the state, effective July 1, 2010; P.A. 11-48 returned position of major to the classified service, abolished unclassified position of major on July 1, 2011, and increased number of majors commissioner may appoint from not more than 7 to not more than 12, effective July 1, 2011; P.A. 11-51 replaced references to Commissioner and Department of Public Safety with references to Commissioner and Department of Emergency Services and Public Protection, deleted provisions re appointment of Deputy State Fire Marshal, and made technical changes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 designated existing provisions as Subsecs. (a), (c), (d) and (e), amended Subsec. (a) to replace provision requiring commissioner to appoint and maintain a minimum of 1,248 sworn state police personnel with provisions requiring commissioner, on and after June 15, 2012, and until July 1, 2013, to appoint and maintain a sufficient number of sworn state police personnel to efficiently maintain operation of division and, on and after July 1, 2013, to appoint and maintain such sufficient number of sworn state police personnel in accordance with recommended standards, added Subsec. (b) re report of commissioner re assessment of number of sworn state police personnel necessary to perform division operations for next biennium and assessment of public safety and potential negative impact of recommended staffing level, amended Subsec. (c) to make a technical change and added Subsec. (f) re development of recommended standards for determining proposed staffing level, effective June 15, 2012; P.A. 13-247 amended Subsec. (e) to specify that Commissioner of Emergency Services and Public Protection hold hearing prior to final dismissal, effective July 1, 2013; July Sp. Sess. P.A. 20-1 amended Subsec. (a) to add certification requirement, effective July 31, 2020; P.A. 22-9 amended Subsec. (d) to add provisions re Hate Crimes Investigative Unit, effective July 1, 2022; P.A. 23-204 amended Subsec. (d) by adding provisions re investigative unit within Internet Crimes Against Children Task Force to conduct sting operations relating to online sexual abuse of minors, effective July 1, 2023.

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Sec. 29-6d. Use of body-worn recording equipment and dashboard cameras. When recording prohibited. Retention of data. (a) For purposes of this section and section 7-277b:

(1) “Law enforcement unit” has the same meaning as provided in section 7-294a;

(2) “Police officer” means a sworn member of a law enforcement unit or any member of a law enforcement unit who performs police duties;

(3) “Body-worn recording equipment” means an electronic recording device that is capable of recording audio and video;

(4) “Dashboard camera” means a dashboard camera with a remote recorder, as defined in section 7-277b;

(5) “Digital data storage device or service” means a device or service that retains the data from the recordings made by body-worn recording equipment using computer data storage; and

(6) “Police patrol vehicle” means any state or local police vehicle other than an administrative vehicle in which an occupant is wearing body-worn camera equipment, a bicycle, a motor scooter, an all-terrain vehicle, an electric personal assistive mobility device, as defined in subsection (a) of section 14-289h, or an animal control vehicle.

(b) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly evaluate and approve the minimal technical specifications of body-worn recording equipment that shall be worn by police officers pursuant to this section, dashboard cameras that shall be used in each police patrol vehicle and digital data storage devices or services that shall be used by a law enforcement unit to retain the data from the recordings made by such equipment. The commissioner and council shall make such minimal technical specifications available to each law enforcement unit in a manner determined by the commissioner and council. The commissioner and council may revise the minimal technical specifications when the commissioner and council determine that revisions to such specifications are necessary.

(c) (1) Each police officer shall use body-worn recording equipment while interacting with the public in such sworn member's law enforcement capacity, except as provided in subsection (g) of this section, or in the case of a municipal police department, in accordance with the department's policy adopted by the department and based on guidelines maintained pursuant to subsection (j) of this section, concerning the use of body-worn recording equipment.

(2) Each police officer shall wear body-worn recording equipment on such officer's outer-most garment and shall position such equipment above the midline of such officer's torso when using such equipment.

(3) Body-worn recording equipment used pursuant to this section shall conform to the minimal technical specifications approved pursuant to subsection (b) of this section, except that a police officer may use body-worn recording equipment that does not conform to the minimal technical specifications approved pursuant to subsection (b) of this section, if such equipment was purchased prior to January 1, 2016, by the law enforcement unit employing such officer.

(4) Each law enforcement unit shall require usage of a dashboard camera in each police patrol vehicle used by any police officer employed by such unit in accordance with the unit's policy adopted by the unit and based on guidelines maintained pursuant to subsection (j) of this section, concerning dashboard cameras.

(d) Except as required by state or federal law, no person employed by a law enforcement unit shall edit, erase, copy, share or otherwise alter or distribute in any manner any recording made by body-worn recording equipment or a dashboard camera or the data from such recording.

(e) A police officer may review a recording from his or her body-worn recording equipment or a dashboard camera in order to assist such officer with the preparation of a report or otherwise in the performance of his or her duties.

(f) (1) If a police officer is giving a formal statement about the use of force or if a police officer is the subject of a disciplinary investigation in which a recording from body-worn recording equipment or a dashboard camera is being considered as part of a review of an incident, the officer shall have the right to review (A) such recording in the presence of the officer's attorney or labor representative, and (B) recordings from other body-worn recording equipment capturing the officer's image or voice during the incident. Not later than forty-eight hours following an officer's review of a recording under subparagraph (A) of this subdivision, or if the officer does not review the recording, not later than ninety-six hours following the initiation of such disciplinary investigation, whichever is earlier, such recording shall be disclosed, upon request, to the public, subject to the provisions of subsection (g) of this section. Public disclosure may be delayed if the officer, due to a medical or physical response or an acute psychological stress response to the incident, is not reasonably able to review a recording under this subdivision, but in no event shall disclosure be delayed more than one hundred forty-four hours following the recorded event.

(2) If a request is made for public disclosure of a recording from body-worn recording equipment or a dashboard camera of an incident about which (A) a police officer has not been asked to give a formal statement about the alleged use of force, or (B) a disciplinary investigation has not been initiated, any police officer whose image or voice is captured on the recording shall have the right to review such recording in the presence of the officer's attorney or labor representative. Not later than forty-eight hours following an officer's review of a recording under this subdivision, or if the officer does not review the recording, not later than ninety-six hours following the request for disclosure, whichever is earlier, such recording shall be disclosed to the public, subject to the provisions of subsection (g) of this section. Public disclosure may be delayed if the officer, due to a medical or physical response or an acute psychological stress response to the incident, is not reasonably able to review a recording under this subdivision, but in no event shall disclosure be delayed more than one hundred forty-four hours following the recorded event.

(g) (1) Except as otherwise provided by any agreement between a law enforcement unit and the federal government, no police officer shall use body-worn recording equipment or a dashboard camera, if applicable, to intentionally record (A) a communication with other law enforcement unit personnel, except that which may be recorded as the officer performs his or her duties, (B) an encounter with an undercover officer or informant or an officer performing detective work described in guidelines developed pursuant to subsection (j) of this section, (C) when an officer is on break or is otherwise engaged in a personal activity, (D) a person undergoing a medical or psychological evaluation, procedure or treatment, (E) any person other than a suspect to a crime if an officer is wearing such equipment in a hospital or other medical facility setting, or (F) in a mental health facility, unless responding to a call involving a suspect to a crime who is thought to be present in the facility.

(2) No record created using body-worn recording equipment or a dashboard camera of (A) an occurrence or situation described in subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, (B) a scene of an incident that involves (i) a victim of domestic or sexual abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an accident, if disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy in the case of any such victim described in this subparagraph, or (C) a minor, shall be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, and any such record shall be confidential, except that a record of a minor shall be disclosed if (i) the minor and the parent or guardian of such minor consent to the disclosure of such record, (ii) a police officer is the subject of an allegation of misconduct made by such minor or the parent or guardian of such minor, and the person representing such officer in an investigation of such alleged misconduct requests disclosure of such record for the sole purpose of preparing a defense to such allegation, or (iii) a person is charged with a crime and defense counsel for such person requests disclosure of such record for the sole purpose of assisting in such person's defense and the discovery of such record as evidence is otherwise discoverable.

(h) No police officer shall use body-worn recording equipment prior to being trained in accordance with section 7-294s in the use of such equipment and in the retention of data created by such equipment. A law enforcement unit shall ensure that each police officer such unit employs receives such training at least annually and is trained on the proper care and maintenance of such equipment.

(i) If a police officer is aware that any body-worn recording equipment or dashboard camera is lost, damaged or malfunctioning, such officer shall inform such officer's supervisor in writing as soon as is practicable. Upon receiving such information, the supervisor shall ensure that the body-worn recording equipment or dashboard camera is inspected and repaired or replaced, as necessary. Each police officer shall inspect and test body-worn recording equipment prior to each shift to verify proper functioning, and shall notify such officer's supervisor of any problems with such equipment.

(j) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly maintain guidelines pertaining to the use of body-worn recording equipment and dashboard cameras, including the type of detective work an officer might engage in that should not be recorded, retention of data created by such equipment and dashboard cameras and methods for safe and secure storage of such data. The guidelines shall not require a law enforcement unit to store such data for a period longer than one year, except in the case where the unit knows the data is pertinent to any ongoing civil, criminal or administrative matter. Each law enforcement unit and any police officer and any other employee of such unit who may have access to such data shall adhere to such guidelines. The commissioner and council may update and reissue such guidelines, as the commissioner and council determine necessary. The commissioner and council shall, upon issuance of such guidelines or any update to such guidelines, submit such guidelines in accordance with the provisions of section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.

(k) (1) Not later than October 1, 2023, the Police Officer Standards and Training Council, in consultation with the Institute for Municipal and Regional Policy at The University of Connecticut, shall prescribe a form to be used by law enforcement units to report each unit's compliance with the provisions of subsection (c) of this section. Such form shall require the compilation of information including, but not limited to, (A) the number of body-worn recording devices in operation in a law enforcement unit, (B) the number of dashboard cameras in operation in a law enforcement unit, (C) the number of police patrol vehicles not equipped with a dashboard camera in a law enforcement unit and the reasons such vehicles are not so equipped, (D) information regarding any incidents in which a police officer of a law enforcement unit was found in an internal investigation conducted by such unit to have violated such unit's policy regarding the use of body-worn recording equipment or dashboard cameras, and (E) any other information deemed necessary.

(2) Not later than January 1, 2024, and annually thereafter, each law enforcement unit shall submit a report on the form prescribed pursuant to subdivision (1) of this subsection concerning the unit's compliance with the provisions of subsection (c) of this section to the Institute for Municipal and Regional Policy at The University of Connecticut. The institute shall post such reports on the institute's Internet web site.

(3) Not later than July 1, 2024, and annually thereafter, the Institute for Municipal and Regional Policy at The University of Connecticut shall, within available appropriations, review the reports submitted pursuant to subdivision (2) of this subsection, and report the results of such review and any recommendations as a result of such review to the Governor, the Police Officer Standards and Training Council, the Criminal Justice Policy and Planning Division within the Office of Policy and Management and, in accordance with the provisions of section 11-4a, the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety and security.

(June Sp. Sess. P.A. 15-4, S. 7; P.A. 16-33, S. 1; P.A. 17-225, S. 3, 4; P.A. 19-11, S. 2; 19-90, S. 2; July Sp. Sess. P.A. 20-1, S. 19; P.A. 21-33, S. 2, 3; 21-40, S. 26; P.A. 23-47, S. 8; 23-204, S. 58.)

History: June Sp. Sess. P.A. 15-4 effective July 6, 2015; P.A. 16-33 amended Subsec. (g) by designating existing provisions re police officer using body-worn recording equipment to intentionally record as new Subdiv. (1) and amending same by redesignating existing Subdivs. (1) to (6) as Subparas. (A) to (F), and by designating existing provisions re record created using body-worn recording equipment as new Subdiv. (2) and amending same by adding provision re disclosure constituting unwarranted invasion of personal privacy, adding Subpara. (C) re minor, adding provisions re confidentiality and disclosure and making technical and conforming changes, effective May 26, 2016; P.A. 17-225 amended Subsec. (c)(1) to add provision re municipal police department policy, amended Subsec. (j) to delete reference to January 1, 2016, and replace “issue” with “maintain” re guidelines, and further amended Subsecs. (c)(1) and (j) to make technical changes; P.A. 19-11 amended Subsec. (c) by replacing “2016” with “2019”, adding references to Sec. 7-277(b)(1)(B) and (D), deleting reference to Sec. 7-277(b)(1)(C) and making a conforming change in Subdiv. (1), effective July 1, 2019; P.A. 19-90 amended Subsec. (f) by adding reference to dashboard camera with remote recorder and adding provision re disclosure of recording to the public; July Sp. Sess. P.A. 20-1 amended Subsec. (a) by deleting former Subdiv. (1), adding new Subdiv. (1) defining “law enforcement unit”, redefining “police officer” in Subdiv. (2), adding new Subdiv. (4) defining “dashboard camera”, redesignating existing Subdiv. (4) as Subdiv. (5) and adding Subdiv. (6) defining “police patrol vehicle”, amended Subsec. (b) by replacing “may” with “shall” re wearing of body-worn equipment and use for data retention and adding references to dashboard camera, amended Subsec. (c) by making the use of body-worn recording equipment mandatory for all police officers in Subdiv. (1), deleting former Subdiv. (2) re permissible use of body-worn recording equipment, redesignating existing Subdivs. (3) and (4) as Subdivs. (2) and (3) and adding new Subdiv. (4) re mandatory usage of dashboard cameras, amended Subsecs. (d) and (e) by adding references to dashboard camera, amended Subsec. (g) by adding references to dashboard camera and adding reference to officer performing detective work, amended Subsec. (h) by deleting exception for police officer using equipment prior to October 1, 2015, amended Subsec. (i) by adding “or dashboard camera”, “in writing” and “body-worn recording”, amended Subsec. (j) by adding references to dashboard cameras and to type of detective work and adding provision that guidelines not to require data storage for longer than one year and made technical and conforming changes throughout, effective July 1, 2022; P.A. 21-33 amended Subsec. (f) by making existing language Subdiv. (1) and redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B), by providing that the 96-hour window for disclosure follows the initiation of investigation rather than the recorded incident, by making technical changes and by adding new Subdiv. (2) re requested disclosure when an officer has not been asked to give a formal statement or where no disciplinary investigation has been initiated; P.A. 21-40 made a technical change in Subsec. (a)(1), effective July 1, 2022; P.A. 23-47 amended Subsec. (f) by adding language permitting a delay from public disclosure under limited circumstances of not more than 144 hours; P.A. 23-204 added Subsec. (k) re forms and reports of law enforcement unit compliance with provisions of Subsec. (c), effective July 1, 2023.

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Sec. 29-7b. Division of Scientific Services. (a) There shall be within the Department of Emergency Services and Public Protection a Division of Scientific Services. The Commissioner of Emergency Services and Public Protection shall serve as administrative head of such division, and may delegate jurisdiction over the affairs of such division to a deputy commissioner.

(b) The Division of Scientific Services shall provide technical assistance to law enforcement agencies in the various areas of scientific investigation. The division shall maintain facilities and services for the examination and analysis of evidentiary materials in areas including, but not limited to, chemistry, arson, firearms, questioned documents, microscopy, serology, toxicology, trace evidence, latent fingerprints, impressions and other similar technology. The facilities, services and personnel of the division shall be available, without charge, to the Office of the Chief Medical Examiner and all duly constituted prosecuting, police and investigating agencies of the state.

(c) The Division of Scientific Services: (1) May investigate any physical evidence or evidentiary material related to a crime upon the request of any federal, state or local agency, (2) may conduct or assist in the scientific field investigation at the scene of a crime and provide other technical assistance and training in the various fields of scientific criminal investigation upon request, (3) shall assure the safe custody of evidence during examination, (4) shall forward a written report of the results of an examination of evidence to the agency submitting such evidence, (5) shall render expert court testimony when requested, and (6) shall conduct ongoing research in the areas of the forensic sciences. The Commissioner of Emergency Services and Public Protection or a director designated by the commissioner shall be in charge of the Division of Scientific Services operations and shall establish and maintain a system of case priorities and a procedure for submission of evidence and evidentiary security. The director of the Division of Scientific Services shall be in the unclassified service and shall serve at the pleasure of the commissioner.

(d) In accordance with the provisions of sections 4-38d, 4-38e and 4-39, all powers and duties of the Department of Public Health under the provisions of sections 14-227a, 14-227c, 15-140u and 21a-283 shall be transferred to the Division of Scientific Services within the Department of Emergency Services and Public Protection.

(e) There is established within the Division of Scientific Services the Connecticut Internet Crimes Against Children Task Force, which shall consist of affiliate law enforcement agencies in the state. The task force shall use state and federal moneys appropriated to it in a manner that is consistent with the duties prescribed in 34 USC 21114.

(P.A. 83-66, S. 1, 2; P.A. 99-218, S. 1, 16; P.A. 11-51, S. 134; June 12 Sp. Sess. P.A. 12-1, S. 240; P.A. 23-56, S. 17.)

History: P.A. 99-218 replaced former Subsec. (a) which had created the Forensic Science Laboratory with new provisions creating the Division of Scientific Services, made remaining part of former Subsec. (a) a new Subsec. (b), specified in Subsec. (b) that the division would be available without charge to certain agencies, redesignated former Subsec. (b) as Subsec. (c), provided in Subsec. (c) for the commissioner or a deputy commissioner to head the division, and added Subsec. (d) which specified the transfer of certain Department of Public Health powers and duties to the division, effective July 1, 1999; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (c) to substitute “director” for “deputy commissioner” and add provision re director to be in the unclassified service and serve at the pleasure of commissioner, effective June 15, 2012; P.A. 23-56 added Subsec. (e) establishing Connecticut Internet Crimes Against Children Task Force, effective July 1, 2023.

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Sec. 29-7e. (Note: This section is effective July 1, 2024.) Investigative unit conducting sting operations relating to online sexual abuse of minors. (a) The Commissioner of Emergency Services and Public Protection shall assign to the Internet Crimes Against Children Task Force, including the investigative unit conducting sting operations relating to the online sexual abuse of minors, established under subsection (d) of section 29-4, such personnel as may be required to fulfill the duties of this section. The task force, utilizing such investigative unit:

(1) Shall perform undercover and investigatory operations to prevent and detect any criminal activity or suspected criminal activity in the state in which an individual uses the Internet to sexually abuse, sexually exploit or sexually assault a minor, or attempt to sexually abuse, sexually exploit or sexually assault a minor;

(2) Shall compile, monitor and analyze data regarding any criminal activity or suspected criminal activity described in subdivision (1) of this subsection; and

(3) Shall share data and information with, and may provide additional assistance to, any law enforcement unit to assist in the undercover operations and investigation of any criminal activity or suspected criminal activity described in subdivision (1) of this subsection.

(b) Not later than November 1, 2024, the Police Officer Standards and Training Council, in consultation with the Commissioner of Emergency Services and Public Protection, shall:

(1) Develop, and disseminate to all law enforcement units, a standardized form or other reporting system to be used by a law enforcement unit in making an initial notification or report to such investigative unit relating to the online sexual abuse of minors as required by subsection (c) of this section;

(2) Develop best practices for the investigation of the online sexual abuse of minors and to facilitate the continued sharing of information among and between such investigative unit conducting sting operations relating to the online sexual abuse of minors and law enforcement units;

(3) Take such actions as are necessary to inform the public of its right to report any criminal activity or suspected criminal activity as described in subdivision (1) of subsection (a) of this section and how to make such reports, including, but not limited to, considering the establishment of state and municipal telephone hotlines and Internet web sites that can be used to make reports; and

(4) Develop a model policy for the investigation of the online sexual abuse of minors.

(c) Each law enforcement unit shall, not later than fourteen days after receiving notification, information or a complaint of any criminal activity or suspected criminal activity described in subdivision (1) of subsection (a) of this section, provide a notice and report to the Internet Crimes Against Children Task Force regarding such criminal activity or suspected criminal activity using the standardized form or other reporting system developed pursuant to subdivision (1) of subsection (b) of this section. The law enforcement unit shall continue to share information regarding the investigation of such criminal activity or suspected criminal activity with the investigative unit conducting sting operations relating to the online sexual abuse of minors according to the best practices developed pursuant to subdivision (2) of subsection (b) of this section.

(d) Not later than January 1, 2026, and January 1, 2027, the Department of Emergency Services and Public Protection shall submit an annual report regarding the activity and results of the Internet Crimes Against Children Task Force, including the activity and results of the investigative unit conducting sting operations relating to the online sexual abuse of minors, as well as a recommendation as to whether such investigative unit should be extended, to the joint standing committees of the General Assembly having cognizance of matters relating to children, public safety and the judiciary, in accordance with the provisions of section 11-4a.

(e) For purposes of this section, “law enforcement unit” has the same meaning as provided in section 7-294a.

(P.A. 23-204, S. 327.)

History: P.A. 23-204 effective July 1, 2024.

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Sec. 29-7f. Greater Hartford regional law enforcement task force to combat illegal roadway traffic activity. (a) The Commissioner of Emergency Services and Public Protection shall establish a Greater Hartford Regional Law Enforcement Task Force to Combat Illegal Roadway Traffic Activity. The task force shall combat illegal traffic activities on greater Hartford area roadways committed by organized groups of individuals riding motor vehicles, motorcycles, all-terrain vehicles or other vehicles.

(b) The task force shall be comprised of state law enforcement officers and members of law enforcement units in the greater Hartford area.

(c) The task force may request and receive from any federal, state or local agency cooperation and assistance in the performance of its duties, including the temporary assignment of personnel that may be necessary to carry out the performance of its functions.

(d) The Commissioner of Emergency Services and Public Protection may appoint a commanding officer and such other personnel as the commissioner deems necessary to carry out the duties of the task force, within available appropriations.

(P.A. 23-112, S. 1.)

History: P.A. 23-112 effective July 1, 2023.

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Sec. 29-18c. Special policemen for Department of Consumer Protection. The Commissioner of Emergency Services and Public Protection may appoint not more than four persons employed as investigators in the security unit of the Department of Consumer Protection, upon the nomination of the Commissioner of Consumer Protection, to act as special police officers in said unit. Such appointees shall serve at the pleasure of the Commissioner of Emergency Services and Public Protection. During such tenure, they shall have all the powers conferred on state police officers while investigating or making arrests for any offense arising from the operation of any off-track betting system, retail sports wagering, as defined in section 12-850, or the conduct of any lottery game. Such special police officers shall be certified under the provisions of sections 7-294a to 7-294e, inclusive.

(P.A. 84-457, S. 1, 3; P.A. 11-51, S. 134, 182; P.A. 23-54, S. 8.)

History: Pursuant to P.A. 11-51, “Division of Special Revenue”, “executive director of the Division of Special Revenue” and “Commissioner of Public Safety” were changed editorially by the Revisors to “Department of Consumer Protection”, “Commissioner of Consumer Protection” and “Commissioner of Emergency Services and Public Protection”, respectively, effective July 1, 2011; P.A. 23-54 replaced “policemen” with “police officers” and added provision re retail sports wagering, effective June 26, 2023.

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Sec. 29-28. Permit for sale at retail of firearms. Permit to carry pistol or revolver. Confidentiality of name and address of permit holder. Permits for out-of-state residents. (a)(1) No person who sells ten or more firearms in a calendar year or 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 pistol or revolver at retail without having a permit therefor issued as provided in this subsection.

(2) The chief of police or, where there is no chief of police, the chief executive officer, as defined in section 7-193, of the municipality, as defined in section 7-148, or, if designated by such chief executive officer, the resident state trooper serving such municipality or a state police officer of the state police troop having jurisdiction over such municipality, 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 within the jurisdiction of the authority issuing such permit. No permit for the sale at retail of firearms shall be issued unless the applicant holds a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or a valid state permit to carry a pistol or revolver issued pursuant to subsection (b) of this section; 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 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 pistols or revolvers shall not be required to submit such documentation for the location where the sale or exchange is to take place.

(3) Any person holding a valid permit for the sale at retail of pistols or revolvers issued on or before September 30, 2023, shall be deemed to be a holder of a valid permit for the sale at retail of firearms until such permit for the sale at retail of pistols or revolvers expires or is revoked, suspended, confiscated or surrendered. The holder of such permit may renew such permit as a permit for the sale at retail of firearms pursuant to section 29-30.

(b) Upon the application of any person having a bona fide permanent residence within the jurisdiction of any such authority, such chief of police or, where there is no chief of police, such chief executive officer, as defined in section 7-193, or, if designated by such chief executive officer, a resident state trooper or state police officer, as applicable, may issue a temporary state permit to such person to carry a pistol or revolver within the state, provided such authority shall find that such applicant intends to make no use of any pistol or revolver which such applicant may be permitted to carry under such permit other than a lawful use and that such person is a suitable person to receive such permit. Such applicant shall submit to a state and national criminal history records check in accordance with section 29-17a. If the applicant has a bona fide permanent residence within the jurisdiction of any federally recognized Native American tribe within the borders of the state, and such tribe has a law enforcement unit, as defined in section 7-294a, the chief of police of such law enforcement unit may issue a temporary state permit to such person pursuant to the provisions of this subsection, and any chief of police of any other law enforcement unit having jurisdiction over an area containing such person's bona fide permanent residence shall not issue such temporary state permit if such tribal law enforcement unit accepts applications for temporary state permits. Such applicant shall submit to a state and national criminal history records check in accordance with section 29-17a. No state or temporary state permit to carry a pistol or revolver shall be issued under this subsection if the applicant: (1) (A) For any application filed prior to July 1, 2024, has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association, and (B) for any application filed on or after July 1, 2024, has failed to successfully complete, not earlier than two years prior to the submission of such application, a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of firearms, which courses may include those certified by the National Rifle Association or other organizations, conducted by an instructor certified by the National Rifle Association or by the state, provided any such course includes instruction in state law requirements pertaining to safe storage in the home and in vehicles, lawful use of firearms and lawful carrying of firearms in public. Any person wishing to provide such course, may apply in the form and manner prescribed by the commissioner. The commissioner shall approve or deny any application for provision of such a course not later than July 1, 2024, in the case of an application submitted before October 1, 2023; (2) has been convicted of (A) a felony, (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the preceding twenty years, a misdemeanor violation of any law of this state that has been designated as a family violence crime pursuant to section 46b-38h; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120; (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13; (5) (A) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court, or (B) has been voluntarily admitted on or after October 1, 2013, or has been committed under an emergency certificate pursuant to section 17a-502 on or after October 1, 2023, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person, as those terms are defined in section 17a-680; (6) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, including an ex parte order issued pursuant to section 46b-15 or 46b-16a; (7) is subject to a firearms seizure order issued prior to June 1, 2022, pursuant to section 29-38c after notice and hearing, or a risk protection order or risk protection investigation order issued on or after June 1, 2022, pursuant to section 29-38c; (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(2), (g)(4) or (g)(9); (9) is an alien illegally or unlawfully in the United States; or (10) is less than twenty-one years of age. Nothing in this section shall require any person who holds a valid permit to carry a pistol or revolver on July 1, 2024, to participate in any additional training in the safety and use of pistols and revolvers. No person may apply for a temporary state permit to carry a pistol or revolver more than once within any twelve-month period, and no temporary state permit to carry a pistol or revolver shall be issued to any person who has applied for such permit more than once within the preceding twelve months. Any person who applies for a temporary state permit to carry a pistol or revolver shall indicate in writing on the application, under penalty of false statement in such manner as the issuing authority prescribes, that such person has not applied for a temporary state permit to carry a pistol or revolver within the past twelve months. Upon issuance of a temporary state permit to carry a pistol or revolver to the applicant, the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in this subsection, shall forward the original application to the commissioner. Not later than sixty days after receiving a temporary state permit, an applicant shall appear at a location designated by the commissioner to receive the state permit. The commissioner may then issue, to any holder of any temporary state permit, a state permit to carry a pistol or revolver within the state. Upon issuance of the state permit, the commissioner shall make available to the permit holder a copy of the law regarding the permit holder's responsibility to report the loss or theft of a firearm and the penalties associated with the failure to comply with such law. Upon issuance of the state permit, the commissioner shall forward a record of such permit to the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in this subsection, issuing the temporary state permit. The commissioner shall retain records of all applications, whether approved or denied. The copy of the state permit delivered to the permittee shall be laminated and shall contain a full-face photograph of such permittee. A person holding a state permit issued pursuant to this subsection shall notify the issuing authority within two business days of any change of such person's address. The notification shall include the old address and the new address of such person.

(c) No issuing authority may require any sworn member of the Department of Emergency Services and Public Protection or an organized local police department to furnish such sworn member's residence address in a permit application. The issuing authority shall allow each such sworn member who has a permit to carry a pistol or revolver issued by such authority to revise such member's application to include a business or post office address in lieu of the residence address. The issuing authority shall notify each such member of the right to revise such application.

(d) Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a permit to sell firearms at retail pursuant to subsection (a) of this section or a state or a temporary state permit to carry a pistol or revolver pursuant to subsection (b) of this section, or a local permit to carry pistols and revolvers issued by local authorities prior to October 1, 2001, 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 parole officers within the Department of Correction acting in the performance of their duties, (2) the issuing authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33, 29-37a or 29-38m for verification that such state or temporary state permit is still valid and has not been suspended or revoked, and the local authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33, 29-37a or 29-38m for verification that a local permit is still valid and has not been suspended or revoked, and (3) 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.

(e) The issuance of any permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying of a pistol or revolver is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises.

(f) Any bona fide resident of the United States having no bona fide permanent residence within the jurisdiction of any local authority in the state, but who has a permit or license to carry a pistol or revolver issued by the authority of another state or subdivision of the United States, may apply directly to the Commissioner of Emergency Services and Public Protection for a permit to carry a pistol or revolver in this state. All provisions of subsections (b), (c), (d) and (e) of this section shall apply to applications for a permit received by the commissioner under this subsection. Such applicant shall submit to a state and national criminal history records check in accordance with section 29-17a.

(1949 Rev., S. 4158, 4159; 1959, P.A. 615, S. 19; P.A. 77-614, S. 486, 610; P.A. 90-155, S. 1; P.A. 92-130, S. 4, 10; P.A. 93-172, S. 1; July Sp. Sess. P.A. 94-1, S. 4; P.A. 98-129, S. 6; P.A. 99-212, S. 19; P.A. 01-130, S. 4; P.A. 05-283, S. 4; P.A. 07-163, S. 2; P.A. 11-51, S. 134; 11-80, S. 1; P.A. 12-177, S. 1; P.A. 13-3, S. 57; 13-220, S. 14; P.A. 15-216, S. 3; June Sp. Sess. P.A. 15-2, S. 3; P.A. 16-34, S. 8; P.A. 21-67, S. 3; P.A. 22-102, S. 2; P.A. 23-53, S. 4, 5, 29; 23-89, S. 4; 23-130, S. 1.)

History: 1959 act corrected typographical error; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 90-155 added provision re compliance with local zoning requirements; P.A. 92-130 divided section into two Subsecs., inserting new language as Subsec. (b) to prohibit issuing authority from requiring police officers to furnish their residence addresses in permit applications and to require issuing authority to allow police officers who have a permit to carry a pistol or revolver on May 26, 1992, to revise such applications to include business or post office address in lieu of residence address; P.A. 93-172 amended Subsec. (a) to require copy of state permit delivered to permittee to be laminated and contain full-face photograph of permittee; July Sp. Sess. P.A. 94-1 amended Subsec. (a) to require any person “who sells ten or more pistols or revolvers in a calendar year or is a federally-licensed firearm dealer” to obtain a permit for the sale at retail of pistols and revolvers and to prohibit the issuance of such permit unless the applicant holds a valid eligibility certificate or valid permit to carry, designated as Subsec. (b) existing provisions re application for and issuance of permit to carry and amended said Subsec. to replace provision prohibiting the issuance of such permit to an alien with provision prohibiting the issuance of such permit to any applicant who comes within any of the six specified circumstances, add provision exempting current permit holders from additional training and add provision requiring a permit holder to notify the issuing authority of any change of address, redesignated former Subsec. (b) as Subsec. (c) and added Subsec. (d) re confidentiality of name and address of permit holders; P.A. 98-129 added new Subsec. (b)(3) prohibiting the issuance of a permit to an applicant who has been convicted as delinquent of a serious juvenile offense, renumbering the remaining Subdivs. accordingly, and replacing in Subdiv. (5) “hospital for mental illness” with “hospital for persons with psychiatric disabilities”, added Subsec. (d)(3) authorizing the disclosure of such information to the Commissioner of Mental Health and Addiction Services to carry out the provisions of Sec. 17a-500(c), and added new Subsec. (e) to provide that the issuance of a permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver where prohibited by law or by the person who owns or exercises control over the premises; P.A. 99-212 added new Subsec. (b)(7) prohibiting the issuance of a permit to an applicant who is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice and hearing, renumbering remaining Subdiv. accordingly, and made provisions gender neutral; P.A. 01-130 amended Subsecs. (a), (b) and (d) to establish state permits for sale at retail and state permits to carry pistols and revolvers in place of local permits for sale and local permits to carry, added Subsec. (b)(9) prohibiting a state permit to carry from being issued to persons under age 21, added Subsec. (f) providing for out-of-state residents to obtain state permits to carry, and made technical and conforming changes throughout; P.A. 05-283 added new Subsec. (b)(8) prohibiting the issuance of a permit to an applicant who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922 (g)(4), redesignated existing Subdivs. (8) and (9) as Subdivs. (9) and (10); P.A. 07-163 amended Subsec. (b) to add provision requiring commissioner, upon issuance of state permit, to make available to permit holder a copy of the law requiring reporting of the loss or theft of a firearm and penalties for failure to comply with the law; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011; P.A. 12-177 amended Subsec. (d)(1) to permit disclosure of information to employees of the U.S. Probation Office acting in performance of their duties; P.A. 13-3 amended Subsec. (b) to add “permanent” re bona fide residence and delete “or place of business” re within jurisdiction, to replace “twelve months” with “sixty months” re hospital confinement by probate court order and add Subpara. (B) re voluntary admission in Subdiv. (5), and to add provisions prohibiting application for and issuance of a temporary state permit to carry a pistol or revolver more than once within any 12-month period, amended Subsec. (d)(2) to add references to request made pursuant to Sec. 29-37a or 29-38m, amended Subsec. (f) to add “permanent” re bona fide residence and delete “or place of business” re within jurisdiction, and made technical and conforming changes; P.A. 13-220 amended Subsec. (b)(2) to limit disqualifying violations to those committed on or after October 1, 1994, and make technical changes; P.A. 15-216 amended Subsec. (d)(1) to add reference to parole officers within Department of Correction; June Sp. Sess. P.A. 15-2 amended Subsec. (b)(2)(B) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-34 amended Subsec. (b)(6) by adding “including an ex parte order issued pursuant to section 46b-15 or 46b-16a”; P.A. 21-67 amended Subsec. (b)(2)(B) by replacing “on or after October 1, 1994, a violation of section 21a-279 or” with “a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of” and adding “during the preceding twenty years” at the end of newly designated Subpara. (C) and amended Subsec. (b)(7) by adding reference to June 1, 2022, and language re a risk protection order or investigation and making a technical change, effective June 1, 2022; P.A. 22-102 amended Subsecs. (a) and (b) by substituting provision re chief executive officer of the municipality or designated resident state trooper or state police officer for warden or first selectman, amended Subsec. (b) by adding provision re applicant with bona fide permanent residence within jurisdiction of federally recognized Native American tribe and made a technical change, effective July 1, 2022; P.A. 23-53 amended Subsec. (a) by replacing permit for retail sale of pistols and revolvers with permit for retail sale of firearms and making conforming changes, redesignating existing language in Subsec. (a) re requirement of permit as Subsec. (a)(1) and issuance of permit as Subsec. (a)(2), adding Subsec. (a)(3) re existing holders of a permit for sale at retail of pistols or revolvers and making a technical change, amended Subsec. (b) by redesignating existing Subdiv. (1) as Subdiv. (1)(A) and adding language in same re any application filed prior to July 1, 2024, adding Subdiv. (1)(B) re any application filed on or after July 1, 2024, adding language re a misdemeanor violation of any law designated as a family violence crime in Subdiv. (2)(C), replacing reference to 18 USC 922(g)(4) with reference to 18 USC 922(g)(2), (g)(4) or (g)(9) in Subdiv. (8), replacing “October 1, 1994” with “July 1, 2024” in Subdiv. (10) and making technical changes and amended Subsec. (d) by replacing provision re permit for the retail sale of pistols and revolvers with provision re permit for the retail sale of firearms; P.A. 23-89 amended Subsec. (b)(5)(B) by adding provision re commitment under an emergency certificate pursuant to Sec. 17a-502; P.A. 23-130 amended Subsecs. (a) and (b) by inserting “, as defined in section 7-193,”, amended Subsec. (b) by adding provisions re state and national criminal history records check in accordance with Sec. 29-17a, chief of police of law enforcement unit of federally recognized Native American tribe forwarding application after issuing a temporary permit and commissioner forwarding record of state permit to such chief and making a technical change and amended Subsec. (f) by adding provision re state and national criminal history records check in accordance with Sec. 29-17a, effective July 1, 2023.

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Sec. 29-28a. Application for permit. Notice of decision to applicant. (a) Requests for temporary state permits under section 29-28 shall be submitted to the chief of police, the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, or, where there is no chief of police, to the chief executive officer, as defined in section 7-193, of the municipality, as defined in section 7-148, or, if designated by such chief executive officer, the resident state trooper serving such municipality or a state police officer of the state police troop having jurisdiction over such municipality, on application forms prescribed by the Commissioner of Emergency Services and Public Protection. Upon written request by any person for a temporary state permit not on a prescribed application form, or upon request by any person for such application form, the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall supply such forms. When any such request is made in person at the office of the local authority, the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall supply such application form immediately. When any such request is made in any other manner, the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall supply such application form not later than one week after receiving such request. If such application form is not supplied within the time limits required by this section, the request therefor shall constitute a sufficient application. If any local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, fails to supply an application form upon the request of any person, such person may request an application form from the Commissioner of Emergency Services and Public Protection or any barracks of the Division of State Police, and the time limits and procedures set forth in this section for handling requests for such forms shall be applicable.

(b) (1) The local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall, not later than eight weeks after a sufficient application for a temporary state permit has been made, inform the applicant that such applicant's request for a temporary state permit has been approved or denied, and if denied, supply to the applicant a detailed written reason for such denial. The local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall forward a copy of the application indicating approval or denial of the temporary state permit to the Commissioner of Emergency Services and Public Protection. If the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, has denied the application for a temporary state permit, no state permit may be issued. If the local authority has failed to expressly deny the application or issue a temporary state permit during the eight-week period following the submission of such application, upon presentation by the applicant of an affidavit attesting to such failure to expressly deny the application at least (A) thirty-two weeks, in the case of an application filed on or before March 30, 2024, and (B) sixteen weeks, in the case of an application filed on or after April 1, 2024, after submission of such application, the commissioner shall accept such affidavit in lieu of a temporary state permit and notify the local authority immediately of the receipt of such affidavit. The commissioner shall, not later than eight weeks after receiving an application indicating approval from the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, or an affidavit attesting to a failure to expressly deny the application, inform the applicant in detailed writing that the applicant's application for a state permit has been approved or denied, or that the results of the national criminal history records check have not been received. If grounds for denial become known after a temporary state permit has been obtained, the temporary state permit shall be immediately revoked pursuant to section 29-32. The failure of the issuing authority to complete the review of an application for a temporary state permit shall not be grounds for the commissioner to deny issuance of a state permit.

(2) Notwithstanding subparagraph (B) of subdivision (1) of this subsection, during a major disaster or an emergency declaration by the President of the United States, or an emergency declaration issued by the Governor due to any disease epidemic, public health emergency or natural disaster impacting a local authority, the Commissioner of Emergency Services and Public Protection shall not accept any affidavit filed under subdivision (1) of this subsection until thirty-two weeks have passed since submission of the application for a temporary state permit.

(1963, P.A. 115; P.A. 77-614, S. 486, 610; P.A. 81-342, S. 2; P.A. 84-60; P.A. 01-130, S. 5; P.A. 11-51, S. 134; P.A. 22-102, S. 3; P.A. 23-53, S. 46; 23-130, S. 2.)

History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 81-342 amended Subsec. (a) by adding the provision that a person may request an application from the commissioner of public safety or a state police barracks if the issuing authority fails to supply an application upon request; P.A. 84-60 amended Subsec. (b), extending the notification period for the granting or denial of a permit from six to eight weeks; P.A. 01-130 amended Subsecs. (a) and (b) to substitute “local” authority for “issuing” authority to reflect change from local to state permit and make technical and conforming changes, added provisions re chief of police, warden and first selectman in Subsec. (a) and added provisions re forwarding of copy of application to and notice to applicant from Commissioner of Public Safety in Subsec. (b); pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 22-102 amended Subsec. (a) by substituting provision re chief executive officer of the municipality or designated resident state trooper or state police officer for warden or first selectman, effective July 1, 2022; P.A. 23-53 substantially revised Subsec. (b) by designating existing provisions as Subdiv. (1) and adding provision re detailed written reason for denial, failure by a local authority to expressly deny an application or issue temporary state permit during the 8-week period following application, acceptance by commissioner of an affidavit attesting to such failure and providing that such failure shall not be grounds for denial of a state permit, and adding Subdiv. (2) notwithstanding Subsec. (b)(1)(B); P.A. 23-130 amended Subsec. (a) by adding “, as defined in section 7-193,”, and amended Subsecs. (a) and (b) by adding provisions re chief of police of law enforcement unit of federally recognized Native American tribe, effective July 1, 2023.

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Sec. 29-28b. Holders of permits to sell firearms at retail. Duties. Inventory reconciliation. (a) In addition to any other duty required by this chapter, a person who possesses a permit to sell firearms at retail issued pursuant to subsection (a) of section 29-28 shall not:

(1) Furnish false or fraudulent information in any application to the Department of Emergency Services and Public Protection or fail to comply with representations made in any application;

(2) Fail to maintain a permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f;

(3) Fail to maintain a permit to sell firearms at retail issued pursuant to subsection (a) of section 29-28;

(4) Fail to maintain effective controls against theft of firearms, including, but not limited to, installation or maintenance of the burglar alarm system required under section 29-37d;

(5) Fail to acquire an authorization number for a firearm transfer pursuant to sections 29-36l and 29-37a;

(6) Transfer a firearm to a person ineligible to receive such firearm, unless the permittee relied in good faith on information provided to such permittee by the department in verifying the eligibility of such ineligible person;

(7) Sell, deliver or otherwise transfer an assault weapon in violation of sections 53-202a to 53-202k, inclusive, or fail to maintain accurate records of any such sale, delivery or transfer;

(8) Sell, deliver or otherwise transfer a large capacity magazine in violation of sections 53-202w and 53-202x or fail to maintain accurate records of any such sale, delivery or transfer;

(9) Fail to maintain current and proper acquisition and disposition records required by the Bureau of Alcohol, Tobacco, Firearms and Explosives;

(10) Fail to post placards or furnish written warnings pursuant to section 29-37b;

(11) Fail to provide a trigger lock, gun lock or gun locking device with each purchase pursuant to section 29-37b;

(12) Fail to verify the age and criminal background of employees pursuant to section 29-37f;

(13) Fail to report any firearm stolen in compliance with section 53-202g and 18 USC 923(g)(6), as amended from time to time; or

(14) Fail to conduct an annual physical inventory reconciliation as required by subsection (b) of this section.

(b) Any person who possesses a permit to sell firearms at retail shall, not later than the fifth business day of October of each year, cause a physical inventory reconciliation to be performed that includes comparing the physical inventory of firearms with acquisition and disposition records required to be maintained pursuant to this chapter and 27 CFR 478.125 (e), as amended from time to time. A permittee shall, within five business days of performing this inventory reconciliation, attest to the commissioner, in a form and manner specified by the commissioner, that the required inventory reconciliation was performed and any firearms determined to be missing from the inventory were reported to the Attorney General and appropriate local authorities as required by section 53-202g and 18 USC 923 (g)(6), as amended from time to time.

(c) (1) If there is probable cause to believe that a person has failed to comply with the duties specified in subsection (a) of this section, the commissioner or the chief of police or, where there is no chief of police, the chief executive officer of the municipality or if designated by such chief executive officer, the resident state trooper serving such municipality or a state police officer of the state police troop having jurisdiction over such municipality in which such person resides may issue notice of a violation. Such notice shall detail the reasons for issuing such notice and provide a date, not earlier than thirty days following the date of service of the notice, by which such person must cure the violation.

(2) If the period for cure described in subdivision (1) of this subsection has expired and the commissioner or chief determines that the violation is not cured, the commissioner or chief or, where there is no chief of police, the chief executive officer of the municipality or if designated by such chief executive officer, the resident state trooper may temporarily prohibit further sale of firearms at the permitted premises by issuing a stop sales order. Such order shall be effective when served upon the person in violation or posted by the commissioner or chief or, where there is no chief of police, the chief executive officer of the municipality or if designated by such chief executive officer, the resident state trooper at the permitted premises. The commissioner or chief or, where there is no chief of police, the chief executive officer of the municipality or if designated by such chief executive officer, the resident state trooper may assess a civil penalty against of not more than one hundred dollars per day during which the violation continues. Any person who sells, delivers or otherwise transfers a firearm in violation of a stop sales order shall be guilty of a class C felony for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.

(3) Any person against which a stop sales order is issued pursuant to subdivision (2) of this subsection may request a hearing before the commissioner to challenge the grounds for issuance of such stop sales order and any associated civil penalties. Such hearing shall be conducted not later than seven days after receipt of such request in accordance with the provisions of chapter 54.

(4) Stop sales orders shall be effective against any successor entity that has one or more of the same principals or officers as the corporation, partnership or sole proprietorship against which the stop sales order was issued and are engaged in the same or equivalent trade or activity.

(5) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to specify any hearing provisions necessary to carry out the provisions of this subsection.

(P.A. 23-53, S. 8.)

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Sec. 29-29. Information concerning criminal records of applicants for permits. (a) No temporary state permit for carrying any pistol or revolver shall be issued under the provisions of section 29-28 unless the applicant for such permit gives to the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, upon its request, full information concerning the applicant's criminal record. The local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall require the applicant to submit to state and national criminal history records checks. The local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall take a full description of such applicant and make an investigation concerning the applicant's suitability to carry any such weapons.

(b) The local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, or the commissioner in the case of an application pursuant to subsection (f) of section 29-28, shall take the fingerprints of such applicant or conduct any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation. The local authority, the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, or the commissioner shall record the date the fingerprints were taken in the applicant's file and, within five business days of such date, shall forward such fingerprints and other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a.

(c) The local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, may, in its discretion, issue a temporary state permit before a national criminal history records check relative to such applicant's record has been received. Upon receipt of the results of such national criminal history records check, the commissioner shall send a copy of the results of such national criminal history records check to the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, which shall inform the applicant and render a decision on the application within one week of the receipt of such results. If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall inform the applicant of such delay, in writing. No temporary state permit shall be issued if the local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, has reason to believe the applicant has ever been convicted of a felony, or that any other condition exists for which the issuance of a permit for possession of a pistol or revolver is prohibited under state or federal law.

(d) The commissioner may investigate any applicant for a state permit and shall investigate each applicant for renewal of a state permit to ensure that such applicant is eligible under state law for such permit or for renewal of such permit.

(e) No state permit may be issued unless either the local authority, the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, or the commissioner has received the results of the national criminal history records check.

(1949 Rev., S. 4160; P.A. 92-130, S. 6, 10; P.A. 98-129, S. 5; P.A. 01-130, S. 6; P.A. 01-175, S. 22, 32; P.A. 22-102, S. 4; P.A. 23-130, S. 3.)

History: P.A. 92-130 required issuing authority to record date fingerprints were taken, authorized forwarding of fingerprints to FBI for national criminal history records check, authorized issuing authority to issue permit before report from FBI is received, required issuing authority to inform applicant and render a decision on application within one week of receipt of report, and, if report has not been received within eight weeks after application is made, to inform applicant of delay, and prohibited issuance of permit if issuing authority has reason to believe applicant has been convicted of a felony; P.A. 98-129 relieved the issuing authority of the requirement that it take the fingerprints of the applicant if it determines that the fingerprints of the applicant have been previously taken and the applicant's identity established and the applicant presents identification that the issuing authority verifies as valid and made the submission of the fingerprints to the Federal Bureau of Investigation by the issuing authority mandatory rather than discretionary; P.A. 01-130 substituted “local” authority for “issuing” authority to reflect change from local permit to state permit, adding new Subsecs., designated as (d) and (e), re commissioner's investigation of applicants and required receipt of results of national criminal history records check before state permit issued, and made technical and conforming changes; P.A. 01-175 made technical changes throughout, designated existing language as Subsecs. (a) to (c), amended Subsec. (a) by adding language re state and national criminal history records checks, and amended Subsec. (b) by adding language re method of positive identification and criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001; P.A. 22-102 amended Subsec. (b) by adding “, or the commissioner in the case of an application pursuant to subsection (f) of section 29-28,” and adding references to the commissioner, effective July 1, 2022; P.A. 23-130 amended Subsecs. (a), (b), (c) and (e) by adding provisions re chief of police of law enforcement unit of federally recognized Native American tribe and further amended Subsec. (b) by deleting exception to taking fingerprints or conducting other method of identification and replacing “or” with “and” re forwarding fingerprints and identifying information, effective July 1, 2023.

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Sec. 29-30. Fees for permits for sale at retail of firearms and for carrying of pistols and revolvers. Expiration and renewal of permits. (a) The fee for each permit originally issued under the provisions of subsection (a) of section 29-28 for the sale at retail of firearms shall be two hundred dollars and for each renewal of such permit two hundred dollars. The fee for each state permit originally issued under the provisions of subsection (b) of section 29-28 for the carrying of pistols and revolvers shall be one hundred forty dollars plus sufficient funds as required to be transmitted to the Federal Bureau of Investigation to cover the cost of a national criminal history records check. The local authority, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, shall forward sufficient funds for the national criminal history records check to the commissioner no later than five business days after receipt by the local authority, or such chief of police of a law enforcement unit of any federally recognized Native American tribe, of the application for the temporary state permit. Seventy dollars shall be retained by the local authority, or such chief of police of a law enforcement unit of any federally recognized Native American tribe. Upon approval by the local authority, or such chief of police of a law enforcement unit of any federally recognized Native American tribe, of the application for a temporary state permit, seventy dollars shall be sent to the commissioner. The fee to renew each state permit originally issued under the provisions of subsection (b) of section 29-28 shall be seventy dollars. Upon deposit of such fees in the General Fund, ten dollars of each fee shall be credited within thirty days to the appropriation for the Department of Emergency Services and Public Protection to a separate nonlapsing account for the purposes of the issuance of permits under subsections (a) and (b) of section 29-28.

(b) A local permit originally issued before October 1, 2001, whether for the sale at retail of pistols and revolvers or for the carrying of pistols and revolvers, 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. On and after October 1, 2001, no local permit for the carrying of pistols and revolvers shall be renewed.

(c) A state permit originally issued under the provisions of section 29-28 for the carrying of pistols and revolvers shall expire five years after the date such permit becomes effective and each renewal of such permit shall expire five years after the expiration date of the state permit being renewed and such renewal shall not be contingent on the renewal or issuance of a local permit. A temporary state permit issued for the carrying of pistols and revolvers shall expire sixty days after the date it becomes effective, and may not be renewed.

(d) The renewal fee required pursuant to subsection (a) of this section shall apply for each renewal which is requested not earlier than thirty-one days before, and not later than thirty-one days after, the expiration date of the state permit being renewed.

(e) No fee or portion of any fee paid under the provisions of this section for issuance or renewal of a state permit shall be refundable except if such permit for which the fee or portion was paid was not issued or renewed. The portion of the fee expended on the national criminal history records check for any such permit that was not issued or renewed shall not be refunded.

(f) The issuing authority shall send a notice of the expiration of a state permit to carry a pistol or revolver, issued pursuant to section 29-28, to the holder of such permit, by first class mail or electronic mail, not less than ninety days before such expiration, and shall include with such notice a form for the renewal of said state permit. The holder of such permit may elect to receive such notice by first class mail or electronic mail. The holder of such permit may mail the form for renewal to the issuing authority and the issuing authority shall accept such form as a valid application for renewal, provided the holder (1) completed the form according to instructions provided by the Department of Emergency Services and Public Protection, (2) enclosed the appropriate fee to renew, in accordance with subsection (a) of this section, (3) enclosed a copy of proof of citizenship or legal residency of the holder, (4) enclosed a full-face photograph of the holder, and (5) is otherwise eligible for such permit pursuant to section 29-28. A state permit to carry a pistol or revolver, issued pursuant to section 29-28, shall be valid for a period of ninety days after the expiration date, except this provision shall not apply to any state permit to carry a pistol or revolver which has been revoked or for which revocation is pending, pursuant to section 29-32.

(1949 Rev., S. 4161; 1953, S. 2132d; 1959, P.A. 271; P.A. 73-468, S. 1; P.A. 80-297, S. 10, 20; P.A. 81-222, S. 1; P.A. 89-180, S. 1, 2; P.A. 93-172, S. 2; July Sp. Sess. P.A. 94-1, S. 5; P.A. 98-129, S. 4; P.A. 99-212, S. 11; P.A. 01-130, S. 7; June Sp. Sess. P.A. 09-3, S. 309; P.A. 11-51, S. 134; 11-186, S. 1; P.A. 22-102, S. 5; P.A. 23-53, S. 6; 23-73, S. 1; 23-130, S. 4.)

History: 1959 act added Subsecs. (b), (c) and (d); P.A. 73-468 increased permit fees in Subsec. (a) from $2 to $6 for originals and from $1 to $5 for renewals, increased duration of permits' validity in Subsec. (b) from one to five years, changed expiration date in Subsec. (c) from 31 days after local permit expires to five years and added Subsec. (e) re refunds of fees paid; P.A. 80-297 raised fee for original and renewal permits to $15 each in Subsec. (a); P.A. 81-222 added Subsec. (f) requiring that notice of expiration of a permit to carry a pistol or revolver be sent at least 90 days before expiration and providing such a permit shall be valid for 90 days after the expiration date; P.A. 89-180 amended Subsec. (a) to increase fees for original and renewal permits from $15 to $25; P.A. 93-172 amended Subsec. (a) to increase fees for original and renewal permits to $35 and to require $10 of each fee to be credited to appropriation to department of public safety for purpose of photographing permittee and laminating state permits for carrying pistols and revolvers; July Sp. Sess. P.A. 94-1 amended Subsec. (a) to increase the fee for a permit for the sale at retail of pistols and revolvers and for the renewal thereof to $100 and to require that the $10 credited to the appropriation to the department of public safety be credited within 30 days and be credited “to a separate nonlapsing account for the purposes of the issuance of permits under subsections (a) and (b) of section 29-28” rather than “for the purpose of photographing the permittee and laminating state permits for the carrying of pistols and revolvers issued under the provisions of subsection (a) of section 29-28”; P.A. 98-129 amended Subsec. (a) to delete provision requiring that $10 of each fee be credited to the appropriation to the Department of Public Safety; P.A. 99-212 amended Subsec. (a) to restore provision requiring that $10 of each fee be credited to the appropriation for the Department of Public Safety for purposes of issuance of permits under Sec. 29-28(a) and (b) and to make provisions gender neutral; P.A. 01-130 amended Subsec. (a) to increase fee for permit to carry from $35 to $70 plus the cost of national criminal history records check and to add provisions re allocation of funds between local authority and commissioner, amended Subsec. (b) to add provision prohibiting renewal of local permit to carry on and after October 1, 2001, amended Subsec. (c) to add provision re the expiration of temporary state permits, amended Subsec. (e) to add provision re nonrefund of fee expended on national criminal history records check and made technical changes throughout to reflect the change from local permits to state permits; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fees; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsecs. (a) and (f), effective July 1, 2011; P.A. 11-186 made technical changes in Subsecs. (a), (b), (c) and (e), and amended Subsec. (f) to allow a pistol or revolver permit holder to apply for renewal of such permit by mail; P.A. 22-102 amended Subsec. (f)(4) by inserting “full-face” and deleting “that is either notarized or date stamped,”, effective July 1, 2022; P.A. 23-53 amended Subsec. (a) by replacing provision re permit for the retail sale of pistols and revolvers with provision re permit for the retail sale of firearms; P.A. 23-73 amended Subsec. (f) to allow permit holder to elect to receive expiration notice by first class mail or electronic mail and allow issuing authority to provide such notice by electronic mail and include, instead of enclose, a renewal form, effective July 1, 2023; P.A. 23-130 amended Subsec. (a) by adding provisions re chief of police of law enforcement unit of federally recognized Native American tribe, effective July 1, 2023.

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Sec. 29-31. Display of permit to sell. Record of sales. No sale of any firearm shall be made except in the room, store or place described in the permit for the sale of firearms, and such permit or a copy of such permit certified by the authority issuing the same shall be exposed to view within the room, store or place where firearms are sold or offered or exposed for sale. No sale or delivery of any 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 firearm shall keep a record of each 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 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 or any investigator employed by a federal law enforcement agency for official purposes related to such member's, investigator's employment.

(1949 Rev., S. 4162; P.A. 77-614, S. 486, 610; P.A. 11-51, S. 134; P.A. 12-191, S. 1; P.A. 23-53, S. 7.)

History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 12-191 replaced requirements that record kept of each sale be in form prescribed by commissioner, include date of sale, caliber, make, model and manufacturer's number of pistol or revolver and name, address and occupation of purchaser, be signed by purchaser and seller in each other's presence and be preserved for at least 6 years with requirement that record be in form prescribed by 27 CFR 478.125, added requirement that vendor make record available for inspection upon request of police or state-wide firearms trafficking task force investigator and made technical changes; P.A. 23-53 replaced references to pistols and revolvers with firearms, made a technical change and added provision re investigator employed by a federal law enforcement agency.

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Sec. 29-32c. Law enforcement unit posting of rights concerning firearms. The administrative head of each law enforcement unit, as defined in section 7-291e, shall ensure that each police station, headquarters or barracks under such administrative head's jurisdiction posts in a conspicuous place that is readily available for viewing by the public a statement informing individuals of (1) their right to request and obtain an application to apply for a permit to carry a pistol or revolver, their right to submit an application for a permit to carry a pistol or revolver no more than one week after their request to do so, their right to be informed in writing of the result of their application within eight weeks from its submittal, their right to file an appeal in the event of a denial of a permit for the carrying of a pistol or revolver and an individual's state and federal constitutional right to own, possess and carry a firearm for the protection of the individual's home or family as the individual so lawfully chooses, and (2) the application process for a risk protection order pursuant to section 29-38c, including the process by which a family member or medical professional can apply.

(P.A. 23-53, S. 48.)

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Sec. 29-33. Sale, delivery or transfer of pistols and revolvers. Procedure. Penalty. (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) 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 firearms at retail 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 Emergency Services and Public Protection. Such person, firm or corporation shall ensure 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 Emergency Services and Public Protection. 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 (1) deny the sale and no pistol or revolver shall be sold, delivered or otherwise transferred by such person, firm or corporation to such applicant, and (2) inform the chief of police of the town in which the applicant resides, or, where there is no chief of police, the warden of the borough or the first selectman of the town, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, if the applicant has a bona fide permanent residence within the jurisdiction of such tribe, as the case may be, that there exists a reason that would prohibit such applicant from possessing a pistol or revolver.

(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 firearms at retail, 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 Emergency Services and Public Protection. The person, firm or corporation selling such pistol or revolver or making delivery or transfer thereof shall (1) 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, (2) retain one copy of the receipt for at least five years, and (3) send, by first class mail, or electronically transmit, within forty-eight hours of such sale, delivery or other transfer, (A) one copy of the receipt to the Commissioner of Emergency Services and Public Protection, and (B) one copy of the receipt to the chief of police of the municipality in which the transferee resides or, where there is no chief of police, the chief executive officer of the municipality, as defined in section 7-148, in which the transferee resides or, if designated by such chief executive officer, the resident state trooper serving such municipality or a state police officer of the state police troop having jurisdiction over such municipality, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, if the transferee has a bona fide permanent residence within the jurisdiction of such tribe.

(f) (1) The Commissioner of Emergency Services and Public Protection shall not issue more than three authorization numbers for sale at retail of a pistol or revolver to any transferee within a thirty-day period, except that if such transferee is certified as a firearms instructor by the state pursuant to section 29-28 or the National Rifle Association, said commissioner shall not issue more than six authorization numbers within a thirty-day period.

(2) No authorization number issued for any of the following purposes shall count toward the limits in subdivision (1) of this subsection: (A) Any firearm transferred to a federal, state or municipal law enforcement agency, or any firearm legally transferred under the provisions of section 29-36k, (B) the exchange of a pistol or revolver purchased by an individual from a federally licensed firearm dealer for another pistol or revolver from the same federally licensed firearm dealer not later than thirty days after the original transaction, provided the federally licensed firearm dealer reports the transaction to the Commissioner of Emergency Services and Public Protection, (C) as otherwise provided in subsection (h) or (i) of this section, or (D) a transfer to a museum at a fixed location that is open to the public and displays firearms as part of an educational mission.

(g) 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.

(h) 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, (3) federally-licensed firearm dealers, or (4) federally-licensed firearm manufacturers.

(i) 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, the court 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 supervision 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.

(j) Any person who violates any provision of this section shall be guilty of a class C felony for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine, 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 for which three years of the sentence imposed may not be suspended or reduced by the court, and ten thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine, and any pistol or revolver found in the possession of any person in violation of any provision of this section shall be forfeited.

(1949 Rev., S. 4164; February, 1965, P.A. 36; P.A. 75-42; P.A. 77-614, S. 486, 610; P.A. 82-113; July Sp. Sess. P.A. 94-1, S. 1; P.A. 98-129, S. 1; P.A. 99-212, S. 15; P.A. 00-99, S. 136, 154; P.A. 02-132, S. 12; P.A. 11-51, S. 134; P.A. 13-3, S. 47; P.A. 22-26, S. 4; 22-102, S. 6; 22-115, S. 3; P.A. 23-53, S. 9; 23-130, S. 5, 6.)

History: 1965 act made provisions applicable to firms and corporations as well as to persons, required that applications be in triplicate, specifying persons who are to receive copies, required that no sales or deliveries be made until one week after copies mailed, replacing requirement that none be made on date of filing, added provision prohibiting sales and deliveries if applicant has been convicted of a felony, required that purchaser sign receipts in quadruplicate rather than triplicate with two rather than one to go to state police commissioner and added provisions setting forth exceptions to provisions for holders of state permits and various law enforcement officers and for antique weapons; P.A. 75-42 increased period after application during which sales and deliveries are prohibited from one week to two weeks; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 82-113 amended the definition of “antique pistol or revolver”; July Sp. Sess. P.A. 94-1 substantially revised section including making provisions applicable to all sales, deliveries and transfers, not just those “at retail”, dividing Sec. into Subsecs., amending Subsec. (a) to prohibit the sale, delivery or transfer to any person prohibited from possessing a pistol or revolver as provided in Sec. 53a-217c, rather than only to any alien, amending Subsec. (b) to require the transferor to retain the original application for at least 5 years, rather than at least 6 years, prohibit the sale, delivery or transfer unless the transferee is personally known to the transferor or provides evidence of his identity, require the municipal authority or commissioner to make a reasonable effort to determine if there is any reason that would prohibit the applicant from possessing a pistol or revolver and prohibit the sale, delivery or transfer of a pistol or revolver if any such reason exists, rather than only if the applicant has been convicted of a felony, amending Subsec. (d) to require the receipt to contain the identification number of the person's permit to carry, permit to sell or eligibility certificate, if any, and the authorization number for the transfer, require the transferor to retain a copy of the receipt for at least 5 years, rather than at least 6 years, require the transferor to send a copy of the receipt to the chief of police, warden or first selectman of the town where the transfer took place, rather than to the authority issuing the permit for the sale of such pistol or revolver, require the transferor to send copies within 48 hours, rather than within 24 hours, of such sale, delivery or transfer, amending Subsec. (e) to make the waiting period not apply with respect to the holder of a valid permit to sell or eligibility certificate and require the transferor to verify the validity of the permit or certificate, adding Subsec. (g) to make section inapplicable to certain transfers between federally licensed manufacturers, importers or dealers, adding Subsec. (h) to authorize a court to suspend prosecution in certain cases, and adding Subsec. (i) to place penalty provision, formerly in Sec. 29-37(a), in section and increase penalty to a class D felony or, if the pistol or revolver is stolen or has an altered identification number, a class B felony; P.A. 98-129 amended Subsec. (c) to delete provision requiring that when a pistol or revolver is sold, delivered or transferred it be enclosed in a package with the paper or wrapping securely fastened and to add provision prohibiting the sale, delivery or other transfer of a 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 and specifying criteria for the materials and locking mechanism of such lock or device; P.A. 99-212 added new Subsec. (b) re prohibition on purchase or receipt of pistol or revolver without having a valid permit or eligibility certificate or being a federal marshal, sheriff, parole officer or peace officer, formerly Sec. 29-36j(a), redesignating former Subsecs. (b), (c) and (d) as Subsecs. (c), (d) and (e), respectively, amended Subsec. (c) to replace provision requiring seller or transferor to send one copy of the application to the police chief, first selectman or warden in municipality where applicant resides and one copy to the Commissioner of Public Safety and retain the application for at least 5 years with provision requiring seller or transferor to attach the application to the federal sale or transfer document and retain it for at least 20 years or until the vendor goes out of business, to add provision requiring seller or transferor to insure all questions on the application are answered properly and to make application available for inspection during normal business hours by law enforcement officials, to replace prohibition on transfer of pistol or revolver until the expiration of two weeks from the mailing of the copies of the application with prohibition on transfer until the transferor obtains an authorization number, to delete the role of “the chief of the police department of the municipality within which the applicant resides or, where there is no chief of police, the first selectman or warden of such municipality, as the case may be,” in determining whether there is a reason that would prohibit the applicant possessing a pistol or revolver and in notifying the seller or transferor of any such reason, to require the commissioner to perform the national instant criminal background check and to require the commissioner to deny the sale rather than forthwith notify the person, firm or corporation to whom such application was made if a reason exists that would prohibit the applicant possessing the pistol or revolver, amended Subsec. (e) to delete the requirement that the receipt contain the occupation of the transferee, to authorize the transferor to electronically transmit a copy of the receipt to the commissioner and the police chief, warden or first selectman and to require one copy of the receipt be sent to the police chief, warden or first selectman of the town “in which the transferee resides” rather than the town “in which the sale, delivery or other transfer took place” and deleted former Subsec. (e) re persons to whom the waiting period did not apply; P.A. 00-99 deleted reference to sheriff in Subsec. (b), effective December 1, 2000; P.A. 02-132 amended Subsec. (h) by replacing “Office of Adult Probation” with “Court Support Services Division”; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; P.A. 13-3 made a technical change in Subsec. (h) and amended Subsec. (i) to change penalty for violation of section from a class D felony to a class C felony for which 2 years of the sentence imposed may not be suspended or reduced and $5,000 of the fine may not be remitted or reduced unless court states its reasons on the record, and to provide that existing class B felony for sale, delivery or other transfer of a pistol or revolver knowing it is stolen or altered be subject to sentence of 3 years which may not be suspended or reduced and $10,000 fine which may not be remitted or reduced unless court states its reasons on the record; P.A. 22-26 amended Subsec. (h) by replacing “custody” with “supervision”, effective May 10, 2022; P.A. 22-102 amended Subsec. (e) by inserting Subdiv. designators, inserting Subpara. designators in newly designated Subdiv. (3), inserting “of the municipality in which the transferee resides” and substituting provision re chief executive officer of the municipality or designated resident state trooper or state police officer for provision re warden or first selectman in Subdiv. (3)(B) and making technical changes, effective July 1, 2022; P.A. 22-115 amended Subsec. (c) to designate existing language re denial by commissioner of the sale as Subdiv. (1) and add Subdiv. (2) requiring commissioner to inform the chief of police, warden or first selectman that there exists a reason prohibiting the applicant from possessing a pistol or revolver; P.A. 23-53 replaced language re permit to sell at retail a pistol or revolver with language re permit to sell firearms at retail in Subsecs. (b) and (e), added new Subsec. (f) re limitation on sale at retail of pistol or revolver, redesignated existing Subsecs. (f) to (i) as Subsecs. (g) to (j) and added Subdiv. (4) re federally-licensed firearm manufacturers in redesignated Subsec. (h); P.A. 23-130 amended Subsecs. (c)(2) and (e)(3)(B) by adding provisions re chief of police of law enforcement unit of federally recognized Native American tribe, effective July 1, 2023.

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Sec. 29-35. Carrying of pistol or revolver without permit prohibited. Knowingly carrying any firearm with intent to display such firearm prohibited. Exceptions. (a)(1) No person shall carry any pistol or revolver upon such person's person, except when such person is within such person's dwelling house, on land leased or owned by such person or within the place of business of such person, without a permit to carry the same issued as provided in section 29-28.

(2) No person shall knowingly carry any firearm with intent to display such firearm, except when such person is within such person's dwelling house, on land leased, owned or otherwise possessed by such person or within the place of business of such person, or such person is engaged in firearm training or bona fide hunting activity, or such person has been explicitly permitted by another person to carry such firearm with intent to display such firearm while within such other person's dwelling house, on land leased, owned or otherwise possessed by such other person, or within the place of business of such other person. For the purposes of this subdivision, a person shall not be deemed to be carrying a firearm with intent to display such firearm if such person has taken reasonable measures to conceal the fact that such person is carrying a firearm. Neither a fleeting glimpse of a firearm nor an imprint of a firearm through such person's clothing shall constitute a violation of this subdivision. If a person displays a firearm temporarily while engaged in self-defense or other conduct that is otherwise lawful, such display shall not constitute a violation of this subdivision. The provisions of this subdivision shall not apply to any (A) security guard or other person employed to perform the duties of protecting public or private property while in the performance of such duties or traveling to or from such duties, (B) person carrying a firearm as a necessary part of participation in an honor guard or an historic reenactment, or (C) bail enforcement agent licensed under sections 29-152f to 29-152i, inclusive.

(3) The provisions of this subsection shall not apply to the carrying of any firearm by any:

(A) Parole officer or peace officer of this state;

(B) Parole officer or peace officer of any other state while engaged in the pursuit of official duties;

(D) Federal marshal or federal law enforcement agent;

(E) Member of the armed forces of the United States, as defined in section 27-103, or of the state, as defined in section 27-2, when on duty or going to or from duty;

(F) Member of any military organization when on parade or when going to or from any place of assembly;

(G) Person transporting or inspecting a firearm as merchandise;

(H) Person transporting a firearm contained in the package in which such firearm was originally wrapped at the time of sale and while transporting the same from the place of sale to the purchaser's residence or place of business;

(I) Person transporting a firearm as part of the process of removing such person's household goods or effects from one place to another;

(J) Person transporting a firearm from such person's place of residence or business to a place or person where or by whom such firearm is to be repaired or while returning to such person's place of residence or business after the same has been repaired;

(K) Person transporting a firearm in or through the state for the purpose of taking part in competitions, taking part in firearm training, repairing such firearm or attending any meeting or exhibition of an organized collectors' group if such person is a bona fide resident of the United States and is permitted to possess and carry a firearm in the state or subdivision of the United States in which such person resides;

(L) Person transporting a firearm to and from a testing range at the request of the issuing authority; or

(M) Person transporting an antique pistol or revolver, as defined in section 29-33.

(4) For the purposes of this subsection, “firearm training” means firearm training at a firing range, training facility or fish and game club or sporting club, and “transporting a firearm” means transporting a firearm that is unloaded and, if such firearm is being transported in a motor vehicle, is not readily accessible or directly accessible from the passenger compartment of the vehicle or, if such firearm is being transported in a motor vehicle that does not have a compartment separate from the passenger compartment, such firearm shall be contained in a locked container other than the glove compartment or console. Nothing in this section shall be construed to prohibit the carrying of a firearm during firearm training or repair.

(b) The holder of a permit issued pursuant to section 29-28 shall carry such permit upon one's person while carrying such pistol or revolver. Such holder shall present his or her permit upon the request of a law enforcement officer who has reasonable suspicion of a crime for purposes of verification of the validity of the permit or identification of the holder, provided such holder is carrying a pistol or revolver that is observed by such law enforcement officer.

(c) Not later than February 1, 2025, and annually thereafter, each law enforcement unit, as defined in section 7-294a, shall prepare and submit a report to the Institute for Municipal and Regional Policy at The University of Connecticut concerning any stops conducted on suspicion of a violation of subdivision (2) of subsection (a) of this section during the preceding calendar year, except that the initial report shall be based on the fifteen months preceding January 1, 2025. Such report shall be submitted electronically using a standardized method and form disseminated jointly by the Institute for Municipal and Regional Policy and the Police Officer Standards and Training Council. The standardized method and form shall allow compilation of statistics on each incident, including, but not limited to, the race and gender of the person stopped, provided the identification of such characteristics shall be based on the observation and perception of the police officer. The Institute for Municipal and Regional Policy and the Police Officer Standards and Training Council may revise the standardized method and form and disseminate such revisions to law enforcement units. Each law enforcement unit shall, prior to submission of any such report pursuant to this subsection, redact any information from such report that may identify a minor, witness or victim.

(d) The Institute for Municipal and Regional Policy at The University of Connecticut shall, within available appropriations, review the incidents reported pursuant to subsection (c) of this section. Not later than December 1, 2025, and annually thereafter, the institute shall report, in accordance with the provisions of section 11-4a, the results of any such review, including any recommendations, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, public safety and municipalities.

(1949 Rev., S. 4166; 1957, P.A. 163, S. 35; 1959, P.A. 179; 1963, P.A. 437; P.A. 81-45; 81-222, S. 2; P.A. 88-128, S. 1; P.A. 99-212, S. 2; P.A. 00-99, S. 77, 154; P.A. 01-130, S. 9; P.A. 03-19, S. 68; P.A. 11-213, S. 47; P.A. 15-216, S. 2; P.A. 16-193, S. 9; P.A. 23-53, S. 1; 23-203, S. 1.)

History: 1959 act exempted parole officers from provisions of section; 1963 act exempted persons en route to or at competitions, meetings, exhibitions etc. from provisions of section if persons are U.S. residents and have permits from other states; P.A. 81-45 clarified exemption for sheriffs, parole officers or peace officers by specifying those of this state, or of any other state while engaged in the pursuit of official duties, and added exemption for federal marshal or federal law enforcement agent; P.A. 81-222 provided an exemption for any person carrying a pistol or revolver to and from a testing range at the request of the issuing authority or carrying an antique pistol or revolver; P.A. 88-128 added Subsec. (b) to require a permit holder to carry his permit while carrying his pistol or revolver; P.A. 99-212 replaced “carrying” with “transporting” in list of exceptions other than in exceptions for sheriffs, parole officers, peace officers, federal marshals, federal law enforcement agents, members of the armed forces and members of any military organization, added exception for transporting a pistol or revolver in or through the state for the purpose of “taking part in formal pistol or revolver training” or “repairing such pistol or revolver”, revised exception re out-of-state resident by replacing condition that such person have “a permit or license to carry any firearm issued by the authority of any other state or subdivision of the United States” with condition that such person “is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides”, added definitions of “formal pistol or revolver training” and “transporting a pistol or revolver” and made provisions of section gender neutral; P.A. 00-99 deleted references to sheriff in Subsec. (a), effective December 1, 2000; P.A. 01-130 amended definition of “transporting a pistol or revolver” in Subsec. (a) re providing for a locked container if motor vehicle does not have compartment separate from passenger compartment; P.A. 03-19 made technical changes in Subsec. (a), effective May 12, 2003; P.A. 11-213 amended Subsec. (a) to exempt Department of Motor Vehicles inspectors, effective July 1, 2011; P.A. 15-216 amended Subsec. (b) to add provision re presentation of permit; P.A. 16-193 made a technical change in Subsec. (a); P.A. 23-53 amended Subsec. (a) by making technical and conforming changes, designating existing provision re carrying pistol or revolver without a permit as Subdiv. (1) and therein adding “on land leased or owned by such person or within the place of business of such person” to the list of exceptions, adding Subdiv. (2) re knowingly carrying any firearm with intent to display such firearm, designating language re lack of applicability of provisions as Subdiv. (3), Subdiv. applicable to any firearm rather than any pistol or revolver, and dividing Subdiv. into Subparas. (A) to (L) substantially amending same, designating language re definitions as Subdiv. (4) and amending same to redefine “formal pistol or revolver training” as “firearm training” and “transporting a pistol or revolver” as “transporting a firearm”, added Subsec. (c) re report to Institute for Municipal and Regional Policy at The University of Connecticut and added Subsec. (d) re review of reported incidents; P.A. 23-203 amended Subsec. (a)(2) by replacing “leased or owned” with “leased, owned or otherwise possessed”, adding language re person explicitly permitted by another to carry such firearm and language providing that provisions do not apply to persons described in Subparas. (A) to (C), amended Subsec. (a)(3) by redesignating Subpara. (A)(i) re parole officer or peace officer of this state as Subpara. (A), redesignating Subpara. (A)(ii) re parole officer or peace officer of any other state as new Subpara. (B) and redesignating existing Subparas. (B) to (L) as Subparas. (C) to (M).

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Sec. 29-36a. Manufacture of a firearm. Acquisition of unique serial number or other mark of identification. Exceptions. Penalty. (a) No person shall complete the manufacture of a firearm without subsequently (1) obtaining a unique serial number or other mark of identification from the Department of Emergency Services and Public Protection pursuant to subsection (b) of this section, and (2) engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 USC 923(i), as amended from time to time, and any regulation adopted thereunder.

(b) Not later than thirty days after a person completes the manufacture of a firearm, such person shall notify the department of such manufacture and provide any identifying information to the department concerning the firearm and the owner of such firearm, in a manner prescribed by the Commissioner of Emergency Services and Public Protection. Upon receiving a properly submitted request for a unique serial number or other mark of identification from a person who completes manufacture of a firearm, the department shall determine if such person is prohibited from purchasing a firearm and if not, shall issue to such person a unique serial number or other mark of identification immediately and in no instance more than three business days after the department receives such request. Issuance of a unique serial number or other mark of identification pursuant to this subsection shall not be evidence that the firearm is otherwise lawfully possessed.

(c) (1) On and after January 1, 2024, no person shall possess a firearm without a serial number or other mark of identification unless such person has (A) declared possession of such firearm pursuant to subdivision (2) or (3) of this subsection, or (B) applied to obtain a unique serial number or other mark of identification from the Department of Emergency Services and Public Protection pursuant to subsections (a) and (b) of this section and such person has not yet received such serial number or other mark of identification.

(2) Any person who, prior to January 1, 2024, lawfully possesses a firearm without a serial number or other mark of identification manufactured prior to October 1, 2019, shall apply by January 1, 2024, or, if such person is a member of the military or naval forces of this state or of the United States and is unable to apply by January 1, 2024, because such member is or was on official duty outside of this state, shall apply within ninety days of returning to the state to the department to declare possession of such firearm. Such application shall be made on such form and in such manner as the Commissioner of Emergency Services and Public Protection prescribes.

(3) Any person who moves into the state in lawful possession of a firearm without a serial number or other mark of identification shall, within ninety days, either (A) obtain a unique serial number or other mark of identification from the department and engrave upon or permanently affix to the firearm such serial number or other mark pursuant to subsection (a) of this section, (B) render such firearm permanently inoperable, (C) sell such firearm to a federally licensed firearm dealer, or (D) remove such firearm from the state, except that any person who is a member of the military or naval forces of this state or of the United States, is in lawful possession of a firearm without a serial number or other mark of identification and has been transferred into the state after January 1, 2024, may, within ninety days of arriving in the state, apply to the department to declare possession of such firearm.

(4) For purposes of this subsection, “lawfully possesses”, with respect to a firearm without a serial number or other mark of identification, means that a person has (A) actual and lawful possession of such firearm, (B) constructive possession of such firearm pursuant to a lawful purchase that was transacted prior to or on June 5, 2023, regardless of whether the firearm was delivered to the purchaser prior to or on June 5, 2023, which lawful purchase is evidenced by a writing sufficient to indicate that (i) a contract for sale was made between the parties prior to or on June 5, 2023, for the purchase of the firearm, or (ii) full or partial payment for the firearm was made by the purchaser to the seller of the firearm prior to or on June 5, 2023, or (C) actual possession under subparagraph (A) of this subdivision, or constructive possession under subparagraph (B) of this subdivision, as evidenced by a written statement made under penalty of false statement on such form as the commissioner prescribes.

(5) The department may adopt regulations, in accordance with the provisions of chapter 54, to establish procedures with respect to applications under this subsection. Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person who has declared possession of a firearm without a serial number or other mark of identification shall be confidential and shall not be disclosed, except such records may be disclosed to (A) law enforcement agencies and employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, and (B) the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.

(6) (A) Except as provided in this subsection, no person within this state shall distribute, import into this state, keep for sale, offer or expose for sale or purchase a firearm without a serial number or other mark of identification.

(B) The provisions of subparagraph (A) of this subdivision shall not apply to the transfer of a firearm without a serial number or other mark of identification (i) the possession of which has been declared to the department pursuant to this section, by bequest or intestate succession, or, upon the death of a testator or settlor: (I) To a trust, or (II) from a trust to a beneficiary; or (ii) to a police department or the Department of Emergency Services and Public Protection.

(d) The provisions of subsections (a), (b) and (c) of this section shall not apply to the manufacture of a firearm manufactured using an unfinished frame or lower receiver on which a serial number or other mark has been engraved or permanently affixed pursuant to subsection (c) of section 53-206j.

(e) No person shall transfer to another person any firearm manufactured in violation of this section.

(f) The provisions of this section shall not apply to (1) the manufacture of firearms by a federally licensed firearm manufacturer, (2) (A) any antique firearm, as defined in 18 USC 921, as amended from time to time, or (B) any firearm manufactured prior to December 16, 1968, provided such firearm is otherwise lawfully possessed, or (3) delivery or transfer of a firearm to a law enforcement agency.

(g) No person shall knowingly, recklessly or with criminal negligence facilitate, aid or abet the manufacture of a firearm (1) by a person or for a person who is otherwise prohibited by law from purchasing or possessing a firearm, or (2) that a person is otherwise prohibited by law from purchasing or possessing.

(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, the court may order suspension of prosecution. The court shall not order suspension of prosecution unless the accused person has acknowledged that he or she 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 or her right to a speedy trial. Such person shall appear in court and shall be released to the supervision 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 such person's period of probation, such person may apply for dismissal of the charges against such person and the court, on finding such satisfactory completion, shall dismiss such charges. If the person does not apply for dismissal of the charges against such person after satisfactorily completing such person's period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the person satisfactorily completed such person's 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 such person's period of probation or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

(i) (1) Any person who is ineligible to possess a firearm under state or federal law and violates any provision of this section shall be guilty of a class C felony for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine, and any firearm found in the possession of any person in violation of any provision of this section shall be forfeited.

(2) Any person who is not ineligible to possess a firearm under state or federal law and violates any provision of this section shall be guilty of a class C misdemeanor.

(j) For purposes of this section, “manufacture” means to fabricate or construct a firearm including the initial assembly, “firearm” means firearm, as defined in section 53a-3 and “law enforcement agency” means law enforcement agency, as defined in section 29-1i.

(P.A. 19-6, S. 2; P.A. 22-26, S. 5; P.A. 23-53, S. 3.)

History: P.A. 22-26 amended Subsec. (g) by replacing “custody” with “supervision”, effective May 10, 2022; P.A. 23-53 amended Subsec. (b) by deleting provision re 90 days after notice in accordance with Sec. 29-36b, added new Subsec. (c) re possessing firearm without a serial number or other mark of identification, redesignated existing Subsecs. (c) to (i) as Subsecs. (d) to (j), referenced Subsec. (c) in Subsec. (d), replaced “the effective date of this section” with “December 16, 1968” in Subsec. (f)(2)(B), added “knowingly, recklessly or with criminal negligence” in Subsec. (g), made a technical change in Subsec. (h), redesignated existing language of Subsec. (i) as Subsec. (i)(1) and added “is ineligible to possess a firearm under state or federal law and” in Subsec. (i)(1) and added Subsec. (i)(2) re penalty, effective June 6, 2023.

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Sec. 29-36f. Eligibility certificate for pistol or revolver. (a) Any person who is twenty-one years of age or older may apply to the Commissioner of Emergency Services and Public Protection for an eligibility certificate for a pistol or revolver.

(b) The Commissioner of Emergency Services and Public Protection shall issue an eligibility certificate unless said commissioner finds that the applicant: (1) (A) For any application filed prior to July 1, 2024, has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association, or (B) for any application filed on or after July 1, 2024, has failed to successfully complete, not earlier than two years prior to the submission of such application, a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of firearms, which courses may include those certified by the National Rifle Association or other organizations, conducted by an instructor certified by the National Rifle Association or by the state, provided any such course includes instruction in state law requirements pertaining to safe storage in the home and in vehicles, lawful use of firearms and lawful carrying of firearms in public; (2) has been convicted of (A) a felony, (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the preceding twenty years, or (D) a misdemeanor violation of any law of this state that has been designated as a family violence crime pursuant to section 46b-38h; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120; (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13; (5) (A) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court; or (B) has been voluntarily admitted on or after October 1, 2013, or has been committed under an emergency certificate pursuant to section 17a-502 on or after October 1, 2023, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680; (6) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, including an ex parte order issued pursuant to section 46b-15 or section 46b-16a; (7) is subject to a firearms seizure order issued prior to June 1, 2022, pursuant to section 29-38c after notice and hearing, or a risk protection order or risk protection investigation order issued on or after June 1, 2022, pursuant to section 29-38c; (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(2), (g)(4) or (g)(9); or (9) is an alien illegally or unlawfully in the United States.

(July Sp. Sess. P.A. 94-1, S. 7; P.A. 98-129, S. 14; P.A. 99-212, S. 20; P.A. 05-283, S. 5; P.A. 11-51, S. 134; 11-80, S. 1; P.A. 13-3, S. 58; June Sp. Sess. P.A. 15-2, S. 4; P.A. 16-34, S. 9; P.A. 21-67, S. 4; P.A. 23-53, S. 30; 23-89, S. 5.)

History: P.A. 98-129 added new Subsec. (b)(3) prohibiting the issuance of an eligibility certificate to an applicant who has been convicted as delinquent for the commission of a serious juvenile offense, renumbering the remaining Subdivs. accordingly, and replacing in Subdiv. (5) “hospital for mental illness” with “hospital for persons with psychiatric disabilities”; P.A. 99-212 added new Subsec. (b)(7) prohibiting the issuance of an eligibility certificate to an applicant who is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice and hearing, renumbering remaining Subdiv. accordingly, and made provisions gender neutral; P.A. 05-283 added new Subsec. (b)(8) prohibiting the issuance of an eligibility certificate to an applicant who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922 (g)(4), and redesignated existing Subdiv. (8) as Subdiv. (9); pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011; P.A. 13-3 amended Subsec. (b)(5) to designate existing provisions as Subpara. (A) and amend same by replacing “twelve months” with “sixty months” re hospital confinement by probate court order, and to add Subpara. (B) re voluntary admission; June Sp. Sess. P.A. 15-2 amended Subsec. (b)(2) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-34 amended Subsec. (b) by making a technical change in Subdiv. (5)(B) and adding “, including an ex parte order issued pursuant to section 46b-15 or section 46b-16a” in Subdiv. (6); P.A. 21-67 amended Subsec. (b)(2) by replacing “a felony or of a violation of section 21a-279 or” with “(A) a felony, (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of” and adding “during the preceding twenty years” at the end of newly designated Subpara. (C) and amended Subsec. (b)(7) by adding reference to June 1, 2022, and language re a risk protection order or investigation and making a technical change, effective June 1, 2022; P.A. 23-53 amended Subsec. (b) by redesignating existing Subdiv. (1) as Subdiv. (1)(A) and adding provision therein re any application filed prior to July 1, 2024, adding Subdiv. (1)(B) re any application filed on or after July 1, 2024, adding Subdiv. (2)(D) re misdemeanor violation of any law designated as a family violence crime and in Subdiv. (8) replacing reference to 18 USC 922(g)(4) with reference to 18 USC 922(g)(2), (g)(4) or (g)(9); P.A. 23-89 amended Subsec. (b)(5)(B) by adding provision re commitment under an emergency certificate pursuant to Sec. 17a-502.

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Sec. 29-36h. Fee for eligibility certificate. Expiration and renewal of eligibility certificate. (a) The fee for each eligibility certificate for a pistol or revolver originally issued under the provisions of section 29-36f shall be thirty-five dollars and for each renewal thereof thirty-five dollars, which fees shall be paid to the Commissioner of Emergency Services and Public Protection. Upon deposit of such fees in the General Fund, the fees shall be credited to the appropriation to the Department of Emergency Services and Public Protection to a separate nonlapsing account for the purposes of the issuance of eligibility certificates under said section.

(b) An eligibility certificate originally issued under the provisions of section 29-36f shall expire five years after the date it becomes effective and each renewal thereof shall expire five years after the expiration date of the certificate being renewed.

(c) The renewal fee shall apply for each renewal which is requested not earlier than thirty-one days before, and not later than thirty-one days after, the expiration date of the certificate being renewed.

(d) No fee or portion thereof paid under the provisions of this section for issuance or renewal of an eligibility certificate shall be refundable except if the eligibility certificate for which the fee or portion thereof was paid was not issued or renewed.

(e) The Commissioner of Emergency Services and Public Protection shall send a notice of the expiration of an eligibility certificate issued pursuant to section 29-36f to the holder of such certificate, by first class mail or electronic mail, at the address or electronic mail address of such person as shown by the records of the commissioner, not less than ninety days before such expiration, and shall include with such notice a form for the renewal of said certificate. The holder of such certificate may elect to receive such notice by first class mail or electronic mail. An eligibility certificate issued pursuant to said section shall be valid for a period of ninety days from the expiration date, except this provision shall not apply to any certificate which has been revoked or for which revocation is pending, pursuant to section 29-36i.

(July Sp. Sess. P.A. 94-1, S. 9; P.A. 11-51, S. 134; P.A. 23-73, S. 2.)

History: Pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; P.A. 23-73 amended Subsec. (e) to allow certificate holder to elect to receive expiration notice by first class mail or electronic mail, and allow commissioner to provide such notice by electronic mail and include, instead of enclose, a renewal form, effective July 1, 2023.

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Sec. 29-36l. Verification of eligibility of persons to receive or possess firearms. State database. Instant criminal background check. Immunity of seller or transferor. Authorization number required. (a) The Commissioner of Emergency Services and Public Protection shall establish a state database that any person, firm or corporation who sells or otherwise transfers firearms may access, by telephone or other electronic means in addition to the telephone, for information to be supplied immediately, on whether a permit to carry a pistol or revolver, issued pursuant to subsection (b) of section 29-28, a permit to sell firearms at retail, issued pursuant to subsection (a) of section 29-28, an eligibility certificate for a pistol or revolver, issued pursuant to section 29-36f, or a long gun eligibility certificate, issued pursuant to section 29-37p, is valid and has not been revoked or suspended.

(b) Upon establishment of the database, the commissioner shall notify each person, firm or corporation holding a permit to sell firearms at retail issued pursuant to subsection (a) of section 29-28 of the existence and purpose of the system and the means to be used to access the database.

(c) The Department of Emergency Services and Public Protection shall establish days and hours during which the telephone number or other electronic means shall be operational for purposes of responding to inquiries, taking into consideration the normal business hours of retail firearm businesses.

(d) (1) The Department of Emergency Services and Public Protection shall be the point of contact for initiating a background check through the National Instant Criminal Background Check System (NICS), established under section 103 of the Brady Handgun Violence Prevention Act, on individuals purchasing firearms.

(2) The Department of Emergency Services and Public Protection, Department of Mental Health and Addiction Services and Judicial Department shall, in accordance with state and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the state. The Department of Emergency Services and Public Protection shall report the name, date of birth and physical description of any person prohibited from possessing a firearm pursuant to 18 USC 922(g) or (n) to the National Instant Criminal Background Check System Index, Denied Persons Files.

(e) Any person, firm or corporation that contacts the Department of Emergency Services and Public Protection to access the database established under this section and determine if a person is eligible to receive or possess a firearm shall not be held civilly liable for the sale or transfer of a firearm to a person whose receipt or possession of such firearm is unlawful or for refusing to sell or transfer a firearm to a person who may lawfully receive or possess such firearm if such person, firm or corporation relied, in good faith, on the information provided to such person, firm or corporation by said department, unless the conduct of such person, firm or corporation was unreasonable or reckless.

(f) Any person, firm or corporation that sells, delivers or otherwise transfers any firearm pursuant to section 29-33 or 29-37a, shall contact the Department of Emergency Services and Public Protection to access the database established under this section and receive an authorization number for such sale, delivery or transfer. The provisions of this subsection shall not apply to: (1) Any sale, delivery or transfer of an antique firearm manufactured in or before 1898, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or before 1898; (2) any sale, delivery or transfer of any replica of any firearm described in subdivision (1) of this subsection if such replica uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; (3) transactions between persons who are licensed as firearms importers or collectors, manufacturers or dealers pursuant to 18 USC 921 et seq.; (4) the transfer of firearms to and from gunsmiths for purposes of repair only; and (5) any sale, delivery or transfer of any firearm to any agency of the United States, the state of Connecticut or any local government.

(July Sp. Sess. P.A. 94-1, S. 16; P.A. 99-212, S. 7; P.A. 05-283, S. 1; P.A. 11-51, S. 169; P.A. 13-3, S. 7; P.A. 23-53, S. 10.)

History: P.A. 99-212 added Subsec. (c) re establishment of days and hours during which the telephone number or other electronic means shall be operational to respond to inquiries, added Subsec. (d) re designation of the Department of Public Safety as the point of contact for initiating background checks through the National Instant Criminal Background Check System, added Subsec. (e) re immunity of sellers and transferors who contact the Department of Public Safety to access the database and rely in good faith on the information provided and added Subsec. (f) re requirement that sellers and transferors contact the department to access the database and receive an authorization number and re exempt transactions; P.A. 05-283 amended Subsec. (d) to designate existing provisions as Subdiv. (1) and to add Subdiv. (2) re memorandum of understanding with the Federal Bureau of Investigation for purpose of implementing the National Instant Criminal Background Check System; P.A. 11-51 replaced references to Commissioner and Department of Public Safety with references to Commissioner and Department of Emergency Services and Public Protection and made a technical change, effective July 1, 2011; P.A. 13-3 amended Subsec. (a) to provide that database may be accessed by seller or transferor of “firearms” rather than of “pistols or revolvers” and be used to determine validity of long gun eligibility certificate issued pursuant to Sec. 29-37p, effective July 1, 2013; P.A. 23-53 replaced provision re permit to sell at retail pistols or revolvers with provision re permit to sell firearms at retail throughout.

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Sec. 29-36n. Protocol for the transfer, delivery or surrender of pistols, revolvers, other firearms and ammunition. (a) The Commissioner of Emergency Services and Public Protection, in conjunction with the Chief State's Attorney and the Connecticut Police Chiefs Association, shall develop a protocol to ensure that persons who become ineligible to possess a pistol or revolver or other firearm or ammunition have, in accordance with section 29-36k, transferred such pistol or revolver or other firearm or ammunition to a person eligible to possess such pistol or revolver or other firearm or ammunition or have delivered or surrendered such pistol or revolver or other firearm or ammunition to said commissioner. Such protocol shall include provisions to ensure that a person who becomes ineligible to possess a pistol or revolver or other firearm because such person is subject to a restraining or protective order or a foreign order of protection, as defined in section 29-36k, transfers such pistol or revolver or other firearm, or delivers or surrenders such pistol or revolver or other firearm, pursuant to arrangements made with an organized local police department or the Division of State Police in advance of such transfer, delivery or surrender.

(b) The Commissioner of Emergency Services and Public Protection, in conjunction with the Chief State's Attorney and the Connecticut Police Chiefs Association, shall update the protocol developed pursuant to subsection (a) of this section to reflect the provisions of sections 29-7h, 29-28, 29-28a, 29-29, 29-30, 29-32 and 29-35, subsections (b) and (h) of section 46b-15, subsections (c) and (d) of section 46b-38c and sections 53-202a, 53-202l and 53a-217 and shall include in such protocol specific instructions for the transfer, delivery or surrender of pistols and revolvers and other firearms and ammunition when the assistance of more than one law enforcement agency is necessary to effect the requirements of section 29-36k.

(P.A. 99-212, S. 10; P.A. 01-130, S. 14; P.A. 02-120, S. 2; P.A. 11-51, S. 134; 11-152, S. 10; P.A. 13-3, S. 35; 13-214, S. 18; P.A. 14-217, S. 129; P.A. 16-34, S. 17; P.A. 23-53, S. 26.)

History: P.A. 01-130 designated existing provisions as Subsec. (a) and added Subsec. (b) re updating the protocol; P.A. 02-120 amended Subsec. (b) to require protocol to include specific instructions for transfer of pistols and revolvers when assistance of more than one law enforcement agency is necessary to effect the requirements of Sec. 29-36k; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 11-152 amended Subsec. (b) to add “delivery or surrender” re protocol for pistols and revolvers; P.A. 13-3 made provisions re ineligibility to possess pistol or revolver and transfer, delivery or surrender of pistol or revolver applicable to ammunition; P.A. 13-214 added references to other firearm and amended Subsec. (a) to provide that protocol shall include provisions to ensure that a person who becomes ineligible to possess a pistol, revolver or other firearm because the person is subject to a restraining or protective order or a foreign order of protection transfers the pistol, revolver or other firearm pursuant to advance arrangements made with local or state police; P.A. 14-217 amended Subsec. (b) by replacing reference to Sec. 46b-15(e) with reference to Sec. 46b-15(g), effective January 1, 2015; P.A. 16-34 amended Subsec. (b) by replacing reference to Sec. 46b-15(g) with reference to Sec. 46b-15(h); P.A. 23-53 deleted reference to Sec. 53-202m in Subsec. (b), effective June 6, 2023.

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Sec. 29-37. Penalties. (a) Any person violating any provision of section 29-28 or 29-31 shall be guilty of a class E felony, and any pistol or revolver found in the possession of any person in violation of any of said provisions shall be forfeited.

(b) Any person violating any provision of subdivision (1) of subsection (a) of section 29-35 shall be guilty of a class D felony, and, in the absence of any mitigating circumstances as determined by the court, one year of the sentence imposed may not be suspended or reduced by the court. The court shall specifically state the mitigating circumstances, or the absence thereof, in writing for the record. Any pistol or revolver found in the possession of any person in violation of any provision of subsection (a) of section 29-35 shall be forfeited.

(c) Any person violating any provision of subdivision (2) of subsection (a) of section 29-35 shall be guilty of a class B misdemeanor for a first offense and a class A misdemeanor for any subsequent offense. The court may order suspension of prosecution in addition to any other diversionary programs available to the defendant, if the court finds that a violation of said subdivision 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. The court shall not order suspension of prosecution unless the accused person has acknowledged that he or she 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 or her right to a speedy trial. Such person shall appear in court and shall be released to the supervision 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 such person's period of probation, he or she may apply for dismissal of the charges against such person and the court, on finding such satisfactory completion, shall dismiss such charges. If the person does not apply for dismissal of the charges against such person after satisfactorily completing such person's period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the person satisfactorily completed such person's 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 such person's period of probation or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

(d) Any person violating any provision of subsection (b) of section 29-35 shall have committed an infraction and shall be fined thirty-five dollars.

(1949 Rev., S. 4168; P.A. 81-222, S. 3; P.A. 88-128, S. 2; July Sp. Sess. P.A. 94-1, S. 15; July Sp. Sess. P.A. 94-2, S. 13; P.A. 97-56, S. 2; P.A. 07-217, S. 134; P.A. 13-258, S. 25; P.A. 23-53, S. 2.)

History: P.A. 81-222 added Subsec. (b) establishing a mandatory one-year prison sentence for any person violating Sec. 29-35 unless the court finds mitigating circumstances, and requiring the court to state the mitigating circumstances or absence thereof in writing; P.A. 88-128 added Subsec. (c) to provide a penalty for any person violating Sec. 29-35(b); July Sp. Sess. P.A. 94-1 amended Subsec. (a) to delete reference to Sec. 29-33 because that same public act added revised penalty provisions for violations of Sec. 29-33 within that section itself; July Sp. Sess. P.A. 94-2 amended Subsec. (a) to delete reference to Sec. 29-34 because that same public act added penalty provisions for violations of Sec. 29-34 within that section itself; P.A. 97-56 amended Subsec. (a) to delete penalty provision for a violation of Sec. 29-36 because that same public act added penalty provision for violations of that section to Sec. 29-36 itself; P.A. 07-217 made a technical change in Subsec. (b), effective July 12, 2007; P.A. 13-258 amended Subsec. (a) to change penalty from a fine of not more than $500 or imprisonment of not more than 3 years to a class E felony, and amended Subsec. (b) to change penalty from a fine of not more than $1,000 and imprisonment of not less than 1 year or more than 5 years to a class D felony; P.A. 23-53 amended Subsec. (b) by replacing reference to Sec. 29-35(a) with reference to Sec. 29-35(a)(1), added new Subsec. (c) re violation of Sec. 29-35(a)(2) and redesignated existing Subsec. (c) as Subsec. (d).

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Sec. 29-37a. Sale, delivery or transfer of long guns. Procedure. Penalty. (a) For the purposes of this section, “long gun” means a firearm, as defined in section 53a-3, other than a pistol or revolver.

(b) (1) Except as provided in subdivision (2) of this subsection, no person, firm or corporation may sell, deliver or otherwise transfer, at retail, any long gun to any person under eighteen years of age.

(2) No person, firm or corporation may sell, deliver or otherwise transfer any semi-automatic centerfire rifle that has or accepts a magazine with a capacity exceeding five rounds to any person under twenty-one years of age. The provisions of this subdivision shall not apply to the sale, delivery or transfer of such a rifle to any person who is a member or employee of an organized local police department, the Department of Emergency Services and Public Protection or the Department of Correction or a member of the military or naval forces of this state or of the United States for use in the discharge of their duties.

(c) No person may purchase or receive any long gun unless such person holds a valid long gun eligibility certificate issued pursuant to section 29-37p, a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, a valid permit to sell firearms at retail 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.

(d) No person, firm or corporation may sell, deliver or otherwise transfer, at retail, any long gun to any person unless such person makes application on a form prescribed and furnished by the Commissioner of Emergency Services and Public Protection, which shall be attached by the transferor to the federal sale or transfer document and filed and retained by the transferor for at least twenty years or until such transferor goes out of business. Such application shall be available for inspection during normal business hours by law enforcement officials. No such sale, delivery or other transfer of any long gun shall be made until the person, firm or corporation making such sale, delivery or transfer has ensured that such application has been completed properly and has obtained an authorization number from the Commissioner of Emergency Services and Public Protection for such sale, delivery or transfer. The Department of Emergency Services and Public Protection shall make every effort, including performing the national instant criminal background check, to determine if the applicant is eligible to receive such long gun. If it is determined that the applicant is ineligible to receive such long gun, the Commissioner of Emergency Services and Public Protection shall immediately notify the (1) person, firm or corporation to whom such application was made and no such long gun shall be sold, delivered or otherwise transferred to such applicant by such person, firm or corporation, and (2) chief of police of the town in which the applicant resides, or, where there is no chief of police, the warden of the borough or the first selectman of the town, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, if the applicant has a bona fide permanent residence within the jurisdiction of such tribe, as the case may be, that the applicant is not eligible to receive a long gun. When any long gun is delivered in connection with any sale or purchase, such long gun shall be enclosed in a package, the paper or wrapping of which shall be securely fastened, and no such long gun when delivered on any sale or purchase shall be loaded or contain any gunpowder or other explosive or any bullet, ball or shell. Upon the sale, delivery or other transfer of the long gun, the transferee shall sign in triplicate a receipt for such long gun, which shall contain the name, address and date and place of birth of such transferee, the date of such sale, delivery or transfer and the caliber, make, model and manufacturer's number and a general description thereof. Not later than twenty-four hours after such sale, delivery or transfer, the transferor shall send by first class mail or electronically transfer one receipt to the Commissioner of Emergency Services and Public Protection and one receipt to the chief of police of the municipality in which the transferee resides or, where there is no chief of police, the chief executive officer of the municipality, as defined in section 7-148, in which the transferee resides or, if designated by such chief executive officer, the resident state trooper serving such municipality or a state police officer of the state police troop having jurisdiction over such municipality, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, if the transferee has a bona fide permanent residence within the jurisdiction of such tribe, and shall retain one receipt, together with the original application, for at least five years.

(e) No sale, delivery or other transfer of any long gun shall be made by a person who is not a federally licensed firearm manufacturer, importer or dealer to a person who is not a federally licensed firearm manufacturer, importer or dealer unless:

(1) The prospective transferor and prospective transferee comply with the provisions of subsection (d) of this section and the prospective transferor has obtained an authorization number from the Commissioner of Emergency Services and Public Protection for such sale, delivery or transfer; or

(2) The prospective transferor or prospective transferee requests a federally licensed firearm dealer to contact the Department of Emergency Services and Public Protection on behalf of such prospective transferor or prospective transferee and the federally licensed firearm dealer has obtained an authorization number from the Commissioner of Emergency Services and Public Protection for such sale, delivery or transfer.

(f) (1) For purposes of a transfer pursuant to subdivision (2) of subsection (e) of this section, a prospective transferor or prospective transferee may request a federally licensed firearm dealer to contact the Department of Emergency Services and Public Protection to obtain an authorization number for such sale, delivery or transfer. If a federally licensed firearm dealer consents to contact the department on behalf of the prospective transferor or prospective transferee, the prospective transferor or prospective transferee shall provide to such dealer the name, sex, race, date of birth and state of residence of the prospective transferee and, if necessary to verify the identity of the prospective transferee, may provide a unique numeric identifier including, but not limited to, a Social Security number, and additional identifiers including, but not limited to, height, weight, eye and hair color, and place of birth. The prospective transferee shall present to the dealer such prospective transferee's valid long gun eligibility certificate issued pursuant to section 29-37p, valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, valid permit to sell firearms at retail issued pursuant to subsection (a) of section 29-28 or valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f. The dealer may charge a fee for contacting the department on behalf of the prospective transferor or prospective transferee.

(2) The Department of Emergency Services and Public Protection shall make every effort, including performing the national instant criminal background check, to determine if the prospective transferee is eligible to receive such long gun. The Commissioner of Emergency Services and Public Protection shall immediately notify the dealer of the department's determination and the dealer shall immediately notify the prospective transferor or prospective transferee of such determination. If the department determines the prospective transferee is ineligible to receive such long gun, no long gun shall be sold, delivered or otherwise transferred by the prospective transferor to the prospective transferee. If the department determines the prospective transferee is eligible to receive such long gun and provides an authorization number for such sale, delivery or transfer, the prospective transferor may proceed to sell, deliver or otherwise transfer the long gun to the prospective transferee.

(3) Upon the sale, delivery or other transfer of the long gun, the transferor or transferee shall complete a form, prescribed by the Commissioner of Emergency Services and Public Protection, that contains the name and address of the transferor, the name and address of the transferee, the date and place of birth of such transferee, the firearm permit or certificate number of the transferee, the firearm permit or certificate number of the transferor, if any, the date of such sale, delivery or transfer, the caliber, make, model and manufacturer's number and a general description of such long gun and the authorization number provided by the department. Not later than twenty-four hours after such sale, delivery or transfer, the transferor shall send by first class mail or electronically transfer one copy of such form to the Commissioner of Emergency Services and Public Protection and one copy to the chief of police of the municipality in which the transferee resides or, where there is no chief of police, the chief executive officer of the municipality, as defined in section 7-148, in which the transferee resides or, if designated by such chief executive officer, the resident state trooper serving such municipality or a state police officer of the state police troop having jurisdiction over such municipality, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state as referenced in subsection (b) of section 29-28, if the transferee has a bona fide permanent residence within the jurisdiction of such tribe, and shall retain one copy, for at least five years.

(g) No sale, delivery or other transfer of any long gun shall be made until the expiration of two weeks from the date of the application, except that such waiting period shall not apply to any federal marshal, parole officer or peace officer, or to the sale, delivery or other transfer of (1) any long gun to a holder of a valid state permit to carry a pistol or revolver issued under the provisions of section 29-28, a valid eligibility certificate issued under the provisions of section 29-36f, or a valid long gun eligibility certificate issued under the provisions of section 29-37p, (2) any long gun to an active member of the armed forces of the United States or of any reserve component thereof, (3) any long gun to a holder of a valid hunting license issued pursuant to chapter 490, or (4) antique firearms. For the purposes of this subsection, “antique firearm” means any firearm which was manufactured in or before 1898 and any replica of such firearm, 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.

(h) The provisions of subsections (c) to (g), inclusive, of this section shall not apply to the sale, delivery or transfer of (1) long guns to (A) the Department of Emergency Services and Public Protection, police departments, the Department of Correction, the Division of Criminal Justice, the Department of Motor Vehicles, the Department of Energy and Environmental Protection or the military or naval forces of this state or of the United States, (B) a sworn and duly certified member of an organized police department, the Division of State Police within the Department of Emergency Services and Public Protection or the Department of Correction, a chief inspector or inspector in the Division of Criminal Justice, a salaried inspector of motor vehicles designated by the Commissioner of Motor Vehicles, a conservation officer or special conservation officer appointed by the Commissioner of Energy and Environmental Protection pursuant to section 26-5, or a constable who is certified by the Police Officer Standards and Training Council and appointed by the chief executive authority of a town, city or borough to perform criminal law enforcement duties, pursuant to a letter on the letterhead of such department, division, commissioner or authority authorizing the purchase and stating that the sworn member, inspector, officer or constable will use the long gun in the discharge of official duties, and that a records check indicates that the sworn member, inspector, officer or constable has not been convicted of a crime of family violence, for use by such sworn member, inspector, officer or constable in the discharge of such sworn member's, inspector's, officer's or constable's official duties or when off duty, (C) a member of the military or naval forces of this state or of the United States, or (D) a nuclear facility licensed by the United States Nuclear Regulatory Commission for the purpose of providing security services at such facility, or any contractor or subcontractor of such facility for the purpose of providing security services at such facility; (2) long guns to or between federally licensed firearm manufacturers, importers or dealers; (3) curios or relics, as defined in 27 CFR 478.11, to or between federally licensed firearm collectors; or (4) antique firearms, as defined in subsection (g) of this section.

(i) 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 supervision 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.

(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 long gun in violation of the provisions of this section, knowing that such long gun is stolen or that the manufacturer's number or other mark of identification on such long gun has been altered, removed or obliterated, shall be guilty of a class B felony, and any long gun found in the possession of any person in violation of any provision of this section shall be forfeited.

(P.A. 90-340, S. 1; P.A. 99-212, S. 16; P.A. 00-99, S. 78, 154; P.A. 11-51, S. 134; P.A. 13-3, S. 1; 13-220, S. 12; P.A. 22-26, S. 6; 22-102, S. 7, 8; 22-115, S. 4; P.A. 23-53, S. 11; 23-130, S. 7, 8.)

History: P.A. 99-212 inserted Subsec. indicators, amended Subsec. (a) to replace provision requiring that application be made in triplicate and that one copy be mailed to the police chief of the municipality within which the applicant resides or, where there is no chief of police, the first selectman or warden of such municipality and that one copy be mailed to the Commissioner of Public Safety with provision requiring that vendor attach the application to the federal sale or transfer document and file and retain it for at least 20 years or until such vendor goes out of business, to add requirement that the application be available for inspection during normal business hours by law enforcement officials, to make the waiting period run from the date of the application rather than the date of the mailing of the copies of the application, to prohibit the sale or delivery until the transferor has insured that the application has been completed properly and has obtained an authorization number, to require the Department of Public Safety to make every effort, including performing the national instant criminal background check, to determine if the applicant is eligible to receive the firearm, to replace provision requiring “such municipal authority or said commissioner, having knowledge of the conviction of such applicant of a felony,” to immediately notify the transferor with provision requiring the Commissioner of Public Safety to immediately notify the transferor if “it is determined that the applicant is ineligible to receive such firearm”, and amended Subsec. (b) to delete the requirement that the receipt contain the occupation of the purchaser, to replace requirement that the vendor mail two of the triplicate receipts to the Commissioner of Public Safety and retain the other receipt with the application for at least 6 years with requirement that the vendor send by mail or electronically transfer one receipt to said commissioner and one 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 in which the purchaser resides and retain one receipt together with the original application for at least 5 years, to make the provisions of Subsec. (b) not apply to any federal marshal, sheriff, parole officer or peace officer, to make the transfers enumerated in Subdivs. (1) to (4), inclusive, subject to the provisions of Subsec. (a) other than the waiting period, to include in Subdiv. (1) the holder of a valid eligibility certificate and to replace in Subdiv. (3) “long rifles or shotguns” with “any firearm”; P.A. 00-99 deleted reference to sheriff in Subsec. (b), effective December 1, 2000; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; P.A. 13-3 added new Subsec. (a) to define “long gun”, added new Subsec. (b) to prohibit sale, delivery or transfer at retail of long gun to person under 18 and of semi-automatic centerfire rifle with magazine capacity exceeding 5 rounds to person under 21, added Subsec. (c) to prohibit on and after April 1, 2014, purchase or receipt of long gun unless person holds certain certificate or permit or is federal marshal, parole officer or peace officer, redesignated existing Subsecs. (a) and (b) as Subsec. (d) and amended same to replace references to “any firearm, as defined in section 53a-3, other than a pistol or revolver” or “firearm” with “long gun”, make provisions applicable to sale, delivery or other transfer of long gun at retail, replace “vendor” with “transferor” and “purchaser” with “transferee”, require transferor who is not federally licensed firearm dealer to file and retain application for at least 20 years, delete provision re 2-week waiting period, require receipt to contain date and place of birth of transferee and make technical changes, added Subsec. (e) re procedure for sale, delivery or transfer of long gun between persons who are not federally licensed firearm manufacturers, importers or dealers, added Subsec. (f) re procedure for initiation of national instant criminal background check by dealer and completion of form upon confirmation of eligibility to receive long gun, designated provisions of existing Subsec. (b) re waiting period exception as Subsec. (g) and amended same to add provision re 2-week waiting period for sale, delivery or transfer prior to April 1, 2014, replace references to “firearm” with “long gun”, make exception applicable to “sale, delivery or other transfer” rather than “delivery at retail”, add exception for holder of long gun eligibility certificate and make a technical change, added Subsec. (h) re inapplicability to sale, delivery or transfer between certain federal firearm licensees, added Subsec. (i) re suspension of prosecution for certain offenders, and added Subsec. (j) re penalty for violation, effective April 4, 2013; P.A. 13-220 amended Subsec. (c) to delete exception for federal marshals and parole officers to purchase or receive long gun without certificate, amended Subsec. (d) to delete requirement that transferor who is not a federally licensed firearm dealer retain forms for 20 years, replaced Subsec. (e)(2) and amended Subsec. (f)(1) to require transferor or transferee to request federally licensed firearm dealer to contact department and obtain an authorization number for sale, delivery or transfer of long gun and replace $20 fee for fee the dealer may charge for contacting department, amended Subsec. (f)(2) re department's duty to make every effort to determine prospective transferee's eligibility and immediately notify dealer of department's determination and provide authorization number for any sale, delivery or transfer to an eligible prospective transferee, substantially revised Subsec. (h) to exempt sale, delivery or transfer of long guns to persons enumerated in Subdiv. (1)(A) to (D) and federally licensed firearm manufacturers, importers or dealers in Subdiv. (2), exempt sale, delivery or transfer of curios or relics in Subdiv. (3) and antique firearms in Subdiv. (4), and made conforming changes, effective June 18, 2013; P.A. 22-26 amended Subsec. (i) by replacing “custody” with “supervision”, effective May 10, 2022; P.A. 22-102 amended Subsecs. (d) and (f)(3) by inserting “of the municipality in which the transferee resides” and substituting provision re chief executive officer of the municipality or designated resident state trooper or state police officer for provision re warden or first selectman, effective July 1, 2022; P.A. 22-115 amended Subsec. (d) to designate existing language requiring commissioner to notify the person, firm or corporation to which application was made that the long gun can not be sold to the applicant as Subdiv. (1) and add Subdiv. (2) requiring the commissioner to notify the chief of police, warden or first selectman that the applicant is not eligible to receive a long gun; P.A. 23-53 replaced provision re permit to sell at retail a pistol or revolver with provision re permit to sell firearms at retail and deleted obsolete effective date language throughout and amended Subsec. (b)(2) by deleting “, at retail,”; P.A. 23-130 amended Subsecs. (d) and (f)(3) by adding provisions re chief of police of law enforcement unit of federally recognized Native American tribe, effective July 1, 2023.

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Sec. 29-37b. Retail dealer to equip firearms with gun locking device and provide written warning at time of sale. Penalty. (a) Each person, firm or corporation which engages in the retail sale of any firearm, at the time of sale of any such firearm, shall (1) equip such firearm with a reusable trigger lock, gun lock or gun locking device appropriate for such firearm, 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, and (2) provide to the purchaser thereof a written warning which shall state in block letters not less than one inch in height: “UNLAWFUL STORAGE OF A LOADED FIREARM MAY RESULT IN IMPRISONMENT OR FINE.”

(b) Each such person, firm or corporation shall conspicuously post and at all times display the warning specified in subsection (a) of this section in block letters not less than three inches in height.

(c) Any person, firm or corporation which violates any provision of this section shall be fined not less than five hundred dollars for each violation.

(P.A. 90-144, S. 3; P.A. 98-129, S. 2; P.A. 23-53, S. 33.)

History: P.A. 98-129 amended Subsec. (a) to replace “firearm” with “pistol or revolver” where appearing, require the seller to equip the pistol or revolver with the lock or device rather than to provide the lock or device to the purchaser and require that the lock or device be reusable, be constructed of material sufficiently strong to prevent it from being easily disabled and have a locking mechanism accessible by key or other accessory to prevent unauthorized removal, and amended Subsec. (b) to delete requirement that the warning be displayed at each service counter; P.A. 23-53 amended Subsec. (a)(1) by replacing “pistol or revolver” with “firearm”.

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Sec. 29-37i. (Formerly Sec. 29-37c). Responsibilities re storage of firearms. No person shall store or keep any firearm, as defined in section 53a-3, on any premises under such person's control unless such person (1) keeps the firearm in a securely locked box or other container or in a manner which a reasonable person would believe to be secure, or (2) carries the firearm on his or her person or within such close proximity thereto that such person can readily retrieve and use the firearm as if such person carried the firearm on his or her person.

(P.A. 90-144, S. 1; P.A. 13-3, S. 54; P.A. 19-5, S. 1; P.A. 21-67, S. 8; P.A. 23-53, S. 12.)

History: Sec. 29-37c transferred to Sec. 29-37i in 1993; P.A. 13-3 designated existing provision re minor likely to gain access without permission as new Subdiv. (1), added new Subdiv. (2) re resident ineligible to possess firearm and Subdiv. (3) re resident who poses risk of imminent injury to self or others and made technical and conforming changes; P.A. 19-5 replaced “loaded firearm” with “firearm, as defined in section 53a-3,”, replaced “location” with “manner” in Subdiv. (3)(A), and redefined “minor”; P.A. 21-67 added Subdiv. (3) re resident subject to risk protection order and redesignated existing Subdiv. (3) as Subdiv. (4) and made a technical change in same, effective June 1, 2022; P.A. 23-53 substantially revised section by deleting provision re a person knows or reasonably should know, deleting Subdivs. (1) to (3), deleting Subdiv. (4) designator and deleting “a resident of the premises poses a risk of imminent personal injury to himself or herself or to another person,” in same, deleting definition of “minor”, and redesignating existing Subdivs. (4)(A) and (4)(B) as Subdivs. (1) and (2).

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Sec. 29-37p. Long gun eligibility certificate. Disqualifiers. (a) Any person who is eighteen years of age or older may apply to the Commissioner of Emergency Services and Public Protection for a long gun eligibility certificate.

(b) The Commissioner of Emergency Services and Public Protection shall issue a long gun eligibility certificate unless said commissioner finds that the applicant: (1) (A) For any application filed prior to July 1, 2024, has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of firearms including, but not limited to, a safety or training course in the use of firearms available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of firearms conducted by an instructor certified by the state or the National Rifle Association, or (B) for any application filed on or after July 1, 2024, has failed to successfully complete, not earlier than two years prior to the submission of such application, a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of firearms, which courses may include those certified by the National Rifle Association or other organizations, conducted by an instructor certified by the National Rifle Association or by the state, provided any such course includes instruction in state law requirements pertaining to safe storage in the home and in vehicles, lawful use of firearms and lawful carrying of firearms in public; (2) has been convicted of (A) a felony, (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, (C) a misdemeanor violation of section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d during the preceding twenty years, or (D) a misdemeanor violation of any law of this state that has been designated as a family violence crime pursuant to section 46b-38h; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120; (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13; (5) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court; (6) has been voluntarily admitted or, on or after October 1, 2023, has been committed under an emergency certificate pursuant to section 17a-502 to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680; (7) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, including an ex parte order issued pursuant to section 46b-15 or 46b-16a; (8) is subject to a firearms seizure order issued prior to June 1, 2022, pursuant to section 29-38c after notice and hearing, or a risk protection order or risk protection investigation order issued on or after June 1, 2022, pursuant to section 29-38c; (9) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(2), (g)(4) or (g)(9); or (10) is an alien illegally or unlawfully in the United States.

(P.A. 13-3, S. 2; 13-220, S. 15; June Sp. Sess. P.A. 15-2, S. 5; P.A. 16-34, S. 10; P.A. 21-67, S. 5; P.A. 23-53, S. 28; 23-89, S. 6.)

History: P.A. 13-3 effective July 1, 2013; P.A. 13-220 amended Subsec. (b)(2)(B) to limit disqualifying violations to those committed on or after October 1, 1994, effective July 1, 2013; June Sp. Sess. P.A. 15-2 amended Subsec. (b)(2)(B) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-34 amended Subsec. (b)(7) by adding “, including an ex parte order issued pursuant to section 46b-15 or 46b-16a”; P.A. 21-67 amended Subsec. (b)(2) by replacing “or (B) on or after October 1, 1994, a violation of section 21a-279 or” with “(B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of” and adding “during the preceding twenty years” at the end of newly designated Subpara. (C) and amended Subsec. (b)(7) by adding reference to June 1, 2022, and language re a risk protection order or investigation and making a technical change, effective June 1, 2022; P.A. 23-53 amended Subsec. (b) by redesignating existing Subdiv. (1) as Subdiv. (1)(A) and adding provision therein re any application filed prior to July 1, 2024, adding Subdiv. (1)(B) re any application filed on or after July 1, 2024, adding Subdiv. (2)(D) re misdemeanor violation of any law designated as a family violence crime and replacing reference to 18 USC 922(g)(4) with reference to 18 USC 922(g)(2), (g)(4) or (g)(9) in Subdiv. (9); P.A. 23-89 amended Subsec. (b)(6) by adding provision re commitment under an emergency certificate pursuant to Sec. 17a-502.

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Sec. 29-37r. Long gun eligibility certificate. Fees. Expiration and renewal. (a) The fee for each long gun eligibility certificate originally issued under the provisions of section 29-37p shall be thirty-five dollars and for each renewal thereof thirty-five dollars, which fees shall be paid to the Commissioner of Emergency Services and Public Protection. Upon deposit of such fees in the General Fund, the fees shall be credited to the appropriation to the Department of Emergency Services and Public Protection to a separate nonlapsing account for the purposes of the issuance of long gun eligibility certificates under said section.

(b) A long gun eligibility certificate originally issued under the provisions of section 29-37p shall expire five years after the date it becomes effective and each renewal thereof shall expire five years after the expiration date of the certificate being renewed.

(c) The renewal fee shall apply for each renewal that is requested not earlier than thirty-one days before, and not later than thirty-one days after, the expiration date of the certificate being renewed.

(d) No fee or portion thereof paid under the provisions of this section for issuance or renewal of a long gun eligibility certificate shall be refundable except if the certificate for which the fee or portion thereof was paid was not issued or renewed.

(e) The Commissioner of Emergency Services and Public Protection shall send a notice of the expiration of a long gun eligibility certificate issued pursuant to section 29-37p to the holder of such certificate, by first class mail or electronic mail, at the address or electronic mail address of such person as shown by the records of the commissioner, not less than ninety days before such expiration, and shall include with such notice a form for the renewal of such certificate. The holder of such certificate may elect to receive such notice by first class mail or electronic mail. A long gun eligibility certificate issued pursuant to said section shall be valid for a period of ninety days from the expiration date, except this provision shall not apply to any certificate which has been revoked or for which revocation is pending, pursuant to section 29-37s.

(P.A. 13-3, S. 4; P.A. 23-73, S. 3.)

History: P.A. 13-3 effective July 1, 2013; P.A. 23-73 amended Subsec. (e) to allow certificate holder to elect to receive expiration notice by first class mail or electronic mail, and allow commissioner to provide such notice by electronic mail and include, instead of enclose, a renewal form, effective July 1, 2023.

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Sec. 29-38b. Determination of commitment or admission status of person who applies for or seeks renewal of firearm permit or certificate. Report on status of application. (a) The Commissioner of Emergency Services and Public Protection, in fulfilling the commissioner's obligations under sections 29-28 to 29-38, inclusive, and section 53-202d, shall verify that any person who applies for or seeks renewal of a permit to sell firearms at retail, 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, or who applies for or seeks renewal of a long gun eligibility certificate, has not been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding sixty months by order of a probate court or has not been voluntarily admitted or has been committed under an emergency certificate pursuant to section 17a-502 to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, 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 or admission 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.

(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 sixty months by order of a probate court or has been voluntarily admitted or has been committed under an emergency certificate pursuant to section 17a-502 to a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person as those terms are defined in section 17a-680, said commissioner shall report the status of such person's application for or renewal of a permit to sell firearms at retail, a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a certificate of possession for an assault weapon or a long gun eligibility certificate to the Commissioner of Mental Health and Addiction Services for the purpose of fulfilling his responsibilities under subsection (c) of section 17a-500.

(P.A. 98-129, S. 19; P.A. 11-51, S. 134; P.A. 13-3, S. 8; P.A. 23-53, S. 13; 23-89, S. 7.)

History: (Revisor's note: A reference to repealed section “29-38a” in Subsec. (a) was replaced editorially by the Revisors with a reference to section “29-38”.); pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 13-3 amended Subsec. (a) to include commissioner's obligations under Secs. 29-37p to 29-37s in existing reference, make provisions applicable to person who on or after July 1, 2013, applies for or seeks renewal of a long gun eligibility certificate, replace “twelve months” with “sixty months” re hospital confinement by probate court order, add provision re verification that person has not been voluntarily admitted to hospital for persons with psychiatric disabilities within preceding 6 months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent or drug-dependent person and replace “commitment status” with “commitment or admission status”, and amended Subsec. (b) to replace “twelve months” with “sixty months” re hospital confinement by probate court order, add provision re determination that person has been voluntarily admitted to hospital for persons with psychiatric disabilities within preceding 6 months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent or drug-dependent person and make provisions applicable to status of application for or renewal of long gun eligibility certificate, effective July 1, 2013; P.A. 23-53 replaced provision re permit to sell at retail a pistol or revolver with provision re permit to sell firearms at retail throughout and amended Subsec. (a) by making a technical change and deleting obsolete effective date language; P.A. 23-89 amended section by adding language re commitment under an emergency certificate pursuant to Sec. 17a-502.

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Sec. 29-38c. Adult posing risk of imminent personal injury to self or others. Firearms or other deadly weapons or ammunition. Warrant for seizure. Risk protection order prohibiting acquisition or possession. (a) Except as provided pursuant to section 29-38q in the case of a complaint concerning a child under eighteen years of age, upon complaint on oath by any state's attorney or assistant state's attorney or by any police officer, to any judge of the Superior Court, that such state's attorney, assistant state's attorney or police officer has probable cause to believe that a person who is at least eighteen years of age poses a risk of imminent personal injury to such person's self or to another person, the judge may issue a risk protection order prohibiting such person from acquiring or possessing a firearm or other deadly weapon or ammunition. If such state's attorney, assistant state's attorney or police officer has a good faith belief that such person posing the risk is already prohibited from acquiring or possessing a firearm, or is already the subject of a risk protection order or pending risk protection order, the state's attorney, assistant state's attorney or police officer need not, but shall have the discretion to, pursue a risk protection order pursuant to this section. As part of or following the issuance of such order, if there is probable cause to believe that (1) such person possesses one or more firearms or other deadly weapons, and (2) such firearm or firearms or other deadly weapon or deadly weapons are within or upon any place, thing or person, such judge shall issue a warrant commanding a police officer to enter into or upon such place or thing, search the same or the person and take into such officer's custody any and all firearms and other deadly weapons and ammunition. No such warrant shall be issued if the applicant for the order is a police officer, unless the application is supported by more than one police officer, under oath on the complaint. Such state's attorney, assistant state's attorney or police officer or officers may not make any such complaint unless such state's attorney, assistant state's attorney or police officer or officers, as applicable, have conducted an independent investigation and determined that such probable cause exists. Upon the issuance of any such order and warrant, if applicable, the judge shall order the clerk of the court to give notice to the Commissioner of Emergency Services and Public Protection of the issuance of such order and warrant, as applicable.

(b) (1) Any family or household member or medical professional who has a good faith belief that a person who is at least eighteen years of age poses a risk of imminent personal injury to such person's self or to another person may make an application for a risk protection order investigation with the clerk of the court for any geographical area. The application and accompanying affidavit shall be made under oath and indicate: (A) The factual basis for the applicant's belief that such person poses a risk of imminent personal injury to such person's self or to another person; (B) whether such person holds a permit under subsection (b) of section 29-28, or an eligibility certificate issued under section 29-36f, 29-37p or 29-38n or currently possesses one or more firearms or other deadly weapons or ammunition, if known; and (C) where any such firearm or other deadly weapon or ammunition is located, if known.

(2) Upon receipt of an application and affidavit pursuant to this subsection, if the court finds that there is a good faith belief that a person who is the subject of the application poses a risk of imminent personal injury to such person's self or to another person, the court shall order a risk protection order investigation to determine if the person who is the subject of the application poses a risk of imminent personal injury to such person's self or to another person. Upon issuance by the court of an order for investigation, the court shall: (A) Give notice to the Commissioner of Emergency Services and Public Protection of the issuance of the order for a risk protection order investigation; and (B) immediately give notice of the order and transmit the order and the application and affidavit on which the order is based to the law enforcement agency for the town in which the subject of the investigation resides. The court shall immediately enter into the National Instant Criminal Background Check System (NICS) a record indicating that the person who is the subject of the investigation is ineligible to possess, purchase or otherwise receive a firearm.

(3) Upon receipt of an investigation order, the law enforcement agency shall immediately investigate whether the subject of the investigation poses a risk of imminent personal injury to such person's self or to another person. If the law enforcement agency determines that there is probable cause to believe that the subject of the investigation poses a risk of imminent personal injury to such person's self or to another person, such law enforcement agency shall seek a risk protection order, and when applicable, a warrant pursuant to subsection (a) of this section not later than twenty-four hours after receiving the investigation order, or, if the law enforcement agency needs additional time to complete the investigation, as soon thereafter as is practicable. If the law enforcement agency determines that there is no probable cause to believe that the subject of the investigation poses a risk of imminent personal injury to such person's self or to another person, the law enforcement agency shall notify the court, the applicant, and the Commissioner of Emergency Services and Public Protection of such determination, in writing, not later than forty-eight hours after receiving the investigation order, if practicable, or, if the law enforcement agency needs additional time to complete the risk warrant investigation, as soon thereafter as is practicable. Upon receiving such notification that there was not a finding of probable cause, the court shall immediately remove or cancel any record entered into the National Instant Criminal Background Check System associated with such investigation for which there was no finding of probable cause.

(c) A risk protection order issued under subsection (a) of this section, may issue only on an affidavit sworn to by the complainant establishing the grounds for issuing the order. A risk warrant issued under subsection (a) of this section may issue only on an affidavit sworn to by the complainant before the judge establishing the grounds for issuing the warrant. Any such affidavit shall be part of the court file. In determining whether there is probable cause for a risk protection order and warrant, if applicable, under subsection (a) of this section, the judge shall consider: (1) Recent threats or acts of violence by such person directed toward other persons; (2) recent threats or acts of violence by such person directed toward such person's self; and (3) recent acts of cruelty to animals as provided in subsection (b) of section 53-247 by such person. In evaluating whether such recent threats or acts of violence constitute probable cause to believe that such person poses a risk of imminent personal injury to such person's self or to others, the judge may consider other factors including, but not limited to (A) the reckless use, display or brandishing of a firearm or other deadly weapon by such person, (B) a history of the use, attempted use or threatened use of physical force by such person against other persons, (C) prior involuntary confinement of such person in a hospital for persons with psychiatric disabilities, and (D) the illegal use of controlled substances or abuse of alcohol by such person. In the case of a complaint made under subsection (a) of this section, if the judge is satisfied that the grounds for the complaint exist or that there is probable cause to believe that such grounds exist, such judge shall issue a risk protection order and warrant, if applicable, naming or describing the person, and, in the case of the issuance of a warrant, the place or thing to be searched. The order and warrant, if applicable, shall be directed to any police officer of a regularly organized police department or any state police officer. The order and warrant, if applicable, shall state the grounds or probable cause for issuance and, in the case of a warrant, the warrant shall command the officer to search within a reasonable time the person, place or thing named for any and all firearms and other deadly weapons and ammunition. A copy of the order and warrant, if applicable, shall be served upon the person named in the order not later than three days prior to the hearing scheduled pursuant to subsection (e) of this section, together with a notice informing the person that such person has the right to a hearing under this section, the telephone number for the court clerk who can inform the person of the date and time of such hearing and the right to be represented by counsel at such hearing.

(d) (1) In the case of a warrant, the municipal or state police agency that executed the warrant shall file a copy of the application for the warrant and all affidavits upon which the warrant is based with the clerk of the court for the geographical area within which the search was conducted and with the state's attorney's office for such judicial district no later than the next business day following the execution of the warrant. Prior to the execution and return of the warrant, the clerk of the court shall not disclose any information pertaining to the application for the warrant or any affidavits upon which the warrant is based. The warrant shall be executed and returned with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all firearms and other deadly weapons and ammunition seized.

(2) In the case of a risk protection order, not later than the next business day following the service of the order, the municipal or state police agency that served the order shall file with the court of the geographical area in the location in which the subject of the order resides a copy of the order and transmit to the state's attorney's office for such judicial district a return of service stating the date and time that the order was served. Prior to the service and return of the order, the clerk of court shall not disclose any information pertaining to the application for the order or any affidavits upon which the order is based to any person outside the Judicial Branch, the municipal or state police agency that served the order, or the state's attorney's office for the judicial district within which the order was served. The order shall be served and returned with reasonable promptness consistent with due process of law.

(e) Not later than fourteen days after the issuance of a risk protection order and, if applicable, a warrant under this section, the court for the geographical area where the person named in the order or warrant resides shall hold a hearing to determine whether the risk protection order should continue to apply and whether the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized should be returned to the person named in the warrant or should continue to be held by the state. At such hearing the state shall have the burden of proving all material facts by clear and convincing evidence. If, after such hearing, the court finds by clear and convincing evidence that the person poses a risk of imminent personal injury to such person's self or to another person, the court may order that the risk protection order continue to apply and that the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized pursuant to the warrant issued under subsection (a) of this section continue to be held by the state until such time that the court shall terminate such order pursuant to subsection (f) of this section and order the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized to be returned as soon as practicable to the person named in the warrant, provided such person is otherwise legally able to possess such firearm or firearms or other deadly weapon or deadly weapons and ammunition. If the court finds that the state has failed to prove by clear and convincing evidence that the petitioner poses a risk of imminent personal injury to such person's self or to another person, the court shall terminate such order and warrant, if applicable, and order the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized to be returned as soon as is practicable to the person named in the warrant, provided such person is otherwise legally eligible to possess such firearm or firearms or other deadly weapon or deadly weapons and ammunition. If the court finds that the person poses a risk of imminent personal injury to such person's self or to another person, the court shall give notice to the Department of Mental Health and Addiction Services which may take such action pursuant to chapter 319i as the department deems appropriate.

(f) A risk protection order, and warrant, if applicable, shall continue to apply and the firearm or firearms or other deadly weapon or deadly weapons and any ammunition held pursuant to subsection (e) of this section shall continue to be held by the state until such time that the person named in the order and warrant, if applicable, successfully petitions the court to terminate such order and warrant, if applicable. The person named in the order may first petition the court of the geographical area where the proceeding was originally conducted for a hearing to terminate such order, and warrant if applicable, at least one hundred eighty days after the hearing held pursuant to subsection (e) of this section. Upon the filing of such petition, the court shall (1) provide to the petitioner a hearing date that is on the twenty-eighth day following the filing of such petition or the business day nearest to such day if such twenty-eighth day is not a business day, (2) notify the Division of Criminal Justice of the filing of such petition, and (3) direct the law enforcement agency for the town in which the petitioner resides to determine, not later than fourteen days after the filing of such petition, whether there is probable cause to believe that the petitioner poses a risk of imminent personal injury to such person's self or to another person. No finding of probable cause may be found solely because the petitioner is subject to an existing risk protection order or warrant. If the law enforcement agency finds no probable cause, the agency shall so notify the court which shall cancel the hearing and terminate the order and warrant, if applicable. If the law enforcement agency finds probable cause, the agency shall notify the court of such finding and the hearing shall proceed as scheduled. At such hearing the state shall have the burden of proving all material facts by clear and convincing evidence. If the court, following such hearing, finds by clear and convincing evidence that the petitioner poses a risk of imminent personal injury to such person's self or to another person, the order and warrant, if applicable, shall remain in effect. If the court finds that the state has failed to prove by clear and convincing evidence that the petitioner poses a risk of imminent personal injury to such person's self or to another person, the court shall terminate such order and warrant, if applicable. Any person whose petition is denied may file a subsequent petition in accordance with the provisions of this subsection at least one hundred eighty days after the date on which the court denied the previous petition.

(g) The court shall immediately upon termination of a risk protection order pursuant to this section remove or cancel any record entered into the National Instant Criminal Background Check System associated with such order.

(h) Any person whose firearm or firearms and ammunition have been ordered seized pursuant to subsection (e) of this section, or such person's legal representative, may transfer such firearm or firearms and ammunition in accordance with the provisions of section 29-33 or other applicable state or federal law, to a federally licensed firearm dealer. Upon notification in writing by such person, or such person's legal representative, and the dealer, the head of the state agency holding such seized firearm or firearms and ammunition shall within ten days deliver such firearm or firearms and ammunition to the dealer.

(i) Notwithstanding the provisions of section 29-36k, the Commissioner of Emergency Services and Public Protection holding any firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized pursuant to a warrant issued under this section, or any local police department holding on behalf of said commissioner any such firearm or firearms or other deadly weapon or deadly weapons or ammunition, shall not destroy any such firearm or other deadly weapon or ammunition until at least one year has passed since date of the termination of a warrant under subsection (e) of this section.

(j) For purposes of this section, (1) “ammunition” means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm, (2) “family or household member” means (A) a person eighteen years of age or older who is a: (i) Spouse, (ii) parent, (iii) child, (iv) sibling, (v) grandparent, (vi) grandchild, (vii) step-parent, (viii) step-child, (ix) step-sibling, (x) mother or father-in-law, (xi) son or daughter-in-law, or (xii) brother or sister-in-law of the person who is the subject of an application pursuant to subsection (b) of this section; (B) a person residing with the person who is the subject of the application; (C) a person who has a child in common with the person who is the subject of the application; (D) a person who is dating or an intimate partner of the person who is the subject of the application; or (E) a person who is the legal guardian or former legal guardian of the person who is the subject of the application, (3) “medical professional” means any person who has examined the person who is the subject of the application and who is (A) a physician or physician assistant licensed under chapter 370, (B) an advanced practice registered nurse licensed under chapter 378, (C) a psychologist licensed under chapter 383, or (D) a clinical social worker licensed under chapter 383b, and (4) “deadly weapon” has the same meaning as provided in section 53a-3.

(P.A. 99-212, S. 18; P.A. 13-3, S. 33; P.A. 21-67, S. 1; P.A. 23-89, S. 1.)

History: P.A. 13-3 made provisions re seizure and transfer of firearms applicable to ammunition, added Subsec. (f) defining “ammunition” and made technical changes; P.A. 21-67 added language re other deadly weapons and made technical and conforming changes throughout, substantially revised Subsec. (a) by adding language re issuance of a risk protection order, deleting existing Subdivs. (1) and (2) designators, redesignating existing language re person possessing firearms or deadly weapons as Subdiv. (1), redesignating existing Subdiv. (3) as Subdiv. (2), making issuance of a warrant mandatory and adding language re notice to the Commissioner of Emergency Services and Public Protection in same, added new Subsec. (b) re risk protection orders, redesignated existing Subsec. (b) as Subsec. (c) and added language re risk protection orders and provided that a copy of the order and warrant be given to the person within a reasonable time and that accompanying notice include court clerk's telephone number for information on time of hearing in same, redesignated existing Subsec. (c) as Subsec. (d)(1) and required the police agency that executed the warrant to file a copy with the court clerk and state's attorney's office in same, added Subsec. (d)(2) re risk protection orders, redesignated existing Subsec. (d) as Subsec. (e) and added language re risk protection orders, reference to Subsec. (f) re termination of order and requirement items seized be returned as soon as practicable following termination of order, proviso re person otherwise legally able to possess items and language re burden of proof for state in same, added new Subsec. (f) re continuation of order and warrant, added Subsec. (g) re removal or cancellation of record of order, redesignated existing Subsec. (e) as Subsec. (h) and specified that a transfer be to a federally licensed firearm dealer rather than any person eligible to possess such firearm or ammunition in same, added Subsec. (i) prohibiting the Commissioner of Emergency Services and Public Protection or local police department holding firearms or ammunition from destroying such items until 1 year has passed from termination of warrant and redesignated existing Subsec. (f) as Subsec. (j) and designated definition of “ammunition” as Subdiv. (1) and added Subdivs. (2) to (4) defining “family or household member”, “medical professional” and “deadly weapon” in same, effective June 1, 2022; P.A. 23-89 limited applicability to persons 18 of age or older, changed from 2 to 1 the number of police officers required if seeking a risk protection order and added language retaining requirement for 2 police officers if seeking a warrant and made technical and conforming changes throughout, amended Subsec. (a) by adding provision re good faith belief in the case of a person already prohibited from acquiring or possessing a firearm, amended Subsec. (c) by separating provisions re issuance of an order from issuance of a warrant, deleting provision re issuance of order regardless of whether person is already prohibited from possessing a firearm, replacing language re service within a reasonable time to not later than 3 days prior to the hearing, amended Subsec. (e) by replacing 14 days after service with 14 days after issuance, “or execution of a warrant” with “and, if applicable, a warrant” and “legally able” with “legally eligible”, effective June 29, 2023.

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Sec. 29-38m. Sale of ammunition or ammunition magazine. (a) For the purposes of this section and sections 29-38n to 29-38p, inclusive, “ammunition” means a loaded cartridge, consisting of a primed case, propellant or projectile, designed for use in any firearm, “firearm” has the meaning provided in section 53a-3, and “magazine” means any firearm magazine, belt, drum, feed strip or similar device that accepts ammunition.

(b) No person, firm or corporation shall sell ammunition or an ammunition magazine to any person under eighteen years of age.

(c) No person, firm or corporation shall sell ammunition or an ammunition magazine to any person 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 firearms at retail issued pursuant to subsection (a) of section 29-28, a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or a valid long gun eligibility certificate issued pursuant to section 29-37p and presents to the transferor such permit or certificate, or unless such person holds a valid ammunition certificate issued pursuant to section 29-38n and presents to the transferor such certificate and such person's motor vehicle operator's license, passport or other valid form of identification issued by the federal government or a state or municipal government that contains such person's date of birth and photograph.

(d) The provisions of subsections (b) and (c) of this section shall not apply to the sale of ammunition to (1) the Department of Emergency Services and Public Protection, police departments, the Department of Correction, the Division of Criminal Justice, the Department of Motor Vehicles, the Department of Energy and Environmental Protection or the military or naval forces of this state or of the United States; (2) a sworn and duly certified member of an organized police department, the Division of State Police within the Department of Emergency Services and Public Protection or the Department of Correction, a chief inspector or inspector in the Division of Criminal Justice, a salaried inspector of motor vehicles designated by the Commissioner of Motor Vehicles, a conservation officer or special conservation officer appointed by the Commissioner of Energy and Environmental Protection pursuant to section 26-5, or a constable who is certified by the Police Officer Standards and Training Council and appointed by the chief executive authority of a town, city or borough to perform criminal law enforcement duties, for use by such sworn member, inspector, officer or constable in the discharge of such sworn member's, inspector's, officer's or constable's official duties or when off duty; (3) a member of the military or naval forces of this state or of the United States; (4) a nuclear facility licensed by the United States Nuclear Regulatory Commission for the purpose of providing security services at such facility, or any contractor or subcontractor of such facility for the purpose of providing security services at such facility; or (5) a federally licensed firearm manufacturer, importer, dealer or collector.

(e) Any person who violates any provision of this section shall be guilty of a class D felony.

(P.A. 13-3, S. 14; 13-220, S. 19; P.A. 23-53, S. 14.)

History: P.A. 13-3 effective April 4, 2013; P.A. 13-220 amended Subsec. (d) to substantially revise list of persons to whom provisions of Subsec. (c) are not applicable, effective June 18, 2013; P.A. 23-53 amended Subsec. (c) by deleting obsolete effective date language and replacing provision re permit to sell at retail a pistol or revolver with provision re permit to sell firearms at retail and amended Subsec. (d) by adding reference to Subsec. (b).

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Sec. 29-38q. Child posing risk of imminent personal injury to others. Firearms or other deadly weapons or ammunition. Warrant for seizure. (a) Upon complaint on oath by any assistant state's attorney or by any two police officers, to any judge of the Superior Court, that such assistant state's attorney or police officers have probable cause to believe that a child under eighteen years of age poses a risk of imminent personal injury to other individuals and that such child possesses one or more firearms or other deadly weapons and such firearm or firearms or other deadly weapon or deadly weapons are within or upon any place, thing or person, such judge may issue a risk warrant commanding a police officer to enter into or upon such place or thing, search the same or the child and take into such officer's custody any and all firearms and other deadly weapons and ammunition. Such assistant state's attorney or police officers shall not make such complaint unless such assistant state's attorney or police officers have conducted an independent investigation and determined that such probable cause exists and that there is no reasonable alternative available to prevent such child from causing imminent personal injury to others with such firearm or firearms or deadly weapon or deadly weapons.

(b) (1) Any family or household member or medical professional who has a good faith belief that a child poses a risk of imminent personal injury to another person and such child possesses one or more firearms or other deadly weapon or deadly weapons and such firearm or firearms or other deadly weapon or deadly weapons are within or upon any place, thing or person, may make an application for a risk warrant with any clerk of the court for juvenile matters. The application and accompanying affidavit shall be made under oath and indicate: (A) The factual basis for the applicant's belief that such child poses a risk of imminent personal injury to another person; (B) the factual basis for the applicant's belief that such child possesses one or more firearms or deadly weapons; and (C) where any such firearm or other deadly weapon or ammunition is located, if known.

(2) Upon receipt of an application and affidavit pursuant to this subsection, if the court finds that there is a good faith belief that a child poses a risk of imminent personal injury to another person and possesses one or more firearms or deadly weapons, the court shall order a risk warrant investigation to determine if the child who is the subject of the application poses a risk of imminent personal injury to another person and that the child possesses one or more firearms or deadly weapons. Upon issuance by the court of an order for a risk warrant investigation, the court shall immediately give notice of the order and transmit the order and the application and affidavit on which the order is based to the law enforcement agency for the town in which the child who is the subject of the investigation resides.

(3) Upon receipt of a risk warrant investigation order of a child, the law enforcement agency shall immediately investigate whether the child who is the subject of the investigation poses a risk of imminent personal injury to another person and whether the child possesses one or more firearms or deadly weapons. If the law enforcement agency determines that there is probable cause to believe that the child who is the subject of the investigation poses a risk of imminent personal injury to another person and the child possesses one or more firearms or deadly weapons, such law enforcement agency shall seek a risk warrant pursuant to subsection (a) of this section not later than twenty-four hours after receiving the risk warrant investigation order or, if the law enforcement agency needs additional time to complete the investigation, as soon thereafter as is practicable. If the law enforcement agency determines that there is no probable cause to believe that the child who is the subject of the investigation poses a risk of imminent personal injury to another person and that the child who is the subject of the investigation possesses one or more firearms or deadly weapons, the law enforcement agency shall notify the court and the applicant of such determination, in writing, not later than forty-eight hours after receiving the investigation order, if practicable, or, if the law enforcement agency needs additional time to complete the risk warrant investigation, as soon thereafter as is practicable.

(c) A risk warrant may issue only on an affidavit sworn to by the complainant before the judge and establishing the grounds for issuing the warrant, which shall be part of the juvenile court file. The file shall be considered a record of a juvenile matter and shall have the same confidentiality protections applicable to juvenile matters involving delinquency pursuant to subsections (c) and (d) of section 46b-124. In determining whether there is probable cause for a risk warrant, the judge shall consider: (1) Recent threats or acts of violence by such child directed toward other persons; and (2) recent acts of cruelty to animals as provided in subsection (b) of section 53-247, by such child. In evaluating whether such recent threats or acts of violence constitute probable cause to believe that such child poses a risk of imminent personal injury to others, the judge may consider other factors, including, but not limited to, (A) the reckless use, display or brandishing of a firearm or other deadly weapon by such child, (B) a history of the use, attempted use or threatened use of physical force by such child against other persons, (C) prior involuntary confinement of such child in a hospital for persons with psychiatric disabilities, and (D) the illegal use of controlled substances or abuse of alcohol by such child. If the judge is satisfied that the grounds for the complaint exist or that there is probable cause to believe that such grounds exist, the judge shall issue a risk warrant naming or describing the child, and the place or thing to be searched. The warrant shall be directed to any police officer of a regularly organized police department or any state police officer. The warrant shall state the grounds or probable cause for issuance and shall command the officer to search within a reasonable time the child, place or thing named for any and all firearms and other deadly weapons and ammunition. A copy of the warrant shall be served upon the child and the child's parent or guardian named in the warrant not later than three days before the hearing scheduled pursuant to subsection (e) of this section, together with a notice informing the child and the child's parent or guardian that such child has the right to a hearing and the right to be represented by counsel at the hearing. If the child and the child's parent or guardian are unable to afford counsel, counsel shall be appointed on behalf of the child if determined indigent and eligible in accordance with the provisions of chapter 887 for the purposes of proceedings pursuant to this section in the juvenile court.

(d) The municipal or state police agency that executed the warrant shall file a copy of the application for the warrant and all affidavits upon which the warrant is based with the clerk of the juvenile court serving the town where the child resides and with the assistant state's attorney's office for such juvenile court not later than the next business day following the execution of the warrant. The clerk of the juvenile court shall not disclose any information pertaining to the application for the warrant or any affidavits upon which the warrant is based. The warrant shall be executed and returned with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all firearms and other deadly weapons and ammunition seized.

(e) Not later than fourteen days after the issuance of a warrant under this section, the juvenile court serving the town where the child named in the risk warrant resides shall hold a hearing to determine whether the firearm or firearms or other deadly weapon or deadly weapons and ammunition should be returned to the rightful owner of any such firearm, deadly weapon or ammunition, or, if the state should continue to hold any such firearm, deadly weapon or ammunition. The judge hearing the matter may exclude from the room in which such hearing is held any person whose presence, in the court's opinion, is not necessary pursuant to subsection (b) of section 46b-122. At such hearing, the state shall have the burden of proving all material facts by clear and convincing evidence. If, after such hearing, the court finds by clear and convincing evidence that the child poses a risk of imminent personal injury to another person, the court may order that the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized pursuant to the warrant issued under subsection (a) of this section continue to be held by the state until further order of the court.

(f) If the court finds that the state has failed to prove by clear and convincing evidence that the child poses a risk of imminent personal injury to another person and that the child possesses one or more firearms or deadly weapons, the court shall order the firearm or firearms or other deadly weapon or deadly weapons and any ammunition seized to be returned as soon as is practicable to the rightful owner of any such firearm, deadly weapon or ammunition, provided such owner is otherwise legally eligible to possess such items.

(g) For the purposes of this section, “ammunition”, “family or household member” and “medical professional” have the same meanings as provided in subsection (j) of section 29-38c and “deadly weapon” has the same meaning as provided in section 53a-3.

(P.A. 23-89, S. 2.)

History: P.A. 23-89 effective June 29, 2023.

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