New OLR Report

Elections matter, and unless we win, the carry laws we now exercise may be at risk. This very recent report by the state Office of Legislative Research is an indicator that the firearm carry laws in CT are potentially up for debate in the 2017 session of the Connecticut General Assembly.

While we do not know for certain which state official requested this report, we are certain it was not someone that is friendly towards the 2nd Amendment.

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olr-2016-r-0164
PERUTA V. SAN DIEGO
By: Veronica Rose, Chief Analyst


ISSUE
You asked for a summary of Peruta v. San Diego (824 F.3d 919), in which the Ninth Circuit Court of Appeals considered whether the 2nd Amendment includes the right to carry concealed firearms in public.

SUMMARY
The 2nd Amendment states that “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed” (U.S. Const. Amend. II). By a seven to four margin, the Ninth Circuit Court of Appeals held in Peruta v. San Diego (824F. 3d 919) that the 2nd Amendment “does not preserve or protect the right of a member of the general public to carry concealed firearms in public” (Peruta at 924).

In this case, residents of two California counties were denied a license to carry concealed firearms because they did not show good cause under their counties’ policies to carry concealed firearms. They sued, contending that the good cause requirement as defined by the counties’ policies violated their right to bear arms under the 2nd Amendment. The district court granted summary judgment, holding that the counties’ policies do not violate the 2nd Amendment. A divided Ninth Circuit three-member panel initially reversed the decisions but the Ninth Circuit later granted rehearing by the full court (en banc).

On rehearing, the en banc court conducted similar historical analysis as the U.S. Supreme Court conducted in Heller (District of Columbia v. Heller, 554 U.S. 570 (2008)) and McDonald (McDonald v. City of Chicago, 561 U.S. 742 (2010)). The court said that “an overwhelming majority of the states to address the question. . . understood the right to bear arms, under both the Second Amendment and their state constitutions, as not including a right to carry concealed weapons in public” (Peruta at 936). Given the volume and consistency of historical data on the question, the court held that the “Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public” (id. at 924).

Like the U.S. Supreme Court did in Heller, the court left unanswered the question of whether the 2nd Amendment protects some ability to carry firearms in public (id. at 927). The court expressly stated that the 2nd Amendment “may or may not protect, to some degree, a right of a member of the general public to carry firearms in public. But the existence . . . and scope of such a right, are separate from and independent of the question presented here.”

According to the principal dissent, members of the general public have a constitutional right to carry firearms outside of the home for self-defense, and California’s restrictions on open and concealed carry, considered together, violate the 2nd Amendment.

BACKGROUND
With some exceptions, California’s current statutory scheme generally prohibits anyone from carrying concealed firearms (loaded or unloaded) in public. One exception allows concealed carry under a license (Cal. Penal Code §§ 25850, 26350, 25400.) To obtain a license, an applicant must (among other things) show “good cause,” as determined by the county sheriff or police department, as applicable (Cal. Penal Code §§ 25655 & 26160).

San Diego County defines “good cause” as “a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm’s way. Simply fearing for one’s personal safety alone is not considered good cause.” Yolo County does not define good cause but the county’s policy requires valid reasons for requesting a license and gives examples of what would be considered good cause and what would not. “Self-protection and protection of family (without credible threats of violence)” are not considered good cause. On the other hand, “victims of violent crime and/or documented threats of violence” would satisfy the good cause requirement.

CASE FACTS AND PROCEDURAL HISTORY
In 2009, plaintiffs Edward Peruta, a resident of San Diego County, and Adam Richards, a resident of Yolo County, were denied licenses to carry concealed firearms because they did not show good cause under their respective county’s policy. Along with other plaintiffs, they brought separate suits, challenging the denials on 2nd Amendment grounds.

The district court, in each case, granted summary judgment in favor of the counties, holding that their policies were constitutional (Peruta v. Cty. of San Diego, 758 F.Supp.2d 1106 (S.D. Cal. 2010); Richards v. Cty. of Yolo, 821 F.Supp.2d 1169 (E.D. Cal. 2011)). In upholding the counties’ restrictions, the district court relied on the fact that, at the time the counties denied the concealed weapons permits, it was legal to carry handguns openly in California under the Penal Code § 1203(g).

Plaintiffs appealed, and while the appeal was pending, California repealed its open carry law and enacted broad legislation prohibiting open carry of handguns in public locations. A three-judge panel of the Ninth Circuit, in Peruta, found San Diego County’s policy unconstitutional, holding that the 2nd Amendment requires that “the states permit some form of carry for self-defense outside the home” (Peruta v. Cty. of San Diego, 742 F.3d 1144, 1172 (9th Cir. 2014)). In arriving at its decision, the panel considered the change in California law, which had the effect of generally prohibiting individuals from carrying handguns—whether loaded or unloaded—in public locations. Based on the Peruta decision, the Richards panel held Yolo County’s policy unconstitutional (Richards v. Prieto, 560 F App’x 681 (9th Cir. 2014)).

The Ninth Circuit subsequently granted a rehearing by the full court.

MAJORITY OPINION
The question before the en banc court was whether the 2nd Amendment protects someone’s ability to carry concealed firearms in public. Plaintiffs contended that (1) the 2nd Amendment guarantees the general public at least some ability to carry firearms in public; (2) California’s restrictions on concealed and open carry of firearms, taken together, violate the 2nd Amendment; and (3) there would be sufficient opportunity for public carry of firearms to satisfy the amendment if the good cause requirement for concealed carry, as interpreted by the sheriffs, were eliminated (Peruta at 927).

Like the Supreme Court in Heller and McDonald, the en banc court engaged in extensive historical inquiry. It conducted an extensive review of firearm regulations as they existed in England before the 2nd Amendment was ratified. Likewise, it analyzed concealed carry laws that predated the Constitution and post-Amendment state court decisions.

According to the court, “the history relevant to both the Second Amendment and its incorporation by the Fourteenth Amendment lead to the same conclusion: the right of a member of the general public to carry a concealed firearm is not and never was protected by the Second Amendment” (Peruta at 929).
The court stated the following:
1. Under English law, the carrying of concealed weapons was consistently prohibited since at least 1541.
2. Concealed carry was consistently forbidden in the American colonies and was consistently forbidden by the states (with the sole and short-lived exception of Kentucky) both before and after the Civil War.
3. In the years after the adoption of the 2nd Amendment but before the adoption of the 14th Amendment, the state courts that considered the question nearly universally concluded that laws forbidding concealed weapons were consistent with both the 2nd Amendment and their state constitutions.
4. “In the decades immediately after the adoption of the Fourteenth Amendment, all of the state courts that addressed the question upheld the ability of their state legislatures to prohibit concealed weapons” (Peruta at 939).
5. The U.S. Supreme Court (Robertson v. Baldwin, 165 U.S. 275 (1897)) unambiguously stated in 1897 that the 2nd Amendment protection does not extend to the carrying of concealed weapons. . . . and “the right of the people to keep and bear arms is not infringed by laws prohibiting the carrying of concealed weapons” (Peruta at 939, 940).

Given the volume of and consistency of state court rulings, the en banc Peruta court held ”that the Second Amendment right to keep and bear arms does not include, in any degree, the right of a member of the general public to carry concealed firearms in public (id. at 939).”
The court further stated that:
Because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry—including a requirement of “good cause,” however defined—is necessarily allowed by the Amendment. There may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public. The Supreme Court has not answered that question, and we do not answer it here (id. at 939).

The court also stated that:
even construing the Second Amendment as protecting the right of the general public to carry a firearm in public, and even assuming that California’s restrictions on public open carry violate the Second Amendment so construed, it does not follow that California’s restrictions on public concealed carry violate the Amendment (id. at 941, 942).

In a separate concurring opinion, Judge Graber wrote that even assuming “the Second Amendment applied to concealed carry of firearms in public, the challenged laws and defendants’ actions survive heightened scrutiny and did not violate the constitution” (id. at 945). Judge Graber was joined in the dissent by Judge McKeown and Judge Thomas.

THE DISSENT
To the seven-member majority, the only legal issue was whether carrying concealed firearms is, in itself, a 2nd Amendment right as the right has been traditionally understood. But the four dissenting judges said the full legal context should have been considered.

According to the main dissent, by Judge Callahan, Heller “addressed concealed carry restrictions and instructed that those restrictions be evaluated in context with open-carry laws to ensure that the government does not deprive citizens of a constitutional right by imposing incremental burdens” (id. at 946, citing Heller, 554 U.S. at 629).

Judge Callahan said members of the general public have a 2nd Amendment right to carry firearms in public for general defense, and (1) “any fair reading of Heller and McDonald compels the conclusion that the right to keep and bear arms extends beyond one’s front door,” and (2) the history of the 2nd Amendment indicates that the right to bear arms applies outside the home (Peruta at 946, 947).

He said that “in the context of California’s choice to prohibit open carry, the counties’ policies regarding the licensing of concealed carry are tantamount to complete bans on the Second Amendment right to bear arms outside the home for self-defense, and are therefore unconstitutional” (id. at 950). But, according to Callahan, “even if the counties’ policies in light of the California laws prohibiting open carry were not tantamount to complete bans, the proper remedy would be to remand to the district courts” (id. at 951). Judge Smith concurred in a separate opinion.

In addition to the four-judge dissent, dissenting Judge Silverman wrote a separate dissent, joined by Judge Bea. He argued that the near-total refusal of some counties to issue carry permits could not pass any form of scrutiny. According to this dissent, licensed carry may or may not reduce violent crime in a statistically significant way, but it certainly does not increase crime; licensees are far more law-abiding than the general population.

VR:bs

You may download a copy of the OLR Report here: OLR Report – Peruta v San Diego (pdf)

OLR Report On SB1160

Until CCDL can review and break down the actual signed law, I’m going to post the report from the Connecticut Office of Legislative Research about the gun control bill due to be signed into law today, so people can get an idea of what Governor Malloy will sign into law today. It’s still quite long, so if you want to see it just click “continue reading”
Continue reading

OLR Report On 2013 Gun Bills

This is a report from the Connecticut General Assembly’s Office of Legislative Research. They come up with a slightly lower number of bills then we did, but it looks like the info is a few weeks old. Still it’s an interesting read. The original can be found here.

 

OLR Research Report

 

     
February 6, 2013   2013-R-0118
GUN-RELATED BILLS
 
By: Christopher Reinhart, Chief Attorney

You asked us (1) for a list of gun-related bills proposed this session and their sponsors and (2) to list the bills by category.

SUMMARY

We identified 90 gun-related bills proposed as of January 30, 2013. We divided these bills into the following categories (many bills contain provisions that overlap multiple categories):

1. Ammunition (22 bills),

2. Assault Weapons (15 bills),

3. Crimes/Sentencing (15 bills),

4. Insurance/Liability (five bills),

5. Permits and Eligibility Certificates (24 bills),

6. Registries (seven bills),

7. Storage (nine bills),

8. Transactions (29 bills), and

9. Other (eight bills).

Table 1 shows the bills in each category by number, title, and introducing legislators (not including any other sponsors). We briefly summarize each bill only once under the category most relevant to its provisions. At the end of each category, we list bills with relevant provisions that are listed in other categories. We did not include bills related to hunting, mental health, school security, or violent crime unless the bills specifically address use of guns.

For more information on Connecticut gun laws and terms used in this report, see OLR Report 2013-R-0001.

2013 GUN-RELATED PROPOSED BILLS

Table 1: Gun-Related Proposed Bills as of January 30, 2013,

By Category, with Title, Subject, and Introducing Legislator

 

       
BILL TITLE SUMMARY INTRODUCER
AMMUNITION
42 AAC THE CRIMINAL POSSESSION OF AMMUNITION Prohibits a person who cannot possess a firearm from possessing ammunition Sen. Looney
124 AA BANNING LARGE CAPACITY AMMUNITION MAGAZINES Prohibits the possession of certain ammunition feeding devices that accept more than 10 rounds Sens. LeBeau, McKinney
161 AAC THE REDUCTION OF GUN VIOLENCE

● Prohibits the possession of certain ammunition feeding devices that accept more than 10 rounds

● Designates as an assault weapon a rifle that has one, rather than two, of the features currently required

● Requires a permit for any rifle with a pistol grip

● Exempts from these provisions certain firearms that are curios or relics

● Requires a person to obtain a permit to purchase ammunition and prohibits the purchase of ammunition by anyone not legally authorized to possess a firearm

● Prohibits the purchase of ammunition through the Internet

● Prohibits the storage of any firearm, rather than only a loaded firearm, in a manner that allows access to a minor; extends this provision to minors under age 18 instead of 16; and applies it to storage of ammunition

● Requires individuals to register all firearms with state law enforcement officials with biennial renewal

Sen. Bye, Rep. Godfrey
540 AAC LARGE CAPACITY GUN MAGAZINES Limits the number of bullets one gun magazine can hold Sen. Ayala
608 AA PROHIBITING THE POSSESSION, IMPORTATION, TRANSFER OR SALE OF CERTAIN TYPES OF UNREASONABLY DANGEROUS AMMUNITION Prohibits the possession, importation, transfer, or sale of all armor piercing and incendiary bullets, rather than only .50 caliber bullets Sen. Looney
613 AAC GUN VIOLENCE

● Prohibits the sale and possession of large ammunition magazines

● Establishes permit requirements for ammunition purchases

● Alters the definition of assault weapon

● Establishes stricter standards for pistol and revolver permits and purchases

● Establishes a gun offender registry

Sens. Looney and Harp; Reps. Candelaria, Dillon, Holder-Winfield, Lemar, Megna, and Walker
676 AAC LARGE CAPACITY FIREARM MAGAZINES AND SIMILAR DEVICES Prohibits the possession, sale, transfer, or importation of any device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition Sen. Looney
781 AA REQUIRING PRESENTATION OF A STATE PISTOL OR REVOLVER PERMIT TO PURCHASE AMMUNITION Requires a person to present a valid, state-issued permit to carry a pistol or revolver in order to purchase ammunition Sen. Looney
5651 AAC THE PURCHASE OR POSSESSION OF AMMUNITION Prohibits those who cannot possess a firearm from purchasing or possessing ammunition Rep. Hwang
5935 AAC THE PURCHASE AND STORAGE OF FIREARMS

● Requires mental health screening of individuals seeking to purchase firearms and their immediate family members sharing a residence

● Requires firearm target ranges to have secure locking cases or safes for storing semiautomatic firearms and assault rifles

● Requires firearm owners to have secure locking cases or safes for their firearms when not in use

● Requires any firearm not being carried to be stored at a target range or at the owner’s home in a secure locking case or safe

● Prohibits the purchase, sale, use, and transfer of magazines holding more than seven rounds

● Establishes a task force of legal scholars and jurists to examine the meaning of a “well-regulated militia” and report to the General Assembly on a proposed definition

● Requires a criminal background check of ammunition purchasers

● Prohibits the purchase of a firearm by a person convicted of cruelty to animals

Rep. Fleischmann
5949 AAC POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES Prohibits the possession of certain ammunition feeding devices that accept more than 10 rounds Rep. O’Neill
5950 AA REDUCING THE INCIDENCE OF GUN VIOLENCE

● Prohibits the possession of certain ammunition feeding devices accepting more than 10 rounds

● Designates a semiautomatic rifle as an assault weapon if it has only one, instead of two, of the features required by current law

● Requires a permit for any rifle with a pistol grip

● Exempts certain firearms that are curios or relics from these provisions

● Requires a permit to purchase ammunition and prohibits the purchase by anyone not legally authorized to possess a firearm

● Prohibits the purchase of ammunition through the Internet

● Prohibits the storage of any firearm, rather than only a loaded firearm, in a manner that allows access to a minor; extends this provision to minors under age 18 instead of 16; and applies it to storage of ammunition

● Requires individuals to register all firearms with law enforcement and renew biennially

Rep. Godfrey, Sen. Bye
5955 AAC THE SALE AND MANUFACTURE OF CERTAIN FIREARM MAGAZINES Prohibits the sale or manufacture of magazines with a capacity of 10 rounds or greater except for military or police purposes Reps. Grogins, Fawcett
6246 AAC THE SALE OF AMMUNITION FOR A PISTOL OR REVOLVER Prohibits the sale of ammunition for a pistol or revolver unless the buyer has a valid permit to carry a pistol or revolver or a valid eligibility certificate Reps. Grogins, Fawcett
The following categories also contain bills with provisions on ammunition:

Assault Weapons—5647, 6215

Crimes/Sentencing—122

Permits and Eligibility Certificates—6249, 6260

Transactions—1, 5951, 6216

ASSAULT WEAPONS
501 AAC THE BAN ON ASSAULT WEAPONS Expands the assault weapon ban to include additional weapons Sen. Ayala
601 AAC THE DEFINITION OF ASSAULT WEAPON Expands the definition of assault weapon by (1) altering the physical characteristics of an assault weapon, (2) including “copycat” or functional equivalents of weapons named as assault weapons, and (3) naming additional weapons and their equivalents Sen. Looney
742 AAC REBUILT ASSAULT WEAPONS Prohibits a person from bypassing the assault weapons ban by rebuilding, with updated parts, an assault weapon that is exempt from the ban because it was lawfully possessed prior to October 1, 1993 Sen. McLachlan
5647 AAC HIGH CAPACITY FIREARMS

● Prohibits the possession of fully automatic or semiautomatic assault weapons except by peace officers and armed forces member

● Prohibits the possession of large capacity ammunition feeding devices that hold more than 10 rounds

● Provides fair compensation to owners of banned weapons (presumably if required to surrender the weapons after they are banned)

Rep. Mushinsky
5953 AAC THE PENALTY FOR ILLEGAL POSSESSION OF AN ASSAULT WEAPON Increases the penalty for illegal possession of an assault weapon from a class D felony to a class C felony Rep. Candelaria
5954 AAC THE POSSESSION OF SEMIAUTOMATIC FIREARMS WITH FIXED MAGAZINE CAPACITIES OF OVER TEN ROUNDS Prohibits the possession of a semiautomatic firearm with a fixed magazine capacity of over 10 rounds Rep. O’Neill
6215 AA LIMITING THE POSSESSION OF ASSAULT WEAPONS AND HIGH CAPACITY MAGAZINES Limits ownership of automatic and semiautomatic assault weapons and high capacity magazines to sworn members of law enforcement, active armed forces members, and members of shooting clubs that agree to monitor use Rep. Mushinsky
The following categories also contain bills with provisions on assault weapons:

Ammunition—161, 613, 5950

Crimes/Sentencing—495

Insurance/Liability—6261

Permits and Eligibility Certificates—6260

Transactions—1, 6216

CRIMES/SENTENCING
122 AAC RESTRICTIONS ON GUN USE Establishes a class C felony, except for certain military and law enforcement personnel and certain gun clubs, for (1) purchasing, transferring, transporting, possessing, or using a gun except one made to fire a single round; (2) firing a gun containing more than a single round; (3) receiving from another jurisdiction a gun made to fire multiple rounds; or (4) purchasing, transferring, transporting, or possessing a magazine or clip capable of holding more than one round Sen. Meyer
495 AAC COMMISSION OF CERTAIN FELONIES WITH A FIREARM OR ASSAULT WEAPON Increases the penalty for committing a class A, B, or C felony with a firearm or assault weapon Sen. Bartolomeo; Reps. Abercrombie, Altobello, Fawcett
496 AA PROHIBITING THE AWARD OF RISK REDUCTION CREDIT TOWARD A REDUCTION IN SENTENCE FOR A CRIME COMMITTED WITH A FIREARM Prohibits any person sentenced for a crime involving use of a firearm from earning risk reduction credits to reduce a prison sentence Sen. Kissel
612 AAC THE PENALTY FOR ILLEGAL POSSESSION OR TRANSFER OF A FIREARM Increases the penalty for the illegal possession of a firearm or illegal transfer of a firearm to a person not eligible to possess one Sen. Frantz
615 AA PROHIBITING THE DISCHARGE OF FIREARMS NEAR PRIVATE RESIDENCES Establishes a criminal penalty for discharging a firearm within 500 feet of a private residence Sen. Guglielmo
679 AAC THE PENALTY FOR FALSE STATEMENT OR INFORMATION IN CONNECTION WITH THE SALE OR TRANSFER OF FIREARMS Increases the penalty for making a false statement or giving false information connected with the transfer of a firearm Sen. Kissel
740 AA INCREASING THE PENALTIES FOR STRAW PURCHASES OF FIREARMS Increases the penalties for purchasing a firearm with the intent to transfer it to someone the transferor knows or has reason to believe is prohibited from purchasing or possessing it Sen. Bartolomeo; Reps. Abercrombie, Altobello, Fawcett, Fritz, Lesser, and Mushinsky
743 AAC CRIMES COMMITTED WITH FIREARMS For crimes committed with a firearm, increases, by 25%, the sentence applicable to the underlying crime Sen. Frantz
5269 AA INCREASING THE PENALTY FOR CRIMINAL USE OF A FIREARM OR ELECTRONIC DEFENSE WEAPON Increases the penalty for criminal use of a firearm or electronic defense weapon from a class D to a class C felony Rep. Sampson
5656 AAC THE PENALTY FOR A CRIME COMMITTED WITH A FIREARM Increases the mandatory minimum prison sentence for a person who, in the commission of a crime, uses, threatens to use, displays, or purports to have a firearm Rep. Mikutel
5676 AA INCREASING THE MINIMUM PENALTY FOR ILLEGALLY SELLING OR POSSESSING A FIREARM Increases the minimum penalties for illegally selling or possessing a firearm Reps. Cafero, Candelora, Klarides
5952 AAC THE PENALTY FOR CRIMINAL POSSESSION OF A FIREARM OR ELECTRONIC DEFENSE WEAPON Increases the penalty for criminal possession of a firearm or electronic defense weapon from a class D felony to a class C felony Rep. Sampson
6134 AAC THE EARNED RISK REDUCTION CREDIT PROGRAM Prohibits a person convicted of certain crimes, including several crimes involving firearms such as 1st degree manslaughter with a firearm, from earning these credits to reduce a person’s sentence Reps. Cafero, Candelora, Klarides
The following categories also contain bills with provisions on crimes/sentencing:

Assault Weapons—5953

Permits and Eligibility Certificates—6249

INSURANCE/LIABILITY
140 AAC LIABILITY INSURANCE FOR FIREARM OWNERS AND SALES TAX ON AMMUNITION

● Requires firearm owners to maintain liability insurance

● Establishes a sales tax on the sale of ammunition at a rate of 50% on the entire sales price, except for sales at a firing or shooting range for use at the range during the same visit as the purchase

Sen. Bye, Rep. Godfrey
5268 AA REQUIRING THE MAINTENANCE OF LIABILITY INSURANCE BY FIREARM OWNERS AND ESTABLISHING A SALES TAX ON AMMUNITION

● Requires firearm owners to maintain liability insurance

● Establishes a sales tax on the sale of ammunition at a rate of 50% on the entire sales price, except for sales at a firing or shooting range for use at the range during the same visit as the purchase

Sen. Bye, Rep. Godfrey
5452 AA REQUIRING GUN OWNERS TO CARRY LIABILITY INSURANCE Requires (1) someone seeking to purchase a firearm or ammunition to acquire an insurance policy and present proof of insurance to a firearm dealer, including a licensed gun dealer at a gun show and (2) current firearm owners to obtain insurance Rep. Ritter
5660 AAC IMMUNITY FROM LIABILITY FOR HARM CAUSED TO AN INDIVIDUAL WHO IS COMMITTING VIOLENT ACTS AGAINST OTHERS WHILE ON SCHOOL PROPERTY Provides that no person shall be liable for an injury that he or she causes to another person who is in the process of committing violent acts against others in a gun-free school zone Rep. Miner
6261 AAC LIABILITY WITH RESPECT TO ASSAULT WEAPONS AND FIREARMS Provides civil and criminal liability for property damage or personal injury resulting from:

● failure to report the loss or theft of an assault weapon or firearm or

● providing access to an assault weapon or firearm or transferring one to someone known to be ineligible to possess it

Rep. Buck-Taylor
PERMITS AND ELIGIBILITY CERTIFICATES
377 AAC THE SUSPENSION OR REVOCATION OF PISTOL PERMITS Suspends or revokes a permit to carry a pistol or revolver after an arrest for operating a motor vehicle under the influence Sen. Looney
606 AAC APPLICATION CRITERIA FOR A PERMIT TO CARRY A PISTOL OR REVOLVER Prohibits a person from obtaining a permit to carry a pistol or revolver if he or she was confined in a hospital for persons with psychiatric disabilities within the last 60, instead of the last 12, months as currently required Sen. Looney
607 AAC APPLICATION FOR A TEMPORARY PERMIT TO CARRY A PISTOL OR REVOLVER Requires an individual who applies for a temporary permit to carry a pistol or revolver to apply to the local authority in the person’s town of permanent residence and limits applications to once every 12 months Sen. Looney
611 AAC THE FEE FOR ISSUANCE AND RENEWAL OF A STATE PERMIT TO CARRY A PISTOL OR REVOLVER

● Increases the fee for a permit to carry a pistol or revolver to $300, with $150 retained by the local authority

● Increases the permit renewal fee to $150

Sen. Looney
710 AAC PERMITS FOR GUN SHOWS Creates a gun show permit Sen. Looney
739 AAC THE APPEAL OF FIREARMS PERMITTING DECISIONS Eliminates the Board of Firearms Permit Examiners and allows appeals to Superior Court after a (1) refusal to issue or renew a firearm permit or certificate, (2) limitation or revocation of one, or (3) refusal or failure to furnish an application Sen. Looney
780 AAC SUITABILITY FOR A PISTOL OR REVOLVER PERMIT

● Defines the terms “suitable person” and “suitability” for purposes of pistol and revolver permit eligibility

● Gives local authorities 12 weeks to act on permit applications

● Allows local authorities to require applicants to consent to the release of documents or evidence the authorities reasonably believe will assist in a suitability determination

● Allows local authorities to consider certain factors related to suitability for a permit including psychiatric disabilities, attempted suicide or harm to self, participation or alleged participation in crimes involving violence or the use of a firearm, arrests or convictions or other involvement with controlled substances, criminal arrests and convictions, association with people ineligible for pistol or revolver permits, military service record, incidents of workplace violence, protective or restraining orders or foreign orders of protection issued against the applicant, and allegations of or conviction for cruelty to animals

Sen. Looney
5112 AAC THE DISCLOSURE OF THE NAMES AND ADDRESSES OF PERSONS HOLDING HANDGUN PERMITS Eliminates the exemption from disclosure under the Freedom of Information Act for names and addresses of holders of permits to sell or carry a pistol or revolver or an eligibility certificate for a pistol or revolver Rep. Dargan
5176 AAC THE APPLICATION REQUIREMENTS FOR A TEMPORARY STATE PERMIT TO CARRY A PISTOL OR REVOLVER Requires an applicant for a temporary state permit to carry a pistol or revolver to provide:

● a complete and notarized application on the prescribed form that cannot be modified or supplemented with additional forms,

● proof of lawful presence in the United States,

● a signed certificate of successful completion of a safety course, and

● two sets of fingerprints

Rep. Sampson
5956 AAC RENEWAL OF PISTOL AND REVOLVER PERMITS Requires a renewal of permits to carry a pistol or revolver and eligibility certificates every two, rather than every five, years Reps. Grogins, Fawcett
6129 AAC ELIGIBILITY TO CARRY A PISTOL OR REVOLVER Extends, from 12 to 36 months, the disqualification period for carrying a pistol or revolver due to confinement in a hospital for persons with psychiatric disabilities under a probate court order Reps. Cafero, Candelora, Klarides
6161 AAC INELIGIBILITY FOR A PERMIT TO CARRY A PISTOL OR REVOLVER

● Prohibits a person from obtaining a permit to carry a pistol or revolver if he or she was confined in a hospital for persons with psychiatric disabilities within the last 24, instead of the last 12, months

● Expands the prohibition to include any hospitalization and not just those ordered by a probate court

Rep. Miner
6162 AAC INELIGIBILITY FOR A PERMIT TO CARRY A PISTOL OR REVOLVER BASED ON A PRIOR HOSPITALIZATION

● Prohibits a person from obtaining a permit to carry a pistol or revolver due to confinement in a hospital for persons with psychiatric disabilities within the last 24, instead of the last 12, months

● Expands the prohibition to include any hospitalization and not just those ordered by a probate court

● Expands the prohibition to include any hospitalization of a person in the applicant’s household

Rep. Miner
6244 AAC THE PURCHASE OF LONG GUNS AND LONG GUN AMMUNITION Creates an eligibility certificate for a rifle or shotgun Reps. Grogins, Fawcett
6247 AAC THE DETERMINATION OF THE MENTAL HEALTH STATUS OF AN INDIVIDUAL APPLYING FOR A PISTOL OR REVOLVER CERTIFICATE OR PERMIT Requires the Department of Emergency Services and Public Protection (DESPP) to check with the Department of Mental Health and Addiction Services (DMHAS) to determine whether an applicant for a new or renewed pistol or revolver certificate or permit has been confined in a hospital for persons with psychiatric disabilities by order of a probate court within the previous three years, rather than the previous 12 months Rep. Bolinsky
6249 AAC REQUIREMENTS FOR THE PURCHASE AND STORAGE OF FIREARMS AND AMMUNITION

● Requires a person to have a long gun eligibility certificate to purchase a rifle, shotgun, or other long gun

● Requires that, during the 12 months before renewal of an eligibility certificate or a permit to carry a pistol or revolver, the certificate or permit holder repeat the training course required initially

● Requires applicants for an eligibility certificate or permit to carry a pistol or revolver to acknowledge that applications may be denied due to being identified as at risk in a firearms database

● Increases the fee for renewal of eligibility certificates and permits to $75 with $5 used to promote the safe storage of firearms

● Requires ammunition purchasers to have an eligibility certificate or permit to carry a pistol or revolver before purchase

● Requires people owning firearms to store (1) unloaded firearms with a trigger locking device installed and separately from ammunition and (2) loaded firearms in a gun safe

● Requires any firearm that is not in use in a home be stored in a gun safe if a family member is identified as at risk in a firearms database

● Makes a person who used a firearm while committing a crime or illegally possessed a firearm ineligible for any early release program or parole

Rep. Carter
6260 AAC A MUNICIPAL RESPONSE TO GUN VIOLENCE

● Expands the definition of an “assault weapon” to include weapons banned under California law

● Requires a rifle permit to purchase a rifle, shot gun, or other long gun unless the buyer has a permit to carry or an eligibility certificate

● Allows a town’s first selectman, mayor, or municipal chief executive to designate a chief of police, resident state trooper, or the Connecticut Board of Firearms Permit Examiners as the local authority to issue permits for pistols, revolvers, and rifles

● Grants a right of appeal to the Superior Court for permit issuing authorities whose permit denial is overturned administratively

● Expands the list of criminal offenses that prohibit an individual from obtaining a permit for a pistol, revolver, or rifle

● Alters the enforcement of existing state firearms laws

● Requires an updated background check to be completed on all permit renewals

● Requires a pistol, revolver, or rifle permit to purchase ammunition

● Regulates online purchase and delivery of ammunition

● Prohibits bulk firearm purchase

● Requires trigger locks with each firearm purchase

● Prohibits civilian possession of body armor

Rep. Godfrey, Sen. Bye
The following categories also contain bills with provisions on permits and eligibility certificates:

Ammunition—161, 613, 5950

Transactions—503, 600, 610, 6163

REGISTRIES
207 AA ESTABLISHING A REGISTRY OF FIREARM-RELATED INJURIES AND DEATHS Requires the state police to maintain a registry documenting the circumstances under which people are killed or injured by firearms Sen. Looney
734 AA ESTABLISHING A GUN OFFENDER REGISTRY

● Requires individuals convicted of certain firearms offenses and certain violent crimes with a weapon to register with DESPP and their local law enforcement authority for five years after their release into the community

● Requires these offenders to report to their local law enforcement authority regularly during their registration period

● Limits access to the registry to law enforcement personnel

Sen. Looney
737 AAC THE ESTABLISHMENT OF A GUN OFFENDER REGISTRY Establishes a gun offender registry that would make information about people convicted of certain firearm-related offenses who have been released into the community available to police departments to assist them in gathering information on crimes in their communities Sen. Ayala
6245 AA REQUIRING THE REGISTRATION OF FIREARMS Requires firearm owners to register their firearms with DESPP Reps. Grogins, Fawcett
The following categories also contain bills with provisions on registries:

Ammunition—161, 613, 5950

STORAGE
604 AAC THE SECURE SAFEKEEPING OF FIREARMS Provides that no one store or keep a firearm on premises under his or her control if he or she knows or should know that another person residing in the home presents a danger to himself, herself, or others unless the person keeps the firearm in a securely locked box or container Sen. Frantz
782 AAC SECURE STORAGE OF A FIREARM Expands the requirement to securely store a firearm to include when a resident is ineligible to possess a firearm or receive a permit to carry one Sen. Looney
5654 AAC HOUSEHOLD ACCESS TO FIREARMS BY A PERSON WHO POSES A RISK OF IMMINENT PERSONAL INJURY TO HIMSELF OR OTHERS Permits the police or a state’s attorney to file a complaint with the Superior Court with respect to a person who poses a risk of imminent personal injury to himself, herself, or others when the person is in a household with someone who possesses a firearm Rep. O’Neill
6006 AA REQUIRING GUN STORE OWNERS TO SAFELY SECURE RIFLES Requires gun store owners to safely secure their inventory of rifles Rep. Alexander
6010 AA PROMOTING THE SAFETY AND WELL-BEING OF STATE RESIDENTS

● Requires owners to secure firearms in a locked box or container in the home if a resident is under a conservatorship

● Requires a person to notify police within 24 hours of learning of an imminent threat of harm or death made by a person who has access to firearms or explosive devices

● Imposes duties on mental health professionals

Rep. Mushinsky
The following categories also contain bills with provisions on storage:

Ammunition—161, 5935, 5950

Permits and Eligibility Certificates—6249

TRANSACTIONS
1 AAC THE PROTECTION OF CHILDREN, FAMILIES AND OTHER INDIVIDUALS FROM VIOLENCE

● Strengthens provisions on sale, possession, and transfer of firearms, assault weapons, and ammunition

● Enacts measures to enhance safety in schools, residences, and the community

Sen. Williams
503 AAC STATE AGENCY RESPONSIBILITY WITH RESPECT TO FEDERAL CRIMINAL BACKGROUND CHECK INFORMATION Ensures state agencies timely provide data required for federal criminal background checks Sen. Kissel
505 AAC THE MINIMUM AGE REQUIREMENT TO PURCHASE A RIFLE Requires that an individual must be at least age 21, rather than 18, to purchase a rifle Sen. Ayala
506 AA REQUIRING CRIMINAL BACKGROUND CHECKS FOR ALL PRIVATE FIREARM SALES Requires background checks for private firearm sales to individuals, excluding immediate family members Sen. Frantz
600 AAC THE PURCHASE OF A RIFLE OR SHOTGUN Requires an individual to obtain a permit to purchase a rifle or shotgun Sen. Looney
605 AAC REQUIREMENTS FOR THE PURCHASE OF A RIFLE OR SHOTGUN Establishes the same background check and record-keeping requirements for sales of rifles and shotguns as currently required for pistol or revolver transactions, and extend the requirements to all secondary and private sales, including all gun show sales Sen. Looney
609 AA PROHIBITING THE PURCHASE OF MORE THAN ONE PISTOL OR REVOLVER IN A THIRTY-DAY PERIOD Prohibits an individual from purchasing more than one pistol or revolver within 30 days Sen. Looney
610 AA ELIMINATING THE OPTION OF OBTAINING AN ELIGIBILITY CERTIFICATE FOR A PISTOL OR REVOLVER Eliminates the eligibility certificate for a pistol or revolver and requires a person who purchases a pistol or revolver to first obtain a state permit to carry Sen. Looney
711 AA ESTABLISHING AN AGE RESTRICTION ON THE PURCHASE OF LONG GUNS Prohibits the purchase of firearms other than pistols and revolvers by anyone under age 18, regardless of whether it is a retail purchase Sen. Looney
5937 AA REQUIRING UNIVERSAL BACKGROUND CHECKS ON ALL FIREARM SALES AT GUN SHOWS Requires the seller of a firearm at a gun show to take the necessary steps for a background check on any individual purchasing a firearm Rep. Labriola
5951 AA PROHIBITING THE SALE OF FIREARMS AND AMMUNITION THROUGH THE INTERNET Prohibits the sale of firearms and ammunition through the Internet Rep. Grogins
5957 AA LIMITING THE NUMBER OF PISTOLS OR REVOLVERS AN INDIVIDUAL MAY PURCHASE IN ANY THIRTY-DAY PERIOD Limits the number of pistols or revolvers an individual may purchase in a 30 -day period Rep. Candelaria
6008 AA REQUIRING REPORTING OF FIREARM INVENTORY

● Requires people and entities that sell or manufacture firearms in Connecticut to report their inventory to DESPP

● Requires a licensed seller or manufacturer to prove a legal transfer for firearms that cannot be matched to a legal purchaser or transferee

● Fines sellers or manufacturers who do not comply

Rep. Candelaria
6163 AA CREATING A DATABASE OF INDIVIDUALS WHO ARE PROHIBITED FROM PURCHASING OR POSSESSING A FIREARM DUE TO PSYCHIATRIC OR PSYCHOLOGICAL DISORDER

● Authorizes DESPP to establish a database of the names, addresses, dates of birth, and last four digits of the Social Security numbers of people identified by licensed psychiatrists or psychologists as “at risk” due to psychiatric or psychological disorder

● Makes those identified ineligible to possess or purchase a firearm

● Limits database access to licensed psychiatrists and psychologists, who can delete information based on medical judgments, and state police

Rep. Carter
6216 AAC THE REGULATION OF FIREARMS, ASSAULT WEAPONS AND AMMUNITION

● Strengthens record retention requirements for firearms, assault weapons, and ammunition

● Limits the number of firearms that a person may purchase or receive in a single transaction or within a period of time

● Requires the same background checks for purchases at gun shows as for purchases from federally-licensed firearm dealers

● Limits the sale of ammunition to people eligible to possess firearms

● Designates a weapon as an assault weapon if it has only one of the required functional features instead of two of the functional and nonfunctional features currently required

● Prohibits possession of certain ammunition feeding devices that accept a large number of rounds

Rep. Holder-Winfield
6250 AAC CRIMINAL BACKGROUND CHECKS PRIOR TO THE SALE OR DELIVERY OF FIREARMS OTHER THAN HANDGUNS

● Requires background checks prior to the sale or delivery of any firearms other than pistols or revolvers, regardless of whether sold at retail

● Excludes from the background check and waiting period requirements only peace officers and active U.S. armed forces members

Reps. Grogins, Fawcett
6251 AA REQUIRING FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS PRIOR TO THE SALE, DELIVERY OR TRANSFER OF ALL LONG GUNS Requires background checks before sale, delivery, or transfer of any firearm other than a pistol or revolver Rep. Yaccarino
The following categories also contain bills with provisions on transactions:

Ammunition—5935

Crimes/Sentencing—122, 612, 679, 740, 5676

Insurance/Liability—140, 5268, 5452, 6261

Permits and Eligibility Certificates—6249, 6260

OTHER
277 AAC SCHOOL DISTRICT POLICIES REGARDING THE CARRYING OF FIREARMS IN PUBLIC SCHOOLS Permits boards of education to adopt policies regarding the carrying of firearms in public schools Sen. Kissel
299 AAC COMMUNICATION AMONG STATE AND LOCAL POLICE DEPARTMENTS DURING ACTIVE-SHOOTER INCIDENTS Requires the state police to use the Connecticut Statewide Police Emergency Network to notify all local police departments of any ongoing shooting incident at a school, shopping mall, or other heavily populated location Sen. Kane
5179 AAC ACCESS TO THE INTERACTIVE VOICE RESPONSE SYSTEM OF THE SPECIAL LICENSING AND FIREARMS UNIT OF THE DIVISION OF STATE POLICE Requires the Special Licensing and Firearms Unit of the state police to provide firearm dealers access to the unit’s interactive voice response system at all times, including on non-business days, to obtain firearm sale authorization numbers Rep. Hovey
5934 AAC THE FEASIBILITY OF OUTFITTING FIREARMS WITH BIOMETRIC READING DEVICES Requires the Connecticut Academy of Science and Engineering to study the feasibility of outfitting firearms sold in Connecticut with biometric reading devices that permit only the owner of a firearm to use it Rep. O’Neill
6013 AAC THE USE OF HAND-HELD METAL DETECTORS BY PEACE OFFICERS Permits peace officers to carry and use hand-held metal detectors to search suspects for firearms Rep. Miller
6131 AAC LOST AND STOLEN FIREARMS AND GUN TRAFFICKING Alters restrictions regarding lost and stolen firearms and gun trafficking Rep. Tong
6248 AAC THE REGULATION OF FIREARMS BY THE STATE

● Prohibits municipalities from regulating ownership, possession, use, transportation, or transactions involving firearms, ammunition, or firearm components

● Provides that the state and federal governments have exclusive jurisdiction on these matters and preempts municipal action unless expressly permitted

● Prohibits municipalities from defining any activity related to firearms as a public nuisance or detrimental to public health and safety

Rep. Miner

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