AN ACT CONCERNING THE STORAGE OF A PISTOL OR REVOLVER IN A MOTOR VEHICLE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) (a) (1) No person shall store or keep any pistol or revolver in any motor vehicle that is unattended unless such pistol or revolver is in the trunk, a locked safe or locked glove box.
(2) For purposes of this subsection, (A) a motor vehicle is unattended if no person who is at least twenty-one years of age and who is the owner or operator or a passenger of such motor vehicle is inside the motor vehicle or is within close enough proximity to the motor vehicle to prevent unauthorized access to the motor vehicle, (B) "pistol" and "revolver" mean pistol and revolver, each as defined in section 29-27 of the general statutes, (C) "motor vehicle" means a motor vehicle, as defined in section 14-1 of the general statutes, and (D) "trunk" means (i) the fully enclosed and locked main storage or luggage compartment of a motor vehicle that is not accessible from the passenger compartment, or (ii) a locked toolbox or utility box attached to the bed of a pickup truck, as defined in section 14-1 of the general statutes. "Trunk" does not include the rear of a pickup truck, except as otherwise provided, or of a hatchback, station-wagon-type automobile or sport utility vehicle or any compartment that has a window.
- The provisions of subsection (a) of this section shall not apply to any pistol or revolver issued or possessed by: (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, the Department of Revenue Services or the military or naval forces of this state or of the United States, (2) a sworn member of a law enforcement unit, as defined in section 7-294a of the general statutes, including, but not limited to, the Department of Correction or the Division of State Police within the Department of Emergency Services and Public Protection, 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 of the general statutes 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, or (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, provided such pistol or revolver issued or possessed by any such agency, department, municipality, organization, force or entity or person described in subdivisions (1) to (4), inclusive, of this subsection, is being kept or stored in accordance with such issuing or possessing agency, department, municipality, organization, force or entity or person's policy concerning safe keeping or storage of a pistol or revolver in a motor vehicle.
- The court may order suspension of prosecution 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) (A) will probably not offend in the future, (B) has not previously been convicted of a violation of this section, and (C) has not previously had a prosecution under this section suspended pursuant to this subsection, or (2) was charged with such violation because of facts or circumstances accurately reported by such person to an organized local police department concerning a lost or stolen firearm in accordance with the provisions of section 53-202g of the general statutes. 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 custody of the Court Support Services Division for such period, not exceeding two years, and under such conditions as the court shall order. If the person refuses to accept, or, having accepted, violates such conditions, the court shall terminate the suspension of prosecution and the case shall be brought to trial. If such person satisfactorily completes 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 of the general statutes. 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.
- Any person who violates any provision of subsection (a) of this section shall be guilty of a class A misdemeanor for a first offense and a class D felony for any subsequent offense.
Approved June 3, 2019