Substitute House Bill
No. 5746
PUBLIC ACT NO. 98-129
AN ACT CONCERNING
HANDGUN SAFETY.
Be it enacted by the Senate and House of Representatives
in General Assembly convened:
Section 1. Subsection (c) of
section 29-33 of the general statutes is repealed and the following is
substituted in lieu thereof:
(c) [When any pistol or revolver is sold, delivered or
otherwise transferred, such pistol or revolver shall be enclosed in a
package, the paper or wrapping of which shall be securely fastened, and no
pistol or revolver when sold, delivered or otherwise transferred] 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.
Sec. 2. Section 29-37b of the general statutes is
repealed and the following is substituted in lieu thereof:
(a) Each person, firm or corporation which engages in
the retail sale of any [firearm, as defined in section 53a-3] PISTOL OR
REVOLVER, at the time of sale of any such [firearm] PISTOL OR REVOLVER,
shall [provide to the purchaser thereof (1) a] (1) EQUIP SUCH PISTOL OR
REVOLVER 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 [at each service counter] 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
Sec. 3. (NEW) (a) Whenever a law enforcement
agency seizes a firearm in connection with a criminal arrest or pursuant
to a search warrant without an arrest or otherwise recovers a firearm,
such agency shall forthwith take all appropriate steps to identify and
trace the history of such firearm.
(b) In complying with the provisions of subsection (a)
of this section, a law enforcement agency shall use the National Tracing
Center of the Federal Bureau of Alcohol, Tobacco and Firearms. Such law
enforcement agency shall immediately transmit to the National Tracing
Center, by facsimile or by entering such information on the Connecticut
On-Line Law Enforcement Communications Teleprocessing (COLLECT) System
when said system becomes available for transmitting such information
directly to the National Tracing Center, all information necessary to
comply with the provisions of subsection (a) of this section.
(c) The Department of Public Safety shall take
appropriate action to allow the COLLECT System to be used by law
enforcement agencies in complying with the provisions of this section.
(d) Whenever a firearm is identified and is determined
to have been stolen, the law enforcement agency shall return such firearm
to the rightful owner thereof provided such owner is not prohibited from
possessing such firearm and such agency does not need to retain such
firearm as evidence in a criminal prosecution.
Sec. 4. Subsection (a) of section 29-30 of the
general statutes is repealed and the following is substituted in lieu
thereof:
(a) The fee for each permit originally issued under the
provisions of subsection (a) of section 29-28, AS AMENDED BY THIS ACT, for
the sale at retail of pistols and revolvers shall be one hundred dollars
and for each renewal thereof one hundred dollars. The fee for each permit
originally issued under the provisions of subsection (b) of section 29-28,
AS AMENDED BY THIS ACT, for the carrying of pistols and revolvers shall be
thirty-five dollars and for each renewal thereof thirty-five dollars. Such
fees shall be paid to the authority issuing the same and by him to the
municipality wherein issued or the state, as the case may be. [Upon
deposit of such fees in the General Fund, ten dollars of each fee shall be
credited within thirty days to the appropriation to the Department of
Public Safety to a separate nonlapsing account for the purposes of the
issuance of permits under subsections (a) and (b) of section 29-28.]
Sec. 5. Section 29-29 of the general statutes is
repealed and the following is substituted in lieu thereof:
No permit for carrying any pistol or revolver shall be
issued under the provisions of section 29-28 unless the applicant for the
same gives to the issuing authority, upon its request, full information
concerning his criminal record, and such issuing authority shall thereupon
take a full description [and the fingerprints] of such applicant and make
an investigation concerning his suitability to carry any such weapons. The
issuing authority shall TAKE THE FINGERPRINTS OF SUCH APPLICANT UNLESS THE
ISSUING AUTHORITY DETERMINES THAT THE FINGERPRINTS OF SUCH APPLICANT HAVE
BEEN PREVIOUSLY TAKEN AND HIS IDENTITY ESTABLISHED AND SUCH APPLICANT
PRESENTS IDENTIFICATION THAT THE ISSUING AUTHORITY VERIFIES AS VALID. THE
ISSUING AUTHORITY SHALL record the date the fingerprints were taken in the
applicant's file and, within five business days of such date, [if deemed
necessary, may] SHALL forward such fingerprints to the Federal Bureau of
Investigation for a national criminal history records check. [If the
applicant's fingerprints are submitted to the Federal Bureau of
Investigation for such records check, the] THE issuing authority may, in
his discretion, issue such permit before a report from said bureau
relative to such applicant's record has been received. Upon receipt of
such report, the issuing authority shall inform the applicant and render a
decision on the application within one week of the receipt of the report.
If such report has not been received within eight weeks after a sufficient
application for a permit has been made, the issuing authority shall inform
the applicant of such delay, in writing. No permit shall be issued if the
issuing authority has reason to believe the applicant has ever been
convicted of a felony.
Sec. 6. Section 29-28 of the general statutes is
repealed and the following is substituted in lieu thereof:
(a) No person who sells ten or more pistols or revolvers
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 his possession with intent to sell or deliver, any pistol or revolver
at retail without having a permit therefor issued as hereinafter provided.
The chief of police or, where there is no chief of police, the warden of
the borough or the first selectman of the town, as the case may be, may,
upon the application of any person, issue a permit in such form as may be
prescribed by the Commissioner of Public Safety for the sale at retail of
pistols and revolvers within the jurisdiction of the authority issuing
such permit. No permit for the sale at retail of any pistol or revolver
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
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 his 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.
(b) Upon the application of any person having a bona
fide residence or place of business within the jurisdiction of any such
authority or upon the application of any bona fide resident of the United
States having a permit or license to carry any firearm issued by the
authority of any state or subdivision of the United States, such chief of
police, warden or selectman may issue a permit to such person to carry a
pistol or revolver within the jurisdiction of the authority issuing the
same, provided such authority shall find that such applicant intends to
make no use of any pistol or revolver which he may be permitted to carry
thereunder other than a lawful use and that such person is a suitable
person to receive such permit. No permit to carry a pistol or revolver
shall be issued under this subsection if the applicant (1) has failed to
successfully complete a course approved by the Commissioner of Public
Safety 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 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, (2) has been convicted of a
felony or of a violation of subsection (c) of section 21a-279, section
53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178
or 53a-181d, (3) HAS BEEN CONVICTED AS DELINQUENT FOR THE COMMISSION OF A
SERIOUS JUVENILE OFFENSE, AS DEFINED IN SECTION 46b-120, AS AMENDED, [(3)]
(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, [(4)] (5) has been confined in a
hospital for [mental illness] PERSONS WITH PSYCHIATRIC DISABILITIES, as
defined in section 17a-495, within the preceding twelve months by order of
a probate court, [(5)] (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, or [(6)] (7) is an alien
illegally or unlawfully in the United States. Nothing in this section
shall require any person who holds a valid permit to carry a pistol or
revolver on October 1, 1994, to participate in any additional training in
the safety and use of pistols and revolvers. Said commissioner may, upon
application, issue, to any holder of any such permit, a permit to carry a
pistol or revolver within the state. Each permit to carry any pistol or
revolver shall be issued in triplicate and one of the copies issued by
said commissioner shall be delivered to the person to whom issued, one
shall be delivered forthwith to the authority issuing the local permit and
one shall be retained by said commissioner, and the local authority
issuing any such permit shall forthwith deliver one of such copies to the
person to whom issued and one copy to said commissioner and shall retain
one of such copies. 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 permit issued pursuant to this
subsection shall notify the issuing authority within two business days of
any change of his address. The notification shall include his old address
and his new address.
c) No issuing authority may require any sworn
member of the Department of Public Safety or an organized local police
department to furnish his 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 on May 26, 1992, issued by such authority, to
revise his application to include his business or post office address in
lieu of his residence address. The issuing authority shall notify each
such member of his right to revise such application.
(d) Notwithstanding the provisions of sections 1-19 and
1-19a, the name and address of a person issued a permit to sell at retail
pistols and revolvers pursuant to subsection (a) of this section or a
permit to carry pistols and revolvers pursuant to subsection (b) of this
section, shall be confidential and shall not be disclosed, except (1) such
information may be disclosed to law enforcement officials acting in the
performance of their duties, [and] (2) an issuing authority may disclose
such information to the extent necessary to comply with a request made
pursuant to section 29-33 for verification that such 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, AS AMENDED
BY THIS ACT.
(e) THE ISSUANCE OF A PERMIT TO CARRY A PISTOL OR
REVOLVER UNDER SUBSECTION (b) OF THIS SECTION 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 THERWISE PROHIBITED
BY LAW OR IS PROHIBITED BY THE PERSON WHO OWNS OR EXERCISES CONTROL OVER
SUCH PREMISES.
Sec. 7. Section 29-36g of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) Requests for eligibility certificates under section
29-36f, AS AMENDED BY THIS ACT, shall be submitted to the Commissioner of
Public Safety on application forms prescribed by the commissioner. No
eligibility certificate for a pistol or revolver shall be issued under the
provisions of said section unless the applicant for the same gives to the
Commissioner of Public Safety, upon his request, full information
concerning the applicant's criminal record and relevant information
concerning the applicant's mental health history, and the commissioner
shall thereupon take a full description and the fingerprints of such
applicant. The commissioner shall record the date the fingerprints were
taken in the applicant's file and shall forward such fingerprints to the
Federal Bureau of Investigation for a national criminal history records
check and to the State Police Bureau of Identification for a state
criminal history records check. The commissioner shall, within sixty days
of receipt of the national criminal history records check from the Federal
Bureau of Investigation, either approve the application and issue the
eligibility certificate or deny the application and notify the applicant
of the reason for such denial in writing.
(b) With respect to any application for an eligibility
certificate filed with the Commissioner of Public Safety on or before July
1, 1995, the commissioner shall, not later than October 1, 1995, (1)
approve the application and issue the eligibility certificate, (2) issue a
temporary eligibility certificate or (3) deny the application and notify
the applicant of the reason for such denial in writing. With respect to
any application for an eligibility certificate filed with the Commissioner
of Public Safety after July 1, 1995, the commissioner shall, within ninety
days, (1) approve the application and issue the eligibility certificate,
(2) issue a temporary eligibility certificate or (3) deny the application
and notify the applicant of the reason for such denial in writing. A
temporary certificate issued under this subsection shall be valid until
such time as the commissioner either approves or denies the application.
(c) An eligibility certificate for a pistol or revolver
shall be of such form and content as the commissioner may prescribe, shall
be signed by the certificate holder and shall contain an identification
number, the name, address, place and date of birth, height, weight and eye
color of the certificate holder and a full-face photograph of the
certificate holder.
(d) A person holding an eligibility certificate issued
by the commissioner shall notify the commissioner within two business days
of any change of his address. The notification shall include his old
address and his new address.
(e) Notwithstanding the provisions of sections 1-19 and
1-19a, the name and address of a person issued an eligibility certificate
for a pistol or revolver under the provisions of section 29-36f 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, [and] (2) the Commissioner of Public Safety may disclose
such information to the extent necessary to comply with a request made
pursuant to section 29-33 for verification that such certificate 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, AS
AMENDED.
(f) An eligibility certificate for a pistol or
revolver shall not authorize the holder thereof to carry a pistol or
revolver upon his person in circumstances for which a permit to carry a
pistol or revolver issued pursuant to subsection (b) of section 29-28, AS
AMENDED BY THIS ACT, is required under section 29-35.
Sec. 8. Subsection (a) of section 53-202d of the
general statutes is repealed and the following is substituted in lieu
thereof:
(a) Any person who lawfully possesses an assault weapon,
as defined in section 53-202a, prior to October 1, 1993, shall apply by
October 1, 1994, 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
October 1, 1994, because he or she is or was on official duty outside of
this state, shall apply within ninety days of returning to the state to
the Department of Public Safety, for a certificate of possession with
respect to such assault weapon. The certificate shall contain a
description of the firearm that identifies it uniquely, including all
identification marks, the full name, address, date of birth and thumbprint
of the owner, and any other information as the department may deem
appropriate. The department shall adopt regulations in accordance with the
provisions of chapter 54 not later than January 1, 1994, to establish
procedures with respect to the application for and issuance of
certificates of possession pursuant to this section. Notwithstanding the
provisions of sections 1-19 and 1-19a, the name and address of a person
issued a certificate of possession shall be confidential and shall not be
disclosed, except such records may be disclosed to (1) law enforcement
agencies, AND (2) THE COMMISSIONER OF MENTAL HEALTH AND ADDICTION SERVICES
TO CARRY OUT THE PROVISIONS OF SUBSECTION (c) OF SECTION 17a-500, AS
AMENDED BY THIS ACT.
Sec. 9. REPEALED
Sec. 10. REPEALED
Sec. 11. REPEALED
Sec. 12. Section 53a-217 of the general statutes is
repealed and the following is substituted in lieu thereof:
(a) A person is guilty of criminal possession of a
firearm or electronic defense weapon when he possesses a firearm or
electronic defense weapon and (1) has been convicted of a capital felony,
a class A felony, except a conviction under section 53a-196a, a class B
felony, except a conviction under section 53a-86, 53a-122 or 53a-196b, a
class C felony, except a conviction under section 53a-87, 53a-152 or
53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive,
53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216,
OR (2) HAS BEEN CONVICTED AS DELINQUENT FOR THE COMMISSION OF A SERIOUS
JUVENILE OFFENSE, AS DEFINED IN SECTION 46b-120, AS AMENDED. For the
purposes of this section, "convicted" means having a judgment of
conviction entered by a court of competent jurisdiction.
(b) Criminal possession of a firearm or electronic
defense weapon is a class D felony, for which two years of the sentence
imposed may not be suspended or reduced by the court.
Sec. 13. Section 53a-217c of the general statutes
is repealed and the following is substituted in lieu thereof:
(a) A person is guilty of criminal possession of a
pistol or revolver when he possesses a pistol or revolver, as defined in
section 29-27, and (1) has been convicted of a felony or of a violation of
subsection (c) of section 21a-279, section 53a-58, 53a-61, 53a-61a,
53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, (2) HAS
BEEN CONVICTED AS DELINQUENT FOR THE COMMISSION OF A SERIOUS JUVENILE
OFFENSE, AS DEFINED IN SECTION 46b-120, AS AMENDED, [(2)] (3) 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, [(3)] (4) has been confined in a hospital for
[mental illness] PERSONS WITH PSYCHIATRIC DISABILITIES, as defined in
section 17a-495, within the preceding twelve months by order of a probate
court, [(4)] (5) knows that he is subject to a restraining or protective
order issued by a court, after notice and an opportunity to be heard has
been provided to such person, in a case involving the use, attempted use
or threatened use of physical force against another person, or [(5)] (6)
is an alien illegally or unlawfully in the United States. For the purposes
of this section, "convicted" means having a judgment of
conviction entered by a court of competent jurisdiction.
(b) Criminal possession of a pistol or revolver is a
class D felony.
Sec. 14. Subsection (b) of section 29-36f of the
general statutes is repealed and the following is substituted in lieu
thereof:
(b) The Commissioner of Public Safety shall issue an
eligibility certificate unless he finds that the applicant: (1) Has failed
to successfully complete a course approved by the Commissioner of Public
Safety 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 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; (2) has been convicted of a
felony or of a violation of subsection (c) of section 21a-279, section
53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178
or 53a-181d; (3) HAS BEEN CONVICTED AS DELINQUENT FOR THE COMMISSION OF A
SERIOUS JUVENILE OFFENSE, AS DEFINED IN SECTION 46b-120, AS AMENDED; [(3)]
(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; [(4)] (5) has been confined in a
hospital for [mental illness] PERSONS WITH PSYCHIATRIC DISABILITIES, as
defined in section 17a-495, within the preceding twelve months by order of
a probate court; [(5)] (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; or [(6)] (7) is an alien
illegally or unlawfully in the United States.
Sec. 15. Section 53a-217b of the general statutes
is repealed and the following is substituted in lieu thereof
(a) A person is guilty of possession of a weapon on
school grounds when, KNOWING THAT HE IS NOT LICENSED OR PRIVILEGED TO DO
SO, he possesses a firearm or deadly weapon, as defined in section 53a-3,
(1) in or on the real property comprising a public or private elementary
or secondary school or (2) at a school-sponsored activity as defined in
subsection (h) of section 10-233a
(b) The provisions of subsection (a) of this section
shall not apply to the otherwise lawful possession of a firearm [(1) by a
person holding a valid state or local permit to carry such firearm, (2)]
(1) by a person for use in a program approved by school officials in or on
such school property, [(3)] (2) by a person in accordance with an
agreement entered into between school officials and such person or such
person's employer, [(4)] (3) by a peace officer, as defined in subdivision
(9) of section 53a-3, while engaged in the performance of his official
duties, or [(5)] (4) by a person while traversing such school property for
the purpose of gaining access to public or private lands open to hunting
or for other lawful purposes, provided such firearm is not loaded and the
entry on such school property is permitted by the local or regional board
of education. [Notwithstanding the provisions of this subsection, a local
or regional board of education or the supervisory agent of a private
elementary or secondary school may prohibit the possession of firearms by
students in or on the real property comprising the public or private
elementary or secondary school or at a school-sponsored activity as
defined in subsection (h) of section 10-233a.] (c) Possession of a weapon
on school grounds is a class D felony.
Sec. 16. (NEW) (a) Any owner,
operator or user of a firing or shooting range operating on the effective
date of this act shall be exempt from criminal prosecution with respect to
noise or noise pollution violations and immune from civil liability with
respect to noise or noise pollution resulting from shooting activity on
such range provided the range was, at the time of its construction or
operational approval by the municipality in which it is located, in
compliance with the provisions of chapter 442 of the general statutes and
regulations adopted thereunder.
(b) No standards in a noise control ordinance adopted by
any municipality for limiting levels of noise in terms of decibel level
which may occur in the outdoor atmosphere shall apply to any firing or
shooting range exempted from liability under this section if such
standards are inconsistent with the provisions of chapter 442 of the
general statutes or the regulations adopted thereunder.
(c) This section shall not limit the ability of a
municipality to evaluate and regulate any increase in noise attributable
to a physical expansion of an existing firing or shooting range.
Sec. 17. Section 17a-499 of
the general statutes is repealed and the following is substituted in lieu
thereof:
All proceedings of the Court of Probate, upon
application made under the provisions of sections 17a-75 to 17a-83,
inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive,
17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615
to 17a-618, inclusive, shall be in writing and filed in such court, and,
whenever a court passes an order for the admission of any person to any
state hospital for psychiatric disabilities, it shall record the same and
give a certified copy of such order and of the reports of the physicians
to the person by whom such person is to be taken to the hospital, as the
warrant for such taking and commitment, and shall also forthwith transmit
a like copy to the Commissioner of Mental Health and Addiction Services,
and, in the case of a person in the custody of the Commissioner of
Correction, to the Commissioner of Correction. [All] WHENEVER A COURT
PASSES AN ORDER FOR THE COMMITMENT OF ANY PERSON TO ANY HOSPITAL FOR
PSYCHIATRIC DISABILITIES, IT SHALL, WITHIN THREE BUSINESS DAYS, PROVIDE A
COPY OF THE ORDER OF COMMITMENT TO THE COMMISSIONER OF MENTAL HEALTH AND
ADDICTION SERVICES WHO SHALL MAINTAIN IDENTIFYING INFORMATION INCLUDING,
BUT NOT LIMITED TO, NAME, ADDRESS, SEX, DATE OF BIRTH AND DATE OF
COMMITMENT ON ALL COMMITMENTS ORDERED ON AND AFTER JUNE 1, 1998. ALL
COMMITMENT APPLICATIONS, orders of commitment and commitment papers issued
by any court in committing persons with psychiatric disabilities to public
or private hospitals for psychiatric disabilities shall be in accordance
with a form prescribed by the Attorney General, which form shall be
uniform throughout the state. For all such [commitments] COMMITMENT
APPLICATIONS AND ORDERS, the Commissioner of Mental Health and Addiction
Services shall cause suitable blanks, in accordance with said form, to be
printed and furnished at the expense of the state. State hospitals and
other hospitals for persons with psychiatric disabilities shall, so far as
they are able, upon reasonable request of any officer of a court having
the power of commitment, send one or more trained attendants or nurses to
attend any hearing concerning the commitment of any person with
psychiatric disabilities and any such attendant or nurse, when present,
shall be designated by the court as the authority to serve commitment
process issued under the provisions of sections 17a-75 to 17a-83,
inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive,
17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615
to 17a-618, inclusive.
Sec. 18. Section 17a-500 of
the general statutes is repealed and the following is substituted in lieu
thereof:
(a) Each court of probate shall keep a record of the
cases relating to persons with psychiatric disabilities coming before it
under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive,
17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to
17a-576, inclusive, and 17a-615 to 17a-618, inclusive, and the disposition
of them. It shall also keep on file the original application and
certificate of physicians required by said sections, or a microfilm
duplicate of such records in accordance with regulations issued by the
Probate Court Administrator. All records maintained in the courts of
probate under the provisions of said sections shall be sealed and
available only to the respondent or his or her counsel unless the Court of
Probate, after hearing held with notice to the respondent, determines such
records should be disclosed for cause shown.
(b) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (a) OF
THIS SECTION, THE COMMISSIONER OF MENTAL HEALTH AND ADDICTION SERVICES, IN
ACCORDANCE WITH SECTION 17a-499, AS AMENDED BY THIS ACT, SHALL MAINTAIN
INFORMATION ON COMMITMENT ORDERS BY A PROBATE COURT AND SHALL PROVIDE SUCH
INFORMATION TO THE COMMISSIONER OF PUBLIC SAFETY IN FULFILLMENT OF HIS
OBLIGATIONS UNDER SECTIONS 29-28 TO 29-38a, INCLUSIVE, AS AMENDED BY THIS
ACT, AND SECTION 53-202d, AS AMENDED BY THIS ACT, IN SUCH A MANNER AS TO
REPORT IDENTIFYING INFORMATION ON THE COMMITMENT STATUS INCLUDING, BUT NOT
LIMITED TO, NAME, ADDRESS, SEX, DATE OF BIRTH AND DATE OF COMMITMENT, FOR
A PERSON WHO APPLIES FOR OR HOLDS A PERMIT OR CERTIFICATE UNDER SAID
SECTIONS 29-28 TO 29-38a, INCLUSIVE, AND SECTION 53-202d. THE COMMISSIONER
OF PUBLIC SAFETY SHALL MAINTAIN AS CONFIDENTIAL ANY SUCH INFORMATION
PROVIDED TO HIM AND SHALL USE SUCH INFORMATION ONLY FOR PURPOSES OF
FULFILLING HIS OBLIGATIONS UNDER SECTIONS 29-28 TO 29-38a, INCLUSIVE, AS
AMENDED BY THIS ACT, AND SECTION 53-202d, AS AMENDED BY THIS ACT, EXCEPT
THAT NOTHING IN THIS SECTION SHALL PROHIBIT SAID COMMISSIONER FROM
ENTERING SUCH INFORMATION INTO EVIDENCE AT A HEARING HELD IN ACCORDANCE
WITH SECTION 29-32b.
(c) (1) THE COMMISSIONER OF MENTAL HEALTH AND ADDICTION
SERVICES SHALL OBTAIN FROM THE COMMISSIONER OF PUBLIC SAFETY THE STATUS OF
ANY FIREARM APPLICATION, PERMIT OR CERTIFICATE UNDER SECTIONS 29-28 TO
29-38a, INCLUSIVE, AS AMENDED BY THIS ACT, AND SECTION 53-202d, AS AMENDED
BY THIS ACT, OF EACH PERSON WHO IS THE SUBJECT OF AN ORDER OF COMMITMENT
PURSUANT TO SECTION 17a-499, AS AMENDED BY THIS ACT, IN SUCH A MANNER SO
AS TO ONLY RECEIVE A REPORT ON THE FIREARM APPLICATION, PERMIT OR
CERTIFICATE STATUS OF THE PERSON WITH RESPECT TO WHOM THE INQUIRY IS MADE.
(2) THE COMMISSIONER OF MENTAL HEALTH AND ADDICTION
SERVICES SHALL REPORT TO THE COMMISSIONER OF PUBLIC SAFETY ANY COMMITMENT
STATUS AND IDENTIFYING INFORMATION FOR ANY PERSON WHO IS AN APPLICANT FOR
OR HOLDER OF ANY PERMIT OR CERTIFICATE UNDER SAID SECTIONS 29-28 TO
29-38a, INCLUSIVE, AND SECTION 53-202d.
(3) THE COMMISSIONER OF MENTAL HEALTH AND ADDICTION
SERVICES SHALL ADVISE THE HOSPITAL FOR PSYCHIATRIC DISABILITIES TO WHICH A
PERSON HAS BEEN COMMITTED OF THE STATUS OF A FIREARM APPLICATION, PERMIT
OR CERTIFICATE OF SUCH PERSON UNDER SECTIONS 29-28 TO 29-38a, INCLUSIVE,
AS AMENDED BY THIS ACT, AND SECTION 53-202d, AS AMENDED BY THIS ACT, AS
REPORTED BY THE COMMISSIONER OF PUBLIC SAFETY FOR CONSIDERATION BY SUCH
HOSPITAL IN ANY PSYCHIATRIC TREATMENT PROCEDURES.
(4) THE COMMISSIONER OF MENTAL HEALTH AND ADDICTION
SERVICES AND A HOSPITAL FOR PSYCHIATRIC DISABILITIES SHALL MAINTAIN AS
CONFIDENTIAL ANY INFORMATION PROVIDED TO SAID COMMISSIONER OR SUCH
HOSPITAL CONCERNING THE STATUS OF A FIREARM APPLICATION, PERMIT OR
CERTIFICATE UNDER SECTIONS 29-28 TO 29-38a, INCLUSIVE, AS AMENDED BY THIS
ACT, AND SECTION 53-202d, AS AMENDED BY THIS ACT, OF ANY PERSON.
Sec. 19. (NEW) (a) The
Commissioner of Public Safety, in fulfilling his obligations under
sections 29-28 to 29-38a, inclusive, of the general statutes, as amended
by this act, and section 53-202d of the general statutes, as amended by
this act, shall verify that any person who, on or after October 1, 1998,
applies for or seeks renewal of a permit to sell at retail a pistol or
revolver, a permit to carry a pistol or revolver, an eligibility
certificate for a pistol or revolver or a certificate of possession for an
assault weapon has not been confined in a hospital for persons with
psychiatric disabilities, as defined in section 17a-495 of the general
statutes, within the preceding twelve months by order of a probate court,
by making an inquiry to the Department of Mental Health and Addiction
Services in such a manner so as to only receive a report on the commitment
status of the person with respect to whom the inquiry is made including
identifying information in accordance with the provisions of subsection
(b) of section 17a-500 of the general statutes, as amended by this act.
(b) If the Commissioner of Public Safety 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 of the general statutes, within the preceding twelve
months by order of a probate court, said commissioner shall report the
status of such person's application for or renewal of a permit to sell at
retail a pistol or revolver, a permit to carry a pistol or revolver, an
eligibility certificate for a pistol or revolver or a certificate of
possession for an assault weapon to the Commissioner of Mental Health and
Addiction Services for the purpose of fulfilling his responsibilities
under subsection (c) of section 17a-500 of the general statutes, as
amended by this act.
Sec. 20. (NEW) (a) No person
shall carry a pistol, revolver, machine gun, shotgun, rifle or other
firearm, which is loaded and from which a shot may be discharged, upon his
person (1) while under the influence of intoxicating liquor or any drug or
both or (2) while the ratio of alcohol in the blood of such person is
ten-hundredths of one per cent or more of alcohol, by weight.
(b) Any person who violates any provision of this
section shall be guilty of a class B misdemeanor.
Sec. 21. REPEALED
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