Bill Text: CT HB05542 | 2018 | General Assembly | Chaptered
Bill Title: An Act Concerning Bump Stocks And Other Means Of Enhancing The Rate Of Fire Of A Firearm.
Spectrum: Committee Bill
Status: (Passed) 2018-05-31 - Signed by the Governor [HB05542 Detail]
Download: Connecticut-2018-HB05542-Chaptered.html
Substitute House Bill No. 5542
AN ACT CONCERNING BUMP STOCKS AND OTHER MEANS OF ENHANCING THE RATE OF FIRE OF A FIREARM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2018) (a) Except as provided in subsection (e) of this section, no person, other than a licensed firearms manufacturer under 18 USC 923(i) fulfilling a military contract, may sell, offer to sell, otherwise transfer or offer to transfer, purchase, possess, use or manufacture any rate of fire enhancement.
(b) Except as provided in subsection (d) of this section, a person who violates any provision of subsection (a) of this section shall be guilty of a class D felony.
(c) For purposes of this section, "firearm" means firearm as defined in section 53a-3 of the general statutes, and "rate of fire enhancement" means any device, component, part, combination of parts, attachment or accessory that: (1) Uses energy from the recoil of a firearm to generate a reciprocating action that causes repeated function of the trigger, including, but not limited to, a bump stock; (2) repeatedly pulls the trigger of a firearm through the use of a crank, lever or other part, including, but not limited to, a trigger crank; or (3) causes a semiautomatic firearm to fire more than one round per operation of the trigger, where the trigger pull and reset constitute a single operation of the trigger, including, but not limited to, a binary trigger system.
(d) Except as provided in subsection (e) of this section, any person who holds a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28 of the general statutes, a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f of the general statutes, a valid long gun eligibility certificate issued pursuant to section 29-37p of the general statutes or an ammunition certificate issued or renewed pursuant to section 29-38n or section 29-38o of the general statutes and possesses a rate of fire enhancement prior to July 1, 2019, shall be guilty of a class D misdemeanor for a first offense and shall be guilty of a class D felony for any subsequent offense.
(e) (1) (A) Except as provided in subparagraph (B) of this subdivision, any person who moves into the state in lawful possession of a rate of fire enhancement shall, within ninety days, render the rate of fire enhancement permanently inoperable, remove the rate of fire enhancement from this state, or surrender the rate of fire enhancement to the Department of Emergency Services and Public Protection for destruction and, during such ninety-day period, shall not be subject to the penalties in subsection (b) or (d) of this section.
(B) Any such person who sells or offers to sell or otherwise transfers or offers to transfer, except as permitted by subparagraph (A) of this subdivision, or uses such rate of fire enhancement during such ninety-day period, shall be subject to the penalties in subsection (b) or (d) of this section, as applicable.
(2) (A) Except as provided in subparagraph (B) of this subdivision, any military personnel stationed or otherwise residing in this state who is deployed from this state on October 1, 2018, or is under deployment from this state on said date, and who was in lawful possession of a rate of firearm enhancement on September 30, 2018, shall, within ninety days of returning to this state from deployment, render the rate of fire enhancement permanently inoperable, remove the rate of fire enhancement from this state or surrender the rate of fire enhancement to the Department of Emergency Services and Public Protection for destruction.
(B) Except as provided in subparagraph (A) of this subdivision, any such military personnel who sells or offers to sell or otherwise transfers or offers to transfer, except as permitted by subparagraph (A) of this subdivision, or uses such rate of fire enhancement during such ninety-day period, shall be subject to the penalties in subsection (b) or (d) of this section, as applicable.
(f) 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 in accordance with the provisions of subsection (h) of section 29-33 of the general statutes.
Sec. 2. (NEW) (Effective from passage) (a) Not later than thirty days after the effective date of this section, the Commissioner of Emergency Services and Public Protection shall, within available appropriations, provide written notification of the provisions of section 1 of this act by: (1) Posting the notification on the department's Internet web site, and (2) providing the notification electronically to federally licensed firearm dealers.
(b) Commencing thirty days after the effective date of this section but prior to July 1, 2023, the commissioner shall include a written notification of the provisions of section 1 of this act with: (1) (A) A permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28 of the general statutes, (B) an eligibility certificate for a pistol or revolver issued pursuant to section 29-36f of the general statutes, (C) a long gun eligibility certificate issued pursuant to section 29-37p of the general statutes, and (D) an ammunition certificate issued or renewed pursuant to section 29-38n or section 29-38o of the general statutes; and (2) a notice of expiration mailed to a holder of such permit or certificate pursuant to (A) subsection (f) of section 29-30 of the general statutes, (B) subsection (e) of section 29-36h of the general statutes, or (C) subsection (e) of section 29-37r of the general statutes.