NFA Gun Trust Lawyer Blog
While Silencers themselves do not seem to have been made illegal in CT, it seems that almost anything that you can put them on has or will become illegal soon. In addition SBR, and most SBS are now illegal to buy, acquire, or possess but there is an exception for those which are registered prior to Jan 1, 2014 which were legally possessed prior to the bill’s effective date.
Below are some of the highlights of CT’s gun related legislation
SBR Credential Required to Buy or Receive Long Gun
The bill creates a new long gun eligibility certificate (see below for details). On and after April 1, 2014, anyone buying or receiving a long gun to have a long gun eligibility certificate, handgun permit, handgun dealer permit, or handgun eligibility certificate.
Sales Receipt including Assignment sheets to trusts should contain the following:
(1) buyer’s date and place of birth to the information required on a long gun receipt.
(2) buyer’s name and address;
(3) firearm make, model, serial number, and caliber, and general description; and
(4) transfer date.
Long Gun Sales By Someone Other Than Gun Dealers
1. The prospective transferor and transferee must comply with the documentation and authorization requirements that apply to retail sales of long guns (e. g. , (a) the seller must document the transaction with DESPP, maintain copies of the record, and obtain an authorization number from DESPP; (b) the buyer must undergo a national instant criminal background check; (c) the gun cannot be loaded when transferred; and (d) DESPP must authorize or deny the sale or transfer); or 2. a FFL, upon the request of the prospective transferor or transferee, must consent to initiate a national instant criminal background check system (NICS) in accordance with the procedures set forth below, and the background check must show that the transferee is eligible to receive the gun.
It appears that option (2) is available only on and after January 1, 2014. To proceed under this option, the prospective transferor or transferee must provide the consenting dealer with the transferee’s name, gender, race, date of birth, and state of residence. If necessary to verify the person’s identity, they may also provide a unique numeric identifier (such as a Social Security number) and additional identifiers (such as height, weight, eye and hair color, and place of birth).
The prospective transferee must present to the dealer his or her gun credential (gun eligibility certificate, handgun permit, handgun sale permit, or handgun eligibility certificate). The dealer can charge up to $ 20 for initiating the background check.
The dealer must initiate the background check by contacting the NICS operations center. The dealer must immediately notify the prospective transferor or transferee of the response from the center. The sale or transfer cannot take place if the response indicates the prospective transferee is ineligible to receive the gun.
When the transaction is completed, the transferor or transferee must complete a DESPP form containing the:
(1) transferor’s name, address, and firearm permit or certificate number, if any;
(2) transferee’s name, address, date and place of birth, and firearm permit or certificate number;
(3) sale or transfer date;
(4) caliber, make, model, and manufacturer’s number and a general description of the gun; and
(5) the background check transaction number. The bill imposes similar transmission and retention requirements for the form as apply to sales of long guns by dealers
Waiting Period
Current law contains a two-week waiting period for long gun purchases from gun dealers, with certain exceptions (e. g. , if the buyer holds certain gun credentials). Under the bill, this waiting period only applies prior to April 1, 2014. The bill also makes a conforming change by adding an exception to the waiting period if the buyer has a long gun eligibility certificate. It appears that starting April 1, 2014, the bill ties delivery to the date DESPP issues an authorization number for the transaction.
§§ 14-17 — AMMUNITION SALES
The bill generally bars the sale of ammunition or an ammunition magazine to anyone under age 18.
The bill creates an ammunition certificate (see below). Starting October 1, 2013, the bill generally prohibits anyone from selling ammunition or an ammunition magazine to any buyer unless he or she:
1. has a handgun permit, gun sale permit, or long gun or handgun eligibility certificate, and presents such a credential to the seller, or 2. has an ammunition certificate and presents to the seller (a) the certificate and (b) a driver’s license, passport, or other valid government-issued identification that contains the person’s photograph and date of birth.
The bill defines “ammunition” as a loaded cartridge, consisting of a primed case, propellant, or projectile, designed for use in any firearm. It defines “magazine” as a firearm magazine, belt, drum, feed strip, or similar device that accepts ammunition.
EFFECTIVE DATE: the restrictions on ammunition sales are effective upon passage; the provisions creating an ammunition certificate are effective July 1, 2013
§§ 23-24 — LARGE CAPACITY MAGAZINES
The bill defines “large capacity magazine” as any firearm magazine, belt, drum, feed strip, or similar device that can, or can be readily restored or converted to accept, more than 10 rounds of ammunition. It excludes:
1. feeding devices permanently altered so that they cannot hold more than 10 rounds of ammunition,
2. . 22 caliber tube ammunition feeding devices,
3. tubular magazines contained in a lever-action firearm, or 4. permanently inoperable magazines.
With exceptions, the bill makes it a class D felony to buy, distribute, import into Connecticut, keep for sale, or offer or expose for sale LCMs.
With exceptions, anyone who possesses any LCM on or after January 1, 2014 obtained before the bill’s effective date is guilty of a infraction punishable by a $ 90 fine and a class D penalty for any subsequent offense; anyone who possesses a large capacity magazine on or after January 1, 2014 that was obtained after that date is guilty of a class D felony.
Declaring Possession of LCMs
Anyone who lawfully possesses an LCM before January 1, 2014, must apply to DESPP by January 1, 2014 to declare its possession in order to legally keep it. Service members unable to apply by January 1, 2014 because of out-of-state duty have 90 days after returning to Connecticut to declare possession of such magazine. Applications must be made on such form or in such manner as DESPP prescribes.
In addition to the prescribed LCM application form, DESPP must design or amend the applications for existing gun credentials to allow an applicant to declare possession of an LCM upon these same applications. DESPP may adopt regulations to establish application procedures.
Nonresidents Who Move to Connecticut
Anyone who moves into Connecticut in lawful possession of an LCM has 90 days to either permanently disable it, sell it to a gun dealer, or take it out of state. But servicemembers who transfer here after January 1, 2014, have 90 days after their arrival to declare possession of an LCM.
Restrictions on Declared LCMs
The bill limits where a person can possess an LCM that was declared. The person may possess it only:
1. at his or her residence, place of business, or other property he or she owns, provided the LCM contains not more than 10 bullets;
2. on the premises of a target range of a public or private club or organization organized to practice target shooting;
3. at a target range that holds a regulatory or business license for practicing target shooting;
4. while on the premises of a licensed shooting club;
5. while transporting the LCM between any of the above-mentioned or to a gun dealer, provided the LCM contains no more than 10 bullets and is transported in compliance with the bill; or 6. under a valid gun permit, provided the LCM (a) is in a handgun lawfully possessed by the person before the bill took effect, (b) does not extend beyond the bottom of the pistol grip, and (c) contains no more than 10 bullets.
A violation of the provision imposing restrictions on declared LCMs is a class C misdemeanor.
EFFECTIVE DATE: Upon passage
Assault Weapons greatly Expanded
Legal Possession. Under the bill, anyone who legally possessed one of the newly banned weapons on the day before the bill’s effective date and who is eligible for a certificate of possession may continue to do so by applying to DESPP for this certificate by January 1, 2014 and otherwise complying with the bill. A member of the U. S. Military or Navy who is unable to apply by January 1, 2014 because he or she is out of state on official duty has 90 days after returning to Connecticut to apply for a certificate. The certificate must contain a description of the firearm that identifies it uniquely, including all identification marks; the owner’s full name, address, date of birth and thumbprint; and any other information DESPP deems appropriate.
Beginning on its effective date, the bill prohibits anyone with a certificate of possession for any of the newly added assault weapons from (1) selling or transferring the weapon in Connecticut to anyone except a licensed gun dealer or (2) otherwise transferring the weapon except by (a) bequest or intestate succession or (b) prior arrangement to DESPP or a local police department. Anyone who inherits an assault weapon for which a certificate was issued has 90 days to apply for a certificate or sell the weapon to a gun dealer, permanently disable it, or take it out of state.
Anyone who moves into Connecticut in lawful possession of an assault weapon has 90 days to make it permanently inoperable, sell it to a licensed gun dealer, or take it out of state. But service members transferred to Connecticut in lawful possession of an assault weapon may apply to DESPP for a certificate within 90 days of arriving here.
Under the law and bill, anyone who possesses an assault weapon for which a certificate has been issued may possess it only at specified locations, such as his or her home or business place, at a licensed shooting club, or at a target range that holds a license for practicing target shooting.
Anyone who obtained a certificate of possession for an existing assault weapon before the bill’s effective date for a weapon defined as an assault weapon by the bill is deemed to have obtained a certificate of possession for such assault weapon and must not be required to obtain a separate certificate of possession.