If you live in Connecticut and you like guns a move might be in order.
April 4, 2013. Connecticut has enacted sweeping new laws on firearms, which became effective earlier today upon signature of the legislation by Governor Malloy. As noted below, several provisions of the new law were effective immediately.
Large capacity magazines (“LCMs”)
Applies to magazines with a capacity of more than ten rounds, excluding .22 caliber tube ammunition feeding devices and tubular magazines in lever-action firearms
Effective immediately, it is now a felony in Connecticut to distribute, import into Connecticut, keep for sale, offer or expose for sale, or purchase a LCM
Exemptions apply for sales to police departments and the Connecticut Department of Emergency Services and Public Protection (“DESPP”)
Exemptions apply for possession and transport by dealers and gunsmiths
Exemptions apply for possession, transport and out-of-state sales by in-state manufacturers
LCMs already legally possessed are grandfathered, but must be registered with the DESPP with applications due by January 1, 2014
Even when registered, LCMs cannot be loaded with more than ten rounds, except in the home or at a shooting range
Assault weapons
The definition of an assault weapon is expanded by using a one-feature test similar to New York’s. Also included are over 100 specifically named weapons
Effective immediately, it is now a felony in Connecticut to distribute, import into Connecticut, keep for sale, offer or expose for sale an assault weapon
Exemptions apply to sales to police departments, the DESPP and transfers by inheritance
Exemptions apply for possession and transport by dealers and gunsmiths
Exemptions apply for possession, transport and out-of-state sales by in-state manufacturers
Assault weapons already legally possessed are grandfathered, but must be registered with the DESPP with applications due by January 1, 2014
Universal background checks for all firearm purchases
Effective immediately, no pistol, revolver, rifle or shotgun can be sold to any Connecticut resident until the buyer passes a national criminal background check — whether such sale is private, at a gun show, or through a dealer
Beginning April 1, 2014, a long gun eligibility certificate will also be required for the purchase of any rifle or shotgun. Applicants must undergo a firearms safety training course, and be fingerprinted
State-issued eligibility certificate required for ammunition purchases
Beginning October 1, 2013, an ammunition eligibility certificate will be required for the purchase of ammunition, which will require a national criminal background check
Dangerous weapon offender registry
Felons convicted of any of more than 40 enumerated weapons offenses must register with the DESPP and take specified actions for five years after their release to the community
Registry will not be public, but will be made available to law enforcement personnel
Expands Connecticut’s firearms safe storage law
Duty to securely store a firearm applies when any resident of the premises is ineligible to possess a firearm under state or federal law, or poses a risk of imminent personal injury to himself or herself or to other individuals
Other provisions
Adds restrictions on firearm possession by persons previously admitted to mental health facilities
Increases penalties for many firearm trafficking and illegal weapons possession offenses
Bans possession of armor piercing ammunition
Bans sales of long guns or ammunition to anyone under 18
Bans sales of semi-automatic centerfire rifles that have or accept a magazine with a capacity of more than five rounds to anyone under 21
Provides grants for school safety improvements
If you live in Delaware things aren’t looking so hot either
Pending Delaware Legislation
Governor Markell has proposed legislation to:
1. Require background checks for private sales of firearms
2. Require the reporting of lost and stolen firearms
3. Ban the manufacture, sale or possession of handgun magazines with a capacity of more than ten rounds and rifle or shotgun magazines with a capacity of more than five rounds
4. Ban the manufacture or sale of “military-style assault weapons”
5. Ban the possession of a firearm within 1,000 feet of a school
The Delaware legislature has passed the first proposal which awaits Governor Markell’s signature. Once Delaware HB 35 is signed into law, effective July 1, 2013, persons in Delaware may not transfer firearms without conducting a background check through a licensed firearm dealer. Transfer is broadly defined but does not include loaning a firearm for up to 14 days to a person personally known or a temporary transfer for a lawful purpose of up to 24 hours. Exception is also made for transfers to immediate family members.
Delaware HB 35 will require licensed Delaware firearm dealers to run background checks for private sales but authorizes a fee for this service of up to $50.00. By comparison, the NY SAFE Act does not require dealers to run background checks on private sales in New York but caps the fee which can be charged at $10.00. As we expected, this has already caused issues in New York as many dealers won’t do the check for only $10. The Delaware legislation may have been drafted to address what’s been happening in New York, by requiring dealer participation but allowing for a higher fee.
