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Thread: Proposed 2009 Legislation by DPS to mandate Concealed Carry

  1. #1
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    DPS plans to propose legislation for 2009 on Gun laws. One of the proposals would require concealment.



    STATE OF CONNECTICUT
    [size=AGENCY LEGISLATIVE PROPOSAL][/size]
    2009 SESSION








    Document Name (e.g., OPM091.doc; OPM092.doc)



    dps09-05









    Agency
    Department of Public Safety






    Agency Priority (See instructions)

    #5





    Contact Person
    Atty. Steven Spellman






    Telephone
    685-8146





    Email Address
    Steven.Spellman@po.state.ct.us





    Title of Proposal
    AAC Regulation of Firearms [/b]




    Statutory Reference



    Proposal Type
    x New x Resubmittal[size=* ][/size][/b]([size=See below)][/size]





    [size=*][/size][/b]If resubmittal: What happened? What was last action this past legislative session?

    Except for sections 2,and 6, this proposal was in SB 178 of 08 session, which passed Senate and died on House floor





    ATTACH COPY OF FULLY DRAFTED BILL (Required for review)















    APPROVAL OF OTHER AFFECTED AGENCY (Attach additional approvals if necessary)




    Agency





    Agency Contact (Name and Title)







    [size=Attach Summary of Agency Comments][/size]

    Contact Date










    Summary of Proposal (Include background information)

    Section 1: [/b]Changes to Add Exceptions to Carrying of Dangerous Weapons and Facsimile Firearms: An exception is added to the carrying of dangerous weapons and the sale, carrying and brandishing of facsimile firearms statutes for any person while participating in a qualified production under the auspices of a state-certified production company.

    Section 2: New Statute Concerning Carrying a Pistol or Revolver Concealed: This new statute would require any person carrying a pistol or revolver, pursuant to section 29-35, to conceal such pistol or revolver.

    Section 3: Conform statute prohibiting Carrying a firearm while under the influence of intoxicating liquor or drug to .08

    Section 4:[/b] Changes to Add Annual Firearms Refresher Training and DPS Approval of Instructors to the Bail Enforcement Agent Licensing and Permit to Carry Firearm Statutes: Additions are made to the bail enforcement agent licensing and special permit to carry firearm application process that would mandate annual firearms refresher training for armed bail enforcement agents, professional bondsmen and surety bail bond agents. Proposal would also require DPS approval of instructors and allow for the suspension or revocation of such approval for cause.

    Section 5:[/b] Changes to the Gun Show Requirements: Language has been added that would require a gun show promoter to also notify the Commissioner of Public Safety not later than thirty days before commencement of a gun show, of the date, time, duration and location of a planned gun show. Requirements for notifying local authorities remain unchanged.

    Section 6:[/b] Provides indemnification for municipal police officers serving on Statewide Firearms Trafficking Task Force against losses or damages arising out of service on task force.











    Reason for Proposal (Include significant policy and programmatic impacts)



    Section 1: Changes to Add Exceptions to Carrying of Dangerous Weapons and Facsimile Firearms: Adding such exemptions to existing weapons and facsimile firearms statutes would remove some special effects and firearms legal impediments, making it easier to promote the influx of the movie and film-making industry to conduct business in Connecticut

    Section 2: This new statute would require any person carrying a pistol or revolver, pursuant to section 29-35, to conceal such pistol or revolver. Law enforcement exceptions are incorporated within the proposal.

    Section 3: Statute prohibiting Carrying a firearm while under the influence of intoxicating liquor or drug should have same standard as other statutory prohibitions in order to provide consistency between this statute and similar legal limits for determining intoxication within section 14-227a, Operation While Under the Influence of Liquor or Drug or While having an Elevated Blood Alcohol Content.

    Section 4:[/b] Changes to Add Annual Firearms Refresher Training and DPS Approval of Instructors to the Bail Enforcement Agent Licensing and Permit to Carry Firearm Statutes: Proposal would mandate annual firearms refresher training for bail enforcement agents, professional bondsmen and surety bail bond agents, providing consistency with firearms training requirements for armed security officers. Proposal would also require DPS approval of instructors and allow for the suspension or revocation of such approval for cause.

    Section 5: [/b]Changes to the Gun Show Requirements Statute: This proposal would require gun show promoters who are planning a gun show to notify the Commissioner of Public Safety of the event in addition to the current requirement of notification to the local authority.

    Section 6:[/b] The existing statute does not provide indemnification for municipal police officers serving on Statewide Firearms Trafficking Task Force against losses or damages arising out of service on task force. Similar statutes providing for municipal police officers to serve on statewide task forces do provide for such indemnity. (Narcotics Task Force 29-177 or State Urban Violence and Cooperative Crime Control Task Force 29-179f)



    [/b]













    Significant Fiscal Impacts


    Municipal:

    Section 1: none

    Section 2: minimal

    Section 3: none

    Section 4: none

    Section 5: none

    Section 6: possible savings





    Federal:

    Section 1: none

    Section 2: none

    Section 3: none

    Section 4: none

    Section 5: none

    Section 6: none



    [/b]

    State:

    Section 1: none

    Section 2: minimal can be absorbed

    Section 3: none

    Section 4: minimal can be absorbed; some revenue gain

    Section 5:none

    Section 6: some increased liability















































    Insert Fully Drafted Bill Here
    Section One:

    [/b]

    Section 53-206c of the general statutes is repealed and the following is substituted in lieu thereof (Effective [/i]October 1, 2008[/i]):

    (a) For the purposes of this section:

    (1) "Facsimile of a firearm" means (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB. or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.

    (2) "Firearm" means firearm as defined in section 53a-3.

    (b) No person shall give, offer for sale or sell any facsimile of a firearm. The provisions of this subsection shall not apply to any facsimile of a firearm, which, because of its distinct color, exaggerated size or other design feature, cannot reasonably be perceived to be a real firearm.

    (c) Except in self defense, no person shall carry, draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in a threatening manner, with intent to frighten, vex or harass another person.

    (d) No person shall draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties knowing or having reason to know that such peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his duties, with intent to impede such person in the performance of such duties.




    (e) This section shall not apply to any person while participating in a qualified production under the auspices of a state-certified production company as defined in Section 12-217jj.

    [(e)] (f) Any person who violates any provision of this section shall be guilty of a class C misdemeanor.










    Section Two[/b]:



    (NEW) Carrying a pistol or revolver concealed. Exceptions. Penalties. (Effective [/i][/b]October 1, 2009[/i][/b]): [/b]

    [/b]

    (a) [/b]Any person carrying a pistol or revolver, pursuant to the provisions of section 29-35, shall conceal such pistol or revolver.



    (b) The provisions of this section shall not apply to the carrying of any pistol or revolver by any parole officer or peace officer of this state, or parole officer or peace officer of any other state while engaged in the pursuit of official duties, or federal marshal or federal law enforcement agent while engaged in the pursuit of official duties, or to any member of the armed forces of the United States, as defined by section 27-103, or of this state, as defined by section 27-2, when such member of the armed forces is on duty or going to or from duty.



    (c) Any person who violates any provision of subsection (a) of this section shall be guilty of a class C misdemeanor.





    [/b]

    [/b]

    [/b]

    [/b]

    [/b]

    Section Three:[/b]

    Sec. 53-206d of the general statutes is repealed and the following is substitutes in lieu thereof (Effective [/i][/b]October 1, 2008[/i][/b]):[/b]

    (a)(1) 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 (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is [/b][ten-hundredths] [/b]eight-hundredths of one per cent or more of alcohol, by weight.



    (2) Any person who violates any provision of this subsection shall be guilty of a class B misdemeanor.



    (b) (1) No person shall engage in hunting while under the influence of intoxicating liquor or any drug, or both, or while impaired by the consumption of intoxicating liquor. A person shall be deemed under the influence when at the time of the alleged offense the person (A) is under the influence of intoxicating liquor or any drug, or both, or (B) has an elevated blood alcohol content. For the purposes of this subdivision, "elevated blood alcohol content" means (i) a ratio of alcohol in the blood of such person that is [[/b]ten-hundredths][/b] eight-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than [[/b]ten-hundredths][/b] eight-hundredths of one per cent of alcohol, by weight.



    (2) Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.



    (3) Enforcement officers of the Department of Environmental Protection are empowered to arrest for a violation of the provisions of this subsection.

    [/b]

    [/b]

    [/b]







    [/b]

    [/b]

    Section Four:[/b]



    (NEW) (Effective October 1, 2009):

    (a) (1) On and after October 1, 2009, no person or employee of an association, corporation or partnership shall conduct a course pursuant to section 29-152f(a) of the general statutes or subsection (b) of section 29-152m of the general statutes, as amended by this act, without the approval of the commissioner. Application for such approval shall be submitted on a form prescribed by the commissioner. Such application shall be made under oath and shall contain the following: (A) The applicant's name, address, and date and place of birth; (B) the applicant's employment for the five years prior to the date of application; (C) the applicant's education or training in the subject matter of the courses required by section 29-152f of the general statutes or subsection (b) of section 29-152m of the general statutes, as amended by this act, as applicable; (D) any convictions for violations of the law; and (E) such other information as the commissioner may require by any regulation adopted pursuant to this section to investigate the character, competency and integrity of the applicant. No person shall be approved as an instructor who has been convicted of a felony or any misdemeanor pursuant to section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d, who has been denied a license as a professional bondsman, surety bail bond agent or bail enforcement agent, or if said license has been revoked or suspended. (2) If a course conducted by an instructor pursuant to section 29-152f of the general statutes or subsection (b) of section 29-152m of the general statutes, as amended by this act, is approved by the commissioner on or before September 30, 2009, the instructor of such course shall have until April 1, 2010, to apply for approval as an instructor in accordance with subdivision (1) of this subsection.

    (b) Upon being satisfied, after investigation, that the applicant is a suitable person to receive approval as an instructor and that the applicant satisfies the requirements of subsection (a) of this section, the Commissioner of Public Safety may issue an approval to such applicant to do business in this state as an approved instructor. The fee for such approval shall be twenty dollars. The term for such approval shall not exceed two years. Not later than two business days after a change of address, any person approved as an instructor under this section shall notify the commissioner of such change and such notification shall include both the old and new addresses.

    (d) Each person approved as an instructor under this section may apply for renewal of such approval on a form provided by the Commissioner of Public Safety that provides for the disclosure of such information as said commissioner requires to determine whether such instructor's suitability to continue as an instructor has changed since the issuance of the prior approval. The fee for such renewal shall be twenty dollars.

    (e) Any person, firm or corporation that violates any provision of this section shall be fined seventy-five dollars for each offense. Each distinct violation of this section shall be a separate offense and, in the case of a continuing violation, each day thereof shall be deemed a separate offense.

    (f)The Commissioner of Public Safety may suspend, revoke or refuse to renew the approval of any instructor pursuant to section (b) of this act, provided notice shall have been given to the instructor to appear before the commissioner to show cause why the approval should not be suspended, revoked or refused renewal, upon a finding by the commissioner that the instructor: (1) Has violated any of the terms or provisions of section 501 of this act; (2) has practiced fraud, deceit or misrepresentation; (3) has made a material misstatement in the application for issuance or renewal of such approval; (4) has demonstrated incompetence or untrustworthiness in the conduct of the instructor's courses; (5) has been convicted of a felony, a misdemeanor specified in section 29-152f of the general statutes, or other crime affecting the instructor's honesty, integrity or moral fitness; or (6) is unsuitable. Any party aggrieved by an order of the commissioner under this section may appeal therefrom in accordance with the provisions of section 4-183 of the general statutes, except venue for such appeal shall be in the judicial district of Hartford.



    [/b]

    [/b]

    Sec. 29-152m of the general statutes is repealed and the following is substituted in lieu thereof (Effective [/i][/b]October 1, 2008[/i][/b]):[/b]

    [/b]

    (a) No professional bondsman licensed under chapter 533, surety bail bond agent licensed under chapter 700f or bail enforcement agent licensed under sections 29-152f to 29-152i, inclusive, as amended by this act, shall carry a pistol, revolver or other firearm while engaging in the business of a professional bondsman, surety bail bond agent or bail enforcement agent, as the case may be, or while traveling to or from such business unless such bondsman or agent obtains a special permit from the Commissioner of Public Safety in accordance with the provisions of subsection (b) of this section. The permit required under this section shall be in addition to the permit requirement imposed under section 29-28 of the general statutes.



    (b)The Commissioner of Public Safety may grant to any professional bondsman licensed under chapter 533, surety bail bond agent licensed under chapter 700f, or bail enforcement agent licensed under sections 29-152f to 29-152i, inclusive, as amended by this act, a permit to carry a pistol or revolver or other firearm while engaging in the business of professional bondsman, surety bail bond agent or bail enforcement agent, as the case may be, or while traveling to or from such business, provided that such bondsman or agent has proven to the satisfaction of the commissioner that such bondsman or agent has successfully completed a course, approved by the commissioner, of training in the safety and use of firearms. Any such individual licensed under this statute shall complete a yearly refresher safety course approved by the commissioner. [/b]The commissioner shall adopt regulations in accordance with the provisions of chapter 54 of the general statutes concerning the approval of schools, institutions or organizations offering such courses, requirements for instructors and the required number of hours and content of such courses. [/b]

    (c) [/b]Application for a permit issued pursuant to this section shall be made on forms provided by the commissioner and shall be accompanied by a thirty-one dollar fee. Such permit shall have an expiration date that coincides with that of the state permit to carry pistols or revolvers issued pursuant to section 29-28. A permit issued pursuant to this section shall be renewable every five years with a renewal fee of thirty -one dollars. The commissioner shall send, by first class mail, a notice of expiration of the bail enforcement agent firearms permit issued pursuant to this section, together with the notice of expiration of the permit to carry a pistol or revolver issued pursuant to section 29-28, in one combined form. The commissioner shall send such combined notice to the holder of the permits not later than ninety days before the date of such expiration of both permits, and shall enclose a form for renewal of the permits. A bail enforcement agent firearm permit issued pursuant to this section shall be valid for a period of ninety days after the expiration date, except this provision shall not apply if the permit to carry a pistol or revolver has been revoked or revocation is pending pursuant to section 29-32, in which case the bail enforcement agent firearms permit shall also be revoked.



    [/b]

    [/b]

    [/b]

    [/b]

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    [/b]

    Section 5:[/b]

    [/b]

    Section 1. Section 29-37g of the general statutes is repealed and the following is substituted in lieu thereof (Effective [/i]October 1, 2008[/i]):

    (a) For the purposes of this section, (1) "gun show" means any event (A) at which fifty or more firearms are offered or exhibited for sale, transfer or exchange to the public and (B) at which two or more persons are exhibiting one or more firearms for sale, transfer or exchange to the public; and (2) "gun show promoter" means any person who organizes, plans, promotes or operates a gun show.

    (b) Not later than thirty days before commencement of a gun show, the gun show promoter shall notify the chief of police or, where there is no chief of police, the warden of the borough or the first selectman of the town in which the gun show is to take place, and the Commissioner of Public Safety, of the date, time, duration and location of the gun show.

    (c) No person, firm or corporation shall sell, deliver or otherwise transfer a firearm at a gun show until such person, firm or corporation has complied with the provisions of section 29-36l.


    [/b]



    Section 6:[/b]



    Sec. 29-38e. State-wide firearms trafficking task force. Composition. Duties.

    (a) There shall be within the Division of State Police, within the Department of Public Safety, a state-wide firearms trafficking task force for the effective cooperative enforcement of the laws of this state concerning the distribution and possession of firearms.

    (b) The task force shall be comprised of municipal and state law enforcement officers and may include federal law enforcement officers. Such task force shall be authorized to conduct any investigation authorized by this section at any place within the state as may be deemed necessary.

    (c) The task force may request and may receive from any federal, state or local agency, cooperation and assistance in the performance of its duties, including the temporary assignment of personnel which may be necessary to carry out the performance of its functions.

    (d) The task force may enter into mutual assistance and cooperation agreements with other states pertaining to firearms law enforcement matters extending across state boundaries, and may consult and exchange information and personnel with agencies of other states with reference to firearms law enforcement problems of mutual concern.

    (e) The Commissioner of Public Safety may appoint a commanding officer and such other personnel as the commissioner deems necessary for the duties of the task force, within available appropriations.

    (f) The task force shall: (1) Review the problem of illegal trafficking in firearms and its effects, including its effects on the public, and implement solutions to address the problem; (2) identify persons illegally trafficking in firearms and focus resources to prosecute such persons; (3) track firearms which were sold or distributed illegally and implement solutions to remove such firearms from persons illegally in possession of them; and (4) coordinate its activities with other law enforcement agencies within and without the state.




    (g) For purposes of indemnification of municipal law enforcement officers serving on the task force against any losses, damages or liabilities arising out of the service and activities of the task force, personnel while assigned to, and performing the duties of, the task force shall be deemed to be acting as employees of the state.





  2. #2
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    Wow! this is going to generate a lot of lawyerly action. Interesting to me is the provision to register as an "approved" instructor. If I read that correctly, it applies to training instructors engaged with LEO agencies.

    Also, if passed, does it legalize open carry?

    LQM
    “The Constitution shall never be construed... to prevent the people of the United States who are peaceable citizens from keeping their own arms.” —Samuel Adams

    "Here sir, the people govern." -- Alexander Hamilton (speech in the New York ratifying convention, 17 June 1788) Reference: The Debates of the Several State..., Elliot, vol. 2 (348)

    "I would rather be exposed to the inconveniencies attending too much liberty than to those attending too small a degree of it." -- Thomas Jefferson

  3. #3
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    The approved instructor is for security guards, bondsmen, etc.

    And no, it would not make open carry legal, read it again:

    Section 2: This new statute would require any person carrying a pistol or revolver, pursuant to section 29-35, to conceal such pistol or revolver. Law enforcement exceptions are incorporated within the proposal.

  4. #4
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    Isn't the fact that they are explicitly requiring concealment in this revision testament to the fact that there is no such requirement currently, and have been making things up?

  5. #5
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    john_galt wrote:
    Isn't the fact that they are explicitly requiring concealment in this revision testament to the fact that there is no such requirement currently, and have been making things up?
    I had a meeting with the Chief of Police in Branford, and he told me that openly carrying with a permit is "clearly legal" and my right. He didn't rule out arresting me for Breach of the Peace anyway.
    Also, you just need to read the statutes to see that openly carrying is legal. The problem is the policy of arresting people anyway.
    It does put them in the sticky position of justifying why people have been arrested for doing it, and why they have falsely claimed that CT is a "concealed carry" state, without any laws to back that up.
    We need to follow this, and get active opposing it. Where did you get this? Where can we get more information on timelines for when it might come up for a vote?

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    LKB3rd wrote:
    The problem is the policy of arresting people anyway.
    It does put them in the sticky position of justifying why people have been arrested for doing it, and why they have falsely claimed that CT is a "concealed carry" state, without any laws to back that up.
    This is why people who are arrested need to sue for money. Unless they are willing to do this then they need to deal with it and just accept being pushed around.

    Nothing tells a department to follow the law then when they and/or the offending officer gets sued and needs to get another job to pay you damages.

    Money talks and B/S walks. I've been in this field long enough to see this. Most don't care until they get sued, then it's suddenly an issue and I can personally tell you, no LEO wants to get sued and it's something that the LEO community thinks about a lot.

    The case law is simple, if something is legal and they arrest you, they just acted outside the scope of their employment. If the city/state wants to step in as the plantiff, they are free to do that, if they choose not to, the the LEO better have insurance.

  7. #7
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    I think one of the problems is there is no state preemption for the gun laws (at least that's how I read the CGS).

    Guh. This state kills me sometimes.



  8. #8
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    srage10 wrote:
    I think one of the problems is there is no state preemption for the gun laws (at least that's how I read the CGS).

    Guh. This state kills me sometimes.

    Ummm. The state has preemption for pistols.



    Even if they didn't, most states have case law stating that if the state explicitly states something or gives permission for something then it is preempted.

  9. #9
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    Ugh. Well I saw this one coming, that's for sure. When are they going to be voting on this one? When should I break out the word processor and start shooting off letters to my state rep/senator?

  10. #10
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    Not to have the defeatist attitude, but this is going to pass without so much as anyone batting an eye. There's too many useful things in there and I don't see them rejecting it based on that one section.


    When does it get voted on? I'll start the phone calls anyway.

  11. #11
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    I'm no expert but:

    This is proposed legislation by DPS. They will have to find a legislator to bring this forward to the General Assembly in the form of a bill. Sometimes many things get stripped or added before it even gets made into a bill and presented on the house floor. I believe the next session meets in February. I'm very much against mandating concealed carry but if this gets raised in this years session I hope that someone will have the brains to make sure there is a clear definition of exactly what concealed means.

  12. #12
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    they tried this crap last year and it didn't even get put into a bill......if it does...it will have to go in front of the judiciary committee and there will be a public hearing..then a vote..then if it makes it out it will go to state senate/house...then the governor.....

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