Conn. Gen. Stat. § 29-37a: Sale, delivery or transfer of long guns. Procedure. Penalty.
Where this section sits in the code
- TITLE 29. PUBLIC SAFETY AND STATE POLICE
- CHAPTER 529. DIVISION OF STATE POLICE
(a) For the purposes of this section, “long gun” means a firearm, as defined in section 53a-3, other than a pistol or revolver.
(b) (1) Except as provided in subdivision (2) of this subsection, no person, firm or corporation may sell, deliver or otherwise transfer, at retail, any long gun to any person under eighteen years of age.
(2) No person, firm or corporation may sell, deliver or otherwise transfer any semi-automatic centerfire rifle that has or accepts a magazine with a capacity exceeding five rounds to any person under twenty-one years of age. The provisions of this subdivision shall not apply to the sale, delivery or transfer of such a rifle to any person who is a member or employee of an organized local police department, the Department of Emergency Services and Public Protection or the Department of Correction or a member of the military or naval forces of this state or of the United States for use in the discharge of their duties.
(c) No person may purchase or receive any long gun unless such person holds a valid long gun eligibility certificate issued pursuant to section 29-37p, a valid permit to carry a pistol or revolver issued pursuant to subsection (c) of section 29-28, a valid permit to sell firearms at retail issued pursuant to subsection (b) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f.
(d) No person, firm or corporation may sell, deliver or otherwise transfer any long gun unless the person to whom the same is sold, delivered or transferred is personally known to the person selling such long gun or making delivery or transfer thereof or provides evidence of such person's identity in the form of a motor vehicle operator's license, identity card issued pursuant to section 1-1h or valid passport. No such sale, delivery or other transfer of any long gun shall be made until the person, firm or corporation selling, delivering or transferring such long gun completes a transfer document, on a form prescribed and furnished by the Commissioner of Emergency Services and Public Protection, and obtains an authorization number from said commissioner. Such transfer document shall contain the name and address of the transferor and transferee, the date of sale, the caliber, make, model and manufacturer's number and a general description of such long gun, the identification number of the transferor's and transferee's permit to carry pistols or revolvers, issued pursuant to subsection (b) of section 29-28, permit to sell firearms at retail, issued pursuant to subsection (a) of said section, eligibility certificate for a pistol or revolver, issued pursuant to section 29-36f, or eligibility certificate for a long gun, issued pursuant to section 29-37p, as applicable, and the authorization number designated for the transfer by the Department of Emergency Services and Public Protection. The Commissioner of Emergency Services and Public Protection shall perform the national instant criminal background check and make a reasonable effort to determine whether there is any reason that would prohibit such transferee from being eligible to receive such long gun. If the commissioner determines the existence of such a reason, the commissioner shall (1) deny the sale, delivery or transfer, and no such long gun shall be sold, delivered or otherwise transferred to such transferee by such person, firm or corporation, and (2) inform the local permitting authority, as defined in section 29-28, or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state, as referenced in subsection (c) of section 29-28, if the transferee has a bona fide permanent residence within the jurisdiction of such tribe, as the case may be, that the transferee is not eligible to receive a long gun. When any long gun is delivered in connection with any sale or purchase, such long gun shall be enclosed in a package, the paper or wrapping of which shall be securely fastened, and no such long gun when delivered on any sale or purchase shall be loaded or contain any gunpowder or other explosive or any bullet, ball or shell. Upon the sale, delivery or other transfer of the long gun, the person, firm or corporation selling such long gun, or making delivery or transfer thereof, shall (A) give one copy of the transfer document to the person making the purchase of such long gun or to whom the same is delivered or transferred, (B) retain one copy of the transfer document for at least five years, and (C) send by first class mail or electronically transmit, within forty-eight hours of such sale, delivery or other transfer, (i) one copy of the transfer document to the Commissioner of Emergency Services and Public Protection, and (ii) one copy of the transfer document to the local permitting authority or the chief of police of a law enforcement unit of any federally recognized Native American tribe within the borders of the state, as referenced in subsection (c) of section 29-28, if the transferee has a bona fide permanent residence within the jurisdiction of such tribe. If the transferor or transferee is a federally licensed firearms dealer, such federally licensed firearms dealer shall retain the transfer document for at least twenty years or until such federally licensed firearms dealer goes out of business. Such transfer document shall be available for inspection during normal business hours by law enforcement officials.
(e) The provisions of subsections (c) and (d) of this section shall not apply to the sale, delivery or transfer of (1) long guns to (A) the Department of Emergency Services and Public Protection, police departments, the Department of Correction, the Division of Criminal Justice, the Department of Motor Vehicles, the Department of Energy and Environmental Protection or the military or naval forces of this state or of the United States, (B) a sworn and duly certified member of an organized police department, the Division of State Police within the Department of Emergency Services and Public Protection or the Department of Correction, a chief inspector or inspector in the Division of Criminal Justice, a salaried inspector of motor vehicles designated by the Commissioner of Motor Vehicles, a conservation officer or special conservation officer appointed by the Commissioner of Energy and Environmental Protection pursuant to section 26-5, or a constable who is certified by the Police Officer Standards and Training Council and appointed by the chief executive authority of a town, city or borough to perform criminal law enforcement duties, pursuant to a letter on the letterhead of such department, division, commissioner or authority authorizing the purchase and stating that the sworn member, inspector, officer or constable will use the long gun in the discharge of official duties, and that a records check indicates that the sworn member, inspector, officer or constable has not been convicted of a crime of family violence, for use by such sworn member, inspector, officer or constable in the discharge of such sworn member's, inspector's, officer's or constable's official duties or when off duty, (C) a member of the military or naval forces of this state or of the United States, or (D) a nuclear facility licensed by the United States Nuclear Regulatory Commission for the purpose of providing security services at such facility, or any contractor or subcontractor of such facility for the purpose of providing security services at such facility; (2) long guns to or between federally licensed firearm manufacturers, importers or dealers; (3) curios or relics, as defined in 27 CFR 478.11, to or between federally licensed firearm collectors; or (4) antique firearms. For the purposes of this subsection, “antique firearm” means any firearm that was manufactured in or before 1898 and any replica of such firearm, provided such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition except rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and not readily available in the ordinary channel of commercial trade.
(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. The court shall not order suspension of prosecution unless the accused person has acknowledged that he understands the consequences of the suspension of prosecution. Any person for whom prosecution is suspended shall agree to the tolling of any statute of limitations with respect to such violation and to a waiver of his right to a speedy trial. Such person shall appear in court and shall be released to the supervision of the Court Support Services Division for such period, not exceeding two years, and under such conditions as the court shall order. If the person refuses to accept, or, having accepted, violates such conditions, the court shall terminate the suspension of prosecution and the case shall be brought to trial. If such person satisfactorily completes his period of probation, he may apply for dismissal of the charges against him and the court, on finding such satisfactory completion, shall dismiss such charges. If the person does not apply for dismissal of the charges against him after satisfactorily completing his period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the person satisfactorily completed his period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a. An order of the court denying a motion to dismiss the charges against a person who has completed his period of probation or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.
(g) Any person who violates any provision of this section shall be guilty of a class D felony, except that any person who sells, delivers or otherwise transfers a long gun in violation of the provisions of this section, knowing that such long gun is stolen or that the manufacturer's number or other mark of identification on such long gun has been altered, removed or obliterated, shall be guilty of a class B felony, and any long gun found in the possession of any person in violation of any provision of this section shall be forfeited.
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