§ 29-28 — Permit for sale at retail of firearms. Permit to carry pistol or revolver. Confidentiality of name and address of permit holder. Permits for out-of-state residents.

Connecticut § 29-28

• Jurisdiction: Connecticut
• Title 29: Public Safety and State Police
• Ch. 529: Division of State Police

Text

(a)(1) No person who sells ten or more firearms in a calendar year or is a federally licensed firearm dealer shall advertise, sell, deliver, or offer or expose for sale or delivery, or have in such person's possession with intent to sell or deliver, any pistol or revolver at retail without having a permit therefor issued as provided in this subsection. (2) The chief of police or, where there is no chief of police, the chief executive officer, as defined in section 7-193 , of the municipality, as defined in section 7-148 , or, if designated by such chief executive officer, the resident state trooper serving such municipality or a state police officer of the state police troop having jurisdiction over such municipality, may, upon the application of any person, issue a permit in such form as may be prescribed by the Commissioner of Emergency Services and Public Protection for the sale at retail of firearms within the jurisdiction of the authority issuing such permit. No permit for the sale at retail of firearms shall be issued unless the applicant holds a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or a valid state permit to carry a pistol or revolver issued pursuant to subsection (b) of this section; and the applicant submits documentation sufficient to establish that local zoning requirements have been met for the location where the sale is to take place, except that any person selling or exchanging a pistol or revolver for the enhancement of a personal collection or for a hobby or who sells all or part of such person's personal collection of pistols or revolvers shall not be required to submit such documentation for the location where the sale or exchange is to take place. (3) Any person holding a valid permit for the sale at retail of pistols or revolvers issued on or before September 30, 2023, shall be deemed to be a holder of a valid permit for the sale at retail of firearms until such permit for the sale at retail of pistols or revolvers expires or is revoked, suspended, confiscated or surrendered. The holder of such permit may renew such permit as a permit for the sale at retail of firearms pursuant to section 29-30 . (b) Upon the application of any person having a bona fide permanent residence within the jurisdiction of any such authority, such chief of police or, where there is no chief of police, such chief executive officer, as defined in section 7-193 , or, if designated by such chief executive officer, a resident state trooper or state police officer, as applicable, may issue a temporary state permit to such person to carry a pistol or revolver within the state, provided such authority shall find that such applicant intends to make no use of any pistol or revolver which such applicant may be permitted to carry under such permit other than a lawful use and that such person is a suitable person to receive such permit. Such applicant shall submit to a state and national criminal history records check in accordance with section 29-17a . If the applicant has a bona fide permanent residence within the jurisdiction of any federally recognized Native American tribe within the borders of the state, and such tribe has a law enforcement unit, as defined in section 7-294a , the chief of police of such law enforcement unit may issue a temporary state permit to such person pursuant to the provisions of this subsection, and any chief of police of any other law enforcement unit having jurisdiction over an area containing such person's bona fide permanent residence shall not issue such temporary state permit if such tribal law enforcement unit accepts applications for temporary state permits. Such applicant shall submit to a state and national criminal history records check in accordance with section 29-17a . No state or temporary state permit to carry a pistol or revolver shall be issued under this subsection if the applicant: (1) (A) For any application filed prior to July 1, 2024, has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association, and (B) for any application filed on or after July 1, 2024, has failed to successfully complete, not earlier than two years prior to the submission of such application, a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of firearms, which courses may include those certified by the National Rifle Association or other organizations, conducted by an instructor certified by the National Rifle Association or by the state, provided any such course includes instruction in state law requirements pertaining to safe storage in the home and in vehicles, lawful use of firearms and lawful carrying of firearms in public. Any person wishing to provide such course, may apply in the form and manner prescribed by the commissioner. The commissioner shall approve or deny any application for provision of such a course not later than July 1, 2024, in the case of an application submitted before October 1, 2023; (2) has been convicted of (A) a felony, (B) a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of section 53a-58 , 53a-61 , 53a-61a , 53a-62 , 53a-63 , 53a-96 , 53a-175 , 53a-176 , 53a-178 or 53a-181d during the preceding twenty years or a misdemeanor violation of any law of this state that has been designated as a family violence crime pursuant to section 46b-38h ; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120 ; (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13 ; (5) (A) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495 , within the preceding sixty months by order of a probate court, or (B) has been voluntarily admitted on or after October 1, 2013, or has been committed under an emergency certificate pursuant to section 17a-502 on or after October 1, 2023, to a hospital for persons with psychiatric disabilities, as defined in section 17a-495 , within the preceding six months for care and treatment of a psychiatric disability and not solely for being an alcohol-dependent person or a drug-dependent person, as those terms are defined in section 17a-680 ; (6) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person, including an ex parte order issued pursuant to section 46b-15 or 46b-16a ; (7) is subject to a firearms seizure order issued prior to June 1, 2022, pursuant to section 29-38c after notice and hearing, or a risk protection order or risk protection investigation order issued on or after June 1, 2022, pursuant to section 29-38c ; (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(2), (g)(4) or (g)(9); (9) is an alien illegally or unlawfully in the United States; or (10) is less than twenty-one years of age. Nothing in this section shall require any person who holds a valid permit to carry a pistol or revolver on July 1, 2024, to participate in any additional training in the safety and use of pistols and revolvers. No person may apply for a temporary state permit to carry a pistol or revolver more than once within any twelve-month period, and no temporary state permit to carry a pistol or revolver shall be issued to any person who has applied for such permit more than once within the preceding twelve months. Any person who applies for a temporary state permit to carry a pistol or revolver shall indicate in writing on the application, under penalty of false statement in such manner as the issuing authority prescribes, that such person has not applied for a temporary state permit to carry a pistol or revolver within the past twelve months. Upon issuance of a temporary state permit to carry a pistol or revolver to the applicant, the local 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 this subsection, shall forward the original application to the commissioner. Not later than sixty days after receiving a temporary state permit, an applicant shall appear at a location designated by the commissioner to receive the state permit. The commissioner may then issue, to any holder of any temporary state permit, a state permit to carry a pistol or revolver within the state. Upon issuance of the state permit, the commissioner shall make available to the permit holder a copy of the law regarding the permit holder's responsibility to report the loss or theft of a firearm and the penalties associated with the failure to comply with such law. Upon issuance of the state permit, the commissioner shall forward a record of such permit to the local 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 this subsection, issuing the temporary state permit. The commissioner shall retain records of all applications, whether approved or denied. The copy of the state permit delivered to the permittee shall be laminated and shall contain a full-face photograph of such permittee. A person holding a state permit issued pursuant to this subsection shall notify the issuing authority within two business days of any change of such person's address. The notification shall include the old address and the new address of such person. (c) No issuing authority may require any sworn member of the Department of Emergency Services and Public Protection or an organized local police department to furnish such sworn member's residence address in a permit application. The issuing authority shall allow each such sworn member who has a permit to carry a pistol or revolver issued by such authority to revise such member's application to include a business or post office address in lieu of the residence address. The issuing authority shall notify each such member of the right to revise such application. (d) Notwithstanding the provisions of sections 1-210 and 1-211 , the name and address of a person issued a permit to sell firearms at retail pursuant to subsection (a) of this section or a state or a temporary state permit to carry a pistol or revolver pursuant to subsection (b) of this section, or a local permit to carry pistols and revolvers issued by local authorities prior to October 1, 2001, shall be confidential and shall not be disclosed, except (1) such information may be disclosed to law enforcement officials acting in the performance of their duties, including, but not limited to, employees of the United States Probation Office acting in the performance of their duties and parole officers within the Department of Correction acting in the performance of their duties, (2) the issuing authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33 , 29-37a or 29-38m for verification that such state or temporary state permit is still valid and has not been suspended or revoked, and the local authority may disclose such information to the extent necessary to comply with a request made pursuant to section 29-33 , 29-37a or 29-38m for verification that a local permit is still valid and has not been suspended or revoked, and (3) such information may be disclosed to the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500 . (e) The issuance of any permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying of a pistol or revolver is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises. (f) Any bona fide resident of the United States having no bona fide permanent residence within the jurisdiction of any local authority in the state, but who has a permit or license to carry a pistol or revolver issued by the authority of another state or subdivision of the United States, may apply directly to the Commissioner of Emergency Services and Public Protection for a permit to carry a pistol or revolver in this state. All provisions of subsections (b), (c), (d) and (e) of this section shall apply to applications for a permit received by the commissioner under this subsection. Such applicant shall submit to a state and national criminal history records check in accordance with section 29-17a . See Sec. 53-202 re penalties for illegal use or possession of machine guns. See Sec. 53-206 re penalties for carrying of dangerous weapons.

Legislative History

(1949 Rev., S. 4158, 4159; 1959, P.A. 615, S. 19; P.A. 77-614, S. 486, 610; P.A. 90-155, S. 1; P.A. 92-130, S. 4, 10; P.A. 93-172, S. 1; July Sp. Sess. P.A. 94-1, S. 4; P.A. 98-129, S. 6; P.A. 99-212, S. 19; P.A. 01-130, S. 4; P.A. 05-283, S. 4; P.A. 07-163, S. 2; P.A. 11-51, S. 134; 11-80, S. 1; P.A. 12-177, S. 1; P.A. 13-3, S. 57; 13-220, S. 14; P.A. 15-216, S. 3; June Sp. Sess. P.A. 15-2, S. 3; P.A. 16-34, S. 8; P.A. 21-67, S. 3; P.A. 22-102, S. 2; P.A. 23-53, S. 4, 5, 29; 23-89, S. 4; 23-130, S. 1; P.A. 24-24, S. 9.) History: 1959 act corrected typographical error; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 90-155 added provision re compliance with local zoning requirements; P.A. 92-130 divided section into two Subsecs., inserting new language as Subsec. (b) to prohibit issuing authority from requiring police officers to furnish their residence addresses in permit applications and to require issuing authority to allow police officers who have a permit to carry a pistol or revolver on May 26, 1992, to revise such applications to include business or post office address in lieu of residence address; P.A. 93-172 amended Subsec. (a) to require copy of state permit delivered to permittee to be laminated and contain full-face photograph of permittee; July Sp. Sess. P.A. 94-1 amended Subsec. (a) to require any person “who sells ten or more pistols or revolvers in a calendar year or is a federally-licensed firearm dealer” to obtain a permit for the sale at retail of pistols and revolvers and to prohibit the issuance of such permit unless the applicant holds a valid eligibility certificate or valid permit to carry, designated as Subsec. (b) existing provisions re application for and issuance of permit to carry and amended said Subsec. to replace provision prohibiting the issuance of such permit to an alien with provision prohibiting the issuance of such permit to any applicant who comes within any of the six specified circumstances, add provision exempting current permit holders from additional training and add provision requiring a permit holder to notify the issuing authority of any change of address, redesignated former Subsec. (b) as Subsec. (c) and added Subsec. (d) re confidentiality of name and address of permit holders; P.A. 98-129 added new Subsec. (b)(3) prohibiting the issuance of a permit to an applicant who has been convicted as delinquent of a serious juvenile offense, renumbering the remaining Subdivs. accordingly, and replacing in Subdiv. (5) “hospital for mental illness” with “hospital for persons with psychiatric disabilities”, added Subsec. (d)(3) authorizing the disclosure of such information to the Commissioner of Mental Health and Addiction Services to carry out the provisions of Sec. 17a-500(c), and added new Subsec. (e) to provide that the issuance of a permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver where prohibited by law or by the person who owns or exercises control over the premises; P.A. 99-212 added new Subsec. (b)(7) prohibiting the issuance of a permit to an applicant who is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice and hearing, renumbering remaining Subdiv. accordingly, and made provisions gender neutral; P.A. 01-130 amended Subsecs. (a), (b) and (d) to establish state permits for sale at retail and state permits to carry pistols and revolvers in place of local permits for sale and local permits to carry, added Subsec. (b)(9) prohibiting a state permit to carry from being issued to persons under age 21, added Subsec. (f) providing for out-of-state residents to obtain state permits to carry, and made technical and conforming changes throughout; P.A. 05-283 added new Subsec. (b)(8) prohibiting the issuance of a permit to an applicant who is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922 (g)(4), redesignated existing Subdivs. (8) and (9) as Subdivs. (9) and (10); P.A. 07-163 amended Subsec. (b) to add provision requiring commissioner, upon issuance of state permit, to make available to permit holder a copy of the law requiring reporting of the loss or theft of a firearm and penalties for failure to comply with the law; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011; P.A. 12-177 amended Subsec. (d)(1) to permit disclosure of information to employees of the U.S. Probation Office acting in performance of their duties; P.A. 13-3 amended Subsec. (b) to add “permanent” re bona fide residence and delete “or place of business” re within jurisdiction, to replace “twelve months” with “sixty months” re hospital confinement by probate court order and add Subpara. (B) re voluntary admission in Subdiv. (5), and to add provisions prohibiting application for and issuance of a temporary state permit to carry a pistol or revolver more than once within any 12-month period, amended Subsec. (d)(2) to add references to request made pursuant to Sec. 29-37a or 29-38m, amended Subsec. (f) to add “permanent” re bona fide residence and delete “or place of business” re within jurisdiction, and made technical and conforming changes; P.A. 13-220 amended Subsec. (b)(2) to limit disqualifying violations to those committed on or after October 1, 1994, and make technical changes; P.A. 15-216 amended Subsec. (d)(1) to add reference to parole officers within Department of Correction; June Sp. Sess. P.A. 15-2 amended Subsec. (b)(2)(B) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; P.A. 16-34 amended Subsec. (b)(6) by adding “including an ex parte order issued pursuant to section 46b-15 or 46b-16a”; P.A. 21-67 amended Subsec. (b)(2)(B) by replacing “on or after October 1, 1994, a violation of section 21a-279 or” with “a misdemeanor violation of section 21a-279 on or after October 1, 2015, or (C) a misdemeanor violation of” and adding “during the preceding twenty years” at the end of newly designated Subpara. (C) and amended Subsec. (b)(7) by adding reference to June 1, 2022, and language re a risk protection order or investigation and making a technical change, effective June 1, 2022; P.A. 22-102 amended Subsecs. (a) and (b) by substituting provision re chief executive officer of the municipality or designated resident state trooper or state police officer for warden or first selectman, amended Subsec. (b) by adding provision re applicant with bona fide permanent residence within jurisdiction of federally recognized Native American tribe and made a technical change, effective July 1, 2022; P.A. 23-53 amended Subsec. (a) by replacing permit for retail sale of pistols and revolvers with permit for retail sale of firearms and making conforming changes, redesignating existing language in Subsec. (a) re requirement of permit as Subsec. (a)(1) and issuance of permit as Subsec. (a)(2), adding Subsec. (a)(3) re existing holders of a permit for sale at retail of pistols or revolvers and making a technical change, amended Subsec. (b) by redesignating existing Subdiv. (1) as Subdiv. (1)(A) and adding language in same re any application filed prior to July 1, 2024, adding Subdiv. (1)(B) re any application filed on or after July 1, 2024, adding language re a misdemeanor violation of any law designated as a family violence crime in Subdiv. (2)(C), replacing reference to 18 USC 922(g)(4) with reference to 18 USC 922(g)(2), (g)(4) or (g)(9) in Subdiv. (8), replacing “October 1, 1994” with “July 1, 2024” in Subdiv. (10) and making technical changes and amended Subsec. (d) by replacing provision re permit for the retail sale of pistols and revolvers with provision re permit for the retail sale of firearms; P.A. 23-89 amended Subsec. (b)(5)(B) by adding provision re commitment under an emergency certificate pursuant to Sec. 17a-502; P.A. 23-130 amended Subsecs. (a) and (b) by inserting “, as defined in section 7-193,”, amended Subsec. (b) by adding provisions re state and national criminal history records check in accordance with Sec. 29-17a, chief of police of law enforcement unit of federally recognized Native American tribe forwarding application after issuing a temporary permit and commissioner forwarding record of state permit to such chief and making a technical change and amended Subsec. (f) by adding provision re state and national criminal history records check in accordance with Sec. 29-17a, effective July 1, 2023; P.A. 24-24 made technical changes in Subsec. (b)(2). After defendant's loaded revolver was removed from his waistband while he was seated in his car after midnight in a high crime area, officer justified in seizure and arrest of defendant under the circumstances of speedy information by informant. 157 C. 114. Search of defendant's car, upon his arrest for breach of the peace, which yielded weapon was incidental to his arrest and properly made. Id., 222. Cited. 163 C. 176. Section has the effect of placing the burden of proof on alleged violators constituting a denial of due process and is therefore invalid. 165 C. 577, 597. Cited. 170 C. 81. State must prove beyond reasonable doubt that proper permit had not been issued, since that is essential element of the crime. Id., 234. Cited. 172 C. 21; Id., 94; 174 C. 22; Id., 405; 178 C. 534; 179 C. 516; 193 C. 7; 209 C. 322; 222 C. 621. Cited. 9 CA 169; judgment reversed, see 205 C. 370; Id., 330; 17 CA 556; 25 CA 433; 36 CA 576; 38 CA 434; 39 CA 224; Id., 242. Separate and distinct crime from the carrying of dangerous weapons on the person. 10 CS 272. Cited. 22 CS 173; Id., 201; 23 CS 82; 35 CS 659; 42 CS 157. Cited. 5 Conn. Cir. Ct. 119. Subsec. (b): Subdiv. (2)(B): In light of the fact that the legislature has previously used explicit language in other Connecticut statutes to incorporate equivalent out-of-state convictions, the absence of such language in Subdiv. indicates that only a felony conviction for an enumerated Connecticut statutory provision to stand as a per se bar to obtaining a state pistol permit. 343 C. 62. Subsec. does not limit board to a deferential review of the judgment of authority issuing the permit. 129 CA 414. Purpose of statutory scheme is to protect the public from individuals whose conduct has shown them to be lacking the essential character or temperament necessary to be entrusted with a weapon. 46 CS 550. Subsec. (d): Names and addresses of persons having applied for, but not having received, permits to carry revolvers or pistols are exempt from mandatory disclosure under the Freedom of Information Act. 157 CA 684.