§ 29-28b — Holders of permits to sell firearms at retail. Duties. Inventory reconciliation.

(a) In addition to any other duty required by this chapter, a person who possesses a permit to sell firearms at retail issued pursuant to subsection (a) of section 29-28 shall not: (1) Furnish false or fraudulent information in any application to the Department of Emergency Services and Public Protection or fail to comply with representations made in any application; (2) Fail to maintain a permit to carry a pistol or revolver 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 ; (3) Fail to maintain a permit to sell firearms at retail issued pursuant to subsection (a) of section 29-28 ; (4) Fail to maintain effective controls against theft of firearms, including, but not limited to, installation or maintenance of the burglar alarm system required under section 29-37d ; (5) Fail to acquire an authorization number for a firearm transfer pursuant to sections 29-36 l and 29-37a ; (6) Transfer a firearm to a person ineligible to receive such firearm, unless the permittee relied in good faith on information provided to such permittee by the department in verifying the eligibility of such ineligible person; (7) Sell, deliver or otherwise transfer an assault weapon in violation of sections 53-202a to 53-202k , inclusive, or fail to maintain accurate records of any such sale, delivery or transfer; (8) Sell, deliver or otherwise transfer a large capacity magazine in violation of sections 53-202w and 53-202x or fail to maintain accurate records of any such sale, delivery or transfer; (9) Fail to maintain current and proper acquisition and disposition records required by the Bureau of Alcohol, Tobacco, Firearms and Explosives; (10) Fail to post placards or furnish written warnings pursuant to section 29-37b ; (11) Fail to provide a trigger lock, gun lock or gun locking device with each purchase pursuant to section 29-37b ; (12) Fail to verify the age and criminal background of employees pursuant to section 29-37f ; (13) Fail to report any firearm stolen in compliance with section 53-202g and 18 USC 923(g)(6), as amended from time to time; or (14) Fail to conduct an annual physical inventory reconciliation as required by subsection (b) of this section. (b) Any person who possesses a permit to sell firearms at retail shall, not later than the fifth business day of October of each year, cause a physical inventory reconciliation to be performed that includes comparing the physical inventory of firearms with acquisition and disposition records required to be maintained pursuant to this chapter and 27 CFR 478.125 (e), as amended from time to time. A permittee shall, within five business days of performing this inventory reconciliation, attest to the commissioner, in a form and manner specified by the commissioner, that the required inventory reconciliation was performed and any firearms determined to be missing from the inventory were reported to the Attorney General and appropriate local authorities as required by section 53-202g and 18 USC 923 (g)(6), as amended from time to time. (c) (1) If there is probable cause to believe that a person has failed to comply with the duties specified in subsection (a) of this section, the commissioner or the chief of police or, where there is no chief of police, the chief executive officer of the municipality 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 in which such person resides may issue notice of a violation. Such notice shall detail the reasons for issuing such notice and provide a date, not earlier than thirty days following the date of service of the notice, by which such person must cure the violation. (2) If the period for cure described in subdivision (1) of this subsection has expired and the commissioner or chief determines that the violation is not cured, the commissioner or chief or, where there is no chief of police, the chief executive officer of the municipality or if designated by such chief executive officer, the resident state trooper may temporarily prohibit further sale of firearms at the permitted premises by issuing a stop sales order. Such order shall be effective when served upon the person in violation or posted by the commissioner or chief or, where there is no chief of police, the chief executive officer of the municipality or if designated by such chief executive officer, the resident state trooper at the permitted premises. The commissioner or chief or, where there is no chief of police, the chief executive officer of the municipality or if designated by such chief executive officer, the resident state trooper may assess a civil penalty against of not more than one hundred dollars per day during which the violation continues. Any person who sells, delivers or otherwise transfers a firearm in violation of a stop sales order shall be guilty of a class C felony for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine. (3) Any person against which a stop sales order is issued pursuant to subdivision (2) of this subsection may request a hearing before the commissioner to challenge the grounds for issuance of such stop sales order and any associated civil penalties. Such hearing shall be conducted not later than seven days after receipt of such request in accordance with the provisions of chapter 54. (4) Stop sales orders shall be effective against any successor entity that has one or more of the same principals or officers as the corporation, partnership or sole proprietorship against which the stop sales order was issued and are engaged in the same or equivalent trade or activity. (5) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to specify any hearing provisions necessary to carry out the provisions of this subsection.

Legislative History

(P.A. 23-53, S. 8.)