§ 29-36k — Transfer, delivery or surrender of firearms or ammunition by persons ineligible to possess firearms or ammunition. Request for return of firearms or ammunition. Destruction of firearms or ammunition. Penalty.

Connecticut § 29-36k

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

Text

(a) Except as provided in subsection (b) of this section, not later than two business days after the occurrence of any event that makes a person ineligible to possess a pistol or revolver or other firearm or ammunition, such person shall (1) transfer in accordance with section 29-33 all pistols and revolvers which such person then possesses to any person eligible to possess a pistol or revolver and transfer in accordance with any applicable state and federal laws all other firearms to any person eligible to possess such other firearms by obtaining an authorization number for the sale or transfer of the firearm from the Commissioner of Emergency Services and Public Protection, and submit a sale or transfer of firearms form to said commissioner within two business days, or (2) deliver or surrender such pistols and revolvers and other firearms and ammunition to the Commissioner of Emergency Services and Public Protection, provided a local police department may accept such pistols, revolvers, other firearms and ammunition on behalf of said commissioner, or (3) transfer such ammunition to any person eligible to possess such ammunition. The commissioner and a local police department shall exercise due care in the receipt and holding of such pistols and revolvers and other firearms or ammunition. (b) Immediately, but in no event more than twenty-four hours after notice has been provided to a person subject to a restraining or protective order or a foreign order of protection, such person shall (1) transfer any pistol, revolver or other firearm or ammunition which such person then possesses to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm or ammunition to the federally licensed firearms dealer, or (2) deliver or surrender such pistols and revolvers and other firearms and ammunition to the Commissioner of Emergency Services and Public Protection, provided a local police department may accept such pistols, revolvers, other firearms and ammunition on behalf of said commissioner. For the purposes of this section, a “person subject to a restraining or protective order or a foreign order of protection” means a person who knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a , that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person. (c) (1) A person subject to a restraining order or protective order or a foreign order of protection or an order of protection issued under section 46b-16a , who has delivered or surrendered any pistol, revolver, or other firearm or ammunition to the Commissioner of Emergency Services and Public Protection or a local police department, may request the return of such pistol, revolver, or other firearm or ammunition, upon (A) the expiration of the restraining order or protective order or a foreign order of protection or an order of protection issued under section 46b-16a , or (B) the issuance of a subsequent court order that rescinds the restraining order or protective order or a foreign order of protection or an order of protection issued under section 46b-16a . (2) When making such request, the person described in subdivision (1) of this subsection shall provide notification of (A) the expiration of the restraining order or protective order or a foreign order of protection or an order of protection issued under section 46b-16a , or (B) the issuance of a subsequent court order that rescinds the restraining order or protective order or a foreign order of protection or an order of protection issued under section 46b-16a , to the Commissioner of Emergency Services and Public Protection or a local police department. (3) Not later than five business days after the date on which a person has made a request pursuant to subdivision (1) of this subsection, the commissioner or a local police department shall review the request and make available for retrieval any pistol, revolver, or other firearm or ammunition to such person provided the commissioner or a local police department confirms: (A) (i) The expiration of the restraining order or protective order or a foreign order of protection or an order of protection issued under section 46b-16a , or (ii) the issuance of a subsequent court order that rescinds the restraining order or protective order or a foreign order of protection or an order of protection issued under section 46b-16a , (B) that such person is not otherwise disqualified from possessing such pistol, revolver, or other firearm or ammunition, and (C) that such person was legally entitled to possess such pistol, revolver, or other firearm or ammunition at the time of delivery or surrender to the commissioner or a local police department. (d) Such person, or such person's legal representative, may, at any time up to one year after such delivery or surrender, transfer such pistols and revolvers in accordance with the provisions of section 29-33 to any person eligible to possess a pistol or revolver and transfer such other firearms and ammunition, in accordance with any applicable state and federal laws, to any person eligible to possess such other firearms and ammunition, provided any person subject to a restraining or protective order or a foreign order of protection, or such person's legal representative, may only transfer such pistol, revolver or other firearm or ammunition to a federally licensed firearms dealer pursuant to the sale of the pistol, revolver or other firearm or ammunition to the federally licensed firearms dealer. Upon notification in writing by the transferee and such person, the Commissioner of Emergency Services and Public Protection or a local police department as the case may be, shall, within ten days, deliver such pistols and revolvers and other firearms and ammunition to the transferee. If, at the end of such year, such pistols and revolvers and other firearms and ammunition have not been so transferred, the commissioner or a local police department as the case may be, shall cause them to be destroyed. (e) Any person who fails to transfer, deliver or surrender any such pistols and revolvers and other firearms or ammunition as provided in this section shall be subject to the penalty provided for in section 53a-217 or 53a-217c .

Legislative History

(July Sp. Sess. P.A. 94-1, S. 13; P.A. 02-120, S. 6; P.A. 11-51, S. 134; 11-152, S. 9; P.A. 13-3, S. 34; 13-214, S. 17; P.A. 16-34, S. 7.) History: P.A. 02-120 amended Subsec. (a) to make provisions applicable to a person ineligible to possess a firearm other than a pistol or revolver, adding in Subdiv. (1) the requirement that such person transfer in accordance with state and federal laws such other firearms to any person eligible to possess such other firearms by obtaining an authorization number from the Commissioner of Public Safety and submit a sale or transfer of firearms form to the commissioner within two business days and including in Subdiv. (2) the delivery or surrender of “other firearms”, amended Subsec. (b) to make provisions applicable to “other firearms”, to authorize the transfer of such other firearms in accordance with applicable state and federal laws to any person eligible to possess such other firearms and to make a technical change for purposes of gender neutrality and amended Subsec. (c) to make provisions applicable to the failure to transfer or surrender “other firearms” and to add reference to penalty in Sec. 53a-217, effective June 7, 2002; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 11-152 amended Subsecs. (a) and (b) to add provisions re a person described in Sec. 53a-217(a)(3), define same and make technical changes, and amended Subsec. (c) to add “deliver”; P.A. 13-3 made provisions re ineligibility to possess firearms and transfer, delivery or surrender of firearms applicable to ammunition and made technical changes; P.A. 13-214 replaced references to person described in Sec. 53a-217(a)(3) with references to “person subject to a restraining or protective order or a foreign order of protection” and defined same; P.A. 16-34 amended Subsec. (a) by adding provision re exception in Subsec. (b), deleting provision re exception for person subject to restraining or protective order or foreign order of protection in Subdiv. (1), adding provision re local police department acceptance of pistols, revolvers, other firearms and ammunition on behalf of commissioner in Subdiv. (2) and adding reference to local police department and deleting definition of “person subject to a restraining or protective order or a foreign order of protection” in Subdiv. (3), added new Subsec. (b) re transfer of pistol, revolver or other firearm or ammunition to firearms dealer or delivery or surrender to Commissioner of Emergency Services and Public Protection and re definition of “person subject to a restraining or protective order or a foreign order of protection”, added new Subsec. (c) re request by person subject to restraining or protective order or foreign order of protection for return of pistol, revolver or other firearm or ammunition, redesignated existing Subsec. (b) re transfer of pistol, revolver, other firearm or ammunition as Subsec. (d) and amended same by adding references to local police department and making conforming changes and redesignated existing Subsec. (c) re penalty as Subsec. (e).