§ 29-7h — Participation in National Integrated Ballistic Information Network databank.

Connecticut § 29-7h

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

Text

(a) As used in this section: (1) “Firearm” has the same meaning as provided in section 53a-3 ; (2) “Fired components of ammunition” means discharged ammunition consisting of a cartridge case or a bullet or a fragment thereof, collected after a firearm is fired and containing sufficient microscopical characteristics to compare to other discharged ammunition or to determine the firearm from which the ammunition was fired; (3) “Handgun” means any firearm capable of firing rim-fire or center-fire ammunition and designed or built to be fired with one hand; (4) “Laboratory” means the Division of Scientific Services forensic science laboratory within the Department of Emergency Services and Public Protection; (5) “Law enforcement unit” has the same meaning as provided in section 7-294a ; and (6) “NIBIN databank” means the National Integrated Ballistic Information Network, maintained by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, or any successor network. (b) (1) The Division of Scientific Services shall participate in the NIBIN databank. Evidence consisting of fired components of ammunition may be entered into the NIBIN databank in accordance with regulations adopted by the Commissioner of Emergency Services and Public Protection pursuant to subsection (g) of this section. (2) The NIBIN databank may be used by laboratory personnel, in accordance with federal procedures and regulations adopted pursuant to subsection (g) of this section, to (A) compare two or more cartridge cases, bullets or other projectiles submitted to the laboratory or produced at the laboratory from a firearm, or (B) upon the request of a law enforcement unit as part of a criminal case investigation, verify by microscopic examination any resulting match, and shall produce a report stating the results of such a search. (3) Any image of a fired component of ammunition that is not matched by a search of the NIBIN databank shall be submitted to the NIBIN databank for future searches. (c) (1) Except as provided in subsection (d) of this section, when any firearm comes into police custody as the result of a criminal investigation, the law enforcement unit shall either (A) submit such firearm or fired components of ammunition from such firearm to the laboratory, or (B) if such law enforcement unit has been permitted by the laboratory pursuant to subsection (f) of this section, test fire such firearm as expeditiously as is practicable and submit evidence resulting from such test fire to the NIBIN databank. (2) The laboratory may test fire each submitted firearm and collect fired components of ammunition from such test fires. The laboratory shall label the fired components of ammunition with the firearm manufacturer, type of weapon, serial number, date of the test fire and name of the person test firing the firearm and collecting the fired components of ammunition. (3) When a law enforcement unit recovers any spent cartridge case from a crime scene or believes that any cartridge case is related to the commission of a crime or an improper discharge of a firearm, the agency shall, as expeditiously as practicable, submit an examination of such cartridge case to the NIBIN databank. (d) (1) Each law enforcement unit shall test fire every handgun to be issued by such unit before the handgun is so issued and collect the fired components of ammunition from such test fire. Any law enforcement unit may request the assistance of the Division of State Police or the laboratory in test firing a handgun and collecting such fired components of ammunition. (2) The law enforcement unit shall seal the fired components of ammunition in a tamper-evident manner and label the package with the handgun manufacturer, handgun type, serial number and name of the person test firing the handgun and collecting the fired components of ammunition. The law enforcement unit shall submit the fired components of ammunition and two intact cartridges that are representative samples of the ammunition used by the unit in its service handguns. (e) The laboratory may share the information in the NIBIN databank with law enforcement units and other law enforcement agencies, both within and outside the state. (f) The Division of Scientific Services may permit a firearms section of a law enforcement unit that complies with all laboratory guidelines and regulations adopted by the commissioner pursuant to subsection (g) of this section regarding the operation of the NIBIN databank to (1) test fire firearms that come into the custody of the unit and collect fired components of ammunition from such test fires, (2) set up a remote terminal to enter images of fired components of ammunition directly into the NIBIN databank, and (3) search the NIBIN databank. (g) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.

Legislative History

(P.A. 01-130, S. 10; P.A. 11-51, S. 134; P.A. 12-16, S. 1; P.A. 24-32, S. 1.) History: 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; P.A. 12-16 substantially revised section including redefining “firearms evidence databank”, replacing defined term “test fire” with “fired components of ammunition” and amending same to replace “handgun” with “firearm”, permitting, rather than requiring, evidence consisting of fired components of ammunition to be entered into databank, permitting, rather than requiring, a police department to submit any handgun that comes into its custody as result of a criminal investigation, permitting, rather than requiring, laboratory to test fire submitted handguns, deleting requirement that such test fire be performed within 60 days of submission and revising type of ammunition that must be submitted by a police department when it test fires its service handguns; P.A. 24-32 amended Subsec. (a) by deleting Subdivs. (1), (4) and (5) defining “Firearms”, “Police department” and “Fired components of ammunition”, adding new Subdiv. (1) defining “Firearm” and new Subdiv. (2) defining “Fired components of ammunition”, redesignating existing Subdivs. (2) and (3) as Subdivs. (3) and (4), adding new Subdiv. (5) defining “Law enforement unit” and Subdiv. (6) defining “NIBIN databank”, substantially revised Subsec. (b) including by replacing references to firearms evidence databank with references to NIBIN databank, replacing reference to police department with reference to law enforcement unit, adding provision re in accordance with federal procedures and regulations adopted pursuant to Subsec. (g) and making technical and conforming changes, substantially revised Subsec. (c)(1) including deleting reference to Subsec. (b)(4) and replacing reference to police department may submit to laboratory any handgun with provision re law enforcement unit shall either submit firearm or fired components of ammunition to laboratory or if permitted submit evidence from test fire to NIBIN databank, replacing “handgun” with “firearm” in Subsec. (c)(2) and adding Subsec. (c)(3) re examination of cartridge case to NIBIN databank, amended Subsec. (d) by replacing references to police department with references to law enforcement unit, amended Subsec. (e) by replacing reference to firearms evidence databank with NIBIN databank, adding reference to law enforcement units and deleting provision re may participate in national firearms evidence databank program, added new Subsec. (f) re Division of Scientific Services may permit firearms section of law enforcement unit to test fire firearms, setup remote terminal to enter images into NIBIN databank and search NIBIN databank, and redesignating existing Subsec. (f) as Subsec. (g).