updated 10/17/2013

Highlights of Key Provisions under
Connecticut’s State Firearms Laws
CGS 53-202a as amended by
…
Updated as of 17 OCT 2013
PA13-3 as amended by PA13-220
CCDL Middletown 8 OCT 2013
Gregory J. Miller, Esq.
Miller Law Group
[email protected]
203.733.2887
Special thanks to Doug Dubitsky, Esq. and
Jeffrey Crown, Esq.
• LEGAL DISCLAIMER• The information in this presentation is general
in nature and is intended for educational
purposes. It does not constitute legal advice.
• To obtain an opinion on any specific issue
please contact us directly in writing as laws may
change over time.
Gregory J. Miller, Esq.
Miller Law Group
Tonight’s Topic
Public Act 13-3 entitled:
AN ACT CONCERNING GUN VIOLENCE
PREVENTION AND CHILDREN’S SAFETY
As amended by
entitled
Public Act 13-220,
AN ACT CONCERNING REVISIONS TO THE
GUN VIOLENCE PREVENTION AND
CHILDREN’S SAFETY ACT
Gregory J. Miller, Esq.
Miller Law Group
• Can I buy a center fire rifle with a
folding stock and a flash hider now?
• YES if you are very careful about which
one you pick. The gun must not be
specifically named in Section (a) of the old
CGS 53-202a, and it must have been
lawfully manufactured prior to September
13, 1994.
Gregory J. Miller, Esq. Miller Law
Group
• Do I need to register a firearms which
comes within the above exception.
• NO!
• You can freely purchase or sell these
firearms as you would any other long gun
or pistol, and no AW registration is
required.
Gregory J. Miller, Esq. Miller Law
Group
Where do I find the
Exemption in the New Law
• PA 13-220 Sec. 11• Sec 53-202m of the General Statutes is repealed and the following
is substituted in lieu thereof (effective form passage):
• Notwithstanding any provision of the general statutes,
section 53-202a to 53-202l, inclusive, as amended by
this act, shall not be construed to limit the transfer
or require the registration of an assault weapons as
defined in Subdivision (3) or (4) of subsection (a) of
section 53-202a of the general statutes, revision of
1958, revised January 1, 2013, provided such firearm
was lawfully manufactured prior to September 13, 1994
Gregory J. Miller, Esq. Miller Law
Group
What Guns Do Not Qualify
• CGS 53-202a(a)-(1) Any selective-fire firearm capable of fully automatic,
semiautomatic or burst fire at the option of the user or any of the following specified
semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms
SAP Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type;
Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto
Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore
SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MKIV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS
223; Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and
LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol;
Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11
and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer
model 3000; Ruger Mini-14/5F folding stock model only; Scarab Skorpion; SIG 57
AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory
BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and
Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and
Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol;
Gregory J. Miller, Esq. Miller Law
Group
2001 Characteristics Test is
Gone for Pre Sept 13, 1994
• (3) Any semiautomatic firearm not listed in subdivision (1) of this
subsection that meets the following criteria:
•
(A) A semiautomatic rifle that has an ability to accept a
detachable magazine and has at least two of the following:
•
(i) A folding or telescoping stock;
•
(ii) A pistol grip that protrudes conspicuously beneath the action
of the weapon;
•
(iii) A bayonet mount;
•
(iv) A flash suppressor or threaded barrel designed to
accommodate a flash suppressor; and
•
(v) A grenade launcher; or
•
Gregory J. Miller, Esq.
Miller Law Group
2001 Characteristics Test is Gone for
Pre Sept 13, 1994
•
•
•
•
•
•
•
(B) A semiautomatic pistol that has an ability to accept a detachable
magazine and has at least two of the following:
(i) An ammunition magazine that attaches to the pistol outside of
the pistol grip;
(ii) A threaded barrel capable of accepting a barrel extender,
flash suppressor, forward handgrip or silencer;
(iii) A shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the firearm
with the nontrigger hand without being burned;
(iv) A manufactured weight of fifty ounces or more when the
pistol is unloaded; and
(v) A semiautomatic version of an automatic firearm; or
Gregory J. Miller, Esq. Miller Law
Group
2001 Characteristics Test is
Gone for Pre Sept 13, 1994
• (C)
•
•
•
•
A semiautomatic shotgun that has at least
two of the following:
(i) A folding or telescoping stock;
(ii) A pistol grip that protrudes conspicuously
beneath the action of the weapon;
(iii) A fixed magazine capacity in excess of
five rounds; and
(iv) An ability to accept a detachable
magazine; or
•
Gregory J. Miller, Esq. Miller Law
Group
2001 Characteristics Test is Gone for
Pre Sept 13, 1994
•
(4) A part or combination of parts designed or intended
to convert a firearm into an assault weapon, as defined
in subdivision (3) of this subsection, or any combination
of parts from which an assault weapon, as defined in
subdivision (3) of this subsection, may be rapidly
assembled if those parts are in the possession or under
the control of the same person.
•
(b) As used in this section and sections 53-202b to
53-202k, inclusive, the term "assault weapon" does not
include any firearm modified to render it permanently
inoperable.
•
(P.A. 93-306, S. 1; P.A. 01-130, S. 1.)
Gregory J. Miller, Esq. Miller Law
Group
Pre-Ban- Colt AR Status
• Colt and Bushmaster. There is some confusion as to
whether models of Colt or Bushmaster firearms different
from those listed in 53-202a might be deemed to still be
on the list if manufactured prior to September 13, 1994.
We believe that PA 13-3 must be narrowly construed to
the list, and that accordingly these firearms would be
Pre-ban, but given the lack of any court ruling or other
decision, prudence suggests that one should file, and
then at such time as we have a decision on the issue, we
could state that they are Pre-Ban with more certainty.
Gregory J. Miller, Esq. Miller Law
Group
• What does the CT Office of Legislative Research say
about this exemption?
• On June 7, 2013 the ORL released report 2013-R-
Prior to PA 133, certain semi-automatic rifles not listed
by name, but defined by features were
exempt from assault weapons transfer and
registration requirements… The bill (PA13220) specifically retains the exemption for
these rifles.
0247 which states as to PA 13-220:
Gregory J. Miller, Esq. Miller Law
Group
What Does State Police
Say About Pre-Ban
• On October 9, 2013 Det. Barbara Matson
presented the State Police SLFU position
on the new law at the Cos Cob Gun Club.
She clearly stated that if the guns were
built prior to Sept 13, 1994, and are not on
the “list” (See above), that they are not AW
and may be freely sold and do not require
registration.
Gregory J. Miller, Esq.
Miller Law Group
• How do I find out when a Gun was made?
• Some manufacturers have published serial
number lists by date of manufacture, but I
am suggesting that the safest way is to
insist on original sale paperwork for the
firearm from prior to September 13, 1994.
Gregory J. Miller, Esq. Miller Law
Group
• Can I have Post 1994 parts on a Pre-1994
exempt gun.
• It appears the answer to this question is yes,
except for mags over 10 rds. Under 53-202a and
under both PA13-3 and PA13-220 it is illegal to
have a combination of parts to convert a non AW
into an AW. But as a pre-gun is not an AW, it
appears that this is ok. We have no actual
determination on this currently.
Gregory J. Miller, Esq.
Miller Law Group
SS#- Optional
• What does SLFU say about Social
Security Numbers on the Declaration and
Registration form.
• THEY ARE OPTIONAL. Not required.
Gregory J. Miller, Esq. Miller Law
Group
•Firearms that were lawful for sale in
CT, but manufactured after
September 13, 1994 may no longer be
transferred if they meet the
characteristics test set forth in PA13-3
and 220 and must be registered, on or
before January 1, 2014.
Gregory J. Miller, Esq. Miller Law
Group
• Can I carry a magazine with more than 10
round capacity in my Pistol.
• Yes, if the Pistol and Magazine was
purchased prior to April 5, 2013 and if the
magazine is IN THE GUN.
• You cannot carry Mags with +10
capacity as spares. Only one in the
gun. Any spares must be 10 rounds or
less.
Gregory J. Miller, Esq. Miller Law
Group
Can I load more than 10
Rounds in Mag- It Depends
• Where can I have a Large Capacity Magazine (LCM)
purchased prior to 4/5/13
• 1. At home no restriction on how many loaded
• 3. Place of Business/Property owned not more than 10.
• 4. Range/Shooting Club, unrestricted while shooting
• 5. Pistol Permit Carry, not more than 10 rounds.
• 6. Transport to a Dealer other than carry with a pistol
permit, or High-Cap Spares in same manner as an AW
(unloaded locked inaccessible in vehicle).
Gregory J. Miller, Esq. Miller Law
Group
Threaded Barrels on a
Pistol an AW
• Per SLFU if you own a threaded barrel for a
pistol you possess you must register the pistol
as an AW. SLFU states, however, that as long
as you register, you can still carry in same
manner as any other pistol.
• We would suggest that you not carry a pistol
with a threaded barrel, keep it with your
suppressor and put it on at the range, or carry it
like any other AW unloaded in your trunk. FLSU
says it is ok, but we recommend caution on this.
Gregory J. Miller, Esq.
Miller Law Group
Purchase of Ammo by
out of State Residents
• FLSU is recommending that out of State
Residents who may wish to purchase
ammo in CT apply for a CT non-resident
carry permit. From the comments it
appears they will also grant an ammunition
license to a out-of State Resident. We
need to have a few people apply and see
what happens.
Gregory J. Miller, Esq. Miller Law
Group
Can SLFU Deny my Application
to Register an AW
• According to Det. Matson, they have never
denied an application, and will grant any
application which is presented with all of
the form properly filled out as long as the
owner is not a person barred from owning
firearms. Having said that, do not miss the
January 1, 2014 deadline!
Gregory J. Miller, Esq. Miller Law
Group
• What happens if I declare 3 magazines
and after January 1, I find one more.
Unfortunately, if it is required to be
registered and you do not, your only option
is to surrender it to Law Enforcement. My
best guess is even a dealer cannot buy it,
as it would be contraband.
Gregory J. Miller, Esq.
Miller Law Group
• I have an FFL as a Dealer, am I subject
to the new Law as it relates to AW and
LCM?
• The definition of a dealer in the Act is a
person who has a CT Permit to Sell Pistols
and Revolvers at Retail. A 01 FFL will not
exempt you unless your town has issued
you a retail permit as per CT Law.
Gregory J. Miller, Esq. Miller Law
Group
Dealer Forms
• Dealers are required to file a monthly
report of lawful High Cap mags each
month. If the number is 0, it would appear
that you need to file the form with 0 written
in. What a waste of resources. No clear
statement from SLFU on this issue, but
appears to be correct.
Gregory J. Miller, Esq. Miller Law
Group
• I have a Type 07 or 10 FFL as a
Manufacturer. Am I subject to the new
law.
• Generally manufacturers are exempt as to
items they manufacture or use in their
manufacturing process, and PA 13-220
has a new exemption for temporary
transfers to vendors involved in the
manufacturing process.
Gregory J. Miller, Esq.
Miller Law Group
• A Law Enforcement Officer may I buy LCM
for my off duty use- Yes under PA 13-220
there are no restrictions on sales of
HighCap mags to Police Officers, but upon
retirement you must register any AW or
LCM acquired during active duty. AW
sales are subject to Department
requirements for use on duty and require
documentation as to the same.
Gregory J. Miller, Esq. Miller Law
Group
Homes in Multi-States
• I have a home in Connecticut and one
in Vermont. If I register in CT and bring
to VT, can I bring it back.
• Det. Matson says if you register per the
new law, and at all times you own it,
then it can come into Connecticut with
your registration certificate. Not in
writing, but if no transfer, likely ok.
Gregory J. Miller, Esq.
Miller Law Group
• Transfer of Ammunition-
•Effective with PA13-3, April 5, 2013
“ammunition means a loaded
cartridge, consisting of a primed case,
propellant or projectile, designed for
use in any firearm.”
•PA13-3 Sec. 14
Gregory J. Miller, Esq. Miller Law
Group
• Who can buy/transfer ammunition• Persons with a Long Gun or Pistol Permit, or a
person with the new ammunition permit. To
purchase ammunition must be at least 18 years
of age for rifle ammunition and 21 for handgun
ammunition.
• Appears transfers to minors for use at Gun Club
match may be exempt if minor is accompanied
by a person who lawfully purchased.
Gregory J. Miller, Esq. Miller Law
Group
Col. Jeff Cooper once described the
double action pistol as
The perfect solution to a non-existent
problem.
Col. Cooper is gone, but one could perhaps
describe PA13-3 and PA13-220 as an
Imperfect Solution to a Non-existent
Problem
Gregory J. Miller, Esq.
Miller Law Group
• What are the key Forms
we need to be Familiar
with under the new Law
Gregory J. Miller, Esq. Miller Law
Group
Private Sale of Handguns
A DPS-67-C and a DPS-3-C (4 copies) must be completed.
The seller of the handgun must contact the Special
Licensing and Firearms Unit at (860) 685-8400, or 1-(888)
335-8438 and obtain an authorization number for that sale.
This number is to be added to both forms. The DPS-67-C is
to be retained by the seller for 20 years. The seller should
retain the original copy of the DPS-3 for their records, give
one copy to the purchaser as a receipt, submit one copy to
the local police authority where the purchaser resides and
submit a final copy to the Commissioner of Public Safety.
Gregory J. Miller, Esq. Miller Law
Group
DSP67
Gregory J. Miller, Esq. Miller Law
Group
DSP3
Gregory J. Miller, Esq. Miller Law
Group
Gregory J. Miller, Esq. Miller Law
Group
Gregory J. Miller, Esq. Miller Law
Group
Gregory J. Miller, Esq. Miller Law
Group
• WARNING ERROR ON STATE POLICE
SITE
• Site says no paperwork for private sales of
Long Guns, but under 13-220 that is no
longer true.
Gregory J. Miller, Esq. Miller Law
Group
Where can I find copies of the New Laws
and Interpretations of the New Law from the
Officer of Legislative Research.
http://www.jud.ct.gov/lawlib/law/firearms.htm
Gregory J. Miller, Esq. Miller Law
Group
• Forms from the CT State Police
• http://www.ct.gov/despp/site/default.aspFo
rms from the CT State Police
• http://www.ct.gov/despp/cwp/view.asp?a=
4213&q=494610
Gregory J. Miller, Esq. Miller Law
Group
• Special Issues
Regarding Trusts
• by
• Gregory Miller and Jeffrey Crown
Gregory J. Miller, Esq. Miller Law
Group
• Are Trusts Legal In
Connecticut• Yes, if properly formed and
consistent with the new laws.
• Be very careful with internet forms
which are not tailored for CT
Gregory J. Miller, Esq. Miller Law
Group
• Trust Issues• 1. At this juncture we do not recommend
multi-generational trusts for routine use
with firearms. As a general rule these
trusts should continue for your life, and
then be distributed by your trustee upon
your death. For high net worth individuals,
discuss Generation Skipping Trusts with
your Tax/Estate Professional.
Gregory J. Miller, Esq. Miller Law
Group
• Rather than the Schedule A used
in many trust forms to add
Firearms, do an actual
assignment to the Trust for each
firearm and have proper
certifications attached.
Gregory J. Miller, Esq. Miller Law
Group
• There needs to be alternate trustees in the
event of your death or disability, but multiple
simultaneous trustees can raise issues. The CT
State Police is recognizing trusts as owners of
Firearms/Long Guns and presumably AW, but
they recognize an individual trustee effectively
as the owner. So, as to AW registrations there is
an question as to how these will be treated. NFA
trusts under Federal Law have typically had
multiple trustees, but awaiting Clarification on
CT.
Gregory J. Miller, Esq. Miller Law
Group
• What if the other Trustees do not qualify
under CT Law, as they are out of State?
This is a potential problem we are seeking
to resolve with the State Police. We are
told the ATF has washed their hands of
this mess, and in the end it is likely we will
need to be litigate to resolve. Speak to a
Trust specialist re your specific issues.
Gregory J. Miller, Esq. Miller Law
Group
• If I move out of State, but I have a Trust
established in CT, would I then be able to
return to Connecticut without losing my
right to possess an AW.
• We are seeking clarification on this issue,
speak to your Trust professional.
Gregory J. Miller, Esq. Miller Law
Group
• If I have an NFA Trust do I need to have
my Chief Law Enforcement Officer sign
the Form 4?
• Currently no, but there is a pending ATF
Regulation seeking to change this. So be
careful in the future as the law may soon
change.
Gregory J. Miller, Esq. Miller Law
Group
• Can I transfer out of Trust upon my death• Under the current law you can leave an
AW or a LCM to a person not otherwise
prohibited. 13-220 clarifies that guns left
through a testamentary trust, may also be
transferred after your death. This is a key
provision for individual utilizing trusts.
Gregory J. Miller, Esq. Miller Law
Group
• A Few Keys Issues with NFA Items
• 1- Need a Form 4 to the Trust and upon
distribution back out of the Trust.
• 2- Select Fire may be regulated as AW. Full
Auto only often still approved, but if select fire,
typically cannot come into Connecticut, but there
may be an exemption for Pre-Ban?
• 3. Belts and similar are LCM under Act.
• 4. Interstate Transport of NFA requires ATF preapproval.
Gregory J. Miller, Esq. Miller Law
Group
These materials are general in nature and
the law is constantly evolving. Attached
please find copies of the relevant laws as of
this date. Please before undertaking an
action which might get you into trouble,
speak with your local attorney.
Gregory J. Miller, Esq. Miller Law
Group