General Assembly		Raised Bill No. 6962
January Session, 2015		LCO No. 4660
		*04660_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING FIREARM SAFETY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 29-37i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

No person shall store or keep any [loaded] firearm on any premises under such person's control if such person knows or reasonably should know that [(1) a minor] another person is likely to gain access to the firearm, [without the permission of the parent or guardian of the minor, (2) a resident of the premises is ineligible to possess a firearm under state or federal law, or (3) a resident of the premises poses a risk of imminent personal injury to himself or herself or to other individuals,] unless such person [(A)] storing or keeping the firearm (1) keeps the firearm in a securely locked box or other container or in a location which a reasonable person would believe to be secure, or [(B)] (2) carries the firearm on his or her person or within such close proximity thereto that such person can readily retrieve and use the firearm as if such person carried the firearm on his or her person. [For the purposes of this section, "minor" means any person under the age of sixteen years.]

Sec. 2. Section 52-571g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

Any person whose act or omission constitutes a violation of section 29-37i, as amended by this act, shall be strictly liable for damages when [a minor or, a resident of the premises who is ineligible to possess a firearm under state or federal law or who poses a risk of imminent personal injury to himself or herself or to other individuals,] another person obtains [a] the firearm, as defined in section 53a-3, and causes the injury or death of [such minor, resident] himself or herself or any other person with such firearm. [For the purposes of this section, "minor" means any person under the age of sixteen years.]

Sec. 3. Section 53a-217a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) A person is guilty of criminally negligent storage of a firearm when such person violates the provisions of section 29-37i, as amended by this act, and [a minor or, a resident of the premises who is ineligible to possess a firearm under state or federal law or who poses a risk of imminent personal injury to himself or herself or to other individuals,] another person obtains the firearm and causes the injury or death of [such minor, resident or any other person. For the purposes of this section, "minor" means any person under the age of sixteen years] himself or herself or any other person with such firearm.

(b) The provisions of this section shall not apply if [the minor] a person obtains the firearm as a result of an unlawful entry to any premises by any person.

(c) Criminally negligent storage of a firearm is a class D felony.

Sec. 4. Subsection (d) of section 29-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(d) (1) Not later than fourteen days after the execution of a warrant under this section, the court for the geographical area where the person named in the warrant resides shall hold a hearing to determine whether the firearm or firearms and any ammunition seized should be returned to the person named in the warrant or should continue to be held by the state. At such hearing the state shall have the burden of proving all material facts by clear and convincing evidence. If, after such hearing, the court finds by clear and convincing evidence that the person poses a risk of imminent personal injury to himself or herself or to other individuals, the court may order that the firearm or firearms and any ammunition seized pursuant to the warrant issued under subsection (a) of this section continue to be held by the state for a period not to exceed one year, otherwise the court shall order the firearm or firearms and any ammunition seized to be returned to the person named in the warrant.

(2) If the court orders the firearm or firearms and any ammunition to continue to be held pursuant to this section, at least fourteen days prior to the expiration of the period that any firearm or firearms and any ammunition were ordered to be held, a court shall hold a hearing to determine whether the firearm or firearms and any ammunition should be returned to the person named in the warrant or should continue to be held by the state. At such hearing, the person shall have the burden of showing that he or she no longer poses a risk of imminent personal injury to himself or herself or to other individuals by a preponderance of the evidence. If the court finds that the person has shown by a preponderance of the evidence that he or she no longer poses a risk of imminent personal injury to himself or herself or to other individuals, the court shall order that the firearm or firearms and any ammunition to be returned to the person, otherwise the court shall order that the firearm or firearms and any ammunition be held for an additional period not to exceed one year.

(3) If the court finds that the person poses a risk of imminent personal injury to himself or herself or to other individuals, the court shall give notice to the Department of Mental Health and Addiction Services which may take such action pursuant to chapter 319i as it deems appropriate.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2015	29-37i
Sec. 2	October 1, 2015	52-571g
Sec. 3	October 1, 2015	53a-217a
Sec. 4	October 1, 2015	29-38c(d)

Statement of Purpose:

To amend provisions concerning the safe storage of firearms and associated liability and penalties to be applicable to the storage of unloaded firearms and to extend liability to any person, rather than just minors or residents ineligible to possess a firearm, and to provide for additional oversight by the court governing the return of firearms or ammunition seized from a person considered to present a risk of imminent physical danger to himself or herself or another.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]