General Assembly

 

Raised Bill No. 1124

January Session, 2013

 

LCO No. 4469

 

*04469_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE SECURE STORAGE OF FIREARMS.

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 Section 29-37i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

No person shall store or keep any loaded firearm on any premises under [his] such person's control if [he] such person knows or reasonably should know that (1) a minor 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 [(1)] (A) 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 [(2)] (B) carries the firearm on his or her person or within such close proximity thereto that [he] such person can readily retrieve and use [it] the firearm as if [he] such person carried [it] 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 Section 52-571g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

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, obtains a firearm, as defined in section 53a-3, 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.

Sec. 3. Section 53a-217a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) A person is guilty of criminally negligent storage of a firearm when [he] 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, obtains the firearm and causes the injury or death of [himself] such minor, resident or any other person. For the purposes of this section, "minor" means any person under the age of sixteen years.

(b) The provisions of this section shall not apply if the minor 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.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2013

29-37i

Sec. 2

October 1, 2013

52-571g

Sec. 3

October 1, 2013

53a-217a

Statement of Purpose:

To expand the requirement to securely store a firearm.

[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.]