Gregory J. Miller, Esq.

Transcription

1 Highlights of Key Provisions under Connecticut s State Firearms Laws CGS a as amended by PA13-3 as amended by PA CCDL Middletown 8 OCT 2013 Gregory J. Miller, Esq. Miller Law gmiller@light14.com Special thanks to Doug Dubitsky, Esq. and Jeffrey Crown, Esq.

2 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

3 Tonight s Topic Public Act 13-3 entitled: AN ACT CONCERNING GUN VIOLENCE PREVENTION AND CHILDREN S SAFETY As amended by Public Act , entitled AN ACT CONCERNING REVISIONS TO THE GUN VIOLENCE PREVENTION AND CHILDREN S SAFETY ACT Gregory J. Miller, Esq. Miller Law

4 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 a, and it must have been lawfully manufactured prior to September 13, 1994.

5 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.

6 Where do I find the Exemption in the New Law PA Sec. 11- Sec m of the General Statutes is repealed and the following is substituted in lieu thereof (effective form passage): Notwithstanding any provision of the general statutes, section a to l, inclusive, as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 a of the general statutes, revision of 1958, revised January 1, 2013, provided such firearm was lawfully manufactured prior to September 13, 1994

7 What Guns Do Not Qualify CGS a(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 MK- IV, 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;

8 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

9 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

10 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

11 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 b to k, inclusive, the term "assault weapon" does not include any firearm modified to render it permanently inoperable. (P.A , S. 1; P.A , S. 1.)

12 Pre-Ban- Colt AR Status Are there Colt or Bushmaster AR made before September 13, 1994 which are not on the list. In the NRA Challenge to the first AW Law, Benjamin vs. Bailey, judge Dranginis noted that there were firearms which did not have the specific words in the statute written on them, and as such they were not within the law. Such guns do exist, as our legal team showed at trial. But, be careful as many members of law enforcement may not be familiar with this distinction, and we have little recent comment on the issue. Just because you are right, does not mean you will not be arrested.

13 What does the CT Office of Legislative Research say about this exemption? On June 7, 2013 the ORL released report 2013-R which states as to PA : Prior to PA 13-3, certain semi-automatic rifles not listed by name, but defined by features were exempt from assault weapons transfer and registration requirements The bill (PA13-220) specifically retains the exemption for these rifles.

14 What Does State Police Say About Pre-Ban On September 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

15 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.

16 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 a and under both PA13-3 and PA 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

17 SS#- Optional What does SLFU say about Social Security Numbers on the Declaration and Registration form. THEY ARE OPTIONAL. Not required.

18 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.

19 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.

20 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 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).

21 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

22 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.

23 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!

24 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

25 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.

26 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.

27 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 has a new exemption for temporary transfers to vendors involved in the manufacturing process. Gregory J. Miller, Esq. Miller Law

28 A Law Enforcement Officer may I buy LCM for my off duty use- Yes under PA 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.

29 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

30 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

31 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.

32 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 PA as an Imperfect Solution to a Non-existent Problem Gregory J. Miller, Esq. Miller Law

33 What are the key Forms we need to be Familiar with und?er the new Law

34 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) , or 1-(888) 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.

35 DSP67

36 DSP3

37

38

39

40 WARNING ERROR ON STATE POLICE SITE Site says no paperwork for private sales of Long Guns, but under that is no longer true.

41 Where can I find copies of the New Laws and Interpretations of the New Law from the Officer of Legislative Research.

42 Forms from the CT State Police rms from the CT State Police &q=494610

43 Special Issues Regarding Trusts by Gregory Miller and Jeffrey Crown

44 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

45 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.

46 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.

47 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.

48 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.

49 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.

50 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.

51 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 clarifies that guns left through a testamentary trust, may also be transferred after your death. This is a key provision for individual utilizing trusts.

52 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.

53 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.