Trafficking in Connecticut

Criminal Prohibitions

Connecticut prohibits any person from knowingly and intentionally, directly or indirectly, causing one or more firearms that the person owns, possesses or controls to come into the possession or control of another person who the original owner knows or has reason to believe is prohibited from owning or possessing any firearm under state or federal law.1

A related Connecticut law prohibits any person from purchasing a firearm with the intent to transfer it to any other person the transferor knows or has reason to believe is prohibited from purchasing or otherwise receiving such a firearm under state law.2 The state bars any person who is prohibited from purchasing or otherwise receiving or possessing a firearm from soliciting, employing or assisting any person in violating this straw purchase-related prohibition.3

Similarly, any person who sells, delivers or otherwise transfers a firearm to a person knowing that person is prohibited from possessing such firearm “shall be strictly liable for damages for the injury or death of another person resulting from the use of such firearm by any person.”4

Connecticut also prohibits any person from making any false statement or giving any false information connected with any purchase, sale, delivery or other transfer of any pistol, revolver5 or long gun.6

Connecticut penalizes any person, firm or corporation who sells a long gun at retail or a handgun (whether a licensed dealer or private seller) without performing a background check.  See our Background Checks in Connecticut page.

Law Enforcement Initiatives

Connecticut has created a statewide firearms trafficking task force for the “effective cooperative enforcement” of state laws concerning the distribution and possession of firearms.7 This task force, comprised of municipal and state law enforcement officers, is tasked with:

  • Reviewing the problem of illegal firearms trafficking, including its effects on the public, and implementing solutions to address the problem;
  • Identifying persons illegally trafficking firearms and focusing resources to prosecute such persons;
  • Tracking firearms which were sold or distributed illegally and implementing solutions to remove such firearms from persons illegally in possession of them; and
  • Coordinating its activities with other law enforcement agencies within and without the state.8

The task force may enter into mutual assistance and cooperation agreements with other states pertaining to firearms law enforcement matters extending across state boundaries, and may consult and exchange information and personnel with agencies of other states with reference to firearms law enforcement problems of mutual concern.9

See our Firearms Trafficking policy summary for a comprehensive discussion of this issue.

 

Notes
  1. Conn. Gen. Stat. § 53-202aa(a). The sentence is more severe if the person, on or after October 1, 2007, sells, delivers or otherwise transfers more than five firearms. Conn. Gen. Stat. § 53-202aa(b).
  2. Conn. Gen. Stat. § 29-37j(a).
  3. Conn. Gen. Stat. § 29-37j(b).  The penalty is more severe if the violation involves more than one firearm. Id.
  4. Conn. Gen. Stat. § 52-571f. Connecticut also provides that any person who sells, delivers or provides any firearm to another person to “engage in conduct which constitutes an offense knowing or under circumstances in which he [or she] should know that such other person intends to use such firearm in such conduct shall be criminally liable for such conduct and shall be prosecuted and punished as if he [or she] were the principal offender.” Conn. Gen. Stat. § 53a-8(b).
  5. Conn. Gen. Stat. § 29-34(a).
  6. Conn. Gen. Stat. § 29-37e.
  7. Conn. Gen. Stat. § 29-38e(a).
  8. Conn. Gen. Stat. § 29-38e(b), (f).
  9. Conn. Gen. Stat. § 29-38e(d).

Retention of Sales & Background Check Records in Connecticut

Connecticut requires vendors of pistols and revolvers to maintain records of sales for these guns.1 Required information for such records includes the date of the sale or other disposition of a firearm, the date of receipt of the firearm (if different from the date of transfer), the name and address of the transferor, the name of the manufacturer and importer (if any), the model, serial number, type, and the caliber or gauge of the firearm, and the name and address of a person purchasing or receiving the firearm.2.

A separate recordkeeping provision requires any person, firm or corporation selling a pistol or revolver to give a receipt to the purchaser of the handgun containing the name and address of the purchaser, the date of sale, the caliber, make, model and manufacturer’s number of the handgun, a general description of the handgun, the identification number of the purchaser’s permit to carry a handgun, permit to sell a handgun at retail, or eligibility certificate for a handgun, the authorization number for the transfer issued by the Connecticut Department of Emergency Services and Public Protection (DESPP), and the purchaser’s signature.3 The seller must provide a copy of the receipt, within 48 hours of the sale, to the Commissioner of DESPP and local law enforcement. The seller must retain a copy of this receipt for a minimum period of five years.4

For transfers of long guns (rifles and shotguns) at retail, the purchaser must sign in triplicate a receipt for the gun containing his or her name and address, date of birth, place of birth, the date of sale, the caliber, make, model and manufacturer’s number of the long gun, and a general description of the gun.5 The vendor must transfer one copy of the receipt to the Commissioner of DESPP and another receipt to the local law enforcement authority within 24 hours of delivery of the gun to the purchaser. The vendor must retain the final receipt with the original purchase application for at least five years.6

Finally, any person, firm or corporation who seeks to sell a long gun at retail or a handgun (whether a licensed dealer or private seller) must have the transferee complete a written application and retain the application for at least 20 years or until he or she goes out of business, and must make the application available for inspection during normal business hours by law enforcement.7

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

Notes
  1. Conn. Gen. Stat. § 29-31.
  2. 27 C.F.R. § 478.125(e).
  3. Conn. Gen. Stat. § 29-33(e).
  4. Id.
  5. Conn. Gen. Stat. § 29-37a(d).
  6. Id.
  7. Conn. Gen. Stat. §§ 29-33(c), 29-37a(d).

Waiting Periods in Connecticut

Connecticut currently prohibits any person, firm or corporation from transferring a long gun (rifle or shotgun) until two weeks have passed after the date the purchase application is completed.1 This waiting period does not apply, however, to holders of valid permits to carry handguns, holders of valid hunting licenses, or holders of valid handgun or long gun eligibility certificates.2

For long gun purchases from firearm dealers, the two-week waiting period only applies prior to April 1, 2014.  Starting April 1, 2014, the delivery of the firearm is tied to the date that the Department of Emergency Services and Public Protection issues an authorization number for the transaction.3

See our Waiting Periods policy summary for a comprehensive discussion of this issue.

Notes
  1. Conn. Gen. Stat. § 29-37a(g).
  2. Id.
  3. Conn. Gen. Stat § 29-37a(d), (e).

Dealer Regulations in Connecticut

In Connecticut, any person who sells ten or more handguns in a calendar year or is a federally licensed firearms dealer must have a state handgun sales permit to advertise, sell, deliver, or offer for sale or delivery, or possess with intent to sell or deliver, any handgun.1 The chief of police, warden of a borough, or first selectman of a town may issue a permit to sell only if the applicant holds a valid state eligibility certificate for a handgun or a valid permit to carry a handgun and submits documentation sufficient to establish that local zoning requirements have been met for the location of the sale.2

Business organizations that sell firearms at retail must have a burglar alarm installed on their premises where 10 or more firearms are stored or kept for sale.3 The alarms must be connected directly to the local police department or a monitoring organization and must activate upon unauthorized entry or the interruption of the security system.4

Any person, firm or corporation that engages in the retail sale of goods, where the principal part of such business is not firearms, may not employ a person to sell firearms in a retail store unless the person:

  • Is at least age 18;
  • Has submitted to state and national criminal history records checks which indicate he or she has not been convicted of a felony or a violation that would render her or him ineligible for a handgun certificate; and
  • Has successfully completed a course or test approved by the Commissioner of Emergency Services and Public Protection in firearms safety and statutory procedures relating to the sale of firearms.5

A person may not sell a handgun anywhere except the room, store, or other place described in the permit for sale of handguns, and the person must display the permit for sale “exposed to view” in the location identified in the permit.6

Retail sellers of pistols and revolvers must keep a record of each pistol or revolver sold in a book kept for that purpose.7 The seller must make such record available for inspection upon the request of a local law enforcement agent, a member of the Division of Sate Police within the Department of Emergency Services and Public Protection, or any investigator assigned to the state-wide firearms trafficking task force.8

Retail sellers of handguns must, at the time of transfer of a handgun, provide a written warning to the purchaser, in block letters at least one inch in height, stating: “UNLAWFUL STORAGE OF A LOADED FIREARM MAY RESULT IN IMPRISONMENT OR FINE.”9

For laws:

See our Dealer Regulations policy summary for a comprehensive discussion of this issue.

Notes
  1. Conn. Gen. Stat. § 29-28(a).
  2. Id.
  3. Conn. Gen. Stat. § 29-37d.
  4. Id.
  5. Conn. Gen. Stat. § 29-37f. Any employer who employs a person to sell firearms in violation of these provisions is liable for a civil penalty of not more than $10,000 per day for each violation. Id.
  6. Conn. Gen. Stat. § 29-31.
  7. Id.
  8. Id.
  9. Conn. Gen. Stat. § 29-37b(a).

State Right to Bear Arms in Connecticut

The Constitution of the State of Connecticut provides that “[e]very citizen has a right to bear arms in defense of himself and the state.”1

Connecticut courts have held that the right to bear arms is subject to reasonable regulation.  In Benjamin v. Bailey, the Supreme Court of Connecticut held that a ban on assault weapons did not infringe on the right to bear arms because the ban “represents a reasonable exercise of the state’s police power” and continued to permit access to a wide array of weapons.2

 

For further information about the right to bear arms in this state, contact the Law Center directly.

Notes
  1. Conn. Const. art. I, § 15.
  2. 234 Conn. 455 (1995).

Private Sales in Connecticut

Connecticut prohibits any person, firm or corporation from selling, delivering or otherwise transferring a handgun to any person prohibited by state law from possessing a handgun.1 Handgun transfers may not be made until the person, firm or corporation making the transfer obtains an authorization number – following a background check on the prospective purchaser – from the Connecticut Department of Emergency Services and Public Protection (DESPP).2 Moreover, the state prohibits any person, firm, or corporation from transferring a handgun unless the transferee has a permit to carry a handgun, a permit to sell handguns at retail, or a handgun eligibility certificate.3 See the Licensing of Gun Owners & Purchasers in Connecticut section.

Connecticut also prohibits the sale or transfer of a long gun by someone who is not a federally-licensed firearm dealer, manufacturer, or importer to someone who is not a similarly-licensed person, unless the following conditions are met:

  1. The prospective transferor and transferee must comply with the documentation and authorization requirements that apply to retail sales of long guns (e.g., (a) the seller must document the transaction with DESPP, maintain copies of the record, and obtain an authorization number from DESPP; (b) the buyer must undergo a national instant criminal background check system (NICS) check; (c) the gun cannot be loaded when transferred; and (d) DESPP must authorize or deny the sale or transfer);4 or
  2. Starting on January 1, 2014, a federally licensed firearm dealer, upon the request of the prospective transferor or transferee, must consent to initiate a NICS check in accordance with the procedures set forth below, and the background check must show that the transferee is eligible to receive the gun.5

To proceed under the second option, the prospective transferor or transferee must provide the consenting dealer with the transferee’s name, gender, race, date of birth, and state of residence. If necessary to verify the person’s identity, he or she may also provide a unique numeric identifier (such as a Social Security number) and additional identifiers (such as height, weight, eye and hair color, and place of birth).6

The prospective transferee must present to the dealer his or her gun credential (gun eligibility certificate, handgun permit, handgun sale permit, or handgun eligibility certificate). The dealer can charge up to $20 for initiating the background check.7

The dealer must initiate the background check by contacting the NICS operations center. The dealer must immediately notify the prospective transferor or transferee of the response from the center. The sale or transfer cannot take place if the response indicates the prospective transferee is ineligible to receive the gun.8

When the transaction is completed, the transferor or transferee must complete a DESPP-prescribed form containing the: 1) transferor’s name, address, and firearm permit or certificate number, if any; 2) transferee’s name, address, date and place of birth, and firearm permit or certificate number; 3) sale or transfer date; 4) caliber, make, model, and manufacturer’s number and a general description of the gun; and 5) background check transaction number.9

Prior to the transfer of any firearm at a gun show, the transferee must undergo a background check.10 See the Gun Shows in Connecticut section for more information.

In Connecticut, any person who sells, delivers or otherwise transfers a firearm to a person knowing that person is prohibited from possessing the firearm “shall be strictly liable for damages for the injury or death of another person resulting from the use of such firearm by any person.”11

Connecticut prohibits any person not authorized by law from conveying or passing any firearm to any inmate of a correctional or humane institution.12

For laws aimed at gun trafficking, see the section entitled Firearms Trafficking in Connecticut.

For laws requiring the sale of a locking device to accompany the sale of a handgun, see the Locking Devices in Connecticut section. Retail handgun sellers must also provide the purchaser with a written warning stating that unlawful storage of a firearm may result in imprisonment or fine.13

For laws requiring firearm sellers to retain records of sales, see the Retention of Firearm Sales & Background Checks Records in Connecticut section.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Conn. Gen. Stat. § 29-33(a). The possessor prohibitions under Connecticut General Statues § 53a-217c are described in the Prohibited Purchasers Generally in Connecticut section.
  2. Conn. Gen. Stat. § 29-33(c).
  3. Conn. Gen. Stat. § 29-33(b).
  4. Conn. Gen. Stat. § 29-37a(b).
  5. Conn. Gen. Stat. § 29-37a(e), (f).
  6. Conn. Gen. Stat. § 29-37a(f)(1).
  7. Id.
  8. Conn. Gen. Stat. § 29-37a(f)(2).
  9. Conn. Gen. Stat. § 29-37a(f)(3).
  10. Conn. Gen. Stat. § 29-37g(c).
  11. Conn. Gen. Stat. § 52-571f.
  12. Conn. Gen. Stat. § 53a-174(a).
  13. Conn. Gen. Stat. § 29-37b(a).

Domestic Violence & Firearms in Connecticut

Connecticut does not prohibit individuals convicted specifically of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, unlike federal law. The state does prohibit persons convicted of certain violent misdemeanors, including: 1) assault in the third degree1; 2) assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability2; 3) unlawful restraint3; and stalking in the second degree,4 from such purchase or possession, however.

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Connecticut prohibits the possession of a firearm by a person who knows that he or she is subject to a restraining or protective order that was issued after notice and an opportunity to be heard in a case involving the use, attempted use, or threatened use of physical force against another person, or a foreign order of protection in a case involving the use, attempted use or threatened use of physical force against another person.5  Connecticut does not prohibit gun possession by a person subject to an emergency “ex parte” protective order, the kind of order that covers the period before a hearing.

Connecticut makes a person ineligible for a certificate for a pistol or revolver if that person is subject to a domestic violence restraining or protective order (including an order issued without notice and a hearing) in a case involving the use, attempted use, or threatened use of physical force against another person.6 Domestic violence is defined broadly. Any family or household member who has been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening, by another family or household member may apply for a restraining or protective order.7 “Family or household member” means:

  • Spouses and former spouses;
  • Parents or their children;
  • Persons related by blood or marriage;
  • Persons not related by blood or marriage presently residing together or who have resided together;
  • Persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and
  • Persons who are in or have recently been in a dating relationship.8

The restraining or protective order application form must allow an applicant, at the applicant’s option, to indicate whether the respondent holds a permit to carry a pistol or revolver or possesses one or more firearms or ammunition.9

Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued

See the section entitled Disarming Prohibited Persons in Connecticut regarding the firearm and ammunition surrender requirements when a protective order is issued.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

Whenever a peace officer determines that a “family violence crime” has been committed, the officer may seize any firearm or ammunition at the location where the crime is alleged to have been committed that is in the possession of any person arrested for the commission of the crime or suspected of its commission or that is in plain view.10 The law enforcement agency must return the firearm(s) and ammunition to the rightful owner not later than seven days after the seizure, unless the person is ineligible to possess a firearm or otherwise ordered by the court.11

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

Notes
  1. Conn. Gen. Stat. § 53a-61.
  2. Conn. Gen. Stat. § 53a-61a.
  3. Conn. Gen. Stat. § 53a-96.
  4. Conn. Gen. Stat. § 53a-181d.
  5. Conn. Gen. Stat. § 53a-217(a)(4). See also Conn. Gen. Stat. § 53a-217c(a)(5) for similar prohibitions for “criminal possession of a pistol or revolver.”
  6. Conn. Gen. Stat. § 29-36f(b)(6).
  7. Conn. Gen. Stat. § 46b-15(a).
  8. Conn. Gen. Stat. § 46b-38a(2).
  9. Conn. Gen. Stat. § 46b-15(b).
  10. Conn. Gen. Stat. § 46b-38b(a).
  11. Id.

Disarming Prohibited Persons in Connecticut

Persons Falling into State Prohibited Categories

Whenever a person becomes ineligible to possess a firearm, he or she has two business days from the event causing the ineligibility to transfer any firearm in his or her possession to any person eligible to possess firearms.1 The ineligible person may alternatively transfer the firearm(s) to the Commissioner of Emergency Services and Public Protection.2 However, pursuant to a law Connecticut adopted in 2011, a person who becomes ineligible because of the issuance of a domestic violence protective order against him or her must transfer any firearm in his or her possession only to a federally licensed firearms dealer or the Commissioner.3

The Commissioner, in conjunction with the Chief State’s Attorney and the Connecticut Police Chiefs Association, must develop and maintain a protocol to ensure that persons who become ineligible to possess a firearm have transferred the gun to an eligible person, or have delivered or surrendered the firearm to the Commissioner. The protocol must include specific instructions for the transfer, delivery or surrender of guns when the assistance of more than one law enforcement agency is necessary to effect these requirements.4

Gun Possessors Posing Imminent Risk of Injury

In Connecticut, a state’s attorney or any two police officers may file a complaint to any Superior Court judge for seizure of a firearm or ammunition when they have probable cause to believe that:  1) a person poses a risk of imminent personal injury to himself, herself or others; 2) the person possesses one or more firearms; and 3) the firearm is within or upon any place, thing or person.5 Probable cause may be based on:

  • Recent threats or acts of violence directed towards self or others;
  • Recent acts of cruelty to animals;
  • Reckless use, display or brandishing of a firearm;
  • A history of use, attempted use or threatened use of physical force against others;
  • Illegal use of controlled substances or abuse of alcohol; or
  • Involuntary confinement to a hospital for persons with psychiatric disabilities.6

The judge may then issue a warrant commanding a law enforcement officer to search that person, place, or thing, and take any and all firearms or ammunition into custody.7 The court must hold a hearing no later than 14 days after execution of the warrant to determine whether the seized firearms and ammunition should be returned to the person named in the warrant.8 If the court finds by clear and convincing evidence that the person poses a risk of imminent personal injury to himself or herself or others, it may order the state to continue to hold the firearms and ammunition for up to one year.9

Notes
  1. Conn. Gen. Stat. § 29-36k(a).
  2. Id.
  3. Id.
  4. Conn. Gen. Stat. § 29-36n.
  5. Conn. Gen. Stat. § 29-38c(a).
  6. Conn. Gen. Stat. § 29-38c(b). Any person whose firearms have been ordered seized under this statute, or his or her legal representative, may transfer the firearms in accordance with the provisions of Conn. Gen. Stat. § 29-33 or other applicable state or federal law, to any person eligible to possess firearms. Conn. Gen. Stat. § 29-38c(e).
  7. Conn. Gen. Stat. § 29-38c(a).
  8. Conn. Gen. Stat. § 29-38c(d).
  9. Id.

Background Checks in Connecticut

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Connecticut is a point-of-contact state for NICS. In Connecticut, all firearms transfers by licensed dealers are processed through the Connecticut Department of Emergency Services and Public Protection (“DESPP”).1

In Connecticut, a person, firm or corporation who seeks to sell a long gun at retail or a handgun (whether a licensed dealer or private seller) must:

  • Have the transferee complete a written application and retain the application for at least 20 years or until he or she goes out of business;
  • Make the application available for inspection during normal business hours by law enforcement;
  • Transfer only to a transferee he or she knows personally or who presents appropriate identification (handguns only);
  • Obtain an authorization number from DESPP; and
  • Wait two weeks from the date of application before transferring the firearm (long guns only, until April 1, 2014).2

DESPP must make reasonable “effort,” including a search of NICS, to determine if the applicant is eligible to receive a firearm.3

Private (unlicensed) individuals may not purchase or receive a firearm unless such person holds a: 1) permit to carry a pistol or revolver; 2) eligibility certificate for a pistol or revolver; 3) permit to sell at retail a pistol or revolver; or 4) long gun eligibility certificate.  These permits are issued following a background check by DESPP on the applicant.4 See the Private Sales in Connecticut section.

Prior to the transfer of any firearm at a gun show, the transferee must undergo a background check.5 See the Gun Shows in Connecticut section for more information.

To obtain an ammunition certificate, allowing a person to purchase ammunition in Connecticut, a person must request this certificate from the DESPP commissioner.6 After conducting the criminal history records check of the person using only their name and date of birth, the commissioner must issue the ammunition certificate unless the person is ineligible for a long gun eligibility certificate.7

See our Background Checks policy summary for a comprehensive discussion of this issue.

Notes
  1. Conn. Gen. Stat. § 29-36l(d)(1). See also Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map (last visited July 8, 2013).
  2. Conn. Gen. Stat. §§ 29-33(a), (c), 29-37a(d).
  3. Conn. Gen. Stat. §§ 29-33(c), 29-37a(d).
  4. Conn. Gen. Stat. §§ 29-28(b), 29-36f, 29-36g, 29-38g, 29-38h.
  5. Conn. Gen. Stat. § 29-37g(c).
  6. Conn. Gen. Stat. § 29-38l(a).
  7. Conn. Gen. Stat. § 29-38l(b).

Mental Health Reporting in Connecticut

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”1 No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

In Connecticut, the Department of Emergency Services and Public Protection (DESPP) must report to the NICS Denied Persons File the name, date of birth and physical description of any person prohibited from possessing a firearm, pursuant to federal law.2 Connecticut requires DESPP, the state Department of Mental Health and Addiction Services (DMHAS)  and the state Judicial Department to enter into a memorandum of understanding with the FBI for the purpose of implementing NICS.3.

The Commissioner of DESPP is required to verify that a person who seeks a permit to sell at retail a pistol or revolver, a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a certificate of possession for an assault weapon or a long gun eligibility certificate has not been confined in a hospital for persons with psychiatric disabilities within the preceding 60 months by order of a probate court, or has not been voluntarily admitted to a hospital for persons with psychiatric disabilities within the preceding six months for care and treatment (see below for more on voluntary admissions), by inquiring with DMHAS to receive a report limited to the commitment or admission status of the person.4

The Commissioner of DMHAS must maintain information on commitment orders by a probate court, as well as voluntary admissions, and provide such information to the Commissioner of DESPP in fulfillment of his or her obligations under Connecticut’s gun laws.5

In 2011, Connecticut enacted a law establishing a procedure for an individual prohibited from possessing firearms under federal law for mental health reasons to petition for relief from the federal prohibition. If the petition is granted, the Commissioner of DESPP must coordinate the removal or cancellation of the record in NICS, and notify the U.S. Attorney General that the basis of the record no longer applies.6

For general information on the background check process and categories of prohibited purchasers or possessors, see the Background Checks in Connecticut and Prohibited Purchasers Generally in Connecticut sections.

Reporting Voluntary Admissions to a Psychiatric Hospital

As of October 1, 2013, DMHAS must maintain information on voluntary admissions, and make that information available to the Commissioner of DESPP to carry out his or her obligations pertaining to gun credentials.7

The Commissioner of DESPP must verify from DMHAS that a person applying for a gun credential was not subject to such a voluntary admission, and DMHAS must report such information to DESPP.  If the Commissioner determines that an applicant is subject to voluntary admission, the Commissioner must report the status of the person’s application to DMHAS.8

The Commissioner of DMHAS must obtain from DESPP the status of any such applications for anyone who has been voluntarily admitted.  DMHAS must advise the psychiatric hospital to which a person has been voluntarily admitted of the status of a gun application, as reported by DESPP.  Finally, the DMHAS Commissioner and the hospital must maintain as confidential any such information they receive on the status of permit applications.9

Connecticut law requires psychiatric hospitals, without delay, to notify the Commissioner of DMHAS when a person is voluntarily admitted to the hospital for care and treatment of a psychiatric disability, other than admission solely for alcohol or drug treatment.10 The hospital must at least provide the person’s name, address, gender, date of birth, and date of admission. The Commissioner of DMHAS must maintain such identifying information on all voluntary admissions occurring on and after October 1, 2013.11

See our Mental Health Reporting policy summary for a comprehensive discussion of this issue.

Notes
  1. 18 U.S.C. § 922(d)(4).
  2. Conn. Gen. Stat. § 29-36l(d)(2).
  3. Id.
  4. Conn. Gen. Stat. § 29-38b(a).
  5. Conn. Gen. Stat. § 17a-500(b).
  6. Conn. Gen. Stat. § 45a-100.
  7. Conn. Gen. Stat. § 17a-500(b).
  8. Conn. Gen. Stat. § 17a-500(b), (c).
  9. Conn. Gen. Stat. § 17a-500(c)(3), (4).
  10. Conn. Gen. Stat. § 17a-499a.
  11. Id.