Connecticut gun laws: A primer

Debate over potential responses swings wide in the wake of the Dec. 14 shootings at Sandy Hook Elementary School in Newtown. Twenty-eight people died that day, most of them first-graders, as well as the young shooter, who also took his own life.The topic of gun control is an emotional one, and one that might be best approached with a good working knowledge of the facts about gun laws.Connecticut has some of the strictest gun laws in the country. Yet, as is the case in other states and large cities that have imposed drastic restrictions, crime is on the rise. Banning or restricting anything does not keep it out of the hands of those who would abuse it. Criminals, by definition, are people who don’t obey laws.Legislators head back to Hartford Jan. 9, and new gun control laws are already being proposed. There is also talk of reintroducing a mental health bill defeated in the last regular session that would allow the state to forcibly commit individuals to a psychiatric facility.Some say doing something, such as passing more laws, is better than nothing. Others say passing laws that may be flawed and that taking guns out of the hands of law-abiding citizens makes the problem worse.Two weeks after the Newtown tragedy, a suit was filed against the state and local boards of education on behalf of a surviving 6-year-old, claiming not enough was done to protect the students from potential threats. What schools can or should do is another major debate to be had.When it comes to gun laws, some are federal, but most are state, with wide variations from state to state, and bans and tighter restrictions in some cities. What is an assault weapon?One of the overarching issues with gun laws is the varied interpretation of weapons. The most common misconception seems to be the use of the term “assault weapon.” It is not a technical term, but one that has been used within the law to describe all sorts of handguns, rifles and shotguns, usually based on a gun’s loading mechanism. Any gun that can hold more than one round of ammunition can be termed at least semiautomatic. That includes a revolver set to double action, so that pulling the trigger will cock the hammer and rotate the barrel to line up the next round. It includes the .223 Bushmaster rifle used in Newtown — a hunting rifle often confused with automatic AK or UZI type weapons because of its modular design.Connecticut has had an assault weapons ban since 1993, restricting the purchase after that to law enforcement officials. Assault weapons are defined here as “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.” The statute goes on to list 67 specific models.Included in the definition are parts that can be used to convert a gun to an assault weapon and guns that can be modified in various ways, such as a folding or telescopic stock and the ability to accept a silencer or detachable magazine (for increased ammunition).Assault weapons held before Oct. 1, 1993, are required to be registered. They can be legally acquired after that date by inheritance under certain conditions.Handgun regulationsIn Connecticut, a permit is not needed to own a handgun, but one is needed to carry it outside of one’s home, whether concealed or not (even while still on one’s own property), in a vehicle or at a business where one is employed.In order to obtain a carry permit here, an applicant must be a legal U.S. resident at least 21 years old, and live in or own a business in the jurisdiction in which they apply.They must have completed a handgun safety course. The current approved course is offered by the National Rifle Association (NRA).A felony conviction or a list of seven lesser charges — including assault, stalking and possession of narcotics — will result in application denial, as will having been found not guilty of a crime for reasons of mental illness within the preceding 20 years.The applicant cannot be subject to a restraining order in a case involving the use or threat of physical force, a firearms seizure order issued for posing a risk of personal injury to oneself or others and can be prohibited from possessing firearms by having been found mentally incompetent under federal law.Proof of all is to be provided by the applicant and through a criminal background check. The application process starts locally, with either the chief of police or with the first selectman in towns where there is no local police department.Should not alarm peopleA carry permit does not allow possession of a firearm on public or private school property. An exception is access granted by school officials for lawful purposes, or to carry an unloaded firearm on school property for the purpose of accessing land open for hunting.The Connecticut Board of Firearms Permit Examiners, which reviews denials and revocations of permits, cautions that “every effort should be made to ensure that no gun is exposed to view or carried in a manner that would tend to alarm people who see it.”Strict guidelines are set for both retail and private handgun sales. Retailers must have a federal firearms license. Clerks must meet the same requirements as permit holders and an application process must be followed. Providing false information is a felony.Purchasing a handgun requires an eligibility certificate or pistol permit. Connecticut law states that a certificate or permit cannot be denied as long as there is no reason to deny, such as a felony conviction.An eligibility certificate application is the same as that for a carry permit. It allows the holder to purchase a handgun and transport it to their home or business. To purchase a long gun, no permit is required, but there is an application and a two-week waiting period. The waiting period does not apply to law enforcement officers, active duty military personnel, holders of valid pistol permits or hunting licenses, or to the sale of antique firearms.The Castle DoctrineA point of interest: 18 states recognize a Connecticut carry permit, but Connecticut honors permits from other states only when the permit holder is traveling in or through Connecticut to take part in a shooting competition, formal training or to attend a meeting or exhibition of an organized collectors’ group.A nonresident may apply to obtain a permit to carry a pistol or revolver by contacting the Connecticut State Police Special License and Firearm Unit. In recent years, many states, including Connecticut, have adopted the Castle Doctrine. It allows the use of reasonable, including deadly, force to protect lives when attacked in one’s home or workplace. The defender is not required to attempt to retreat from the attacker. Self-defense is a valid justification in a court of law, provided there is sufficient evidence.