Community Corner

Witkos, LeGeyt Explain Reasons For Voting Against Connecticut's Gun Control Legislation

While Connecticut Gov. Dannel Malloy signed historic gun control legislation at noon time Thursday, state Rep. Tim LeGeyt and state Sen. Kevin Witkos both voted against it, according to the Hartford Courant. 

LeGeyt said the mental health and school security segments of SB1160, An Act Concerning Gun Violence Prevention and Children’s Safety, provoked little disagreement. 

However, LeGeyt said the gun-control portion did, partially due to its complexity and confusion. 

"As a result, and even though the task force and leadership deliberations were bi-partisan, thereby managing to keep the terms of the bill relating to gun violence from going to the extremes that it otherwise might have if the process was managed in the usual partisan way, I felt that the terms of the bill relating to gun violence still went too far and I voted ‘no’ on this legislation," LeGeyt said in a prepared statement.

Witkos, who served on two of the working groups that focused on school safety and gun violence, offered similar thoughts. He said he received 7,000 emails, most from people who opposed the bill. Still he thought there was a lot of good but felt at least one provision would infringe on Constitutional rights. 

“There are some great parts of the bill, which I believe will help keep guns out of the wrong hands, including felons and the mentally ill. But as I said on the Senate floor, the sum of the parts does not equal the whole of the bill. If you start to prune the roots of the tree of liberty, the tree will suffer a withering demise.” 

Attached and below are portions of the legislation LeGeyt said are frequently asked about and/or misunderstood.

GUN BILL FAQS
Q. Will I have to surrender any of my currently owned firearms, magazines, or ammunitions?
A. No. The bill does not provide for the confiscation of any property lawfully owned prior to the effective date of the bill.

Q. What will I need in order to purchase a long gun?
A. After April 1, 2014, you will need a pistol permit, an eligibility certificate, or a long gun eligibility certificate to purchase a long gun in Connecticut.
The new long gun eligibility certificate is similar to the existing eligibility certificate. To apply for a long gun eligibility certificate, a person must be 18 or older, successfully complete a firearms safety course and background check, and must not have been involuntarily confined to a hospital for a psychiatric disability within the past 5 years or voluntarily confined to a hospital for a psychiatric disability within the past 6 months.

Q. What will I need to purchase ammunition?
A. After October 1, 2013, you will need a pistol permit, eligibility certificate, long gun eligibility certificate or an ammunition certificate along with a valid form of identification in order to purchase ammunition in Connecticut.
To obtain an ammunition certificate, any person 18 or older may request that the Department of Emergency Services and Public Protection perform a national criminal history records check to determine if such person is eligible to possess a firearm in Connecticut. After a successful records check, the Department will issue an ammunition certificate that is good for 5 years.

Q. Will there be any limits as to the quantity of legal firearms or ammunition that I can purchase?
A. No. The bill does not limit or restrict the amount of legal firearms or ammunition that may be purchased by an eligible buyer.

Q. What are the limits on detachable magazines? How many rounds can I carry?
A. Upon passage of the bill, you will no longer be able to purchase detachable magazines that accept more than 10 rounds of ammunition in Connecticut. If prior to passage, you own detachable magazines that accept more than 10 rounds of ammunition you may keep those magazines as long as you file a declaration of possession with the Department of Emergency Services and Public Protection. The declaration will let the Department know you lawfully possessed the large capacity magazines before the bill went into effect.
Persons who lawfully possess large capacity magazines prior to the passage of the bill can carry their magazines at home and at target ranges or shooting clubs filled to capacity. The magazines may also be used at a person’s place of business or other property owned by that person as long as the magazine does not contain more than 10 rounds of ammunition. Large capacity magazines can also be transported between these places if they contain no more than 10 rounds of ammunition.

Q. Are there changes being made to the permit application process or fee structure?
A. The process for obtaining a pistol permit remains the same; however, applicants going forward will only be able to apply for a temporary permit to carry in the town where they are a bona fide resident. In the past, you could apply for a temporary permit to carry in either your town of residence or place of business. Also, you may only apply for a temporary permit to carry a pistol or revolver once every twelve months.
There are no increases in any existing fees. There are fees related to the new long gun eligibility certificate and the ammunition certificate. Both certificates will cost $35 every five years.

Q. Will there be a new firearm ammunition tax?
A. No. There are no new taxes included in the bill.

Q. Will there be a new insurance requirement for firearms owners?
A. No. There is no mention of insurance requirements for firearms owners in the bill.

Q. Are police, military and corrections officers who are exempt in their professional capacity also exempt in the private capacity?
A. Yes. The exemptions for police, military and corrections officers apply on and off duty.

Q. How does the bill change private transactions?
A. The bill will requires a background check for all firearm sales, including private transactions. Parties seeking to privately transfer a firearm will need to provide proof that they are eligible to buy or sell a firearm, and they will need to have a background
check performed by either the Department of Emergency Services and Public Protection or a federal firearms license dealer.

Q. Will those who currently own a firearm be required to undergo retroactive “universal” background checks?
A. Only those who possessed newly designated assault weapons prior to passage of the bill will have to apply for a certificate of possession for assault weapons. The application for the certificate of possession requires a background check.

Q. How will online gun purchases be changed?
A. The laws that apply to the purchase or sale of firearms or ammunition under Connecticut law apply to online purchases. Businesses selling firearms or ammunition online to Connecticut residents will need to verify that a person is eligible to purchase a firearm or ammunition in order to sell it.

Q. How many guns are you banning?
A. The bill lists a number of specific firearms that upon passage of the bill will no longer be available for purchase in Connecticut. It will be unlawful to possess these firearms unless you owned the firearms before the effective date of the bill, and you apply for a certificate of possession to have them.

Q. What types of rifles are banned?
A. The bill adds rifles with the following features to the assault weapons ban: Any semiautomatic centerfire rifles (regardless of when they are manufactured) that accept a detachable magazine and have any one of the following: (1) folding or telescopic stock, (2) a grip that is below the action of the weapon, (3) forward grip, (4) a flash suppressor or a grenade or flare launcher. It also limits semiautomatic centerfire rifles that have a fixed magazine with the ability to accept more than ten rounds or any semiautomatic centerfire rifle that has an overall length of less than 30 inches.

Q. What types of handguns are banned?
A. The bill adds handguns with the following features to the assault weapons ban: Semiautomatic pistols (regardless of when they are manufactured) with a detachable magazine and have any one of the following: (1) An ability to accept a detachable magazine that attaches at some location outside of the pistol grip, (2) a threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer, (3) a shroud, or (4) a second hand grip. It also limits any semiautomatic pistol that has a fixed magazine that accepts more than ten rounds.

Q. What types of shotguns are banned?
A. The bill adds shotguns with the following features to the assault weapons ban: Semiautomatic shotguns that have BOTH a folding or telescopic stock and a grip that is below the action of the weapon. Shotguns that are capable of accepting a detachable magazine will now be banned. In addition, shotguns with a revolving cylinder will also be illegal.

Q. Are any rimfire rifles banned?
A. Rimfire rifles are not affected by the new law. There are semiautomatic pistols that fire rimfire ammunition that may fit within the definition of an assault weapon depending on the features of such pistol.

Q. What will the impact of the banned weapons be to the gun industry in Connecticut?
A. Manufacturers of assault weapons located in Connecticut will be able to continue to engage in the manufacturing of assault weapons in this state. Manufacturers may also continue to sell rimfire rifles, shotguns and rifles that meet our new definition. Section 53-202i of the Connecticut General Statutes expressly exempts the assault ban provisions from the manufacture of such weapons.

Q. Will antique weapons firearms be subject to the assault weapons ban?
A. The current definition of what constitutes an antique firearm remains unchanged under the bill.

Q. What are penalties if registration or certificates not done?
A. Persons who lawfully possess a newly designated assault weapon will have until January 1, 2014 to apply for a certificate of possession for that firearm. People in possession of newly designated assault weapons who fail to register their firearms will have committed a Class A misdemeanor for a first time violation. Subsequent violations of the law will be classified as a Class D felony.
Persons who are in lawful possession of large capacity magazines (magazines that exceed 10 rounds of bullets) that have been acquired prior to the effective date of the bill, will have until January 1, 2014 to declare each large capacity magazine. Failure to declare any large capacity firearms past that date will have committed an infraction for a first offense and a Class D felony for subsequent offenses.




   



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