Sec. 29-36l. Verification of eligibility of persons to receive or possess firearms. State database. Instant criminal background check. Immunity of seller or transferor. Authorization number required.
Sec. 29-36l. Verification of eligibility of persons to receive or possess firearms.
State database. Instant criminal background check. Immunity of seller or transferor. Authorization number required. (a) The Commissioner of Public Safety shall
establish a state database within one year of October 1, 1994, that any person, firm or
corporation who sells or otherwise transfers pistols or revolvers may access, by telephone or other electronic means in addition to the telephone, for information to be
supplied immediately, on whether a permit to carry a pistol or revolver, issued pursuant
to subsection (b) of section 29-28, a permit to sell at retail a pistol or revolver, issued
pursuant to subsection (a) of section 29-28, or an eligibility certificate for a pistol or
revolver, issued pursuant to section 29-36f, is valid and has not been revoked or suspended.
(b) Upon establishment of the database, the commissioner shall notify each person,
firm or corporation holding a permit to sell at retail pistols or revolvers issued pursuant
to subsection (a) of section 29-28 of the existence and purpose of the system and the
means to be used to access the database.
(c) The Department of Public Safety shall establish days and hours during which
the telephone number or other electronic means shall be operational for purposes of
responding to inquiries, taking into consideration the normal business hours of retail
firearm businesses.
(d) (1) The Department of Public Safety shall be the point of contact for initiating
a background check through the National Instant Criminal Background Check System
(NICS), established under section 103 of the Brady Handgun Violence Prevention Act,
on individuals purchasing firearms.
(2) The Department of Public Safety, Department of Mental Health and Addiction
Services and Judicial Department shall, in accordance with state and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau
of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the state. The Department of Public Safety shall report the
name, date of birth and physical description of any person prohibited from possessing
a firearm pursuant to 18 USC 922(g) or (n) to the National Instant Criminal Background
Check System Index, Denied Persons Files.
(e) Any person, firm or corporation that contacts the Department of Public Safety
to access the database established under this section and determine if a person is eligible
to receive or possess a firearm shall not be held civilly liable for the sale or transfer of
a firearm to a person whose receipt or possession of such firearm is unlawful or for
refusing to sell or transfer a firearm to a person who may lawfully receive or possess
such firearm if such person, firm or corporation relied, in good faith, on the information
provided to such person, firm or corporation by said department, unless the conduct of
such person, firm or corporation was unreasonable or reckless.
(f) Any person, firm or corporation that sells, delivers or otherwise transfers any
firearm pursuant to section 29-33 or 29-37a, shall contact the Department of Public
Safety to access the database established under this section and receive an authorization
number for such sale, delivery or transfer. The provisions of this subsection shall not
apply to: (1) Any sale, delivery or transfer of an antique firearm manufactured in or
before 1898, including any firearm with a matchlock, flintlock, percussion cap or similar
type of ignition system manufactured in or before 1898; (2) any sale, delivery or transfer
of any replica of any firearm described in subdivision (1) of this subsection if such
replica uses rimfire or conventional centerfire fixed ammunition which is no longer
manufactured in the United States and which is not readily available in the ordinary
channels of commercial trade; (3) transactions between persons who are licensed as
firearms importers or collectors, manufacturers or dealers pursuant to 18 USC 921 et
seq.; (4) the transfer of firearms to and from gunsmiths for purposes of repair only; and
(5) any sale, delivery or transfer of any firearm to any agency of the United States, the
state of Connecticut or any local government.
(July Sp. Sess. P.A. 94-1, S. 16; P.A. 99-212, S. 7; P.A. 05-283, S. 1.)
History: P.A. 99-212 added Subsec. (c) re establishment of days and hours during which the telephone number or other
electronic means shall be operational to respond to inquiries, added Subsec. (d) re designation of the Department of Public
Safety as the point of contact for initiating background checks through the National Instant Criminal Background Check
System, added Subsec. (e) re immunity of sellers and transferors who contact the Department of Public Safety to access
the database and rely in good faith on the information provided and added Subsec. (f) re requirement that sellers and
transferors contact the department to access the database and receive an authorization number and re exempt transactions;
P.A. 05-283 amended Subsec. (d) to designate existing provisions as Subdiv. (1) and to add Subdiv. (2) re memorandum
of understanding with the Federal Bureau of Investigation for purpose of implementing the National Instant Criminal
Background Check System.