CONNECTICUT Gun Violence Prevention and Children’s Safety. Probate Court
Public Acts Public Act 13-3 An Act Concerning Gun Violence Prevention and Children’s Safety.
Administered through the Probate Court
A *conservator is obligated to transfer or surrender firearms in the possession of a conserved person and to prevent the conserved person from having access to firearms owned by others. An ineligible person who fails to transfer or surrender a firearm or ammunition may be guilty of a Class C felony. (Effective October 1, 2013)
Office of the Probate
Court Administrator
2013 Legislative Summary
http://www.ctprobate.gov/Documents/2013 Legislative Summary.pdf
PUBLISHED BYOFFICE OF THE
PROBATE COURT ADMINISTRATOR
STATE OF CONNECTICUT
The Probate Court system achieved a successful legislative session in 2013. Our two bills, both of which were joint proposals of the Probate Assembly and probate administration, were enacted. In addition, our budget request was fully funded, enabling us to implement much deserved raises for court employees and judges. I thank all of you who worked to develop and advocate for our bills. The material in this packet includes a summary of each bill, together with a copy of the public act. The summaries are not meant to replace the public acts and are offered only to present a general understanding of the legislation. Bracketed text in the public acts indicates deletions, and underlined text indicates additions. Please note the effective dates of each act. We will present continuing education seminars on the new legislation at the court staff training on October 16th and the Judges Institute on October 23rd.
Table of Contents
Public Acts Public Act 13-3 An Act Concerning Gun Violence Prevention and Children’s Safety.
Public Act 13-220 An Act Concerning Revisions to the Gun Violence Prevention and Children’s Safety Act.
Public Act 13-3 (SB 1160) An Act Concerning Gun Violence Prevention and Children’s Safety Effective Date: See individual sections SUMMARY This complex act contains several changes to laws that govern the possession, transfer and sale of firearms and addresses a variety of mental health and school safety issues. Relatively few of the act’s provisions involve the Probate Courts. Those that do are summarized below. Assault weapons and large capacity magazines Sections 23 through 31: The act prospectively prohibits the sale, transfer, and possession of assault weapons and large capacity ammunition magazines. A grandfather provision permits an individual who has legally owned assault weapons or large capacity magazines before May 4, 2013 to retain possession, provided that the owner files the necessary documents with the Department of Emergency Services and Public Protection.
Assault weapons and large capacity magazines may not be sold or transferred to anyone in Connecticut other than a licensed gun dealer. They may, however, be passed to others by bequest or intestate succession. The executor or administrator of the estate must obtain authorization from the Probate Court for the transfer, and the heir or beneficiary must file documentation with the Department of Emergency Services and Public Protection. See Section 23 (large capacity magazines) and Section 26 (assault weapons). (Effective April 4, 2013) Ineligible persons Sections 34 and 44: Federal law prohibits an individual from purchasing or possessing firearms if he or she has been committed to an institution for treatment of a psychiatric disability or if a court has appointed a conservator for the person in an involuntary proceeding. The act codifies the same prohibitions as state law.
In addition, the act prohibits an individual from possessing a firearm for 60 months following an involuntary commitment and for six months following a voluntary admission to a hospital for treatment of a psychiatric disability. A person who is ineligible to possess firearms or ammunition must, within two days of the event that triggered the prohibition, sell or transfer the firearms or ammunition to an eligible person or surrender them to the Department of Emergency Services and Public Protection. A person who surrenders a firearm to the Department retains the ability to sell or transfer it within one year of the surrender.
A *conservator is obligated to transfer or surrender firearms in the possession of a conserved person and to prevent the conserved person from having access to firearms owned by others. An ineligible person who fails to transfer or surrender a firearm or ammunition may be guilty of a Class C felony. (Effective October 1, 2013) Name change Section 21: Existing law requires that the court notify the Department of Emergency Services and Public Protection when an application for a change of name is filed by a person who is required to register as a sexual offender. The commissioner has standing to object to the requested name change. The act amends C.G.S. section 45a-99 to make the same provisions applicable to individuals who are required to register as offenders convicted of committing a crime with a deadly weapon. (Effective January 1, 2014)
Behavioral Health Task Force Section 66 creates a task force to study behavioral health services in the state, focusing on services for individuals who are between the ages of 16 and 25. The task force must report its findings and recommendations to the Governor by February 1, 2014. Judge Robert K. Killian, Jr. is a member of the task force. DMHAS case management services Section 68 provides that the Department of Mental Health and Addiction Services (DMHAS) provide case management and coordination services to individuals with mental illness who are involved in Probate Court matters and not otherwise receiving such services. These services include an expansion of Melissa’s Project and the creation of a peer bridger program, under which individuals with mental illness provide support to each other. (Effective July 1, 2013)
Public Act 13-220 (SB 1094) An Act Concerning Revisions to the Gun Violence Prevention and Children’s Safety Act Effective date: See individual sections SUMMARY This act amends P.A. 13-3, discussed above. Again, only a few of the sections pertain to the Probate Courts. Sections 1 and 5 amend sections 23 and 26 of P.A. 13-3 to clarify that the exceptions to the law that allow large capacity magazines and assault weapons to pass to a party by bequest or intestate succession include bequests to a trust or transfers from a trust to a beneficiary under the terms of the trust. (Effective upon passage)
Section 20 amends C.G.S. section 45a-100, which addresses applications to the Probate Courts from individuals seeking relief from federal firearms disability. Section 20 precludes the court from granting such relief if state law prohibits the petitioner from possessing firearms due to an involuntary commitment, within the preceding 60 months or a voluntary commitment within the preceding six months. (Effective October 1, 2013)
Public Acts Public Act 13-3 An Act Concerning Gun Violence Prevention and Children’s Safety.
Administered through the Probate Court
A *conservator is obligated to transfer or surrender firearms in the possession of a conserved person and to prevent the conserved person from having access to firearms owned by others. An ineligible person who fails to transfer or surrender a firearm or ammunition may be guilty of a Class C felony. (Effective October 1, 2013)
Office of the Probate
Court Administrator
2013 Legislative Summary
http://www.ctprobate.gov/Documents/2013 Legislative Summary.pdf
PUBLISHED BYOFFICE OF THE
PROBATE COURT ADMINISTRATOR
STATE OF CONNECTICUT
The Probate Court system achieved a successful legislative session in 2013. Our two bills, both of which were joint proposals of the Probate Assembly and probate administration, were enacted. In addition, our budget request was fully funded, enabling us to implement much deserved raises for court employees and judges. I thank all of you who worked to develop and advocate for our bills. The material in this packet includes a summary of each bill, together with a copy of the public act. The summaries are not meant to replace the public acts and are offered only to present a general understanding of the legislation. Bracketed text in the public acts indicates deletions, and underlined text indicates additions. Please note the effective dates of each act. We will present continuing education seminars on the new legislation at the court staff training on October 16th and the Judges Institute on October 23rd.
Table of Contents
Public Acts Public Act 13-3 An Act Concerning Gun Violence Prevention and Children’s Safety.
Public Act 13-220 An Act Concerning Revisions to the Gun Violence Prevention and Children’s Safety Act.
Public Act 13-3 (SB 1160) An Act Concerning Gun Violence Prevention and Children’s Safety Effective Date: See individual sections SUMMARY This complex act contains several changes to laws that govern the possession, transfer and sale of firearms and addresses a variety of mental health and school safety issues. Relatively few of the act’s provisions involve the Probate Courts. Those that do are summarized below. Assault weapons and large capacity magazines Sections 23 through 31: The act prospectively prohibits the sale, transfer, and possession of assault weapons and large capacity ammunition magazines. A grandfather provision permits an individual who has legally owned assault weapons or large capacity magazines before May 4, 2013 to retain possession, provided that the owner files the necessary documents with the Department of Emergency Services and Public Protection.
Assault weapons and large capacity magazines may not be sold or transferred to anyone in Connecticut other than a licensed gun dealer. They may, however, be passed to others by bequest or intestate succession. The executor or administrator of the estate must obtain authorization from the Probate Court for the transfer, and the heir or beneficiary must file documentation with the Department of Emergency Services and Public Protection. See Section 23 (large capacity magazines) and Section 26 (assault weapons). (Effective April 4, 2013) Ineligible persons Sections 34 and 44: Federal law prohibits an individual from purchasing or possessing firearms if he or she has been committed to an institution for treatment of a psychiatric disability or if a court has appointed a conservator for the person in an involuntary proceeding. The act codifies the same prohibitions as state law.
In addition, the act prohibits an individual from possessing a firearm for 60 months following an involuntary commitment and for six months following a voluntary admission to a hospital for treatment of a psychiatric disability. A person who is ineligible to possess firearms or ammunition must, within two days of the event that triggered the prohibition, sell or transfer the firearms or ammunition to an eligible person or surrender them to the Department of Emergency Services and Public Protection. A person who surrenders a firearm to the Department retains the ability to sell or transfer it within one year of the surrender.
A *conservator is obligated to transfer or surrender firearms in the possession of a conserved person and to prevent the conserved person from having access to firearms owned by others. An ineligible person who fails to transfer or surrender a firearm or ammunition may be guilty of a Class C felony. (Effective October 1, 2013) Name change Section 21: Existing law requires that the court notify the Department of Emergency Services and Public Protection when an application for a change of name is filed by a person who is required to register as a sexual offender. The commissioner has standing to object to the requested name change. The act amends C.G.S. section 45a-99 to make the same provisions applicable to individuals who are required to register as offenders convicted of committing a crime with a deadly weapon. (Effective January 1, 2014)
Behavioral Health Task Force Section 66 creates a task force to study behavioral health services in the state, focusing on services for individuals who are between the ages of 16 and 25. The task force must report its findings and recommendations to the Governor by February 1, 2014. Judge Robert K. Killian, Jr. is a member of the task force. DMHAS case management services Section 68 provides that the Department of Mental Health and Addiction Services (DMHAS) provide case management and coordination services to individuals with mental illness who are involved in Probate Court matters and not otherwise receiving such services. These services include an expansion of Melissa’s Project and the creation of a peer bridger program, under which individuals with mental illness provide support to each other. (Effective July 1, 2013)
Public Act 13-220 (SB 1094) An Act Concerning Revisions to the Gun Violence Prevention and Children’s Safety Act Effective date: See individual sections SUMMARY This act amends P.A. 13-3, discussed above. Again, only a few of the sections pertain to the Probate Courts. Sections 1 and 5 amend sections 23 and 26 of P.A. 13-3 to clarify that the exceptions to the law that allow large capacity magazines and assault weapons to pass to a party by bequest or intestate succession include bequests to a trust or transfers from a trust to a beneficiary under the terms of the trust. (Effective upon passage)
Section 20 amends C.G.S. section 45a-100, which addresses applications to the Probate Courts from individuals seeking relief from federal firearms disability. Section 20 precludes the court from granting such relief if state law prohibits the petitioner from possessing firearms due to an involuntary commitment, within the preceding 60 months or a voluntary commitment within the preceding six months. (Effective October 1, 2013)
