Sec. 29-38c. Seizure of firearms of person posing risk of imminent personal injury to self or others.
Sec. 29-38c. Seizure of firearms of person posing risk of imminent personal
injury to self or others. (a) Upon complaint on oath by any state's attorney or assistant
state's attorney or by any two police officers, to any judge of the Superior Court, that
such state's attorney or police officers have probable cause to believe that (1) a person
poses a risk of imminent personal injury to himself or herself or to other individuals,
(2) such person possesses one or more firearms, and (3) such firearm or firearms are
within or upon any place, thing or person, such judge may issue a warrant commanding
a proper officer to enter into or upon such place or thing, search the same or the person
and take into such officer's custody any and all firearms. Such state's attorney or police
officers shall not make such complaint unless such state's attorney or police officers
have conducted an independent investigation and have determined that such probable
cause exists and that there is no reasonable alternative available to prevent such person
from causing imminent personal injury to himself or herself or to others with such
firearm.
(b) A warrant may issue only on affidavit sworn to by the complainant or complainants before the judge and establishing the grounds for issuing the warrant, which affidavit
shall be part of the seizure file. In determining whether grounds for the application exist
or whether there is probable cause to believe they exist, the judge shall consider: (1)
Recent threats or acts of violence by such person directed toward other persons; (2)
recent threats or acts of violence by such person directed toward himself or herself; and
(3) recent acts of cruelty to animals as provided in subsection (b) of section 53-247 by
such person. In evaluating whether such recent threats or acts of violence constitute
probable cause to believe that such person poses a risk of imminent personal injury to
himself or herself or to others, the judge may consider other factors including, but not
limited to (A) the reckless use, display or brandishing of a firearm by such person, (B)
a history of the use, attempted use or threatened use of physical force by such person
against other persons, (C) prior involuntary confinement of such person in a hospital
for persons with psychiatric disabilities, and (D) the illegal use of controlled substances
or abuse of alcohol by such person. If the judge is satisfied that the grounds for the
application exist or that there is probable cause to believe that they exist, such judge
shall issue a warrant naming or describing the person, place or thing to be searched.
The warrant shall be directed to any police officer of a regularly organized police department or any state police officer. It shall state the grounds or probable cause for its
issuance and it shall command the officer to search within a reasonable time the person,
place or thing named for any and all firearms. A copy of the warrant shall be given to
the person named therein together with a notice informing the person that such person
has the right to a hearing under this section and the right to be represented by counsel
at such hearing.
(c) The applicant for the warrant shall file a copy of the application for the warrant
and all affidavits upon which the warrant is based with the clerk of the court for the
geographical area within which the search will be conducted no later than the next
business day following the execution of the warrant. Prior to the execution and return
of the warrant, the clerk of the court shall not disclose any information pertaining to the
application for the warrant or any affidavits upon which the warrant is based. The warrant
shall be executed and returned with reasonable promptness consistent with due process
of law and shall be accompanied by a written inventory of all firearms seized.
(d) Not later than fourteen days after the execution of a warrant under this section,
the court for the geographical area where the person named in the warrant resides shall
hold a hearing to determine whether the seized firearms should be returned to the person
named in the warrant or should continue to be held by the state. At such hearing the
state shall have the burden of proving all material facts by clear and convincing evidence.
If, after such hearing, the court finds by clear and convincing evidence that the person
poses a risk of imminent personal injury to himself or herself or to other individuals, it
may order that the firearm or firearms seized pursuant to the warrant issued under subsection (a) of this section continue to be held by the state for a period not to exceed one
year, otherwise the court shall order the seized firearm or firearms to be returned to the
person named in the warrant. If the court finds that the person poses a risk of imminent
personal injury to himself or herself or to other individuals, it shall give notice to the
Department of Mental Health and Addiction Services which may take such action pursuant to chapter 319i as it deems appropriate.
(e) Any person whose firearm or firearms have been ordered seized pursuant to
subsection (d) of this section, or such person's legal representative, may transfer such
firearm or firearms in accordance with the provisions of section 29-33 or other applicable
state or federal law, to any person eligible to possess such firearm or firearms. Upon
notification in writing by such person, or such person's legal representative, and the
transferee, the head of the state agency holding such seized firearm or firearms shall
within ten days deliver such firearm or firearms to the transferee.
(P.A. 99-212, S. 18.)
Subsec. (d):
No clear and convincing evidence defendant posed a risk of imminent personal injury to himself or others. 50 CS 246.