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Related: About this forumConnecticut Code Sec. 29-38c
Seizure of firearms of person posing risk of imminent personal injury to self or others.(a) Upon complaint on oath by .. state's attorney .. or by .. two police officers .. that such .. have probable cause to believe that
(1) a person poses a risk of imminent personal injury to himself .. or .. other individuals,
(2) such person possesses .. firearms, and
(3) such firearm or firearms are within or upon any place .. or person, .. judge may issue a warrant commanding a proper officer to enter .., search .. and take into .. custody .. firearms. Such state's attorney or police officers shall not make such complaint unless such state's attorney or police officers have conducted .. investigation and .. determined that .. probable cause exists and that there is no reasonable alternative available to prevent such person from causing imminent personal injury ...
(b) A warrant may issue only on affidavit sworn .. before the judge and establishing .. grounds for .. the warrant, which affidavit shall be part of the seizure file. In determining whether grounds .. exist or whether there is probable cause .., the judge shall consider:
(1) Recent threats or acts .. directed toward other persons;
(2) recent threats or acts .. directed toward himself ..; and
(3) recent acts of cruelty to animals ...
In evaluating whether .. threats or acts of violence constitute probable cause .., the judge may consider .. factors including ..
(A) the reckless use, display or brandishing of a firearm ..
(B) a history of the use, attempted use or threatened use of physical force ..,
(C) prior involuntary confinement .. for .. psychiatric disabilities, and
(D) .. illegal use of controlled substances or abuse of alcohol ...
If the judge is satisfied that the grounds .. exist .. judge shall issue a warrant ... The warrant shall be directed to any police officer ... It shall state the grounds .. and .. shall command the officer to search within a reasonable time ... A copy of the warrant shall be given to the person named therein together with a notice informing .. that ... person has the right to a hearing .. and the right to be represented ...
(c) The applicant for the warrant shall file a copy .. with the clerk ... Prior to the execution .. the clerk .. shall not disclose any information ... The warrant shall be executed .. with .. promptness consistent with due process .. and shall be accompanied by .. inventory of .. firearms seized.
(d) .. the court .. shall hold a hearing to determine whether the seized firearms should be returned to the person named in the warrant ... At such hearing the state shall have the burden of proving .. facts ... If .. the court finds .. that the person poses a risk of imminent personal injury .., it may order that the .. firearms seized .. continue to be held .. for a period not to exceed one year, otherwise the court shall order the seized .. firearms .. be returned ... If the court finds that the person poses a risk of imminent personal injury.., it shall give notice to the Department of Mental Health and Addiction Services which may take .. action ...
(e) Any person whose .. firearms have been ordered seized .. may transfer such .. firearms .. to any person eligible to possess such ... Upon notification .., the head of the state agency holding such .. firearms shall .. deliver such .. to the transferee.
http://law.justia.com/codes/connecticut/2011/title29/chap529/Sec29-38c.html
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Connecticut Code Sec. 29-38c (Original Post)
struggle4progress
Jul 2012
OP
LAGC
(5,330 posts)1. I wonder, is that law ever enforced?
Too bad today's shooter hadn't been checked into a mental health clinic.
I'm sure the warning signs were everywhere.
Bonhomme Richard
(8,997 posts)2. Yes, it is enforced and quite a few guns.....
have been confiscated.
gejohnston
(17,502 posts)3. I see nothing to oppose the law, so
are you saying Colorado should have a similar one (if they don't)? Or someone should have been observant and started the process before yesterday?
Glaug-Eldare
(1,089 posts)4. What's with all the ..s?
GarroHorus
(1,055 posts)5. Not a bad law. It would have done nothing to stop James Holmes from doing what he did, though. nt
aikoaiko
(34,163 posts)6. If a person poses such a threat they should have a mental health eval & there are means to do so...
...in every state that could lead to institutionalization for their sake and the sake of others.