The Connecticut House of Representatives on Apr. 28 narrowly shot down legislation that would have punished gunowners who failed to report their firearms being lost or stolen in a timely manner, according to Associated Press and the Connecticut edition of Newsday.
After nearly three hours of debate, lawmakers voted 79-66 to defeat a proposal to create a $500 penalty for anyone who doesn’t report a lost or stolen gun within 72 hours of discovering it was missing.
The legislation also called for those who intentionally fail to report a missing gun to face a misdemeanor charge for the first offense and face up to a year in prison, a fine of up to $2,000, or both. Subsequent offenders could be charged with a felony punishable by up to five years in prison, a fine of up to $5,000, or both under the plan.
Proponents of the bill were stunned by the vote, the news sources reported.
“It was kind of surprising. During the hearing, there wasn’t any kind of outcry,” said Rep. Robert Farr (R-West Hartford). He said the legislation will likely be revived next year.
Opponents said they feared some law-abiding gunowners could get unintentionally caught up in the legislation, especially people who may not use a firearm often and may not notice it has been stolen.
“The underlying premise of this bill before us today is it’s going to close a loophole,” said Rep. Kevin DelGobbo (R-Naugatuck). “I firmly believe it is going to open a huge door of concern for law-abiding citizens and in the process not making any of us safer.”
Rep. Michael Lawlor (D-East Haven), co-chairman of the Judiciary Committee, said police officials have asked for the legislation because so many illegal guns are being used in crimes. When authorities trace a gun used in a crime back to the owner of record, they’re often told the gun was lost or stolen, leaving police with no course of action.
“If we could close this one loophole, we could hold people accountable,” Lawlor said. But there was a lot more to the issue than requiring people to report lost or stolen firearms within 72-hours.
The legislation, as drafted, was opposed by the Coalition of Connecticut Sportsmen and other state and local groups as well as the National Rifle Association. The principal argument against the bill was not the requirement to report but the fact that courts would have the power to decide whether the firearm(s) was stored in such a manner that their was “substantial and unjustifiable risk” that it would be stolen. If the court found against the original lawful owner, he or she would be subject to other felony charges even if the theft or loss had been reported in a timely manner. The mere ownership of a firearm would thus pose a special state of jeopardy for residents of the Nutmeg State if the bill, HB-5818, had become law.
According to state news sources, Lawlor said he believed most residents supported the measure.
The bill had already passed the Senate on a 26-6 vote.
The debate and vote came amid news of a Milford gun shop owner being arrested on numerous federal firearms charges the same week.