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transfer law question
 Moderated by: jpierce  
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AGust82
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Joined: Sat Jun 14th, 2008
Location: Plainville, CT
Posts: 19
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 Posted: Tue Jun 24th, 2008 02:06 am
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My brother in law wants to have a pistol in his house for home defense but is not interested in a carry permit.  Is it legal to buy and own a gun without a permit if you will not be carrying it.  I know there is the issue of how do you get it home if you cant carry it.  Can i sell him a pistol legally?  And deliver it to "get around" him carrying it.  If you guys have any experience with this I'd love to hear it.

 

Alex

http://www.nationalgunforum.com/

bradco
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Joined: Fri Oct 12th, 2007
Location: West Haven, CT
Posts: 74
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 Posted: Tue Jun 24th, 2008 05:40 pm
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I could be wrong you will need to check the Department of Safety site, but if you purchase it and sell it to him, it would be considered a Straw Purchase which is a no no, and I think I remember reading in CT that he would still need an eligibilty certificate to have one at home and not carry, check further before you both end up in hot water.

GoldCoaster
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Joined: Tue Jun 24th, 2008
Location: Connecticut USA
Posts: 65
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 Posted: Wed Jun 25th, 2008 01:21 am
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I'm pretty sure that without the permit you will NOT be able to walk into a shop and purchase a handgun in the state.  What he may be able to try and get is a "certificate of eligibility"  I'll paste the pertinent info below.

Unless the town he's in has a very anti-gun police department, he may be better off taking the safety class and doing the permit route even if he won't be carrying.  One of the requirements of the cert of eligibility is taking the safety class.

RC
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From: http://cga.ct.gov/2007/pub/Chap529.htm#Sec29-36f.htm

     Sec. 29-36f. Eligibility certificate for pistol or revolver. (a) Any person who is twenty-one years of age or older may apply to the Commissioner of Public Safety for an eligibility certificate for a pistol or revolver.

      (b) The Commissioner of Public Safety shall issue an eligibility certificate unless said commissioner finds that the applicant: (1) Has failed to successfully complete a course approved by the Commissioner of Public Safety in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association; (2) has been convicted of a felony or of a violation of subsection (c) of section 21a-279, section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d; (3) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120; (4) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13; (5) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court; (6) is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person; (7) is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and hearing; (8) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4); or (9) is an alien illegally or unlawfully in the United States.

MGoduto
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Joined: Tue Jun 24th, 2008
Location: New Britain, Connecticut USA
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 Posted: Wed Jun 25th, 2008 02:23 am
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In the 'great' state of Connecticut, you can apply for a 'certificate of eligibility' that lets the holder buy a handgun and take it home. The application process is the same as the process for the 'carry' permit.  The strange thing is that the 'certificate' is 'shall issue' but the carry permit is 'may issue'. Go figure.

You can also contact the 'Special Licenses And Firearms Unit' of the CT state police and ask them to send you the 'Connecticut Firearms Laws Reference Guide'. It's a paperback booklet that contains all of the state gun laws; it's pretty good since the laws are found in two different sections of the General Statutes.

 

Mark

GoldCoaster
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Joined: Tue Jun 24th, 2008
Location: Connecticut USA
Posts: 65
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 Posted: Sat Aug 16th, 2008 04:49 am
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I could be wrong you will need to check the Department of Safety site, but if you purchase it and sell it to him, it would be considered a Straw Purchase which is a no no, and I think I remember reading in CT that he would still need an eligibilty certificate to have one at home and not carry, check further before you both end up in hot water.
He doesn't need a permit to have a pistol at his house.  He does need the eligibility certificate to purchase a pistol if he doesn't have a pistol permit.

Home and place of business (if you own the business) are two places you can carry a pistol without a permit.  But you can't go between them with the pistol due to the lack of a permit.  It's damned silly really.

LKB3rd
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Joined: Sat Nov 3rd, 2007
Location: Branford, Connecticut USA
Posts: 91
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 Posted: Wed Aug 20th, 2008 12:52 am
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The laws have changed, and there is no eligibility certificate any more. The carry permit is the only permit offered, and you need it to purchase any handgun, whether is is from an ffl, or from a private party. So much for the *right* to keep and bear arms, according to Connecticut law it is a privelege, which can be denied or revoked.
Long guns can be purchased without a permit of any kind, you just have to wait ten days and pass the NICS check, which they can do in around 15 minutes at the time of purchase.

buketdude
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Joined: Sat Sep 22nd, 2007
Location: Connecticut USA
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 Posted: Wed Aug 20th, 2008 01:54 am
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the waiting period is 14 days i believe

GoldCoaster
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Joined: Tue Jun 24th, 2008
Location: Connecticut USA
Posts: 65
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 Posted: Wed Aug 20th, 2008 03:22 am
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buketdude wrote: the waiting period is 14 days i believe

Yes which is waived if you have a pistol-revolver permit or a hunting license.


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