2005 Connecticut Code - 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.
(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.)
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