Judiciary Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6355
AN ACT CONCERNING RISK PROTECTION ORDERS OR WARRANTS AND
THE EFFECT OF THE ISSUANCE OF A PHYSICIAN'S EMERGENCY
Title: CERTIFICATE ON A PERSON'S ABILITY TO POSSESS FIREARMS.
Vote Date: 4/6/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/5/2021
File No.: 573
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
The Judiciary committee Sen. Saud Anwar, 3rd Dist.
Rep. Steven J. Stafstrom, 129th Dist., Rep. Stephanie Thomas, 143rd Dist.,
Rep. Matt Blumenthal, 147th Dist., Rep. Jennifer Leeper, 132nd Dist.
Rep. Maria P. Horn, 64th Dist., Rep. Lucy Dathan, 142nd Dist.,
Rep. Cristin McCarthy Vahey, 133rd Dist. Sen. Christine Cohen, 12th Dist.
Rep. Christine Palm, 36th Dist., Rep. Bobby G. Gibson, 15th Dist.,
Sen. James J. Maroney, 14th Dist. Rep. Stephen R Meskers, 150th Dist.
Sen. Will Haskell, 26th Dist., Rep. Edwin Vargas, 6th Dist.,
Rep. Christine Goupil, 35th Dist. Rep. Juan R. Candelaria, 95th Dist.
Rep. Jillian Gilchrest, 18th Dist., Rep. Anthony L. Nolan, 39th Dist.,
Rep. John K. Hampton, 16th Dist. Rep. Joshua M. Hall, 7th Dist.
Rep. Jason Doucette, 13th Dist., Rep. Caroline Simmons, 144th Dist.,
Rep. Josh Elliott, 88th Dist. Sen. Derek Slap, 5th Dist.
Rep. David Michel, 146th Dist., Rep. Matthew Ritter, 1st Dist.,
Rep. Kenneth M Gucker, 138th Dist. Sen. Alex Kasser, 36th Dist.
Rep. Raghib Allie-Brennan, 2nd Dist., Rep. Patricia A. Dillon, 92nd Dist.,
Rep. John-Michael Parker, 101st Dist. Rep. Anne M. Hughes, 135th Dist.
Rep. Jonathan Steinberg, 136th Dist., Rep. Mary Welander, 114th Dist.,
Rep. Bob Godfrey, 110th Dist. Sen. Bob Duff, 25th Dist.
Rep. Aimee Berger-Girvalo, 111th Dist.,
REASONS FOR BILL:
This bill would expand petition filing for extreme risk protection orders to medical
professionals, family members, and household members. As it stands, ERPO's may only be
filed by two law enforcement officials if no reasonable alternatives are presented. It would
further prevent individuals with an outstanding risk protection warrant from having possession
of or purchasing a firearm until said risk was mitigated and would penalize any such
possession.
PROPOSED SUBSTITUTE LANGUAGE:
The substitute language changes the procedure for obtaining a warrant when the applicant is
a civilian. After a family member, household member or medical professional obtains an
order, the local law enforcement agency is contacted and if they find probable cause they
then apply for the warrant. The substitute language also prohibits an individual subject to a
Physician Emergency Committal from possessing a firearm for six months, which is the same
standard as someone committed voluntarily.
RESPONSE FROM ADMINISTRATION/AGENCY:
State of Connecticut Division of Criminal Justice; recommends substitute language for this bill
that would separate the civilian petition process for extreme risk protection orders from the
law enforcement petition process. This is stated to protect civilians, who may be put in a
difficult situation when they present their findings without necessarily understanding the
process. It is stated that the Division wishes that subsection (d) of 29-38c be amended to
remove the indefinite period of seizure at the onset and places the onus on the person
named to petition for the return of their seized weapons and ammunition. It is also stated that
the Division wishes to include a provision in this bill that would prevent an individual who has
been issued an extreme risk protection order and has been determined to be reasonably able
to acquire firearms and ammunition from acquiring them until that risk has been abated.
State of Connecticut Judicial Branch; expresses concern with parts of the bill. There is
concern regarding Section 1, which is stated to prohibit law enforcement officials from making
a complaint unless they have determined that no reasonable alternatives exist to protect the
subject of the complaint and those around them, but that this restriction does not apply to
non-law enforcement officers who could make this complaint. It is also stated that this would
create resource issues and that pushing back the effective date would help to address this.
The last concern stated is regarding a family member or medical professional and how they
report a complaint, and it's questioned if they would be required to complete an investigation
as is currently required by the state. It is asked whether the burden of proof would remain on
the state even if the state did not file the complaint.
NATURE AND SOURCES OF SUPPORT:
Connecticut Coalition Against Domestic Violence, Director of Public Policy and
Communications, Liza Andrews; supports this bill and states that it would allow a family or
household member to go directly before a judge and recommend that an individual is a risk to
themselves or others and issue an extreme risk protection order. It's further testified that this
would be beneficial to victims of abuse who may not want to involve law enforcement in this
process for fear of the person they're reporting being arrested.
Madison, Connecticut Resident and Moms Demand Action Member, Andrea Aron; supports
this bill and states that this bill would allow a judge to issue an extreme risk protection order,
which currently only members of law enforcement are allowed to do. It is also stated that
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family members are the first to recognize dangerous warning signs of their distressed loved
ones and that this would help prevent these distressed individuals from committing firearm
suicide or homicide.
Sandy Hook Promise, Managing Director, Mark Barden; supports this bill and states that it
would allow family members to file petitions for orders to temporarily remove a firearm from
an individual who is exhibiting concerning behavior. It is also stated that this would enable
families to protect themselves and their loved ones from gun violence.
Bethel CT, Resident, Erin Bond; supports this bill and states her personal account of a
member of their family who was a victim of gun violence. A week prior to her niece being
killed, the niece called 911 and reported her attacker was not stable & had access to a gun.
If someone had taken the threat seriously, the gun could have been confiscated and her life
would have been saved.
CT Students for a Dream, Camila Bortoletto; supports this bill stating that expanding the
number of people who can submit a petition for extreme risk protection orders would open
access to groups who may not feel as comfortable reporting an incident to law enforcement.
The Coalition to Stop Gun Violence, Policy Staff Attorney Tim Carey and Lisa Geller State
Affairs Manager; support this bill and state that this bill would fill current gaps in extreme risk
protection law and would prevent gun violence before it occurs.
March for Our Lives CT State Board Members Taylor Sisson, Elizabeth Casolo, Sarah
Cohen, and Ryan Cudworth; support this bill stating that it would expand risk protection
orders and that this would save the lives of people at risk.
NARAL Pro-Choice Connecticut, State Director, Liz Gustafan MSW; supports this bill stating
that individuals who fear gun violence may not be able to effectively protect themselves under
the current statute regarding extreme risk protection orders. It's further stated that by
expanding this statute it will allow people to have more autonomy over their own protection.
Connecticut Protective Moms, Founder, Betsy Keller; supports this bill and states that it will
help to protect victims of domestic violence by allowing another means to file a petition for an
extreme risk protection order.
Everytown for Gun Safety, Fellow Member, Jennifer Lawlor; supports this bill and gives
account of a personal experience when her daughter was a victim of gun violence after
reporting troubling behavior of someone her daughter knew. It is also stated that if extreme
risk protection order law was expanded to include non-law enforcement officials in the petition
process that there would have been an extra mechanism to remove the firearm from the
perpetrator.
Newtown Action Alliance, Chairwoman, Po Murray; supports this bill stating that it would
create a last-resort mechanism from removing firearms or limiting access to firearms from at
risk individuals. It is also stated that enacting this with due process protections will give family
and household members as well as health care professionals the ability to proactively save
the lives of those at risk of harm.
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CT Against Gun Violence, Director of Communications, Jonathan Perloe, Community
Outreach Coordinator, Janet Rice, Executive Director, Jeremy Stein, and Director of
Outreach Terra Volpe support this bill and states that it would expand extreme risk protection
order petitioning to family members and medical professionals. It is stated that family
members can detect troubling behavior that law enforcement may not be able to, which will
allow reports to be filed long after the acquisition of a firearm. It is also stated that a judge
would still need to find probable cause to enact an ERPO and that due process remains in
the case of a false report.
Guilford CT, Resident, Carol Rizzolo supports this bill and states a personal account of an
interaction where a gun was an intimidating factor in a sexual assault that the testifier was
victim to. It is also stated that the expansion of reporting for extreme risk protection orders
may have led to the perpetrator being reported and them losing the firearm that served as an
intimidating factor during this assault.
Sandy Hook CT, Resident, Alex Villamil; supports this bill and gives personal account of
when gun violence affected their life. It is stated that expanded ERPO laws may have
prevented the incident if a family member had a mechanism to report the perpetrator.
Moms Demand Action for Gun Sense in America, Survivor Lead, Michele Voigt; supports this
bill and gives a personal account of when gun violence affected their life. It is stated that if a
family member had been able to report the incident testified on that it may have saved the life
of the subject of the story.
Deep River CT, Nurse and Clinical Social Worker, Claire M. Walsh; supports this bill and
states that in their experience someone that suffers from depression is more likely to take
their own life if they have access to firearms. It is stated that allowing family members and
medical professionals to petition the court for an ERPO is important for protecting those at
risk.
National Association of Social Workers CT, Intern and MSW Student, Christina Cowan;
supports this bill and cites a study that shows that for every 10 to 20 firearm seizures in
relation to ERPO's that one suicide is prevented. It is stated that including people who directly
see an individual's mental health as those who can report an imminent risk is important in
order to continue to prevent gun deaths.
The following members of the public stated support for this bill:
Stamford CT, Resident, David P. Atkins Westport CT, Resident, Aileen Brill
Westport CT, Resident, Elana Atlas Greenwich CT, Resident, Gil Caffray
New Milford CT, Resident, Joe Baker Greenwich CT, Resident, Patricia Caffray
Greenwich CT, Resident and Moms Stratford CT, Resident, Dr. Immacula Cann
Demand Action Volunteer, Jennifer Barro Orange CT, Resident, Edward H. Cantor
MD Guilford CT, Resident, Dawn F. Carafeno
Greenwich CT, Resident, Emily Bierman Chester CT, Resident, Linda A. Carlson
New Haven CT, Resident, Lizzie Bjork Danbury CT, Resident, Michael A. Cech
Stamford CT, Resident, Terry Blank Niantic CT, Resident, Anne Chekal
Southbury CT, Resident, Richard Boritz Danbury CT, Resident, Kate Conetta
Riverside CT, Resident, Jane Brash Woodbridge CT, Resident, Sally Connolly
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Greenwich CT, Resident, John Cooper Mansfield CT, Resident, Kim B. Kaminsky
Ridgefield CT, Resident, Amanda Cordano Stamford CT, Resident, Roslyn Kaplan
Redding CT, Resident, Emma Cornell Norwalk CT, Resident, Joanne Kirson
Hamden CT, Resident, Alison Cunningham Wallingford CT, Resident, Adelheid
Chester CT, Resident, Marta Daniels Koepfer
Sandy Hook CT, Resident, Elizabeth Cheshire CT, Resident, Carmel Kosztolitz
Davies Manchester CT, Resident, Marcie LaBelle
Salisbury CT, Resident, Sophia deBoer Southbury CT, Resident, Emily Lind
North Stonington CT, Resident, Barbara Newtown CT, Resident, Elizabeth Litt
Anne Deindorfer MD Madison CT, Resident, Maureen Lopes
Farmington CT, Resident, Dean J. Delach Sandy Hook CT, Resident, Low Levitt
Bethel CT, Resident, Sharon Delaney Brookfield CT, Resident, Joni Lowe
Southbury CT, Resident, Mary Doherty Portland CT, Resident, Susan Macary
Litchfield CT, Resident, Michael Eanes Westport CT, Resident and Member of
Ridgefield CT, Resident, Terri Eberle Katz Students Demand Action, Akira Maidique
Stamford CT, Resident, Karen Edward MD, Westport CT, Resident, and Member of
MPH Students Demand Action, Mark Maidique
Trumbull CT, Resident, Janet Epstein Westport CT, Resident, and Member of
East Lyme CT, Resident, Rachel Everley Students Demand Action, Natalia Maidique
West Hartford CT, Resident, Patrick Farley Danbury CT, Resident, Sally A. Mandler
Madison CT, Resident, Ruth M. Feldman West Hartford CT, Resident, Kate Martin
New London CT, Resident, Karen Fischer Glastonbury CT, Resident, William Marut
Riverside CT, Resident, Amy Ford Essex CT, Resident, Claire Matthews
Keohane Sharon CT, Resident, Carolyn Mattoon
Southbury CT, Resident, Mark Franklin West Hartford CT, Resident, Stacey Mayer
Stamford CT, Resident, Maia Freedman Salisbury CT, Resident, Judith W.
Guilford CT, Resident, Lisa Freund McKernon
Westport CT, Resident, Mark Friedman CT Resident, Nan Meneely
Old Lyme CT, Resident, Candace Fuchs Lakeville CT, Resident, Margaret Monaco
Ansonia CT, Resident, Charlie Galliher Westport CT, Resident and Member of
Westbrook CT, Resident, Kate Gilstad- Students Demand Action, Tessa Moore
Hayden Putnam CT, Resident, Michael Morrill
Madison CT, Resident, Susan Glantz Niantic CT, Resident, Linda W. Murphy
Hamden CT, Resident, Leah Glaser Salisbury CT, Resident, Rev. Dr. John A.
Southbury CT, Resident, Regina Griffin Nelson
Windsor CT, Resident, Donna Grossman Mystic CT, Resident, Gayle Oko
Simsbury CT, Resident, Margaret Fairfield CT, Resident, Kim Oliver
Haldeman New Fairfield CT, Resident, Danette
Danbury CT, Resident, Christine Halfar Onofrio
West Hartford CT, Resident, John Harmon Brookfield CT, Resident, Laura Orban
CT Resident, Leanne Harpin New Milford CT, Resident, Nicholas Payne
Westbrook CT, Resident, Zachary Hayden Orange CT, Resident, Beverly Propen
Greenwich CT, Resident, Nicole P. Heath West Hartford CT, Resident, Sarah A.
Wallingford CT, Resident, Mary Heffernon Raskin PhD, ABPP/ABCN
Lyme CT, Resident, Wendolyn Hill Sandy Hook CT, Resident, Adam Reagan
Old Lyme CT, Resident, Beth A. Hogan JD Sandy Hook CT, Resident, Barbara
Harwinton CT, Resident, Paul Honig Richardson
Salem CT, Resident, Leslie Hotary North Stonington CT, Resident, Kate
CT Resident, Linda Hudson Roschmann
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Stamford CT, Resident, Ann Rosenbaum Granby CT, Resident, Ellen A. Thomson
Deep River CT, Resident, Albert J. Bloomfield CT, Resident, Joan E. Twiggs
Saubermann MD Madison CT, Resident, Joan Walker
New Haven CT, Resident, and Student, West Hartford CT, Resident, Catherine
Christopher Schenck Weaver
Hamden CT, Resident, Angelika P. West Hartford CT, Resident, Gregory
Schriever Weaver
Orange CT, Resident, Rise Siegel West Hartford CT, Resident, James
New Milford CT, Resident, Irene Skrybailo Weaver
Ridgefield CT, Resident, Ben Soreff Guilford CT, Resident, Dinah Wells
East Lyme CT, Resident, Christine Stahl Southbury CT, Resident, Barbara Wheeler
Guilford CT, Resident, Judith Stelboum Hartford CT, Resident, Haley Zawilinski
Westport CT, Resident, Carter Teplica
NATURE AND SOURCES OF OPPOSITION:
Connecticut Citizens Defense League, Legislative Coordinator, Ray Bevis, and Executive
Member, Scott Wilson; oppose this bill and state the current extreme risk protection order law
is enough and that this bill may have the unintended consequence of increasing firearm
related suicides. It is also stated that adding medical professionals to the list of petitioners
who can directly request an ERPO may deter individuals from seeking treatment.
Friends of Connecticut Sportsmen, President, Keith Cagle; opposes this bill stating that the
expansion of extreme risk protection orders may violate due process and that the current
legislation and threshold for moving forward with a petiti