SubTitle53-202d-1_53-202d-5. Applications for and Issuance of Certificates of Possession for Assault Weapons  


Sec. 53-202d-1. Application procedure
Latest version.

The procedure for applying for a certificate of possession shall be as follows:

(a) The owner of the assault weapon shall contact the Department of Public Safety, Division of State Police Weapons Unit, to obtain the application for a certificate of possession.

(b) Upon receipt of the request for an application for a certificate of possession, the Division of State Police shall provide the applicant with the authorized Department of Public Safety Division of State Police application form.

(c) The application for a certificate of possession shall be made in writing, under oath, and shall be completed in its entirety and in accordance with the directions on the form.

(d) Each application form shall contain the right thumbprint of the applicant which shall be taken by personnel at a municipal police department, a state police troop, or any resident state trooper's office.

(e) The following shall be submitted with each application form:

(1) a complete set of fingerprints on forms specified and furnished by the Commissioner of the Department of Public Safety, which fingerprints shall be taken by personnel at a municipal police department, a state police troop, or any resident state trooper's office;

(2) a color passport-type photograph, two inches wide by two inches high, showing a view of the head and shoulders of the applicant with a plain, light background, taken within six months prior to the date of the application; and

(3) proof of ownership in the form of a copy of a bill of sale, a copy of form SP-3 Sale or Transfer of all Firearms, or an affidavit stating that the assault weapon was purchased prior to October 1, 1993, or if applicable, an affidavit stating that the gun was obtained by bequest or intestate succession.

(f) Any individual who obtained title to an assault weapon by bequest or intestate succession shall surrender the original certificate of possession for the assault weapon or give an affidavit explaining the absence of such certificate, prior to issuance of any new certificate.

(g) Upon completion of the application, the applicant shall send or deliver it with the information required by subsection (e) of this section to the Department of Public Safety, Division of State Police, Weapons Unit.

(Effective July 21, 1994)

Sec. 53-202d-2. Application review
Latest version.

Upon receipt of an application, the Department of Public Safety, Division of State Police, Weapons Unit shall:

(a) Review the application for completeness;

(b) Complete a criminal history check on the applicant; and

(c)

(1) Send a written notice to any applicant whose application is not properly completed or where possession of the weapon would be unlawful. The notice shall advise the applicant of the requirements necessary for compliance or that the application is denied, or

(2) issue a certificate pursuant to section 53-202d-3.

(Effective July 21, 1994)

Sec. 53-202d-3. Issuance of certificates of possession
Latest version.

Upon determining that an application is properly completed and that possession is lawful, the Department of Public Safety shall issue a certificate of possession to the applicant. All certificates issued shall have a validation stamp prescribed by the Commissioner of the Department of Public Safety.

(Effective July 21, 1994)

Sec. 53-202d-4. Change of address
Latest version.

Each person in possession of a certificate of possession who changes his or her residence shall notify the Department of Public Safety, Division of State Police Weapons Unit in writing of the new address within thirty (30) days of said change.

(Effective July 21, 1994)

Sec. 53-202d-5. Prohibition against transfer of certificate of possession
Latest version.

No certificate issued in accordance with sections 53-202d-1 to 53-202d-5, inclusive, of these regulations shall be transferable.

(Effective July 21, 1994)