Not a Connecticut attorney - but to keep a good discussion moving - let me share some quick observations.
It appears that much of the rub (there are other problems with this bill) requires a definition of what exactly involves the discharge of “official duties.”
Although I am not a peace officer nor have I ever represented one, I suspect that there are many instances which could arise where an off-duty peace officer may or may not be in the discharge of his or her official duties when he or she possesses a firearm with a magazine exceeding 10 rounds. These possibilities, when combined with the language of this proposed bill places the peace officer in a very difficult position - it is not inconceivable to have a situation when a peace officer is validly protecting his or her life - but not acting in discharge of his or her official duty…and the magazine in their possession exceeds 10 rounds. Query, if they merely possess such magazines when facing and nullifying such a threat (with or without discharging the weapon) have they just committed a felony?
Should the legal result really be any different for an ordinary citizen? Why?
There are already many, many, many laws on the books in Connecticut - if a bad guy is willing to commit a gun crime will they really care about using a bad magazine?
Crimes against security of a person:
http://www.jud.ct.gov/JI/criminal/part6/
Crimes against life:
http://www.jud.ct.gov/JI/criminal/part5/
Crimes against public health, safety and welfare:
http://www.jud.ct.gov/JI/criminal/part8/
Vicarious liability and inchoate crimes:
http://www.jud.ct.gov/JI/criminal/part3/
IMO, the current bill has problems and invites potential litigation. As written, this proposal creates more questions than it answers.
General rule (persons possessing a magazine with a capacity > 10 rounds is guilty of a felony):
8 (b)
Any person who possesses a large capacity magazine shall be
9
guilty of a class D felony.
Pertinent list of exceptions to general rule (certain peace officers and military are exempt from the felony if they use the magazine in discharge of their official duties):
The provisions of subsection (b) of this section shall not apply to
18 the possession of a large capacity magazine by:
19 (1) Members or employees of organized local police departments,
20 the Department of Public Safety, the Department of Correction or the
21 military or naval forces of this state or of the United States for use in
22 the discharge of their official duties
I certainly don’t claim to understand organized local police departments and thus there are probably common sense answers to my simple questions - but:
Can you ever discharge an official duty when you are off-duty?
Should the drafters/sponsors of this bill be concerned with various local department policies about carrying weapons off-duty?
What if you act off-duty within your own state (CT here) but outside of your local jurisdiction? Does this matter?
What’s the difference between a member and an employee of an organized local police department? Different duties?
What is the definition of military if it does not include naval forces?
What is the definition of the military or navy of the state of Connecticut?
There are problems with this proposed bill.
FWIW, members of the judiciary committee are listed below at this link:
http://www.cga.ct.gov/asp/menu/Membe...?comm_code=JUD