MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Green (72nd)

AN ACT TO AMEND SECTION 97-37-13, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE OF DEADLY WEAPONS BY MAIL TO PERSONS UNDER TWENTY-ONE; TO PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-37-13, Mississippi Code of 1972, is amended as follows:

97-37-13. (1) It shall not be lawful for any person to sell, give or lend to any person under twenty-one (21) years of age or person intoxicated, knowing him to be a person under twenty-one (21) years of age or in a state of intoxication, any deadly weapon, or other weapon the carrying of which concealed is prohibited, or pistol cartridge; and, on conviction thereof, he shall be punished by a fine not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not exceeding one (1) year, or both.

(2) It shall not be lawful for any person, firm, corporation, partnership or other business entity to sell through the United States mail any deadly weapon, or other weapon the carrying of which concealed is prohibited or pistol cartridge, to any person under the age of twenty-one (21) years or to any person who supplies only a post office box number as an address. Any person, firm, corporation, partnership or other business entity who sells such weapons through the United States Mail shall verify that the purchaser is twenty-one (21) years of age or older and shall only mail such weapons to a verifiable street address of the purchaser. A violation of this subsection by any person, firm, corporation, partnership or other business entity shall be a felony and upon conviction the offender which shall include any owners or officers of a firm, corporation, partnership or other business entity, shall be fined Five Thousand Dollars ($5,000.00) and imprisoned for not less than one (1) year nor more that five (5) years. Any adult who shall assist a person under the age of twenty-one (21) years in the circumvention of the provisions of this subsection by assisting such person under the age of twenty-one (21) years to obtain a weapon or by allowing such person under the age of twenty-one (21) years to use his name, identification or address to obtain a deadly weapon in violation of this subsection shall be guilty of a felony and upon conviction shall be fined Five Thousand Dollars ($5,000.00) and imprisoned for not less than one (1) year nor more than five (5) years.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.