2001 Regular Session
To: Judiciary B
By: Representative Fleming
House Bill 314
AN ACT TO REQUIRE TRIGGER LOCKS AND BALLISTIC FINGERPRINTS FOR ALL FIREARMS; TO REQUIRE TAMPER-PROOF SERIAL NUMBERS; TO PROVIDE IMMUNITY FOR MANUFACTURERS WHO COMPLY WITH THIS ACT; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO REQUIRE PERMITS AND RECORD KEEPING; TO AMEND SECTION 97-37-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) All firearms sold in the state or sold to residents of this state shall be equipped with trigger locks or other mechanisms that restricts the unauthorized use of such firearms. The Attorney General shall notify all firearms dealers periodically of any trigger locks or other mechanisms that have been tested and reported as faulty.
(2) On January 1, 2004, and thereafter all guns sold in the state shall have built-in trigger locking devices and tamper-proof serial numbers.
(3) All firearms sold in the state shall have ballistic fingerprints on file with the Department of Public Safety.
(4) Any firearms manufacturer who complies with the provisions of this act voluntarily shall be immune from any civil action from any political subdivision on or after January 1, 2004.
(5) Any firearms dealer who violates this section shall have his dealership and business privilege license revoked for two (2) years and shall be fined Five Thousand Dollars ($5,000.00).
(6) Any firearms dealer or person who sells or possesses a firearm with tampered or altered serial numbers shall be guilty of a felony and upon conviction shall be imprisoned for not more than three (3) years.
(7) If any person who possesses a firearm without a trigger lock or other locking mechanism which has been reported stolen that is used in the commission of a crime, the owner of such firearm shall be guilty of a misdemeanor and upon conviction shall be fined no more than Five Hundred Dollars ($500.00). If such firearm has not been reported stolen, the owner of such firearm shall be guilty of gun safety indifference, a felony, and upon conviction shall be imprisoned for not more than three (3) years.
(8) On and after July 1, 2003, all firearm owners are required to have a permit and proof that all firearms possessed are in compliance with this section. All firearms shall be registered with the Department of Public Safety by July 1, 2003. The department is authorized to assess reasonable fees for such permit and registration.
SECTION 2. Section 97-37-11, Mississippi Code of 1972, is amended as follows:
97-37-11. Every merchant or dealer or pawnbroker that sells bowie-knives, dirk-knives, pistols, brass or metallic knuckles or slungshots, or pistol or rifle cartridges, shall keep a record of all sales of such weapons and cartridges sold, showing the description of the weapons and kind and caliber of cartridges so sold, the name of the purchaser, and the description of weapons and the quantity of cartridges and date of sale. Every such merchant, dealer or pawnbroker shall comply with the provisions of Section 1 of this act and shall keep records of such compliance. These records shall be opened to public inspection at any time to persons desiring to see it. The dealer who violates this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than * * * Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00).
SECTION 3. This act shall take effect and be in force from and after January 1, 2002.