House Bill 573

AN ACT TO REQUIRE A PURCHASING PERMIT AND A MENTAL EVALUATION TO PURCHASE AUTOMATIC WEAPONS; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) No person shall be allowed to purchase an automatic weapon until such person complies with the following requirements:

(a) The person must receive a purchasing permit from the Department of Public Safety authorizing such purchase which shall not be issued less than thirty (30) days after the application for the permit. During this waiting period the Department of Public Safety shall conduct a background check of the applicant to determine if the applicant is legally entitled to purchase an automatic weapon. The permit shall be presented to the seller of the automatic weapon.

(b) The applicant shall have a mental evaluation performed by a licensed psychologist or physician and provide proof that the applicant does not suffer from any mental disorder to the seller of the automatic weapon.

(2) (a) Any person who provides false proof of a mental evaluation or a false purchasing permit shall be guilty of a felony and, upon conviction, shall be imprisoned in the custody of the Department of Corrections for not more three (3) years or fined not more than Fifty Thousand Dollars ($50,000.00), or both.

(b) Any seller who sells an automatic weapon without receiving a purchasing permit and proof of a mental evaluation shall be guilty of a felony and, upon conviction, shall be imprisoned in the custody of the Department of Corrections for not more three (3) years or fined not more than Fifty Thousand Dollars ($50,000.00), or both.

(3) A seller of automatic weapons shall submit the name and address of any person that purchases or otherwise receives an automatic weapon to the law enforcement agency of the jurisdiction where the transaction took place. Failure to submit this information shall be a felony and any person violating this subsection shall be guilty of a felony and, upon conviction, shall be imprisoned in the custody of the Department of Corrections for not more three (3) years or fined not more than Fifty Thousand Dollars ($50,000.00), or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.