MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representative Bomgar
AN ACT TO REQUIRE A CHIEF LAW ENFORCEMENT OFFICER TO CERTIFY AN APPLICATION TO MAKE OR TRANSFER A FIREARM IF SUCH CERTIFICATION IS NECESSARY UNDER FEDERAL LAW UNLESS THE APPLICANT IS PROHIBITED FROM RECEIVING THE FIREARM; TO CREATE A PROCEDURE FOR APPEALS OF DENIALS OF CERTIFICATION BY A CHIEF LAW ENFORCEMENT OFFICER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) When certification by a chief law enforcement officer is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer shall, within fifteen (15) days of receipt of a request for certification, provide such certification if the applicant is not prohibited by law from receiving the firearm or if the applicant is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving the firearm. If the applicant is prohibited by law from receiving the firearm or if the applicant is the subject of a proceeding that could result in such prohibition, the chief law enforcement officer shall provide written notification to the applicant that certification has been denied and state the reasons for such findings.
(2) An applicant whose request for certification is denied may appeal the decision of the chief law enforcement officer to the circuit court that is located in the county in which the applicant resides. The court shall review the decision of the chief law enforcement officer to deny the certification de novo. If the court finds that the applicant is not prohibited by law from receiving the firearm or the applicant is not the subject of a proceeding that could result in such prohibition, the court shall order the chief law enforcement officer to issue the certification and shall award court costs and reasonable attorney's fees to the applicant.
(3) For the purposes of this section the following terms shall have the meanings, unless the context clearly indicates otherwise:
(a) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law or regulation for the approval of an application to transfer or make a firearm.
(b) "Chief law enforcement officer" means any official that the Bureau of Alcohol, Tobacco, Firearms and Explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for an application to transfer or make a firearm.
(c) "Firearm" has the same meaning as provided for in the National Firearms Act, 26 USCS 5845(a).
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.