2016 Regular Session
To: Judiciary B
By: Representatives Formby, Gipson, Morgan, Patterson, Mettetal, Beckett, Rogers (61st), Tullos, Oliver, Baker, Kinkade, Hale, Rushing, Chism, Byrd, Criswell, Currie, Boyd, Bomgar, Weathersby, Shirley, Barnett, Moore, Crawford, Horne, Staples, Foster, Mims, Ladner, Brown, Carpenter
AN ACT TO PROHIBIT ENFORCEMENT OF CERTAIN LAWS REGARDING FIREARMS, ACCESSORIES OR AMMUNITION; TO PROVIDE PENALTIES FOR STATE OFFICIALS, AGENTS OR EMPLOYEES WHO VIOLATE THIS ACT; TO PROVIDE THAT THIS ACT DOES NOT APPLY TO THE ENFORCEMENT OF FEDERAL LAW FOR THE SOLE PURPOSE OF TRANSFERRING FIREARMS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Other than compliance with an order of the court, any official, agent or employee of the State of Mississippi or political subdivision or agency thereof, who knowingly and willfully orders an official, agent or employee of this state, or political subdivision of this state, to enforce any executive order, agency order, law not enrolled by the United States Congress and signed by the President of the United States, rule, regulation or administrative interpretation of a law or statute as provided in subsection (2) of this section upon a personal firearm, a firearm accessory or ammunition shall:
(a) On a first violation, be liable for a civil penalty not to exceed One Thousand Dollars ($1,000.00), which shall be deposited into the State General Fund; and
(b) On a second violation be guilty of a misdemeanor and, upon conviction shall be fined not more than Five Thousand Dollars ($5,000.00), or imprisoned for six (6) months, or both.
Nothing in this section shall be construed to affect the law of search and seizure as set forth in Section 23, Article 3, Mississippi Constitution of 1890, or as set forth in the Fourth, Fifth and Fourteenth Amendments to the United States Constitution. Notwithstanding anything else in this section, no private cause of action exists under this section.
(2) No federal executive order, agency order, law not enrolled by the United States Congress and signed by the President of the United States, rule, regulation or administrative interpretation of a law or statute issued, enacted or promulgated after July 1, 2016, shall be knowingly and willfully ordered to be enforced by any official, agent or employee of this state or a political subdivision of this state if such action would be contrary to Section 12, Article 3, Mississippi Constitution of 1890.
(3) "Enforcement" does not include the performance of any act solely for the purpose of facilitating the transfer of firearms under federal law. Any order of enforcement not excluded by the provisions of this subsection that occurs on and after the effective date of this act shall be and is a breach of the oath of office of the official, agent or employee of this state or a political subdivision of this state.
(4) Nothing in this act shall be construed as nullifying or overturning federal law or physically interfering with the federal enforcement of federal law.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.