MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representative Gipson
AN ACT TO REQUIRE A CHIEF LAW ENFORCEMENT OFFICER TO CERTIFY AN APPLICATION TO MAKE OR TRANSFER A FIREARM WHEN SUCH APPLICATION IS NECESSARY UNDER FEDERAL LAW IF THE APPLICANT IS NOT PROHIBITED FROM RECEIVING THE FIREARM; TO PROVIDE A PROCEDURE FOR APPEALS FROM DENIAL OF CERTIFICATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) When a chief law enforcement officer's certification 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 or possessing the firearm or is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing the firearm. If the chief law enforcement officer is unable to make a certification as required by this section, he shall provide the applicant a written notification of the denial and the reason for this determination.
(2) Chief law enforcement officers and their employees who act in good faith shall be immune from liability arising from any act or omission in making a certification as required by this section.
(3) An applicant whose request for certification is denied may appeal the denial to the circuit court that is located in the city or county in which the applicant resides or maintains his or her address of record. The court shall review the chief law enforcement officer's decision to deny the certification de novo. If the court finds that the applicant is not prohibited by law from receiving or possessing the firearm, is not the subject of a proceeding that could result in such prohibition, or that no substantial evidence supports the chief law enforcement officer's determination that he cannot truthfully make the certification, the court shall order the chief law enforcement officer to issue the certification and award court costs and reasonable attorney's fees to the applicant.
(4) For purposes of this section, the following words shall have the following meanings, unless the context otherwise requires:
(a) "Chief law enforcement officer" means any official, or the designee of such official, 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 the making or transfer of a firearm.
(b) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm. A chief law enforcement officer is not required to make any certification under this section he knows to be untrue, but he may not refuse to provide certification based on a generalized objection to private persons or entities making, possessing, or receiving firearms or any certain type of firearm the possession of which is not prohibited by law.
(c) "Firearm" has the same meaning as provided in the National Firearms Act, 26 USCS Section 5845(a).
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.