Senate Bill 2234

AN ACT TO CREATE THE "MISSISSIPPI FEDERAL FIREARM, MAGAZINE AND REGISTER BAN ENFORCEMENT ACT"; TO ENACT DEFINITIONS; TO PROVIDE CERTAIN ACTS REGARDING FIREARMS BY PUBLIC EMPLOYEES AND OFFICERS OF GOVERNMENTAL ENTITIES ARE PROHIBITED; TO PROVIDE PENALTIES; TO ESTABLISH THAT CERTAIN LAWS ARE UNENFORCEABLE BY STATE AND LOCAL GOVERNMENT OFFICIALS, AGENTS OR EMPLOYEES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Legislative intent. It is the intent of the Legislature in enacting this act to protect Mississippi law enforcement officers from being directed, through federal executive orders, agency orders, statutes, laws, rules, or regulations enacted or promulgated on or after the effective date of this act, to violate their oath of office and Mississippi citizens' rights under the Constitution of the United States and the Mississippi Constitution of 1890. This act provides that no Mississippi law enforcement official shall knowingly and willingly order an action that is contrary to the provisions of Section 12, Article 3, Mississippi Constitution of 1830, or that is contrary to the provisions of the Second Amendment to the Constitution of the United States. The Legislature does not intend to affect a Mississippi law enforcement officer who assists federal agents on drug or gang enforcement activities. The Legislature intends to create a penalty for an official, agent or employee of the State of Mississippi or a political subdivision thereof who orders an unlawful confiscation but without penalizing officers who follow orders. Mississippi law enforcement officers are partners with Mississippi citizens in protecting the rights as outlined in both the United States Constitution and the Mississippi Constitution of 1890.

(2) (a) Prohibition. An official, agent or employee of the state or a political subdivision of the state shall not knowingly and willfully order enforcement of a federal executive order, agency order, law, statute, rule or regulation that is issued, enacted or promulgated on or after the effective date of this act as to a personal firearm, a firearm accessory or ammunition if the federal executive order, agency order, law, statute, rule or regulation is contrary to the provisions of Article 3, Section 12, of the Mississippi Constitution of 1890 or the Second Amendment of the Constitution of the United States.

(b) Exception. This section does not apply to compliance with an order of a court.

(c) Penalty. For a first violation, an offender is liable for a civil penalty not to exceed One Thousand Dollars ($1,000.00) which shall be paid into the general fund of the state. For a second or subsequent violation, the person is guilty of a misdemeanor punishable as provided in Section 99-19-31.

(d) Failure to perform duty. If a public officer or person commits a violation of Section 97-11-37, the public officer or person shall be punished as provided in that section.

(e) Constitutional provisions to control. Nothing in this section shall be construed to affect the law of search and seizure as set forth in Article 3, Section 23 of the Mississippi Constitution of 1890 or as set forth in the Fourth, Fifth and Fourteenth Amendments to the Constitution of the United States.

(f) No civil cause of action. Notwithstanding anything to the contrary contained elsewhere in this act, no private cause of action exists under this section.

(3) Statutory construction. "Enforcement" shall not be construed to 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 the state or a political subdivision of the state.

SECTION 2. This act shall take effect and be in force from and after its passage.