MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary A

By: Representative Currie

House Bill 856

AN ACT TO PROVIDE THAT ANY PERSON OR ENTITY THAT EXERCISES CONTROL OVER PROPERTY AND POSTS A WRITTEN NOTICE THAT PROHIBITS POSSESSION OF A GUN, STUN GUN, PISTOL, REVOLVER OR OTHER FIREARM ON THE PROPERTY SHALL BE CIVILLY LIABLE TO A PERSON WHO IS AUTHORIZED BY LAW TO POSSESS A GUN, STUN GUN, PISTOL, REVOLVER OR OTHER FIREARM FOR ANY ACTS OCCURRING ON THE PROPERTY THAT CAUSE INJURY, DEATH, PROPERTY DAMAGE OR OTHER COMPENSABLE LOSS UNDER CERTAIN CONDITIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  Any person or entity that exercises control over property and posts a written notice that prohibits possession of a gun, stun gun, pistol, revolver or other firearm on the property shall be civilly liable to a person who is authorized by law to possess a gun, stun gun, pistol, revolver or other firearm for any acts occurring on the property that cause injury, death, property damage or other compensable loss if:  (a) the person suffers the injury, death, property damage or other compensable loss while on the property; (b) the person owns a gun, stun gun, pistol, revolver or other firearm at the time of such act; (c) the person did not possess the gun, stun gun, pistol, revolver or other firearm at the time of such act and while on the property because of the written notice prohibiting such possession; (d) the injury, death, property damage or other compensable loss would not have occurred if the person would have been authorized to possess the gun, stun gun, pistol or other firearm at the time of such act; and (e) the person or entity that exercises control over the property was not required by state or federal law to post such written notice. 

     (2)  In addition to any other damages authorized by law, any person who suffers a loss as described in subsection (1) of this section shall be entitled to reasonable attorney's fees, expert witness costs, and other costs necessary to bring the cause of action.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.