MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary, Division A

By: Senator(s) Barnett

Senate Bill 2018

AN ACT TO PROHIBIT REALISTIC TOY GUNS AND IMITATION FIREARMS THAT COULD BE MISTAKEN FOR ACTUAL FIREARMS; TO CREATE EXCEPTIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  For the purposes of this section, "device" is defined as a toy, look-alike, or imitation firearm having the appearance, shape or configuration of a firearm.  It does not include:

          (a)  A nonfiring collector replica antique firearm, which looks authentic and may be a scale model but is not intended as a toy;

          (b)  Any traditional B-B, paint-ball or pellet-firing airgun that expels a projectile through the force of compressed air, compressed gas or mechanical spring action, or any combination;

          (c)  Any decorative, ornamental or miniature object having the appearance, shape or configuration of a firearm, including one intended to be displayed on a desk or worn on a bracelet, necklace or keychain or that is merely decorative, if the object measures no more than thirty-eight (38) millimeters in height by seventy (70) millimeters in length.

     (2)  Except as provided in subsection (3) of this section, no person shall manufacture, enter into commerce, ship, transport, or receive any device defined in this section unless the device contains, or has affixed to it, one (1) of the following markings: 

          (a)  A blaze orange solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than six (6) millimeters from the muzzle end of the barrel.

          (b)  A blaze orange marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least six (6) millimeters.

          (c)  Construction of the device entirely of transparent or translucent materials which permits unmistakable observation of the device's complete contents.

          (d)  Coloration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern.

     (3)  The prohibitions set forth in this section do not apply to any toy, look-alike or imitation firearm that is used only in the theatrical, movie or television industry or by the drama department of a school.

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