MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary B
By: Representatives Criswell, Barnett, Carpenter, Eubanks, Foster, Hopkins, Steverson, Henley
AN ACT TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, TO CLARIFY THE FIREARMS LICENSING PROCEDURE BY REMOVING THE TERM "STUN GUN" FROM THE CONCEALED CARRY FIREARMS CATEGORY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-9-101, Mississippi Code of 1972, is amended as follows:
45-9-101. (1) (a) Except
as otherwise provided, the Department of Public Safety is authorized to issue
licenses to carry * * * concealed pistols or revolvers to persons qualified as
provided in this section. Such licenses shall be valid throughout the state
for a period of five (5) years from the date of issuance. Any person
possessing a valid license issued pursuant to this section may carry a * * * concealed pistol or concealed
revolver.
(b) The licensee must
carry the license, together with valid identification, at all times in which
the licensee is carrying a * * * concealed pistol or revolver and must
display both the license and proper identification upon demand by a law
enforcement officer. A violation of the provisions of this paragraph (b) shall
constitute a noncriminal violation with a penalty of Twenty-five Dollars
($25.00) and shall be enforceable by summons.
(2) The Department of Public Safety shall issue a license if the applicant:
(a) Is a resident of the state. However, this residency requirement may be waived if the applicant possesses a valid permit from another state, is active military personnel stationed in Mississippi, or is a retired law enforcement officer establishing residency in the state;
(b) (i) Is twenty-one (21) years of age or older; or
(ii) Is at least eighteen (18) years of age but not yet twenty-one (21) years of age and the applicant:
1. Is a member or veteran of the United States Armed Forces, including National Guard or Reserve; and
2. Holds a valid Mississippi driver's license or identification card issued by the Department of Public Safety;
(c) Does not suffer
from a physical infirmity which prevents the safe handling of a * * * pistol or revolver;
(d) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for same;
(e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;
(f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;
(g) Desires a legal
means to carry a * * * concealed pistol or revolver to defend himself;
(h) Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;
(i) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;
(j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled;
(k) Is not a fugitive from justice; and
(l) Is not disqualified to possess a weapon based on federal law.
(3) The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred prior to the date on which the application is submitted, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three (3) years. The department shall, upon notification by a law enforcement agency or a court and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime which would disqualify such person from having a license under this section, until final disposition of the case. The provisions of subsection (7) of this section shall apply to any suspension or revocation of a license pursuant to the provisions of this section.
(4) The application shall be completed, under oath, on a form promulgated by the Department of Public Safety and shall include only:
(a) The name, address, place and date of birth, race, sex and occupation of the applicant;
(b) The driver's license number or social security number of applicant;
(c) Any previous address of the applicant for the two (2) years preceding the date of the application;
(d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;
(e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;
(f) A conspicuous warning that the application is executed under oath and that a knowingly false answer to any question, or the knowing submission of any false document by the applicant, subjects the applicant to criminal prosecution; and
(g) A statement that
the applicant desires a legal means to carry a * * * concealed pistol or revolver to
defend himself.
(5) The applicant shall submit only the following to the Department of Public Safety:
(a) A completed application as described in subsection (4) of this section;
(b) A full-face photograph of the applicant taken within the preceding thirty (30) days in which the head, including hair, in a size as determined by the Department of Public Safety, except that an applicant who is younger than twenty-one (21) years of age must submit a photograph in profile of the applicant;
(c) A nonrefundable license fee of Eighty Dollars ($80.00). Costs for processing the set of fingerprints as required in paragraph (d) of this subsection shall be borne by the applicant. Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States shall be exempt from the payment of the license fee;
(d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and
(e) A waiver authorizing the Department of Public Safety access to any records concerning commitments of the applicant to any of the treatment facilities or institutions referred to in subsection (2) and permitting access to all the applicant's criminal records.
(6) (a) The Department of Public Safety, upon receipt of the items listed in subsection (5) of this section, shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing.
(b) The Department of Public Safety shall forward a copy of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may, at his discretion, participate in the process by submitting a voluntary report to the Department of Public Safety containing any readily discoverable prior information that he feels may be pertinent to the licensing of any applicant. The reporting shall be made within thirty (30) days after the date he receives the copy of the application. Upon receipt of a response from a sheriff or police chief, such sheriff or police chief shall be reimbursed at a rate set by the department.
(c) The Department of Public Safety shall, within forty-five (45) days after the date of receipt of the items listed in subsection (5) of this section:
(i) Issue the license;
(ii) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsections (2) and (3) of this section. If the Department of Public Safety denies the application, it shall notify the applicant in writing, stating the ground for denial, and the denial shall be subject to the appeal process set forth in subsection (7); or
(iii) Notify the applicant that the department is unable to make a determination regarding the issuance or denial of a license within the forty-five-day period prescribed by this subsection, and provide an estimate of the amount of time the department will need to make the determination.
(d) In the event a legible set of fingerprints, as determined by the Department of Public Safety and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Department of Public Safety shall determine eligibility based upon a name check by the Mississippi Highway Safety Patrol and a Federal Bureau of Investigation name check conducted by the Mississippi Highway Safety Patrol at the request of the Department of Public Safety.
(7) (a) If the Department of Public Safety denies the issuance of a license, or suspends or revokes a license, the party aggrieved may appeal such denial, suspension or revocation to the Commissioner of Public Safety, or his authorized agent, within thirty (30) days after the aggrieved party receives written notice of such denial, suspension or revocation. The Commissioner of Public Safety, or his duly authorized agent, shall rule upon such appeal within thirty (30) days after the appeal is filed and failure to rule within this thirty-day period shall constitute sustaining such denial, suspension or revocation. Such review shall be conducted pursuant to such reasonable rules and regulations as the Commissioner of Public Safety may adopt.
(b) If the revocation,
suspension or denial of issuance is sustained by the Commissioner of Public
Safety, or his duly authorized agent pursuant to paragraph (a) of this
subsection, the aggrieved party may file within ten (10) days after the
rendition of such decision a petition in the circuit or county court of his
residence for review of such decision. A hearing for review shall be held and
shall proceed before the court without a jury upon the record made at the
hearing before the Commissioner of Public Safety or his duly authorized agent.
No such party shall be allowed to carry a * * * concealed pistol or revolver pursuant
to the provisions of this section while any such appeal is pending.
(8) The Department of
Public Safety shall maintain an automated listing of license holders and such
information shall be available online, upon request, at all times, to all law
enforcement agencies through the Mississippi Crime Information Center.
However, the records of the department relating to applications for licenses to
carry * * *
concealed pistols or revolvers and records relating to license holders shall be
exempt from the provisions of the Mississippi Public Records Act of 1983, and shall be released only upon order of a court
having proper jurisdiction over a petition for release of the record or records.
(9) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license lost or destroyed, the licensee shall notify the Department of Public Safety in writing of such change or loss. Failure to notify the Department of Public Safety pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by a summons.
(10) In the event that a * * * concealed pistol or revolver license
is lost or destroyed, the person to whom the license was issued shall comply
with the provisions of subsection (9) of this section and may obtain a
duplicate, or substitute thereof, upon payment of Fifteen Dollars ($15.00) to
the Department of Public Safety, and furnishing a notarized statement to the
department that such license has been lost or destroyed.
(11) A license issued under this section shall be revoked if the licensee becomes ineligible under the criteria set forth in subsection (2) of this section.
(12) (a) No less than ninety (90) days prior to the expiration date of the license, the Department of Public Safety shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the department. The licensee must renew his license on or before the expiration date by filing with the department the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3) of this section, and a full set of fingerprints administered by the Department of Public Safety or the sheriff of the county of residence of the licensee.
The first renewal may be processed by mail and the subsequent renewal must be made in person. Thereafter every other renewal may be processed by mail to assure that the applicant must appear in person every ten (10) years for the purpose of obtaining a new photograph.
(i) Except as provided in this subsection, a renewal fee of Forty Dollars ($40.00) shall also be submitted along with costs for processing the fingerprints;
(ii) Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States shall be exempt from the renewal fee; and
(iii) The renewal fee for a Mississippi resident aged sixty-five (65) years of age or older shall be Twenty Dollars ($20.00).
(b) The Department of Public Safety shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees.
(c) A licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of Fifteen Dollars ($15.00). No license shall be renewed six (6) months or more after its expiration date, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsection (5) of this section must be submitted, and a background investigation shall be conducted pursuant to the provisions of this section.
(13) No license issued
pursuant to this section shall authorize any person to carry a * * * concealed pistol or revolver into any
place of nuisance as defined in Section 95-3-1, Mississippi Code of 1972; any
police, sheriff or highway patrol station; any detention facility, prison or jail;
any courthouse; any courtroom, except that nothing in this section shall
preclude a judge from carrying a concealed weapon or determining who will carry
a concealed weapon in his courtroom; any polling place; any meeting place of
the governing body of any governmental entity; any meeting of the Legislature
or a committee thereof; any school, college or professional athletic event not
related to firearms; any portion of an establishment, licensed to dispense
alcoholic beverages for consumption on the premises, that is primarily devoted
to dispensing alcoholic beverages; any portion of an establishment in which
beer or light wine is consumed on the premises, that is primarily devoted to
such purpose; any elementary or secondary school facility; any junior college,
community college, college or university facility unless for the purpose of
participating in any authorized firearms-related activity; inside the passenger
terminal of any airport, except that no person shall be prohibited from
carrying any legal firearm into the terminal if the firearm is encased for
shipment, for purposes of checking such firearm as baggage to be lawfully
transported on any aircraft; any church or other place of worship, except as
provided in Section 45-9-171; or any place where the carrying of firearms is
prohibited by federal law. In addition to the places enumerated in this
subsection, the carrying of a * * * concealed pistol or revolver may be
disallowed in any place in the discretion of the person or entity exercising
control over the physical location of such place by the placing of a written
notice clearly readable at a distance of not less than ten (10) feet that the
"carrying of a pistol or revolver is prohibited." No license issued
pursuant to this section shall authorize the participants in a parade or
demonstration for which a permit is required to carry a * * * concealed pistol or revolver.
(14) A law enforcement
officer as defined in Section 45-6-3, chiefs of police, sheriffs and persons
licensed as professional bondsmen pursuant to Chapter 39, Title 83, Mississippi
Code of 1972, shall be exempt from the licensing requirements of this section.
The licensing requirements of this section do not apply to the carrying by any
person of a * * *
pistol or revolver, knife, or other deadly weapon that is not concealed as
defined in Section 97-37-1.
(15) Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this section, or who knowingly submits a false document when applying for a license issued pursuant to this section, shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in Section 99-19-31, Mississippi Code of 1972.
(16) All fees collected by the Department of Public Safety pursuant to this section shall be deposited into a special fund hereby created in the State Treasury and shall be used for implementation and administration of this section. After the close of each fiscal year, the balance in this fund shall be certified to the Legislature and then may be used by the Department of Public Safety as directed by the Legislature.
(17) All funds received by a sheriff or police chief pursuant to the provisions of this section shall be deposited into the general fund of the county or municipality, as appropriate, and shall be budgeted to the sheriff's office or police department as appropriate.
(18) Nothing in this
section shall be construed to require or allow the registration, documentation
or providing of serial numbers with regard to any * * * firearm.
(19) Any person holding a
valid unrevoked and unexpired license to carry * * * concealed pistols or revolvers
issued in another state shall have such license recognized by this state to
carry * * *
concealed pistols or revolvers. The Department of Public Safety is authorized
to enter into a reciprocal agreement with another state if that state requires
a written agreement in order to recognize licenses to carry * * * concealed pistols or revolvers
issued by this state.
(20) The provisions of this section shall be under the supervision of the Commissioner of Public Safety. The commissioner is authorized to promulgate reasonable rules and regulations to carry out the provisions of this section.
* * *
( * * *21) (a) From and after January 1,
2016, the Commissioner of Public Safety shall promulgate rules and regulations
which provide that licenses authorized by this section for honorably retired
law enforcement officers and honorably retired correctional officers from the
Mississippi Department of Corrections shall (i) include the words "retired
law enforcement officer" on the front of the license, and (ii) that the
license itself have a red background to distinguish it from other licenses
issued under this section.
(b) An honorably retired law enforcement officer and honorably retired correctional officer shall provide the following information to receive the license described in this section: (i) a letter, with the official letterhead of the agency or department from which such officer is retiring, which explains that such officer is honorably retired, and (ii) a letter with the official letterhead of the agency or department, which explains that such officer has completed a certified law enforcement training academy.
( * * *22) A disabled veteran who seeks to
qualify for an exemption under this section shall be required to provide, as proof
of service-connected disability, verification from the United States Department
of Veterans Affairs.
( * * *23) A license under this section is
not required for a loaded or unloaded pistol or revolver to be carried upon the
person in a sheath, belt holster or shoulder holster or in a purse, handbag,
satchel, other similar bag or briefcase or fully enclosed case if the person is
not engaged in criminal activity other than a misdemeanor traffic offense, is
not otherwise prohibited from possessing a pistol or revolver under state or
federal law, and is not in a location prohibited under subsection (13) of this
section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.