MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary B
By: Representative Bomgar
AN ACT TO AMEND SECTION 97-37-5, MISSISSIPPI CODE OF 1972, TO RESTORE CERTAIN WEAPONS RIGHTS OF NONVIOLENT FELONY OFFENDERS UPON COMPLETION OF ALL TERMS AND CONDITIONS OF THEIR SENTENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-37-5, Mississippi Code of 1972, is amended as follows:
97-37-5. (1) It shall be
unlawful for any person who has been convicted of a felony under the laws of
this state, any other state, or of the United States to possess any firearm or
any bowie knife, dirk knife, butcher knife, switchblade knife, metallic
knuckles, blackjack, or any muffler or silencer for any firearm unless such
person has received a pardon for such felony, has received a relief from disability
pursuant to Section 925(c) of Title 18 of the United States Code * * *, has received a certificate of
rehabilitation pursuant to subsection (3)(a) of this section or
completed serving time in prison or jail as provided in subsection (3)(b) of
this section.
(2) Any person violating this section shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not less than one (1) year nor more than ten (10) years, or both.
(3) (a) A person who has been convicted of a felony under the laws of this state may apply to the court in which he was convicted for a certificate of rehabilitation. The court may grant such certificate in its discretion upon a showing to the satisfaction of the court that the applicant has been rehabilitated and has led a useful, productive and law-abiding life since the completion of his sentence and upon the finding of the court that he will not be likely to act in a manner dangerous to public safety.
(b) The right to possess a firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer is restored upon completion of serving time in prison or jail for any person convicted of a felony that is not classified as a crime of violence under Section 97-3-2.
(4) (a) A person who is discharged from court-ordered mental health treatment may petition the court which entered the commitment order for an order stating that the person qualifies for relief from a firearms disability.
(b) In determining whether to grant relief, the court must hear and consider evidence about:
(i) The
circumstances that led to imposition of the firearms disability under 18 * * *
USCS, Section 922(d)(4);
(ii) The person's mental history;
(iii) The person's criminal history; and
(iv) The person's reputation.
(c) A court may not grant relief unless it makes and enters in the record the following affirmative findings:
(i) That the person is no longer likely to act in a manner dangerous to public safety; and
(ii) Removing the person's disability to purchase a firearm is not against the public interest.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.