MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division A
By: Senator(s) Hill
AN ACT TO CREATE LIABILITY ON THE PART OF A PROPERTY OWNER WHO FORBIDS CARRYING OF A CONCEALED WEAPON; TO AMEND SECTION 15-1-35, MISSISSIPPI CODE OF 1972, TO ENACT A TWO-YEAR STATUTE OF LIMITATIONS ON THE CAUSE OF ACTION FOR INJURIES INCURRED IN A GUN-FREE ZONE; TO AMEND SECTION 45-9-55, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) It is the intent of this act to balance the right of the holder of a concealed-carry license under Section 45-9-101 to carry a pistol, revolver or stun gun in order to exercise the right of self-defense and the ability of a property owner or entity in charge of the property to exercise control over governmental or private property.
(b) A person or entity authorized to post property pursuant to Section 45-9-101(13) or common law who elects to prohibit the possession of firearms by a person authorized to carry a handgun pursuant to Section 45-9-101, thereby assumes absolute custodial responsibility for the safety and defense of the licensee while on the posted property and while on any property the licensee is required to traverse in order to travel to and from the location where the licensee's firearm is stored.
(c) The responsibility of the person or entity posting for the safety and defense of the licensee shall extend to the conduct of other invitees, trespassers, employees of the person or entity, vicious animals, wild animals, and defensible man-made and natural hazards.
(2) The holder of a concealed-carry license under Section 45-9-101 who is injured, suffers bodily injury or death, incurs economic loss or expense, property damage or any other compensable loss as the result of conduct occurring on property that is posted pursuant to Section 45-9-101(13) or common law, shall have a cause of action against the person or entity posting. In addition to damages, the person shall be entitled to reasonable attorney fees, expert witness costs, and other costs necessary to bring the cause of action.
(3) Any notice or signage that property is posted pursuant to Section 45-9-101(13) or common law shall also contain language citing this section and stating that any licensee on the posted property is under the custodial responsibility of the posting person or entity.
(4) To prevail in an action brought under this section, the plaintiff must show by a preponderance of the evidence that:
(a) The plaintiff was authorized to carry a handgun under Section 45-9-101(13) at the time of the incident giving rise to the action;
(b) The plaintiff was prohibited from carrying a firearm on the property where the incident occurred because it was posted pursuant to Section 45-9-101(13) or common law; and
(c) The property was not required to be posted by state or federal law but was posted by choice of the defendant.
(5) This section shall be liberally construed to effectuate its purpose subject to the provisions of common law, Section 45-9-101 and Section 97-37-7.
SECTION 2. Section 15-1-35, Mississippi Code of 1972, is amended as follows:
15-1-35. (1) All actions for assault, assault and battery, maiming, false imprisonment, malicious arrest, or menace, and all actions for slanderous words concerning the person or title, for failure to employ, and for libels, shall be commenced within one (1) year next after the cause of such action accrued, and not after.
(2) The statute of limitations for an action under Section 1 of this act shall be two (2) years from the date of the occurrence giving rise to the damages, loss, or injury.
SECTION 3. Section 45-9-55, Mississippi Code of 1972, is amended as follows:
45-9-55. (1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area.
(2) A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property.
(3) This section shall not apply to vehicles owned or leased by an employer and used by the employee in the course of his business.
(4) This section does not authorize a person to transport or store a firearm on any premises where the possession of a firearm is prohibited by state or federal law.
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SECTION 4. This act shall take effect and be in force from and after July 1, 2018.