Senate Bill 2239

AN ACT TO AMEND SECTION 45-10-1, MISSISSIPPI CODE OF 1972, TO DEFINE IMITATION FIREARM; TO AMEND SECTION 45-10-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE OR DISPLAY FOR SALE OF IMITATION FIREARMS; TO AMEND SECTION 45-10-5, MISSISSIPPI CODE OF 1972, TO CREATE EXCEPTIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-10-1, Mississippi Code of 1972, is amended as follows:

45-10-1. For purposes of this chapter, the following terms have the meanings ascribed:

(a) "Novelty lighter" means a mechanical or electrical device typically used for lighting cigarettes, cigars or pipes, grills, fireplaces, campfires or campfire stoves that is designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food or beverage, or similar articles, or that plays musical notes, or has flashing lights for entertainment or has other entertaining features. A novelty lighter may operate on any fuel, including butane, isobutane or liquid fuel. "Novelty lighter" does not include:

( * * *ai) A lighter manufactured prior to January 1, 1980;

( * * *bii) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame;

( * * *ciii) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals or artwork, or heat shrinkable sleeves.

(b) "Imitation firearm" means a toy firearm, look-alike firearm, or other device having the appearance, shape or configuration of a firearm. It does not include:

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

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

(iii) 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.

SECTION 2. Section 45-10-3, Mississippi Code of 1972, is amended as follows:

45-10-3. A person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this state a novelty lighter or imitation firearm. A person who violates this section commits a civil violation for which a fine of not more than Five Hundred Dollars ($500.00) may be imposed.

SECTION 3. Section 45-10-5, Mississippi Code of 1972, is amended as follows:

45-10-5. The prohibitions specified in Section 45-10-3 * * *~~does~~ do not apply:

(a) To the transportation of novelty lighters or imitation firearms through this state or the storage of novelty lighters or imitation firearms in a warehouse or distribution center in this state that is closed to the public for purposes of retail sales.

(b) To any imitation firearm that is used only in the theatrical, movie or television industry or by the drama department of a school.

SECTION 4. This act shall take effect and be in force from and after July 1, 2018.