MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A
By: Senator(s) Simmons (12th)
AN ACT TO AMEND SECTION 97-37-5, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE POSSESSION OF A WEAPON BY CERTAIN MISDEMEANANTS; 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: (a) has been convicted of a felony under the laws of this state, any other state, or of the United States; or (b) has been convicted of a misdemeanor and received an enhanced sentence under Sections 99-19-301 through 99-19-307, 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 or misdemeanor, has received a relief from disability pursuant to Section 925(c) of Title 18 of the United States Code, or has received a certificate of rehabilitation pursuant to subsection (3) 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 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. A person who has been convicted of a misdemeanor under the laws of this state and sentenced under Sections 99-19-301 through 99-19-307 may apply to the circuit court for the jurisdiction 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.
(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 USC, 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, 2019.