MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division B
By: Senator(s) Tate
AN ACT TO CRIMINALIZE THE DISCHARGE OF A FIREARM WITHIN OR INTO THE LIMITS OF ANY PUBLIC PARK; TO PROVIDE A CRIMINAL PENALTY; TO PROVIDE EXCEPTIONS TO THE CRIME; TO DEFINE TERMS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A person who with criminal negligence discharges a firearm within or into the limits of any public park is guilty of a misdemeanor. Upon conviction, the defendant shall be fined up to One Thousand Dollars ($1,000.00) or imprisoned in the county jail for a period of more than thirty (30) days but less than six (6) months, or both.
(2) This section does not apply if the firearm is discharged:
(a) As allowed pursuant to Section 97-3-15;
(b) On a properly supervised range;
(c) By special permit of the sheriff of the county;
(d) By special permit of the chief of police of the municipality;
(e) As required by an animal control officer in the performance of his or her duties;
(f) Using blanks;
(g) In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
(3) For the purposes of this section:
(a) "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.
(b) "Properly supervised range" means a range that is any of the following:
(i) Operated by a club affiliated with the National Rifle Association of America, the Amateur Trapshooting Association, the National Skeet Shooting Association or any other nationally recognized shooting organization or by any public or private school;
(ii) Approved by any agency of the federal government, this state or a county or city within which the range is located; or
(iii) Operated with adult supervision for shooting air or carbon dioxide gas-operated guns or for shooting in underground ranges on private or public property.
(c) "Public park" means any park owned or managed by a municipality or a governing body of a county.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.