MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary B
By: Representatives Criswell, Williamson
AN ACT TO AMEND SECTION 45-9-101, MISSISSIPPI CODE OF 1972, TO CLARIFY THE FIREARMS LICENSING PROCEDURE BY REMOVING THE TERM "STUN GUN" FROM THE CONCEALED CARRY FIREARMS CATEGORY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-9-101, Mississippi Code of 1972, is amended as follows:
45-9-101. (1) (a) Except as
otherwise provided, the Department of Public Safety is authorized to issue licenses
to carry * * *
concealed pistols or revolvers to persons qualified as provided in this section.
Such licenses shall be valid throughout the state for a period of five (5) years
from the date of issuance, except as provided in subsection (25) of this section.
Any person possessing a valid license issued pursuant to this section may carry
a * * *
concealed pistol or concealed revolver.
(b) The licensee must carry
the license, together with valid identification, at all times in which the licensee
is carrying a * * *
concealed pistol or revolver and must display both the license and proper identification
upon demand by a law enforcement officer. A violation of the provisions of this
paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five
Dollars ($25.00) and shall be enforceable by summons.
(2) The Department of Public Safety shall issue a license if the applicant:
(a) Is a resident of the state. However, this residency requirement may be waived if the applicant possesses a valid permit from another state, is a member of any active or reserve component branch of the United States of America Armed Forces stationed in Mississippi, is the spouse of a member of any active or reserve component branch of the United States of America Armed Forces stationed in Mississippi, or is a retired law enforcement officer establishing residency in the state;
(b) (i) Is twenty-one (21) years of age or older; or
(ii) Is at least eighteen (18) years of age but not yet twenty-one (21) years of age and the applicant:
1. Is a member or veteran of the United States Armed Forces, including National Guard or Reserve; and
2. Holds a valid Mississippi driver's license or identification card issued by the Department of Public Safety or a valid and current tribal identification card issued by a federally recognized Indian tribe containing a photograph of the holder;
(c) Does not suffer from
a physical infirmity which prevents the safe handling of a * * * pistol or revolver;
(d) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned or without having been expunged for same;
(e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;
(f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;
(g) Desires a legal means
to carry a * * *
concealed pistol or revolver to defend himself;
(h) Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;
(i) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;
(j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled;
(k) Is not a fugitive from justice; and
(l) Is not disqualified to possess a weapon based on federal law.
(3) The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred prior to the date on which the application is submitted, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three (3) years. The department shall, upon notification by a law enforcement agency or a court and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime which would disqualify such person from having a license under this section, until final disposition of the case. The provisions of subsection (7) of this section shall apply to any suspension or revocation of a license pursuant to the provisions of this section.
(4) The application shall be completed, under oath, on a form promulgated by the Department of Public Safety and shall include only:
(a) The name, address, place and date of birth, race, sex and occupation of the applicant;
(b) The driver's license number or social security number of applicant;
(c) Any previous address of the applicant for the two (2) years preceding the date of the application;
(d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;
(e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;
(f) A conspicuous warning that the application is executed under oath and that a knowingly false answer to any question, or the knowing submission of any false document by the applicant, subjects the applicant to criminal prosecution; and
(g) A statement that the
applicant desires a legal means to carry a * * * concealed pistol or revolver to defend
himself.
(5) The applicant shall submit only the following to the Department of Public Safety:
(a) A completed application as described in subsection (4) of this section;
(b) A full-face photograph of the applicant taken within the preceding thirty (30) days in which the head, including hair, in a size as determined by the Department of Public Safety, except that an applicant who is younger than twenty-one (21) years of age must submit a photograph in profile of the applicant;
(c) A nonrefundable license fee of Eighty Dollars ($80.00). Costs for processing the set of fingerprints as required in paragraph (d) of this subsection shall be borne by the applicant. Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States, and law enforcement officers employed with a law enforcement agency of a municipality, county or state at the time of application for the license, shall be exempt from the payment of the license fee;
(d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and
(e) A waiver authorizing the Department of Public Safety access to any records concerning commitments of the applicant to any of the treatment facilities or institutions referred to in subsection (2) of this section and permitting access to all the applicant's criminal records.
(6) (a) The Department of Public Safety, upon receipt of the items listed in subsection (5) of this section, shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing.
(b) The Department of Public Safety shall forward a copy of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. The sheriff of the applicant's county of residence, and, if applicable, the police chief of the applicant's municipality of residence may, at his discretion, participate in the process by submitting a voluntary report to the Department of Public Safety containing any readily discoverable prior information that he feels may be pertinent to the licensing of any applicant. The reporting shall be made within thirty (30) days after the date he receives the copy of the application. Upon receipt of a response from a sheriff or police chief, such sheriff or police chief shall be reimbursed at a rate set by the department.
(c) The Department of Public Safety shall, within forty-five (45) days after the date of receipt of the items listed in subsection (5) of this section:
(i) Issue the license;
(ii) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsections (2) and (3) of this section. If the Department of Public Safety denies the application, it shall notify the applicant in writing, stating the ground for denial, and the denial shall be subject to the appeal process set forth in subsection (7); or
(iii) Notify the applicant that the department is unable to make a determination regarding the issuance or denial of a license within the forty-five-day period prescribed by this subsection, and provide an estimate of the amount of time the department will need to make the determination.
(d) In the event a legible set of fingerprints, as determined by the Department of Public Safety and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Department of Public Safety shall determine eligibility based upon a name check by the Mississippi Highway Safety Patrol and a Federal Bureau of Investigation name check conducted by the Mississippi Highway Safety Patrol at the request of the Department of Public Safety.
(7) (a) If the Department of Public Safety denies the issuance of a license, or suspends or revokes a license, the party aggrieved may appeal such denial, suspension or revocation to the Commissioner of Public Safety, or his authorized agent, within thirty (30) days after the aggrieved party receives written notice of such denial, suspension or revocation. The Commissioner of Public Safety, or his duly authorized agent, shall rule upon such appeal within thirty (30) days after the appeal is filed and failure to rule within this thirty-day period shall constitute sustaining such denial, suspension or revocation. Such review shall be conducted pursuant to such reasonable rules and regulations as the Commissioner of Public Safety may adopt.
(b) If the revocation,
suspension or denial of issuance is sustained by the Commissioner of Public Safety,
or his duly authorized agent pursuant to paragraph (a) of this subsection, the aggrieved
party may file within ten (10) days after the rendition of such decision a petition
in the circuit or county court of his residence for review of such decision. A
hearing for review shall be held and shall proceed before the court without a jury
upon the record made at the hearing before the Commissioner of Public Safety or
his duly authorized agent. No such party shall be allowed to carry a * * * concealed pistol or revolver pursuant
to the provisions of this section while any such appeal is pending.
(8) The Department of Public
Safety shall maintain an automated listing of license holders and such information
shall be available online, upon request, at all times, to all law enforcement agencies
through the Mississippi Crime Information Center. However, the records of the department
relating to applications for licenses to carry * * * concealed pistols or revolvers and records
relating to license holders shall be exempt from the provisions of the Mississippi
Public Records Act of 1983, and shall be released only upon order of a court having
proper jurisdiction over a petition for release of the record or records.
(9) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license lost or destroyed, the licensee shall notify the Department of Public Safety in writing of such change or loss. Failure to notify the Department of Public Safety pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by a summons.
(10) In the event that a * * * concealed pistol or revolver license is
lost or destroyed, the person to whom the license was issued shall comply with the
provisions of subsection (9) of this section and may obtain a duplicate, or substitute
thereof, upon payment of Fifteen Dollars ($15.00) to the Department of Public Safety,
and furnishing a notarized statement to the department that such license has been
lost or destroyed.
(11) A license issued under this section shall be revoked if the licensee becomes ineligible under the criteria set forth in subsection (2) of this section.
(12) (a) Except as provided in subsection (25) of this section, no less than ninety (90) days prior to the expiration date of the license, the Department of Public Safety shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the department. The licensee must renew his license on or before the expiration date by filing with the department the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3) of this section, and a full set of fingerprints administered by the Department of Public Safety or the sheriff of the county of residence of the licensee. The first renewal may be processed by mail and the subsequent renewal must be made in person. Thereafter every other renewal may be processed by mail to assure that the applicant must appear in person every ten (10) years for the purpose of obtaining a new photograph.
(i) Except as provided in this subsection, a renewal fee of Forty Dollars ($40.00) shall also be submitted along with costs for processing the fingerprints;
(ii) Honorably retired law enforcement officers, disabled veterans, active duty members of the Armed Forces of the United States and law enforcement officers employed with a law enforcement agency of a municipality, county or state at the time of renewal, shall be exempt from the renewal fee; and
(iii) The renewal fee for a Mississippi resident aged sixty-five (65) years of age or older shall be Twenty Dollars ($20.00).
(b) The Department of Public Safety shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees.
(c) A licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of Fifteen Dollars ($15.00). No license shall be renewed six (6) months or more after its expiration date, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsection (5) of this section must be submitted, and a background investigation shall be conducted pursuant to the provisions of this section.
(13) No license issued pursuant
to this section shall authorize any person, except a law enforcement officer as
defined in Section 45-6-3 with a distinct license authorized by the Department of
Public Safety, to carry a * * *stun gun, concealed pistol or revolver into any place of nuisance
as defined in Section 95-3-1, Mississippi Code of 1972; any police, sheriff or highway
patrol station; any detention facility, prison or jail; any courthouse; any courtroom,
except that nothing in this section shall preclude a judge from carrying a concealed
weapon or determining who will carry a concealed weapon in his courtroom; any polling
place; any meeting place of the governing body of any governmental entity; any meeting
of the Legislature or a committee thereof; any school, college or professional athletic
event not related to firearms; any portion of an establishment, licensed to dispense
alcoholic beverages for consumption on the premises, that is primarily devoted to
dispensing alcoholic beverages; any portion of an establishment in which beer, light
spirit product or light wine is consumed on the premises, that is primarily devoted
to such purpose; any elementary or secondary school facility; any junior college,
community college, college or university facility unless for the purpose of participating
in any authorized firearms-related activity; inside the passenger terminal of any
airport, except that no person shall be prohibited from carrying any legal firearm
into the terminal if the firearm is encased for shipment, for purposes of checking
such firearm as baggage to be lawfully transported on any aircraft; any church or
other place of worship, except as provided in Section 45-9-171; or any place where
the carrying of firearms is prohibited by federal law. In addition to the places
enumerated in this subsection, the carrying of a * * * concealed pistol or revolver may be disallowed
in any place in the discretion of the person or entity exercising control over the
physical location of such place by the placing of a written notice clearly readable
at a distance of not less than ten (10) feet that the "carrying of a pistol
or revolver is prohibited." No license issued pursuant to this section shall
authorize the participants in a parade or demonstration for which a permit is required
to carry a * * *
concealed pistol or revolver.
(14) A law enforcement officer as defined in Section 45-6-3, chiefs of police, sheriffs and persons licensed as professional bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 1972, shall be exempt from the licensing requirements of this section.
(a) The Commissioner of Public Safety shall promulgate rules and regulations to provide licenses to law enforcement officers as defined in Section 45-6-3 who choose to obtain a license under the provisions of this section, which shall include a distinction that the officer is an "active duty" law enforcement officer and an endorsement that such officer is authorized to carry in the locations listed in subsection (13). A law enforcement officer shall provide the following information to receive the license described in this subsection: (i) a letter, with the official letterhead of the agency or department for which the officer is employed at the time of application and (ii) a letter with the official letterhead of the agency or department, which explains that such officer has completed a certified law enforcement training academy.
(b) The licensing requirements
of this section do not apply to the carrying by any person of a * * * pistol or revolver, knife, or other deadly
weapon that is not concealed as defined in Section 97-37-1.
(15) Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this section, or who knowingly submits a false document when applying for a license issued pursuant to this section, shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in Section 99-19-31, Mississippi Code of 1972.
(16) All fees collected by the Department of Public Safety pursuant to this section shall be deposited into a special fund hereby created in the State Treasury and shall be used for implementation and administration of this section. After the close of each fiscal year, the balance in this fund shall be certified to the Legislature and then may be used by the Department of Public Safety as directed by the Legislature.
(17) All funds received by a sheriff or police chief pursuant to the provisions of this section shall be deposited into the general fund of the county or municipality, as appropriate, and shall be budgeted to the sheriff's office or police department as appropriate.
(18) Nothing in this section
shall be construed to require or allow the registration, documentation or providing
of serial numbers with regard to any * * * firearm.
(19) Any person holding a valid
unrevoked and unexpired license to carry * * * concealed pistols or revolvers issued
in another state shall have such license recognized by this state to carry * * * concealed pistols or revolvers. The
Department of Public Safety is authorized to enter into a reciprocal agreement with
another state if that state requires a written agreement in order to recognize licenses
to carry * * *
concealed pistols or revolvers issued by this state.
(20) The provisions of this section shall be under the supervision of the Commissioner of Public Safety. The commissioner is authorized to promulgate reasonable rules and regulations to carry out the provisions of this section.
* * *
( * * *21) (a) From and after January 1, 2016,
the Commissioner of Public Safety shall promulgate rules and regulations which provide
that licenses authorized by this section for honorably retired law enforcement officers
and honorably retired correctional officers from the Mississippi Department of Corrections
shall (i) include the words "retired law enforcement officer" on the front
of the license, and (ii) unless the licensee chooses to have this license combined
with a driver's license or identification card under subsection (25) of this section,
that the license itself have a red background to distinguish it from other licenses
issued under this section.
(b) An honorably retired law enforcement officer and honorably retired correctional officer shall provide the following information to receive the license described in this section: (i) a letter, with the official letterhead of the agency or department from which such officer is retiring, which explains that such officer is honorably retired, and (ii) a letter with the official letterhead of the agency or department, which explains that such officer has completed a certified law enforcement training academy.
( * * *22) A disabled veteran who seeks to qualify
for an exemption under this section shall be required to provide a veterans health
services identification card issued by the United States Department of Veterans
Affairs indicating a service-connected disability, which shall be sufficient proof
of such service-connected disability.
( * * *23) A license under this section is not
required for a loaded or unloaded pistol or revolver to be carried upon the person
in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other
similar bag or briefcase or fully enclosed case if the person is not engaged in
criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited
from possessing a pistol or revolver under state or federal law, and is not in a
location prohibited under subsection (13) of this section. However, the medical
use of medical cannabis by a cardholder who is a registered qualifying patient which
is lawful under the provisions of the Mississippi Medical Cannabis Act and in compliance
with rules and regulations adopted thereunder shall not disqualify a person under
this subsection (24) solely because the person is prohibited from possessing a firearm
under 18 USCS Section 922(g)(3) due to such medical use of medical cannabis.
( * * *24) An applicant for a license under this
section shall have the option of, instead of being issued a separate card for the
license, having the license appear as a notation on the individual's driver's license
or identification card. If the applicant chooses this option, the license issued
under this section shall have the same expiration date as the driver's license or
identification card, and renewal shall take place at the same time and place as
renewal of the driver's license or identification card. The Commissioner of Public
Safety shall have the authority to promulgate rules and regulations which may be
necessary to ensure the effectiveness of the concurrent application and renewal
processes.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.