MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary B
By: Representatives Anderson (122nd), Arnold, Bain, Brown (20th), Byrd, Calvert, Carpenter, Creekmore IV, Eure, Gibbs, Goodin, Hale, Hopkins, Ladner, Lancaster, Mangold, Massengill, McKnight, Miles, Newman, Rushing, Sanders, Scoggin, Shanks, Smith, Tullos, Turner, Wallace, Williamson, Zuber, Steverson, Hood, Burnett, Horne, Bounds, Stamps
AN ACT TO PROVIDE THAT A FIREARM SUPPRESSOR MANUFACTURED AND REMAINING IN THE STATE OF MISSISSIPPI IS NOT SUBJECT TO FEDERAL LAWS AND REGULATIONS GOVERNING FIREARM SUPPRESSORS; TO PROHIBIT STATE AND LOCAL GOVERNMENTAL AUTHORITIES FROM ENFORCING FEDERAL REGULATIONS ON SUPPRESSORS MADE IN MISSISSIPPI; TO REQUIRE STATE FUNDING TO BE WITHHELD FROM ANY GOVERNMENTAL ENTITY THAT ADOPTS A RULE OR POLICY ENFORCING THE FEDERAL LAWS GOVERNING FIREARM SUPPRESSORS; TO REQUIRE THE DISMISSAL OF CHARGES OF ILLEGALLY CARRYING A MUFFLER OR SILENCER WHICH ARE PENDING ON JULY 1, 2023; TO AMEND SECTIONS 11-1-67, 97-37-1 AND 97-37-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO REPEAL SECTION 97-37-31, MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISDEMEANOR OFFENSE OF MAKING, MANUFACTURING, SELLING OR POSSESSING A DEVICE THAT WILL MUFFLE THE REPORT OF A FIREARM BY A PERSON NOT AUTHORIZED TO DO SUCH UNDER FEDERAL LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:
(a) "Firearm" means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. "Firearm" does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of illegal weapons which are:
(i) An antique or curio firearm manufactured before 1899; or
(ii) A replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
(b) "Firearm suppressor" means any device designed, made or adapted to muffle the report of a firearm.
(c) "Generic and insignificant part" means an item that has manufacturing or consumer product applications other than inclusion in a firearm suppressor. The term includes a spring, screw, nut and pin.
(d) "Manufacture" includes forging, casting, machining or another process for working a material.
(2) A firearm suppressor is considered to be manufactured in this state if the item is manufactured:
(a) In this state from basic materials; and (b) Without the inclusion of any part imported from another state other than a generic and insignificant part.
(3) A firearm suppressor is manufactured in this state if it is manufactured as described in subsection (2) without regard to whether a firearm imported into this state from another state is attached to or used in conjunction with the suppressor.
(4) A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. (5) Basic material from which a firearm suppressor is manufactured in this state, including unmachined steel, is not a firearm suppressor and is not subject to federal regulation under the authority of the United States Congress to regulate interstate commerce as if it actually were a firearm suppressor.
(6) A firearm suppressor manufactured and sold in this state must have the words "Made in Mississippi" clearly stamped on it.
(7) On written notification to the Attorney General by a United States citizen who resides in this state of the citizen's intent to manufacture a firearm suppressor to which subsection (4) applies, the Attorney General shall seek a declaratory judgment from a federal district court in this state that subsection (4) is consistent with the United States Constitution.
(8) This section applies only to a firearm suppressor that is manufactured on or after July 1, 2023.
SECTION 2. (1) This section applies to:
(a) The State of Mississippi, including an agency, department, commission, bureau, board, office, council, court or other entity that is in any branch of state government and which is created by the constitution or a statute of this state;
(b) The governing body of a municipality, county, school district or other district;
(c) An officer, employee or body that is part of a municipality, county, school district or other district, including a sheriff, municipal police department, municipal attorney or county attorney; and
(d) A district attorney or other prosecuting attorney.
(2) (a) An entity described in subsection (1) may not adopt a rule, regulation, order, ordinance or policy under which the entity enforces, or by consistent action allows the enforcement of, a federal statute, order, rule or regulation that purports to regulate a firearm suppressor, as defined in Section 1 of this act, if the rule, regulation, order, ordinance or policy imposes a prohibition, restriction or other regulation that does not exist under the laws of this state.
(b) An entity or person employed by or otherwise under the direction or control of an entity described in subsection (1) may not enforce or attempt to enforce any federal statute, order, rule or regulation described under subsection (a).
(3) (a) An entity described in subsection (1) may not receive state funds if the entity adopts a rule, regulation, order, ordinance or policy under which the entity enforces a federal law described under subsection (2)(a) or, by consistent action, allows the enforcement of a federal law described under subsection (2)(a).
(b) State funds for the entity must be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the entity has violated subsection (2)(a).
(4) (a) Any citizen residing in the jurisdiction of an entity described in subsection (1) may file a complaint with the Attorney General if the citizen offers evidence to support an allegation that the entity has adopted a rule, regulation, order, ordinance or policy under which the entity enforces a federal law described under subsection (2)(a) or that the entity, by consistent action, allows the enforcement of a federal law described under subsection (2)(a). The citizen must include with the complaint any evidence the citizen has in support of the complaint.
(b) If the Attorney General determines that a complaint filed under paragraph (a) against an entity described in subsection (1) is valid, to compel the entity's compliance with this section, the Attorney General may file a petition for a writ of mandamus or apply for other appropriate equitable relief in the chancery court in Hinds County or in the county in which the principal office of the entity is located. The Attorney General may recover reasonable expenses incurred obtaining relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees and deposition costs.
SECTION 3. An alleged offense under Section 97-37-1, as it existed on June 30, 2023, of concealed carrying of a muffler or silencer for any firearm, or under Section 97-37-5, as it existed on June 30, 2023, of possession by a person who has been convicted of a felony of a muffler or silencer for any firearm, or under Section 97-37-31, as it existed on June 30, 2023, of possession of a device that is used to muffle a firearm, may not be prosecuted on or after July 1, 2023. If on July 1, 2023, a criminal action is pending for an offense described in this section, the action is dismissed on that date. However, a final conviction for an offense described in this section which exists on July 1, 2023, is unaffected by this act.
SECTION 4. Section 11-1-67, Mississippi Code of 1972, is amended as follows:
11-1-67. (1) The authority
to bring an action against any firearms or ammunition manufacturer, distributor
or dealer duly licensed under federal law on behalf of any governmental entity
created by or pursuant to an act of the Mississippi Legislature or the
Mississippi Constitution of 1890, or any department, agency or authority
thereof, for damages, abatement, injunctive relief or any other relief or
remedy resulting from or relating to the lawful design, manufacture,
distribution or sale of firearms, firearm components, * * * ammunition or ammunition components
to the public, shall be exclusively reserved to the state. This section shall
not prohibit a political subdivision from bringing an action against a firearm
or ammunition manufacturer, distributor or dealer for breach of contract or
warranty as to firearms or ammunition purchased by the political subdivision,
or for injuries resulting from a firearm malfunction due to defects in
materials or workmanship.
(2) "Political subdivision" and "governmental entity" shall have the meanings ascribed in Section 11-46-1.
SECTION 5. Section 97-37-1, Mississippi Code of 1972, is amended as follows:
97-37-1. (1) Except as
otherwise provided in Section 45-9-101, any person who carries, concealed on or
about one's person, any bowie knife, dirk knife, butcher knife, switchblade
knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle
with a barrel of less than sixteen (16) inches in length, or any shotgun with a
barrel of less than eighteen (18) inches in length, machine gun or any fully
automatic firearm or deadly weapon, * * * or uses or attempts to use against
another person any imitation firearm, shall, upon conviction, be punished as
follows:
(a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section.
(b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section.
(c) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, for the third or subsequent conviction under this section.
(d) By confinement in the custody of the Department of Corrections for not less than one (1) year nor more than ten (10) years for any person previously convicted of any felony who is convicted under this section.
(2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
(3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal activity which normally involves the use of a firearm or other weapon.
(4) For the purposes of this section, "concealed" means hidden or obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible.
SECTION 6. Section 97-37-5, Mississippi Code of 1972, is amended as follows:
97-37-5. (1) It shall be unlawful
for any person who has been convicted of a felony under the laws of this state,
any other state, or of the United States to possess any firearm or any bowie knife,
dirk knife, butcher knife, switchblade knife, metallic knuckles * * * or blackjack * * * unless
such person has received a pardon for such felony, 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, under the laws of another state, under federal law or in state military court may apply for a certificate of rehabilitation as provided in this section. If the person was convicted of a felony under the laws of this state, he or she may apply to the court in which he was convicted for a certificate of rehabilitation. If the person was convicted of a felony under the laws of another state, under federal law or in state military court, he or she may apply to the court in the person's county of residence for a certificate of rehabilitation. A person convicted of a felony under the laws of another state, under federal law or in state military court shall attach a certified copy of his or her judgment and a certified copy of his or her completion of sentence to the petition 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 or her sentence and upon the finding of the court that he or she 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 USCS, 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 7. Section 97-37-31, Mississippi Code of 1972, which creates the misdemeanor offense of making, manufacturing, selling or possessing a device that will muffle the report of a firearm by a person not authorized to do such under federal law, is repealed.
SECTION 8. This act shall take effect and be in force from and after the date that the United States Supreme Court in Paxton et al v. Richardson rules in favor of the Texas Attorney General and the State of Texas and its passage and implementation of Texas House Bill 957, 2021 Regular Session.