MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division B
By: Senator(s) Blackwell, Tate, Younger, Moran, Williams, DeLano, Seymour, Barnett, Whaley, McLendon, Barrett
AN ACT TO ENACT THE MISSISSIPPI SUPPRESSOR FREEDOM ACT; TO DEFINE TERMS; TO STATE LEGISLATIVE FINDINGS; TO PROVIDE THAT A FIREARM SUPPRESSOR SHALL BE CONSIDERED TO BE MANUFACTURED IN THIS STATE IF IT IS MANUFACTURED IN THIS STATE WITHOUT REGARD TO WHETHER A FIREARM IMPORTED INTO THIS STATE FROM ANOTHER STATE IS ATTACHED TO OR USED IN CONJUNCTION WITH THE FIREARM SUPPRESSOR; TO REQUIRE CERTAIN MARKINGS ON A FIREARM SUPPRESSOR MANUFACTURED AND SOLD IN THIS STATE; TO REQUIRE THE ATTORNEY GENERAL TO SEEK A DECLARATORY JUDGMENT FROM A FEDERAL DISTRICT COURT IN THIS STATE THAT THIS ACT IS CONSISTENT WITH THE PROVISIONS OF THE UNITED STATES CONSTITUTION UPON THE RECEIPT OF WRITTEN NOTIFICATION OF A PERSON'S INTENT TO MANUFACTURE A FIREARM SUPPRESSOR UNDER THE AUTHORITY OF THIS ACT; TO PROHIBIT THE STATE, ITS POLITICAL SUBDIVISION OR A GOVERNMENTAL ENTITY FROM ADOPTING A RULE, ORDER, ORDINANCE, OR POLICY UNDER WHICH THE ENTITY ENFORCES, OR BY CONSISTENT ACTION ALLOWING THE ENFORCEMENT OF, A FEDERAL STATUTE, ORDER, RULE, OR REGULATION THAT PURPORTS TO REGULATE A FIREARM SUPPRESSOR IF THE STATUTE, ORDER, RULE, OR REGULATION IMPOSES A PROHIBITION, RESTRICTION, OR OTHER REGULATION THAT DOES NOT EXIST UNDER THE LAWS OF THIS STATE; TO PROVIDE A REMEDY AGAINST CERTAIN GOVERNMENTAL ENTITIES; TO REPEAL SECTION 97-37-31, MISSISSIPPI CODE OF 1972, WHICH CRIMINALIZES THE MANUFACTURE OF SILENCERS ON FIREARMS WITHOUT AUTHORIZATION UNDER FEDERAL LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Suppressor Freedom Act."
SECTION 2. As used in this act, the following terms shall have the meaning herein ascribed unless the context clearly requires otherwise:
(a) "Firearm suppressor" means any device designed, made, or adapted to muffle the report of a firearm.
(b) "Generic part" means an item that has manufacturing or consumer product applications other than inclusion in a firearm suppressor. The term "generic part" shall include, but is not limited to, a spring, screw, nut and pin.
(c) "Governmental entity" means any branch, department, agency or instrumentality of state government, or any official or other person acting under color of state law, or any political subdivision of this state.
(d) "Manufacture" includes forging, casting, machining, fabricating or working a material.
(e) "Manufactured in this state" means manufactured at a location wholly within the geographic boundaries of this state from basic materials without the inclusion of any part imported from another state other than a generic part.
(f) "Political subdivision" has the meaning provided in Section 11-46-1.
SECTION 3. (1) The Legislature finds that 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.
(2) The Legislature finds that a basic material or generic part 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 is actually a firearm suppressor.
SECTION 4. (1) A firearm suppressor shall be considered to be manufactured in this state if it is manufactured in this state without regard to whether a firearm imported into this state from another state is attached to or used in conjunction with the firearm suppressor.
(2) A firearm suppressor manufactured and sold in this state shall be stamped clearly with the words "Made in Mississippi".
SECTION 5. On written notification to the Attorney General by a resident of Mississippi who is a United States citizen of the resident's intent to manufacture a firearm suppressor in this state in compliance with this act, the Attorney General shall seek a declaratory judgment from a federal district court in this state that this act is consistent with the provisions of the United States Constitution.
SECTION 6. (1) The state, its political subdivisions or a governmental entity shall not adopt a rule, order, ordinance, or policy under which the entity enforces, or by consistent action allow the enforcement of, a federal statute, order, rule, or regulation that purports to regulate a firearm suppressor if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state.
(2) The state, its political subdivisions or a governmental entity and no person employed by or otherwise under the direction or control of any governmental entity may enforce or attempt to enforce any federal statute, order, rule, or regulation described by subsection (1) of this section.
SECTION 7. (1) Any person who is a United States citizen and resides in the jurisdiction of an entity described in Section 6 of this act may file a complaint with the Attorney General against the entity if the person offers evidence to support an allegation that the entity has adopted a rule, order, ordinance, or policy under which the entity enforces a federal law described by Section 6(1) of this act or that the entity, by consistent action, allows the enforcement of federal law described by Section 6(1) of this act. The complainant must include with the complaint any evidence the complainant has in support of the complaint.
(2) (a) If the Attorney General determines that a complaint filed under subsection (1) of this section is valid, the Attorney General shall file a petition for a writ of mandamus or apply for other appropriate equitable relief in a district court in Hinds County or in a county in which the principal office of the entity is located to compel the entity's compliance with this act.
(b) 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.
(c) An appeal of a suit brought under this section shall be governed by the procedures for accelerated appeals in civil cases under the Mississippi Rules of Appellate Procedure. The appellate court shall render its final order or judgment with the least possible delay.
(3) 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 Section 6(1) of this act, the entity shall not be granted any appropriations requests other than those requests necessary to maintain the entity's minimum functions.
SECTION 8. Section 97-37-31, Mississippi Code of 1972, which criminalizes the manufacture of silencers on firearms without authorization under federal law, is hereby repealed. If on the effective date of this act a criminal action is pending for an offense described by Section 97-37-31, the action shall be dismissed. A conviction for an offense described by Section 97-37-31 entered on the docket before the effective date of this act shall be unaffected by this act.
SECTION 9. This act shall take effect and be in force from and after its passage.