MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Wildlife, Fisheries and Parks; Judiciary, Division B
By: Senator(s) Seymour
AN ACT TO AMEND SECTION 97-15-13, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROHIBITION AGAINST HUNTING ON ANY STREET, PUBLIC ROAD, PUBLIC HIGHWAY, LEVEE OR RAILROAD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-15-13, Mississippi Code of 1972, is amended as follows:
97-15-13. (1) * * *
For purposes of this section, the following terms shall have the meanings
ascribed to them herein:
(a) "Right-of-way" means that part of a street, public road, public highway, levee or railroad maintained by a city, county, levee board, state or federal entity or railroad corporation and including that portion up to the adjacent property line or fence line.
* * *
( * * *b) "Firearm" means any
firearm * * *.
* * *
( * * *2) If any person * * *
discharges or attempts to discharge any firearm in, on or across any street,
public road, public highway, levee, railroad or the right-of-way thereof, such person
is guilty of a misdemeanor and, upon conviction, shall be punished by a fine
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 less than sixty (60)
days nor more than six (6) months, or by both such fine and imprisonment. This
subsection shall not apply to any law enforcement officer while in the performance
of his official duty or to any person engaged in a lawful action of self-defense.
It shall not be a violation of this section to lawfully be in possession of
a firearm in a motor vehicle, or to ingress or egress from a motor vehicle
parked on a right-of-way to lawfully access a site off the right-of-way or
return from a lawfully accessed site off the right-of-way. The provisions of
this subsection shall not apply to any person engaged in a lawful action to
protect his property or livestock.
( * * *3) If any person shall willfully shoot
any firearms or hurl any missile at any street, highway or railroad traffic
light; street, highway or railroad marker or other sign for the regulation or
designation of street, highway or railroad travel, such person, upon
conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more
than Five Hundred Dollars ($500.00), or be imprisoned not longer than thirty
(30) days in the county jail, or both.
( * * *4) It shall be the duty of all
sheriffs, deputy sheriffs, constables, conservation officers and peace officers
of this state to enforce the provisions of this section.
( * * *5) If any subsection, paragraph,
sentence, clause, phrase or any part of this section is hereafter declared to
be unconstitutional or void, or if for any reason is declared to be invalid or
of no effect, the remaining subsections, paragraphs, sentences, clauses,
phrases or parts thereof shall be in no manner affected thereby but shall
remain in full force and effect.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.