MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary, Division B

By: Senator(s) Sojourner

Senate Bill 2881

AN ACT TO PROVIDE THAT THE COMPREHENSIVE FIREARMS CODE OF THE STATE OF MISSISSIPPI IS INTERPOSED IN PLACE OF ANY FEDERAL LAW CONFISCATING FIREARMS OF LAW-ABIDING CITIZENS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  All federal acts, laws, orders, rules and regulations, whether past, present or future, which infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 12 of the Mississippi Constitution of 1890, shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state and have no effect in this state.

     (2)  Federal acts, laws, orders, rules and regulations shall include any act ordering the confiscation of firearms, firearm accessories or ammunition from law-abiding citizens.

     (3)  It shall be the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state and from the infringements in subsection (2) of this section.

     (4)  No public officer or employee of this state shall have any authority to enforce or attempt to enforce any of the infringements on the right to keep and bear arms included in subsection (2) of this section.

     (5)  Any official, agent or employee of the United States government who enforces or attempts to enforce any of the infringements on the right to keep and bear arms included in subsection (2) of this section is guilty of a misdemeanor.

     (6)  Any Mississippi citizen who has been subject to an effort to enforce any of the infringements on the right to keep and bear arms included in subsection (2) of this section shall have a private cause of action for declaratory judgment and for damages against any person or entity attempting such enforcement.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.