House Bill 942

AN ACT TO AMEND SECTION 45-13-9, MISSISSIPPI CODE OF 1972, TO EXTEND THE PERIOD OF TIME THAT FIREWORKS MAY BE SOLD; TO AMEND SECTION 45-13-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON, FIRM, PARTNERSHIP OR CORPORATION THAT IS FOUND TO BE IN VIOLATION OF ANY PROVISION OF THE LAW RELATED TO FIREWORKS SHALL BE GUILTY OF A MISDEMEANOR, NOT A FELONY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-13-9, Mississippi Code of 1972, is amended as follows:

45-13-9. No fireworks shall be sold or offered for sale at retail before the fifteenth day of June and after the * * * ~~fifth~~ seventh day of July and before the fifth day of December and after the * * *~~second~~ fifth day of January of each year. No fireworks shall be sold to any person under the age of twelve (12) years. It shall be unlawful to ignite or discharge fireworks of any type within six hundred (600) feet of any church, hospital or school, or within seventy-five (75) feet of where fireworks are stored or offered for sale. It shall also be unlawful to ignite or discharge the same within or throw the same from or into or at any motor vehicle.

SECTION 2. Section 45-13-15, Mississippi Code of 1972, is amended as follows:

45-13-15. Any person, firm, partnership or corporation violating any provision of this article shall be guilty of a * * *~~felony~~ misdemeanor, and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment in the county jail or State Penitentiary not to exceed one (1) year. In addition to said criminal penalties, any person, firm, partnership or corporation violating any provision of this article shall be responsible for any and all injuries, deaths and property damage caused by or resulting from illegal fireworks sold by such person, firm, partnership or corporation which is prohibited by this article within the State of Mississippi, and any injured person or his legal representatives, shall have a right to bring a civil action against the dealer, distributor or manufacturer or person who sold said fireworks, whether said dealer, distributor or manufacturer or person be located in this state or not. Any dealer, distributor or manufacturer or person located outside of this state who shall sell fireworks in Mississippi shall make, constitute and appoint the Secretary of State as their lawful agent for service of process in any civil proceeding brought under the provisions of this article, to recover all damages caused or resulting from the sale of any fireworks prohibited by this article.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.