House Bill 1149

(As Passed the House)

AN ACT TO AMEND SECTION 45-13-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SALE OF FIREWORKS FOR AN ADDITIONAL WEEK IN JUNE AND JANUARY; TO AMEND SECTION 45-13-15, MISSISSIPPI CODE OF 1972, TO CLASSIFY THE CRIME OF SELLING FIREWORKS OUTSIDE THE AUTHORIZED DATES AS A MISDEMEANOR; 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~~ eighth day of June and after the fifth day of July and before the fifth day of December and after the * * *~~second~~ ninth 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. (1) Any person, firm, partnership or corporation violating Section 45-13-9 by selling fireworks on a date other than the dates authorized for the retail sale of fireworks is guilty of a misdemeanor and may be punished by a fine not to exceed Five Hundred Dollars ($500.00) or confinement in the county jail not to exceed thirty (30) days, or both.

(2) Except as otherwise provided in subsection (1), any person, firm, partnership or corporation violating any provision of this article shall be guilty of a felony, 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~~ custody of the Mississippi Department of Corrections not to exceed one (1) year.

(3) In addition to * * *~~said~~ the criminal penalties under subsections (1) and (2), 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, 2025.