MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division B
By: Senator(s) Wiggins
AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IS THE SUBJECT OF CERTAIN DOMESTIC RESTRAINING ORDERS OR WHO HAS BEEN CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE TO POSSESS ANY FIREARM OR AMMUNITION; TO PROVIDE A CRIMINAL PENALTY; TO AMEND SECTION 93219, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PETITIONER WHO REQUESTS THE REMOVAL OF FIREARMS OR AMMUNITION FROM AN INDIVIDUAL ALLEGED TO HAVE COMMITTED ABUSE AS RELIEF IN A DOMESTIC ABUSE PROTECTION ORDER SHALL STATE THE FACTS AND CIRCUMSTANCES THAT MERIT SUCH RELIEF WITH PARTICULARITY; TO REQUIRE THE MISSISSIPPI JUDICIAL COLLEGE TO ANNUALLY REVIEW THE STANDARDIZED FORM REQUIRED UNDER THIS SECTION AND DISTRIBUTE ANY REVISED FORM TO THE COURTS; TO AMEND SECTION 932115, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COURT IN A TEMPORARY OR FINAL DOMESTIC ABUSE PROTECTION ORDER TO ORDER LAW ENFORCEMENT TO REMOVE A RESPONDENT'S FIREARMS AND AMMUNITION FOR THE DURATION OF THE ORDER WHERE A SEPARATE FINDING HAS BEEN MADE THAT THE RESPONDENT'S CONTINUED RETENTION OF FIREARMS AND AMMUNITION POSES A RISK TO THE HEALTH AND SAFETY OF THE PETITIONER, ANY MINOR CHILDREN, OR ANY PERSON ALLEGED TO BE INCOMPETENT; TO AMEND SECTION 932125, MISSISSIPPI CODE OF 1972, TO REQUIRE THE CLERK OF THE ISSUING COURT TO ENTER ORDERS REQUIRING THE REMOVAL OF FIREARMS INTO THE MISSISSIPPI PROTECTION ORDER REGISTRY WITHIN 12 HOURS OF ISSUANCE; TO ALLOW DELIVERY OF A COPY TO THE SHERIFF'S DEPARTMENT IN ELECTRONIC FORMAT; TO REQUIRE THE CLERK OF THE ISSUING COURT TO HAND DELIVER THE COPY OF THE ORDER IF THE RECEIPT OF THE COPY IN ELECTRONIC FORMAT IS NOT ACKNOWLEDGED BY THE SHERIFF'S DEPARTMENT WITHIN 12 HOURS OF TRANSMITTAL; TO AMEND SECTION 932127, MISSISSIPPI CODE OF 1972, TO PROVIDE A PRESUMPTION OF GOOD FAITH TO LAW ENFORCEMENT OFFICERS REMOVING FIREARMS PURSUANT TO A PROTECTION ORDER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following terms shall have the meaning ascribed herein unless:
(a) "Ammunition" has the same meaning as defined in 18 U.S.C. § 921(a)(17)(A).
(b) "Antique firearm" has the same meaning as defined in 18 U.S.C. § 921(a)(16).
(c) "Firearm" has the same meaning as defined in 18 U.S.C. § 921(a)(3).
(d) "Misdemeanor crime of domestic violence" means a conviction under Section 97-3-7(3)(a)(i).
(2) It shall be unlawful for any person:
(a) Who is subject to a court order that:
(i) Was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(ii) Restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(iii) 1. Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
2. By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(b) Who has been convicted in any court of a misdemeanor crime of domestic violence, to possess any firearm or ammunition.
(3) A person convicted of a violation of subsection (2) of this section shall be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned within the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years, or both.
SECTION 2. Section 93-21-9, Mississippi Code of 1972, is amended as follows:
93-21-9. (1) A petition filed under the provisions of this chapter shall state:
(a) Except as otherwise provided in this section, the name, address and county of residence of each petitioner and of each individual alleged to have committed abuse;
(b) The facts and circumstances concerning the alleged abuse;
(c) The relationships between the petitioners and the individuals alleged to have committed abuse; and
(d) A request for one or more domestic abuse protection orders.
(2) If a petition requests a domestic abuse protection order for a spouse and alleges that the other spouse has committed abuse, the petition shall state whether or not a suit for divorce of the spouses is pending and, if so, in what jurisdiction.
(3) If a petitioner requests the removal of firearms or ammunition from the individual alleged to have committed abuse as relief in a domestic abuse protection order under Section 932115(1) or (2), the petition shall state the facts and circumstances that merit such relief with particularity. The pleading requirement of this subsection is not a prerequisite to the court ordering such relief under either Section 93-21-15(1)(a)(vi)-(vii) or (2)(a)(x)-(xi).
( * * *4) Any temporary or permanent decree
issued in a divorce proceeding subsequent to an order issued pursuant to this
chapter may, in the discretion of the chancellor hearing the divorce
proceeding, supersede in whole or in part the order issued pursuant to this
chapter.
( * * *5) If a petitioner is a former spouse
of an individual alleged to have committed abuse:
(a) A copy of the decree of divorce shall be attached to the petition; or
(b) The petition shall state the decree is currently unavailable to the petitioner and that a copy of the decree will be filed with the court before the time for the hearing on the petition.
( * * *6) If a petition requests a domestic
abuse protection order for a child who is subject to the continuing
jurisdiction of a youth court, family court or a chancery court, or alleges
that a child who is subject to the continuing jurisdiction of a youth court,
family court or chancery court has committed abuse:
(a) A copy of the court orders affecting the custody or guardianship, possession and support of or access to the child shall be filed with the petition; or
(b) The petition shall state that the orders affecting the child are currently unavailable to the petitioner and that a copy of the orders will be filed with the court before the hearing on the petition.
( * * *7) If the petition includes a request
for emergency relief pending a hearing, the petition shall contain a
general description of the facts and circumstances concerning the abuse and the
need for immediate protection.
( * * *8) If the petition states that the
disclosure of the petitioner's address would risk abuse of the petitioner or
any member of the petitioner's family or household, or would reveal the
confidential address of a shelter for domestic violence victims, the
petitioner's address may be omitted from the petition. If a petitioner's
address has been omitted from the petition pursuant to this subsection and the
address of the petitioner is necessary to determine jurisdiction or venue, the
disclosure of such address shall be made orally and in camera. A nonpublic
record containing the address and contact information of a petitioner shall be
maintained by the court to be utilized for court purposes only.
( * * *9) Every petition shall be signed by
the petitioner under oath that the facts and circumstances contained in the
petition are true to the best knowledge and belief of the petitioner.
( * * *10) The Attorney General, in
cooperation with the Mississippi Supreme Court and the Mississippi Judicial
College, shall develop a standardized form petition to be used when requesting
a domestic abuse protection order. Annually, the Mississippi Judicial College
shall review and revise the standardized form, if needed, and shall distribute
any revised form to the courts.
SECTION 3. Section 93-21-15, Mississippi Code of 1972, is amended as follows:
93-21-15. (1) (a) After a hearing is held as provided in Section 93-21-11 for which notice and opportunity to be heard has been granted to the respondent, and upon a finding that the petitioner has proved the existence of abuse by a preponderance of the evidence, the municipal and justice courts shall be empowered to grant a temporary domestic abuse protection order to bring about a cessation of abuse of the petitioner, any minor children, or any person alleged to be incompetent. The relief the court may provide includes, but is not limited to, the following:
(i) Directing the respondent to refrain from abusing the petitioner, any minor children, or any person alleged to be incompetent;
(ii) Prohibiting or limiting respondent's physical proximity to the abused or other household members as designated by the court, including residence and place of work;
(iii) Prohibiting or limiting contact by the respondent with the abused or other household members designated by the court, whether in person, by telephone or by other electronic communication;
(iv) Granting
possession to the petitioner of the residence or household to the exclusion of
the respondent by evicting the respondent or restoring possession to the
petitioner, or both; * * *
(v) Prohibiting the transferring, encumbering or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business;
(vi) Ordering law enforcement to remove a respondent's firearms and ammunition for the duration of the order where the court has made a separate finding that the respondent's continued retention of firearms and ammunition poses a risk to the health and safety of the petitioner, any minor children, or any person alleged to be incompetent; or
(vii) Ordering the respondent to refrain from possessing or purchasing any firearm or ammunition for the duration of the order if the court has previously ordered the removal of the respondent's firearms and ammunition.
(b) The duration of any temporary domestic abuse protection order issued by a municipal or justice court shall not exceed thirty (30) days. However, if the party to be protected and the respondent do not have minor children in common, the duration of the temporary domestic abuse protection order may exceed thirty (30) days but shall not exceed one (1) year.
(c) Procedures for an appeal of the issuance of a temporary domestic abuse protection order are set forth in Section 93-21-15.1.
(d) A specific request from a petitioner related to firearms and ammunition under subsection (1)(a)(vi) or (vii) shall not be a prerequisite to the court ordering such relief.
(2) (a) After a hearing is held as provided in Section 93-21-11 for which notice and opportunity to be heard has been granted to the respondent, and upon a finding that the petitioner has proved the existence of abuse by a preponderance of the evidence, the chancery or county court shall be empowered to grant a final domestic abuse protection order or approve any consent agreement to bring about a cessation of abuse of the petitioner, any minor children, or any person alleged to be incompetent. In granting a final domestic abuse protection order, the chancery or county court may provide for relief that includes, but is not limited to, the following:
(i) Directing the respondent to refrain from abusing the petitioner, any minor children, or any person alleged to be incompetent;
(ii) Granting possession to the petitioner of the residence or household to the exclusion of the respondent by evicting the respondent or restoring possession to the petitioner, or both;
(iii) When the respondent has a duty to support the petitioner, any minor children, or any person alleged to be incompetent living in the residence or household and the respondent is the sole owner or lessee, granting possession to the petitioner of the residence or household to the exclusion of the respondent by evicting the respondent or restoring possession to the petitioner, or both, or by consent agreement allowing the respondent to provide suitable, alternate housing;
(iv) Awarding temporary custody of or establishing temporary visitation rights with regard to any minor children or any person alleged to be incompetent, or both;
(v) If the respondent is legally obligated to support the petitioner, any minor children, or any person alleged to be incompetent, ordering the respondent to pay temporary support for the petitioner, any minor children, or any person alleged to be incompetent;
(vi) Ordering the respondent to pay to the abused person monetary compensation for losses suffered as a direct result of the abuse, including, but not limited to, medical expenses resulting from such abuse, loss of earnings or support, out-of-pocket losses for injuries sustained, moving expenses, a reasonable attorney's fee, or any combination of the above;
(vii) Prohibiting the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business;
(viii) Prohibiting or limiting respondent's physical proximity to the abused or other household members designated by the court, including residence, school and place of work;
(ix) Prohibiting or limiting contact by the respondent with the abused or other household members designated by the court whether in person, by telephone or by electronic communication;
(x) Ordering law enforcement to remove a respondent's firearms and ammunition for the duration of the order where the court has made a separate finding that the respondent's continued retention of firearms and ammunition poses a risk to the health and safety of the petitioner, any minor children, or any person alleged to be incompetent;
(xi) Ordering the respondent to refrain from possessing or purchasing any firearm or ammunition for the duration of the order if the court has previously ordered the removal of the respondent's firearms and ammunition; and
( * * *xii) Ordering counseling or
professional medical treatment for the respondent, including counseling or
treatment designed to bring about the cessation of domestic abuse.
(b) Except as provided below, a final domestic abuse protection order issued by a chancery or county court under the provisions of this chapter shall be effective for such time period as the court deems appropriate. The expiration date of the order shall be clearly stated in the order.
(c) Temporary provisions addressing temporary custody, visitation or support of minor children contained in a final domestic abuse protection order issued by a chancery or county court shall be effective for one hundred eighty (180) days. A party seeking relief beyond that period must initiate appropriate proceedings in the chancery court of appropriate jurisdiction. If at the end of the one-hundred-eighty-day period, neither party has initiated such proceedings, the custody, visitation or support of minor children will revert to the chancery court order addressing such terms that was in effect at the time the domestic abuse protection order was granted. The chancery court in which custody, visitation or support proceedings have been initiated may provide for any temporary provisions addressing custody, visitation or support as the court deems appropriate.
(d) A specific request from a petitioner related to firearms and ammunition under subsection (2)(a)(x) or (xi) shall not be a prerequisite to the court ordering such relief.
(3) Every domestic abuse protection order issued pursuant to this section shall set forth the reasons for its issuance, shall contain specific findings of fact regarding the existence of abuse, shall be specific in its terms and shall describe in reasonable detail the act or acts to be prohibited. No mutual protection order shall be issued unless that order is supported by an independent petition by each party requesting relief pursuant to this chapter, and the order contains specific findings of fact regarding the existence of abuse by each party as principal aggressor, and a finding that neither party acted in self-defense.
(4) The Attorney General, in cooperation with the Mississippi Supreme Court and the Mississippi Judicial College, shall develop standardized forms for temporary and final domestic abuse protection orders. The use of standardized forms in protection order proceedings pursuant to this chapter shall be fully implemented by all courts no later than July 1, 2015. However, in any criminal prosecution or contempt proceeding for a violation of a domestic abuse protection order, it shall not be a defense that the order was not issued on the standardized form. Annually, the Mississippi Judicial College shall review and revise the standardized form, if needed, and shall distribute any revised form to the courts.
(5) Upon issuance of any protection order by the court, the order shall be entered in the Mississippi Protection Order Registry by the clerk of the court pursuant to Section 93-21-25, and a copy shall be provided to the sheriff's department in the county of the court of issuance.
(6) Upon subsequent petition by either party and following a hearing of which both parties have received notice and an opportunity to be heard, the court may modify, amend, or dissolve a domestic abuse protection order previously issued by that court.
(7) A domestic abuse protection order issued under this section is effective in this state, in all other states, and in United States territories and tribal lands. A court shall not limit the scope of a protection order to the boundaries of the State of Mississippi or to the boundaries of a municipality or county within the State of Mississippi.
(8) Procedures for an appeal of the issuance or denial of a final domestic abuse protection order are set forth in Section 93-21-15.1.
SECTION 4. Section 93-21-25, Mississippi Code of 1972, is amended as follows:
93-21-25. (1) In order to provide a statewide registry for protection orders and to aid law enforcement, prosecutors and courts in handling such matters, the Attorney General is authorized to create and administer a Mississippi Protection Order Registry. The Attorney General's office shall implement policies and procedures governing access to the registry by authorized users, which shall include provisions addressing the confidentiality of any information which may tend to reveal the location or identity of a victim of domestic abuse.
(2) All orders issued pursuant to Sections 93-21-1 through 93-21-29, 97-3-7(11), 97-3-65(6) or 97-3-101(5) will be maintained in the Mississippi Protection Order Registry.
(3) For all orders other than those requiring the removal of firearms and ammunition, it shall be the duty of the clerk of the issuing court to enter all civil and criminal domestic abuse protection orders and all criminal sexual assault protection orders, including any modifications, amendments or dismissals of such orders, into the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays. A separate copy of any order shall be provided to the sheriff's department TAC officers of the county of the issuing court. The copy may be provided in electronic format.
(4) For orders requiring the removal of firearms and ammunition, it shall be the duty of the clerk of the issuing court to enter all civil and criminal domestic abuse protection orders and all criminal sexual assault protection orders, including any modifications, amendments or dismissals of such orders, into the Mississippi Protection Order Registry within twelve (12) hours of issuance with no exceptions for weekends or holidays. A separate copy of any order shall be provided to the sheriff's department TAC officers of the county of the issuing court. The copy may be provided in electronic format, but if the receipt of the copy in electronic format is not acknowledged by the sheriff's department within twelve (12) hours of the electronic transmittal of the copy, the clerk of the issuing court shall immediately hand deliver the copy with no exceptions for weekends or holidays.
(5) Each qualifying protection order submitted to the Mississippi Protection Order Registry shall be automatically transmitted to the National Criminal Information Center Protection Order File. Failure of the clerk to enter the order into the registry or to provide a copy of the order to law enforcement shall have no effect on the validity or enforcement of an otherwise valid protection order.
(6) Any information regarding the registration or issuance of a civil or criminal domestic abuse protection order or a criminal sexual assault protection order, or the filing of a petition for a civil domestic abuse protection order which is maintained in the Mississippi Protection Order Registry and would tend to reveal the identity or location of the protected person(s) shall not constitute a public record and shall be exempt from disclosure pursuant to the Mississippi Public Records Act of 1983. This information may be disclosed to appropriate law enforcement, prosecutors or courts for protection order enforcement purposes.
SECTION 5. Section 93-21-27, Mississippi Code of 1972, is amended as follows:
93-21-27. A law enforcement officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged domestic violence incident brought by any authorized party, or an arrest made in good faith pursuant to Section 99-3-7(3), or failure, in good faith, to make an arrest pursuant to Section 99-3-7(3). Any law enforcement officer removing firearms or ammunition pursuant to a protection order shall be presumed to be acting in good faith.
SECTION 6. This act shall take effect and be in force from and after its passage.